626 Subpart E—Restricted Waterfront Areas Subpart F—Specific

§ 165.33 33 CFR Ch. I (7–1–12 Edition)

injury from sabotage or other subver- Subpart F—Specific Regulated sive acts, accidents, or other causes of Navigation Areas and Limited a similar nature: Access Areas (1) Vessels, (2) Harbors, FIRST COAST GUARD DISTRICT (3) Ports, and (4) Waterfront facilities: § 165.T01–0048 Regulated Navigation Area; MBTA Saugus River Railroad in the United States and all territory Drawbridge rehabilitation project, and water, continental or insular, that Saugus River, MA. is subject to the jurisdiction of the (a) Location. The following area is a United States. Regulated Navigation Area (RNA): All navi- § 165.33 General regulations. gable waters, surface to bottom, on the Unless otherwise provided in the spe- Saugus River, within a 300 yard radius cial regulations in Subpart F of this of position 42°26′50″ N, 70°58′19″ W in the part: vicinity of the MBTA Saugus River (a) No person or vessel may enter or Railroad Drawbridge between Saugus remain in a security zone without the and Lynn, MA. permission of the Captain of the Port; (b) Regulations. (1) The general regulations contained in 33 CFR 165.10, (b) Each person and vessel in a secu- 165.11, and 165.13 apply in addition to rity zone shall obey any direction or those provisions outlined below. order of the Captain of the Port; (2) In accordance with the general (c) The Captain of the Port may take regulations, entry into or movement possession and control of any vessel in within this zone during periods of en- the security zone; forcement is prohibited unless author- (d) The Captain of the Port may re- ized by Captain of the Port Sector Bos- move any person, vessel, article, or ton (COTP). thing from a security zone; (3) All persons and vessels must com- (e) No person may board, or take or ply with all directions given to them place any article or thing on board, by the COTP or the on-scene represent- any vessel in a security zone without ative. The ‘‘on-scene representative’’ of the permission of the Captain of the the COTP is any Coast Guard commis- Port; and sioned, warrant or petty officer who (f) No person may take or place any has been designated by the COTP to article or thing upon any waterfront act on the COTP’s behalf. The on-scene facility in a security zone without the representative may be on a Coast Guard vessel or other designated craft, permission of the Captain of the Port. or may be on shore and will communicate with vessels via VHF–FM radio Subpart E—Restricted Waterfront or loudhailer. Members of the Coast Areas Guard Auxiliary may be present to inform vessel operators of this regula- § 165.40 Restricted waterfront areas. tion. The Commandant, may direct the (4) Upon being hailed by a U.S. Coast COTP to prevent access to waterfront Guard vessel by siren, radio, flashing facilities, and port and harbor areas, light or other means, the operator of including vessels and harbor craft the vessel must proceed as directed. therein. This section may apply to per- (5) Notwithstanding any other provi- sons who do not possess the credentials sions in this regulation, the movement of official, emergency vessels within outlined in § 125.09 of this chapter when the regulated area will be permitted certain shipping activities are con- provided that the contractor is notified ducted that are outlined in § 125.15 of in order to remove potential hazards or this chapter. obstructions. (6) All other relevant regulations, including but not limited to the Rules of the Road (33 CFR Subchapter E, Inland

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Navigational Rules), remain in effect (4) All persons and vessels must com- within the regulated area and must be ply with all directions given to them strictly followed at all times. by the COTP or his on-scene represent- (c) Enforcement period. (1) This regula- ative. The ‘‘on-scene representative’’ of tion is enforceable each week from Fri- the COTP is any Coast Guard commis- day at 11 p.m. until Monday at 4 a.m., sioned, warrant or petty officer who from February 24, 2012, through No- has been designated by the COTP to vember 30, 2012. act on the COTP’s behalf. The on-scene (2) The COTP Sector Boston will representative may be on a Coast cause notice of enforcement to be made Guard vessel, New Hampshire State Po- by all appropriate means to achieve the lice vessel, New Hampshire Marine Pa- widest distribution among the affected trol vessel or other designated craft, or segments of the public. Such means of may be on shore, and will communicate notification may include but are not with vessels via VHF–FM radio or limited to Broadcast Notice to Mari- loudhailer. Members of the Coast ners, Local Notice to Mariners, and Guard Auxiliary may be present to in- Marine Safety Information Bulletins. form vessel operators of this regula- Such notification will include the tion. dates and times that enforcement will (5) Upon being hailed by a U.S. Coast begin and end. Guard vessel by siren, radio, flashing light or other means, the operator of (d) Penalties. Failure to comply with the vessel must proceed as directed. this section may result in civil or (6) All other relevant regulations, in- criminal penalties pursuant to the cluding but not limited to the Rules of Ports and Waterways Safety Act, 33 the Road (33 CFR part 84—Subchapter U.S.C. 1221 et seq. Report violations of E, Inland Navigational Rules) remain this regulated navigation area to the in effect within the regulated area and COTP Sector Boston, at 617–223–5757 or must be strictly followed at all times. on VHF–Channel 16. (c) Enforcement period. (1) This sec- EFFECTIVE DATE NOTE: By USCG–2012–0048, tion is enforceable from February 28, 77 FR 13974, Mar. 8, 2012, temporary § 165.T01– 2012 until 11:59 p.m. on July 31, 2013. 0048 was added, effective from Mar. 8, 2012 (2) The COTP will give notice of en- until 11:59 p.m. on Nov. 30, 2012. forcement by appropriate means to inform the affected segments of the pub- § 165.T01–0084 Regulated Navigation lic, and such notification will include Area; Little Bay Bridge Construc- tion, Little Bay, Portsmouth, NH. dates and times. Means of notification may include, but are not limited to, (a) Location. The following area is a Broadcast Notice to Mariners and Regulated Navigation Area (RNA): all Local Notice to Mariners. navigable waters of Little Bay between (d) Penalties. Failure to comply with Newington, NH and Dover, NH, from this section may result in civil or surface to bottom, within a 300 yard ra- criminal penalties pursuant to the dius of position 43°07′05″ N, 070°49′33″ W. Ports and Waterways Safety Act, 33 (b) Regulations. (1) The general regu- U.S.C. 1221 et seq. Report violations of lations contained in 33 CFR 165.10, this regulated navigation area to the 165.11, and 165.13 apply within the RNA. COTP Sector Northern New England, In addition, the following regulations at 207–767–0303 or on VHF—Channel 16. apply: (2) In accordance with the general EFFECTIVE DATE NOTE: By USCG–2012–0084, 77 FR 14279, Mar. 9, 2012, temporary § 165.T01– regulations, entry into or movement 0084 was added, effective Mar. 9, 2012 through within this zone, during periods of en- July 31, 2013. forcement, is prohibited unless authorized by Captain of the Port Sector § 165.T01–0100 Security Zones: War of Northern New England (COTP). 1812 Bicentennial Commemoration, (3) A speed limit of five (5) knots will Port of Boston, Massachusetts. be in effect within the regulated area. (a) Location. The following are secu- All vessels must proceed through the rity zones: A twenty five (25) yard safe- area with caution and operate in such ty and security zone around all moored a manner as to produce no wake. official War of 1812 event participants,

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all moored U.S. military vessels under east to a point on land located at 100 feet, and all foreign military vessels 41°19′14.000″ N, 72°10′38.000″ W. within the Captain of the Port Zone (b) Regulations. (1) The general regu- Boston. lations contained in 33 CFR 165.10, (b) Definitions. For purposes of this 165.11, and 165.13 apply. section ‘‘Designated on-scene rep- (2) In accordance with the general resentative’’ is any Coast Guard com- regulations, entry into or movement missioned, warrant, or petty officer within this zone, during periods of en- who has been designated by the Cap- forcement, is prohibited unless author- tain of the Port (COTP) Boston to act ized by the Captain of the Port, Long on the COTP’s behalf. The designated Island Sound (COTP). on-scene representative may be on a (3) All persons and vessels must com- Coast Guard vessel, or onboard a fed- ply with the COTP or the COTP’s des- eral, state, or local agency vessel that ignated on-scene Coast Guard patrol is authorized to act in support of the personnel. Coast Guard. (4) Upon being hailed by a Coast (c) Effective period. This regulation is Guard vessel by siren, radio, flashing effective from 9 a.m. on June 28, 2012 light or other means, the operator of until 6 p.m. on July 6, 2012. the vessel must proceed as directed. (d) Regulations. (1) In accordance with (5) Persons and vessels may request the general regulations in 33 CFR permission to enter the zone during pe- 165.33, subpart D, no person or vessel riods of enforcement on VHF–16 or via may enter, transit, anchor or otherwise phone at 203–468–4401. move within the security zones created (6) Rules of the Road (33 CFR part 84, by this section unless granted permis- Inland Navigational Rules) remain in sion to do so by the COTP Boston or effect and must be strictly adhered to the designated on-scene representative. at all times. (2) Vessel operators desiring to enter (c) Enforcement period. (1) This regu- or operate within the security zone lated navigation area is enforceable 24 shall contact the COTP or the des- hours a day from June 20, 2010 until ignated on-scene representative via April 20, 2013. VHF channel 16 to obtain permission. (2) The COTP may temporarily sus- (3) Penalties. Vessels or persons vio- pend enforcement of the RNA. If en- lating this rule are subject to the pen- forcement is suspended, the COTP will alties set forth in 33 U.S.C. 1232 and 50 cause a notice of the suspension of en- U.S.C. 192. forcement by all appropriate means to effect the widest publicity among the EFFECTIVE DATE NOTE: By USCG–2012–0100, 77 FR 35842, June 15, 2012, temporary affected segments of the public. Such § 165.T01–0100 was added, effective from 9 a.m. means of notification may include, but on June 29, 2012 to 6 p.m. on July 6, 2012. are not limited to, Broadcast Notice to Mariners and Local Notice to Mariners. § 165.T01–0220 Regulated Navigation Such notification will include the date Area: Niantic Railroad Bridge Con- and time that enforcement is sus- struction, Niantic, Connecticut. pended as well as the date and time (a) Location. The following area is a that enforcement will resume. regulated navigation area: All navi- (3) The COTP may temporarily sus- gable waters of the Federal channel on pend all traffic through the RNA for the Niantic River in Niantic, CT, from any situation that would pose immi- surface to bottom, bounded to the nent hazard to life on the navigable north by the Highway 156/Main Street waters. In the event of a complete wa- Bridge and to the south beginning at a terway closure, the COTP will make point on land located at 41°19′26.000″ N, advance notice of the closure by all 72°10′51.000″ W, then running southeast means available to effect the widest to position 41°19′16.158″ N, 72°10′45.519″ public distribution including, but are W (Niantic River Channel Buoy 3 not limited to, Broadcast Notice to (LLNR 22310)) and 41°19′15.285″ N, Mariners and Local Notice to Mariners. 72°10′44.867″ W (Niantic River Channel Such notification will include the date Buoy 4 (LLNR 22315)), then running and time of the closure as well as the

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date and time that normal vessel traf- Guard, Coast Guard Auxiliary, state, or fic can resume. local law enforcement vessels assigned (4) Violations of this regulated navi- or approved by the COTP. gation area should be reported to the (3) Spectators. All persons and vessels Captain of the Port Sector Long Island not registered with the event sponsor Sound, at 203–468–4401 or on VHF–Chan- as participants or official patrol ves- nel 16. Persons in violation of this reg- sels. ulated navigation area may be subject (c) Vessel operators desiring to enter to civil and/or criminal penalties. or operate within the regulated areas should contact the COTP or the des- EFFECTIVE DATE NOTE: By USCG–2010–0220, 75 FR 38926, July 7, 2010, temporary § 165.T01– ignated representative via VHF chan- 0220 was added, effective from July 7, 2010 nel 16 or by telephone at (203) 468–4404 through Apr. 20, 2013. to obtain permission to do so. (d) Spectators shall not anchor, § 165.T01–0477 Safety Zones; Fireworks block, loiter, or impede the transit of Displays in Captain of the Port event participants or official patrol Long Island Sound Zone. vessels in the regulated areas during (a) Regulations. The general regula- the effective dates and times, or dates tions contained in 33 CFR 165.23 as well and times as modified through the as the following regulations apply to Local Notice to Mariners, unless au- the events listed in the TABLE of thorized by COTP or designated rep- § 165.T01–0477. These regulations will be resentative. enforced for the duration of each event. (e) The COTP or designated rep- (b) Definitions. The following defini- resentative may delay or terminate tions apply to this section: any marine event in this subpart at (1) Designated Representative. A ‘‘des- any time it is deemed necessary to en- ignated representative’’ is any Coast sure the safety of life or property. Guard commissioned, warrant or petty (f) The regulated area for all fire- officer of the U.S. Coast Guard who has works displays listed in the TABLE of been designated by the Captain of the § 165.T01–0477 is that area of navigable Port (COTP), Sector Long Island waters within a 1000 foot radius of the Sound, to act on his or her behalf. The launch platform or launch site for each designated representative may be on an fireworks display. Fireworks barges official patrol vessel or may be on used in these locations will also have a shore and will communicate with ves- sign on their port and starboard side sels via VHF–FM radio or loudhailer. labeled ‘‘FIREWORKS—STAY AWAY.’’ In addition, members of the Coast This sign will consist of 10 inch high by Guard Auxiliary may be present to in- 1.5 inch wide red lettering on a white form vessel operators of this regula- background. Shore sites used in these tion. locations will display a sign labeled (2) Official Patrol Vessels. Official pa- ‘‘FIREWORKS—STAY AWAY’’ with trol vessels may consist of any Coast the same dimensions.

TABLE OF § 165.T01–0477 FIREWORKS DISPLAY EVENTS

1 Goldstein Party Fireworks ...... • Date: June 23, 2012. • Rain Date: June 24, 2012. • Time: 8:30 p.m. to 10:30 p.m. • Location: A point in Sag Harbor Cove off of Ferry Road, Sag Harbor, NY in approximate position 41°00′15.39″ N, 072°18′21.92″ W (NAD 83). 2 Salute to Veterans Fireworks ...... • Date: June 23, 2012. • Rain Date: June 30, 2012. • Location: Waters of Reynolds Channel off Hempstead, NY in approximate position 40°35′36.62″ N, 073°35′20.72″ W (NAD 83).

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TABLE OF § 165.T01–0477—Continued FIREWORKS DISPLAY EVENTS 3 Goren Wedding Fireworks ...... • Date: June 30, 2012. • Rain Date: July 1, 2012. • Time: 8:30 p.m. to 10:30 p.m. • Location: A point in Bellport Bay 700 feet east of Point Road, Bellport, NY in approximate position 40°44′31.18″ N, 072°56′31.38″ W (NAD 83). 4 Connetquot River Boat Parade Fireworks • Date: July 3, 2012. • Rain Date: July 5, 2012. • Time: 8:30 p.m. to 10:30 p.m. • Location: A point on the Connetquot River off Snapper Inn Restaurant, Oakdale, NY in approximate position 40°43′32.38″ N, 073°9′2.64″ W (NAD 83). 5 North Bay 4th of July Fireworks ...... • Date: July 4, 2012. • Rain Date: July 5, 2012. • Time: 8:30 p.m. to 10:30 p.m. • Location: A point on the Great South Bay in Patchogue Bay 4000 feet south east of Blue Point, NY in approximate position 40°44′6.28″ N, 073°1′2.5″ W (NAD 83). 6 National Golf Links Fireworks ...... • Date: July 6, 2012. • Rain Date: July 7, 2012. • Time: 8:30 p.m. to 10:30 p.m. • Location: A point on the Great Peconic Bay 3⁄4 of a mile north west of Bullhead Bay, Shinnecock, NY in approximate position 40°55′11.79″ N, 072°28′4.34″ W (NAD 83). 7 Devon Yacht Club Fireworks ...... • Date: July 7, 2012. • Rain Date: July 8, 2012. • Location: Waters of Napeague Bay, in Block Island Sound off Amagansett, NY in approximate position 40°59′41.4″ N, 072°6′8.7″ W (NAD 83). 8 Dolan Family Fourth Fireworks ...... • Date: July 4, 2012. • Rain Date: July 5, 2012. • 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). 9 Islip Fireworks ...... • Date: July 4, 2012. • Rain Date: July 5, 2012. • 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). 10 Madison Fireworks ...... • Date: July 4, 2012. • Rain Date: July 7, 2012. • Location: Waters of Long Island Sound off Madison Beach in Madison, CT in approximate position 41°16′3.93″ N, 072°36′15.97″ W (NAD 83). 11 Stratford Fireworks ...... • Date: July 3, 2012. • Rain Date: July 5, 2012.

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TABLE OF § 165.T01–0477—Continued FIREWORKS DISPLAY EVENTS • Location: Waters of Long Island Sound surrounding Short Beach Park in Stratford, CT in approximate position 41°09′50.82″ N, 073°6′47.13″ W (NAD 83). 12 Rowayton Fireworks ...... • Date: July 4, 2012. • Rain Date: July 5, 2012. • Location: Waters of Long Island Sound south of Bayley Beach Park in Rowayton, CT in approximate position 41°03′11″ N, 073°26′41″ W (NAD 83). 13 Quarentello Wedding Fireworks ...... • Date: July 21, 2012. • Rain Date: None. • Location: Waters of the Great South Bay south east of Brown Point in Sayville, NY in approximate position 40°43′19″ N, 073°03′53″ W (NAD 83). 14 Niantic Bay Fireworks ...... • Date: July 6, 2012. • Rain Date: July 7, 2012. • Location: Waters of Niantic Bay 1500 feet west of the Niantic River Railroad Bridge in Niantic, CT in approximate position 41°19′22.59″ N, 072°11′3.47″ W (NAD 83).

[USCG–2012–0477, 77 FR 36398, Jun. 19, 2012] contact the dredge and/or blasting EFFECTIVE DATE NOTE: By USCG–2012–0477, barge on Channel 13. 77 FR 36398, June 19, 2012, temporary (3) No vessel shall enter or transit § 165.T01–0477 was added, effective from June any work area where drill barges and/ 23, 2012 through July 21, 2012. or dredges are located without the permission of Vessel Traffic Service New § 165.T01–0727 Regulated Navigation York (VTSNY) Director. Area; Arthur Kill, NY and NJ. (4) No vessel may be underway within (a) Regulated area. The following area 1,500 feet of the blasting area during is a regulated navigation area: all blasting operations. waters of the North of Shooters Island (5) No vessel shall enter an area of Reach, Elizabethport Reach, and Gulf- drilling or blasting when they are ad- port Reach in the Arthur Kill; bounded vised by the drilling barge or VTSNY in the northeast by a line drawn from that a misfire or hang fire has occurred. position 40° 38′48.637″ N, 074° 09′18.204″ (6) Vessel Movement Reporting Sys- W; to a point in position 40°38′37.815″ N, tem (VMRS) users are prohibited from 074° 09′20.245″ W; and bounded in the meeting or overtaking other vessels southwest by a line drawn from posi- when transiting alongside an active tion 40° 37′15.643″ N, 074° 12′15.927″ W; to ° ′ ″ ° work area where dredging and drilling a point in position 40 37 15.779 N, 074 equipment are being operated. ′ ″ 12 08.0622 W. All geographic coordi- (7) Each vessel transiting in the vi- nates are North American Datum of cinity of a work area where dredges are 1983 (NAD 83). located is required to do so at reduced (b) Regulations. (1) The general regu- speed to maintain maneuverability lations contained in 33 CFR 165.13 while minimizing the effects of wake apply. and surge. (2) All vessels must remain at least (8) The VTSNY Director may impose 150 feet from all drilling and blasting additional requirements through VTS equipment; if a vessel must pass within measures, as per 33 CFR 161.11. 150 feet of drilling and blasting equip- (9) Suspension of enforcement: the ment for reasons of safety, they shall Captain of the Port (COTP) New York

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will cause notice of enforcement, sus- (4) Each vessel approaching the tem- pension of enforcement, or closure of porary channel and equipped with a the waterway to be made by all appro- VHF radio must make an appropriate priate means to achieve the widest dis- ‘‘Securite’’ radio call to notify ap- tribution among the affected segments proaching vessel traffic; of the public. Such means of notifica- (c) Effective period; enforcement. This tion may include, but are not limited section is effective from 8 a.m. on Sep- to, Broadcast Notice to Mariners, tember 9, 2011, until 11:59 p.m. on May Local Notice to Mariners and Vessel 1, 2013. Paragraph (b) of this section Traffic Service New York (VTSNY). may be enforced at any time within Such notification will include the date that period. The COTP and designated and time that enforcement is sus- on-scene patrol personnel will notify pended as well as the date and time the public whenever paragraph (b) is in that enforcement will resume. force and whenever enforcement is lift- (c) Effective period. This rule is effec- ed. Notification may be by Broadcast tive from 8 a.m. on August 12, 2011 Notice to Mariners, Local Notice to until 5 p.m. on April 1, 2014. Mariners, Marine Safety Information EFFECTIVE DATE NOTE: By USCG–2011–0727, Bulletins, or by siren, radio, flashing 76 FR 52572, Aug. 23, 2011, temporary light, or other hailing by a Coast § 165.T01–0727 was added, effective Aug. 23, Guard vessel. 2011 until 5 p.m. on Apr. 1, 2014. At 77 FR (d) Violations. Report violations of 1025, Jan. 9, 2012, paragraph (b)(9) was added, this regulated navigation area to the effective Jan. 9, 2012 until 5 p.m. on Apr. 1, COTP at 508–457–3211 or on VHF–Chan- 2014. nel 16.

§ 165.T01–0868 Regulated Navigation EFFECTIVE DATE NOTE: By USCG–2011–0868, Area; Route 24 Bridge Construction, 76 FR 57913, Sept. 19, 2011, temporary Sakonnet River, Rhode Island. § 165.T01–0868 was added, effective Sept. 19, (a) Location. The following area is a 2011 until 11:59 p.m. on May 1, 2013. regulated navigation area: All navigable waters of the Sakonnet River be- § 165.T01–1097 Regulated Navigation tween Tiverton and Portsmouth, RI, Area; Memorial Bridge Construc- tion, Piscataqua River, Portsmouth, from surface to bottom, within 100 NH. yards of the Route 24 bridge over the Sakonnet River. (a) Location. The following area is a (b) Regulations. The general regula- Regulated Navigation Area (RNA): All tions contained in 33 CFR 165.10, 165.11, navigable waters, surface to bottom, on and 165.13 apply within the RNA, and in the Piscataqua River within a 300 yard addition: radius of position 43°04′46″ N, 70°45′10″ W (1) Each person or vessel within the in the vicinity of the Memorial Bridge RNA must comply with the directions construction zone between Ports- of the Captain of the Port Sector mouth, NH and Badgers Island in Southeastern New England (COTP) or Kittery, ME. the COTP’s designated on-scene patrol (b) Regulations. (1) The general regu- personnel and must comply with all ap- lations contained in 33 CFR 165.10, plicable regulations including but not 165.11, and 165.13 apply within the RNA, limited to the Rules of the Road (33 and in addition: CFR Subchapter E, Inland Naviga- (2) In accordance with the general tional Rules); regulations, entry into or movement (2) The COTP may close the RNA or within this zone, during periods of en- establish a marked temporary channel forcement, is prohibited unless author- within the RNA at any time to protect ized by Captain of the Port (COTP) public safety; Sector Northern New England. (3) Each vessel using the temporary (3) A speed limit of five (5) knots will channel must not exceed 47 feet in be in effect within the regulated area. height from the waterline, have a draft All vessels must proceed through the not exceeding 17 feet, and enter the area with caution and operate in such temporary channel only if it is com- a manner as to produce no wake. pletely clear of all other vessel traffic; (4) Vessels must comply with all di- and rections given to them by the COTP

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Sector Northern New England or his surface to bottom, within 100 yards of on-scene representative. The ‘‘on-scene any point on the S99 Alford Street representative’’ of the COTP is any Bridge. Coast Guard commissioned, warrant or (b) Regulations. (1) The general regu- petty officer who has been designated lations contained in 33 CFR 165.10, by the COTP to act on the COTP’s be- 165.11, and 165.13 apply in addition to half. The on-scene representative may those provisions outlined below. be on a Coast Guard vessel; New Hamp- (2) In accordance with the general shire State Police, Maine State Police, regulations, entry into or movement or other designated craft; or may be on within this zone, during periods of en- shore and will communicate with ves- forcement, is prohibited unless author- sels via VHF–FM radio or loudhailer. ized by Captain of the Port (COTP) Members of the Coast Guard Auxiliary Sector Boston. may be present to inform vessel opera- (3) All persons and vessels must com- tors of this regulation. ply with all directions given to them (5) Upon being hailed by a U.S. Coast by the COTP Sector Boston or the on- Guard vessel by siren, radio, flashing scene representative. The ‘‘on-scene light or other means, the operator of representative’’ of the COTP is any the vessel must proceed as directed. Coast Guard commissioned, warrant or (6) All other relevant regulations, in- petty officer who has been designated cluding but not limited to the Rules of by the COTP to act on the COTP’s be- the Road (33 CFR Subchapter E, Inland half. The on-scene representative may Navigational Rules) remain in effect be on a Coast Guard vessel or other within the regulated area and should designated craft, or may be on shore be strictly followed at all times. and will communicate with vessels via (c) Enforcement. This regulated navi- VHF–FM radio or loudhailer. Members gation area is enforceable 24 hours a of the Coast Guard Auxiliary may be day from December 22, 2011 until De- present to inform vessel operators of cember 31, 2013. this regulation. (1) Notice of suspension of enforce- (4) Upon being hailed by a U.S. Coast ment: If enforcement is suspended, the Guard vessel by siren, radio, flashing COTP will cause a notice of the suspen- light or other means, the operator of sion of enforcement by all appropriate the vessel must proceed as directed. means to be given the widest publicity (5) Notwithstanding any other provi- among the affected segments of the sions in this regulation, the movement public. Such means of notification may of official, emergency vessels within include, but are not limited to, Broad- the regulated area is permitted pro- cast Notice to Mariners and Local No- vided that the contractor is notified in tice to Mariners. Such notification will order to remove potential hazards or include the date and time that enforce- obstructions. ment is suspended as well as the date (6) All other relevant regulations, in- and time that enforcement will re- cluding but not limited to the Rules of sume. the Road (33 CFR subchapter E, Inland (2) Violations of this regulated navi- Navigational Rules) remain in effect gation area may be reported to the within the regulated area and must be COTP Sector Northern New England, strictly followed at all times. at (207) 767–0303 or on VHF–Channel 16. (c) Enforcement period: (1) This regulated navigation area is enforceable 24 EFFECTIVE DATE NOTE: By USCG–2011–1097, 77 FR 1410, Jan. 10, 2012, temporary § 165.T01– hours a day from December 27, 2011 1097 was added, effective from Jan. 10, 2012 through November 30, 2012. through Dec. 31, 2013. (2) Suspension of enforcement: The COTP Sector Boston will cause notice § 165.T01–1125 Regulated Navigation of enforcement, suspension of enforce- Area; S99 Alford Street Bridge reha- ment, or closure of the waterway to be bilitation project, Mystic River, MA made by all appropriate means to (a) Location. The following area is a achieve the widest distribution among Regulated Navigation Area (RNA): All the affected segments of the public. navigable waters of the Mystic River Such means of notification may in- between Boston and Chelsea, MA, from clude but are not limited to Broadcast

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Notice to Mariners, Local Notice to (ii) Double-hull tank barges are ex- Mariners and Marine Safety Informa- empt from paragraph (d)(1)(i) of this tion Bulletins. Such notification will section. include the date and time that enforce- (iii) The cognizant Captain of the ment is suspended as well as the date Port (COTP), upon written application, and time that enforcement will re- may authorize an exemption from the sume. requirements of paragraph (d)(1)(i) of (3) Report violations of this regulated this section for— navigation area to the COTP Sector (A) Any tank barge with a capacity Boston, at (617) 223–5757 or on VHF– of less than 25,000 barrels, operating in Channel 16. an area with limited depth or width such as a creek or small river; or EFFECTIVE DATE NOTE: By USCG–2011–1125, 77 FR 1022, Jan. 9, 2012, temporary § 165.T01– (B) Any tank barge operating on any 1125 was added, effective Jan. 9, 2012 through waters within the COTP Zone, if the Nov. 30, 2012. operator demonstrates to the satisfaction 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). away from danger of grounding or col- (vi) Old Field Point Light (LLNR lision in the event of— 21275). (A) A propulsion failure; (vii) Approach to Stratford Point (B) A parted towing line; from the south (NOAA Chart 12370). (C) A loss of tow; (viii) Falkner Island Light (LLNR (D) A fire; 21170). (E) Grounding; (ix) TE Buoy (LLNR 21160). (F) A loss of steering; or (x) CF Buoy (LLNR 21140). (G) Any other time a vessel may be (xi) PI Buoy (LLNR 21080). operating in a Hazardous Vessel Oper- (xii) Race Rock Light (LLNR 19815). ating Condition as defined in § 161.2 of (xiii) Valiant Rock Buoy (LLNR this Chapter. 19825).

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(xiv) Approach to Point Judith in vi- (A) The information described in cinity of Block Island ferry route. paragraphs (d)(3)(iii)(D) and (E) of this (xv) Buzzards Bay Entrance Light section. (LLNR 630). (B) Current weather conditions in- (xvi) Buzzards Bay Midchannel Light- cluding visibility, wind, and sea state. ed Buoy (LLNR 16055) This information may be entered in ei- (xvii) Cleveland East Ledge Light ther the voyage plan or towing vessel’s (LLNR 16085). log book. (xviii) Hog Island buoys 1 (LLNR (C) The channels of VHF radio to 16130) and 2 (LLNR 16135). monitor. (D) Other considerations such as (xix) Approach to the Bourne Bridge. availability of pilot, assist tug, berth, (xx) Approach to the Sagamore and line-handlers, depth of berth at Bridge. mean low water, danger areas, and se- (xxi) Approach to the eastern en- curity calls. trance of Cape Cod Canal. (4) Navigation restriction areas. Unless (3) Voyage planning. (i) Each owner or authorized by the cognizant COTP, no operator of a towing vessel employed tank barge may operate in— to tow a tank barge shall prepare a (i) The waters of Cape Cod Bay south written voyage plan for each transit of of latitude 42°5′ North and east of lon- the tank barge. gitude 70°25′ West; or (ii) The watch officer is authorized to (ii) The waters of Fishers Island make modifications to the plan and Sound east of longitude 72°2′ West, and validate it as necessary. west of longitude 71°55′ West. (iii) Except as provided in paragraph (5) Special Buzzards Bay regulations. (d)(3)(iv) of this section, each voyage (i) For the purposes of this section, plan must contain: ‘‘Buzzards Bay’’ is the body of water (A) A description of the type, volume, east and north of a line drawn from the and grade of cargo. southern tangent of Sakonnet Point, (B) Applicable information from nau- Rhode Island, in approximate position tical charts and publications, including latitude 41°–27.2′ North, longitude 70°– Coast Pilot, Coast Guard Light List, 11.7′ West, to the Buzzards Bay En- and Coast Guard Local Notice to Mari- trance Light in approximate position ners, for the destination(s). latitude 41°–23.5′ North, longitude 71°– ′ (C) Current and forecasted weather, 02.0 West, and then to the south- including visibility, wind, and sea state western tangent of Cuttyhunk Island, for the destination(s). Massachusetts, at approximate position 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 ble), bridges, and facilities, and port- Bay and carrying 5,000 or more barrels specific requirements for VHF radio. of oil or other hazardous material (I) The master’s standing orders de- must, in addition to its primary tug, be tailing closest points of approach, spe- accompanied by an escort tug of suffi- cial conditions, and critical maneu- cient capability to promptly push or vers. tow the tank barge away from danger (iv) Each owner or operator of a tank of grounding or collision in the event barge on an intra-port transit of not of— more than four hours may prepare a (A) A propulsion failure; voyage plan that contains: (B) A parted tow line;

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(C) A loss of tow; thorized under authority of section 311, (D) A fire; Pub. L. 105–383. (E) Grounding; [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as (F) A loss of steering; or amended by CGD01–98–151, 64 FR 12749, Mar. (G) Any other time a vessel may be 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, operating in a Hazardous Vessel Oper- 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; ating Condition as defined in § 161.2 of CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 this subchapter. FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR 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 arrangements. This requirement does this part, entry into this zone is pro- not relieve a vessel of any duty pre- hibited unless authorized by the Cap- scribed by the International Regula- tain of the Port, Portland, Maine. Sec- tions for Prevention of Collisions at tion 165.33 also contained other general Sea, 1972 (33 U.S.C. 1602(c)) or the In- requirements. land Navigation Rules (33 U.S.C. 2005). (2) No person may swim upon or (B) [Reserved] below the surface of the water within (e) In addition to the authority for the boundaries of this security zone. this part 165, this section is also au- [CGDI 89–008, 54 FR 13883, Apr. 6, 1989]

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§ 165.103 Safety and Security Zones; agencies of periods during which these LPG Vessel Transits in Portland, safety and security zones will be in ef- Maine, Captain of the Port Zone, fect by providing notice of arrivals and Portsmouth Harbor, Portsmouth, departures of LPG vessels via the tele- New Hampshire. phone and/or Marine Safety Informa- (a) Location. The following areas are tion Radio Broadcasts. safety and security zones: (1) Except as [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] provided in paragraph (a) (2) of this section, all navigable waters of the § 165.104 Safety Zone: Vessel Portland, Maine, Captain of the Port Launches, Bath Iron Works, Ken- zone, as defined in 33 CFR 3.05–15, one nebec River, Bath, Maine. mile ahead, one half mile astern, and (a) Location. The following is a safety 1000-yards on either side of any Lique- zone: all waters of the Kennebec River fied Petroleum Gas vessel. within a 150-yard radius of the Bath (2) All waters of the Piscataqua River Iron Works dry dock while it is being within a 500-yard radius of any Lique- moved to and from its moored position fied Petroleum Gas (LPG) vessel while at the Bath Iron Works Facility in it is moored at the LPG receiving facil- Bath, Maine to a deployed position in ity on the Piscataqua River, the Kennebec River, and while launch- Newington, New Hampshire. ing or recovering vessels. (b) Definitions. For purposes of this (b) Regulations. (1) In accordance with section, navigable waters of the United the general regulations in § 165.23 of States includes all waters of the terri- this part, entry into or movement torial sea as described in Presidential within this zone is prohibited unless Proclamation No. 5928 of December 27, authorized by the Captain of the Port, 1988. Presidential Proclamation No. Portland, Maine. 5928 of December 27, 1988 declared that (2) All vessel operators shall comply the territorial sea of the United States with the instructions of the COTP or extends to 12 nautical miles from the the designated on-scene U. S. Coast baseline of the United States. Guard patrol personnel. On-scene Coast (c) Regulations. (1) In accordance with Guard patrol personnel include com- the general regulations in §§ 165.23 and missioned, warrant and petty officers 165.33 of this part, entry into or move- of the Coast Guard on board Coast ment within these zones is prohibited Guard, Coast Guard Auxiliary, local, unless previously authorized by the state and federal law enforcement ves- Captain of the Port (COTP), Portland, sels. Maine. (c) Notifications. The Captain of the (2) All persons and vessels shall com- Port will notify the maritime commu- ply with the instructions of the COTP nity of periods during which this safety or the designated on-scene U.S. Coast zone will be in effect by providing ad- Guard patrol personnel. On-scene Coast vance notice via Marine Safety Infor- Guard patrol personnel include com- mation Radio Broadcasts. missioned, warrant, and petty officers [CGD01–01–155, 67 FR 49582, July 31, 2002] of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and § 165.105 Security Zones; Passenger local, state, and federal law enforce- Vessels, Portland, Maine, Captain of ment vessels. Emergency response ves- the Port Zone. sels are authorized to move within the (a) Definition. ‘‘Passenger vessel’’ as zone, but must abide by restrictions used in this section means a passenger imposed by the Captain of the Port. vessel over 100 gross tons authorized to (3) No person may swim upon or carry more than 500 passengers for hire below the surface of the water within making voyages, any part of which is the boundaries of the safety and secu- on the high seas, and for which pas- rity zones unless previously authorized sengers are embarked, disembarked or by the Captain of the Port, Portland, pay a port call, in the Portland, Maine, Maine or his authorized patrol rep- Captain of the Port zone as delineated resentative. in 33 CFR 3.05–15. (d) The Captain of the Port will no- (b) Location. The following areas are tify the maritime community and local security zones:

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(1) All navigable waters within the W. All coordinates reference 1983 North Portland, Maine, Captain of the Port American Datum (NAD 83). Zone, extending from the surface to the (b) Regulations. (1) In accordance with sea floor, within a 100-yard radius of the general regulations in § 165.33 of any passenger vessel that is anchored, this part, entry into or movement moored, or in the process of mooring. within this zone is prohibited unless (2) All navigable waters, within the authorized by the Captain of the Port, Portland, Maine, Captain of the Port Portland, Maine (COTP). Zone, extending from the surface to the (2) All persons and vessels shall com- sea floor, extending 200 yards ahead, ply with the instructions of the Coast and 100 yards aside and astern of any Guard Captain of the Port, Portland, passenger vessel that is underway. Maine or designated on-scene U.S. (c) Regulations. (1) In accordance with Coast Guard patrol personnel. On-scene the general regulations in § 165.33 of Coast Guard patrol personnel include this part, entry into or movement commissioned, warrant, and petty offi- within these zones is prohibited unless cers of the Coast Guard on board Coast previously authorized by the Coast Guard, Coast Guard Auxiliary, local, Guard Captain of the Port, Portland, state and federal law enforcement ves- Maine (COTP) or his designated rep- sels. resentative. (3) No person may swim upon or (2) All persons and vessels must com- below the surface of the water within ply with the instructions of the COTP the boundaries of this security zone. or the designated on-scene Coast Guard [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] patrol personnel. On-scene Coast Guard patrol personnel include commissioned, § 165.110 Safety and Security Zone; warrant and petty officers of the Coast Liquefied Natural Gas Carrier Guard on board Coast Guard, Coast Transits and Anchorage Operations, Guard Auxiliary, and local, state and Boston, Massachusetts. federal law enforcement vessels. Emer- (a) Definitions. As used in this sec- gency response vessels are authorized tion— 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. private agency to assist in the enforce- (b) Location. The following areas are ment of the regulation. safety and security zones: (1) Vessels underway. All navigable [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] waters of the United States within the Captain of the Port (COTP) Boston § 165.106 Security Zone: Seabrook Nu- zone, as defined in 33 CFR 3.05–10, two clear Power Plant, Seabrook, New miles ahead and one mile astern, and Hampshire. 500 yards on each side of any liquefied (a) Location. The following area is a natural gas carrier (LNGC) vessel while security zone: All land and waters underway. within 250 yards of the waterside prop- (2) Vessels anchored in the Broad erty boundary of Seabrook Nuclear Sound. All waters within a 500-yard ra- Power Plant identified as follows: be- dius of any anchored LNGC vessel lo- ginning at position 42°53′58″ N, 070°51′06″ cated in the waters of Broad Sound W then running along the property bounded by a line starting at position boundaries of Seabrook Nuclear Power 42 deg. 25′ N, 070 deg. 58′ W; then run- Plant to position 42°53′46″ N, 070°51′06″ ning southeast to position 42 deg. 22′ N,

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070 deg. 56′ W; then running east to po- way in Boston Harbor from the time sition 42 deg. 22′ N, 070 deg. 50′ W; then such vessels depart their respective running north to position 42 deg. 25′ N, berths until the time they complete 070 deg. 50′ W; then running west back their transit and are safely moored. to the starting point (NAD 83). (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 paragraph (b) of this section unless pre- [CGD1 91–109, 57 FR 30407, July 9, 1992] 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 vessels, as defined in 33 CFR 148.5, oper- (a) Location. The following area is a ating in the vicinity of NEGDWP are safety zone: authorized to enter and move within Around the USS CASSIN YOUNG such zones in the normal course of (DD–793) and any accompanying parade their operations following the require- vessels when the USS CASSIN YOUNG ments set forth in 33 CFR 150.340 and is underway. The zone extends 100 150.345, respectively. yards in all directions in the waters (3) All vessels operating within the around the USS CASSIN YOUNG and safety and security zones described in accompanying parade vessels whenever paragraph (b) of this section must com- the USS CASSIN YOUNG is underway ply with the instructions of the COTP in Boston Harbor from the time the or his/her authorized representative. USS CASSIN YOUNG departs its berth until it is safely moored. [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as (b) Regulations. The general regula- amended by USCG–2007–0087, 73 FR 34194, tions governing safety zones as con- June 17, 2008] tained in 33 CFR 165.23 apply. § 165.111 Safety Zone: Boston Harbor, [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] Boston, Massachusetts. (a) The following areas are estab- § 165.113 Security Zone: Dignitary ar- lished as safety zones during the condi- rival/departure Logan International tions specified: Airport, Boston, MA (1) Around the U.S.S. Constitution or (a) Location. The permanent security any accompanying parade vessels when zone consists of four sectors that may Constitution is under way—300 yards in be activated in part, or in whole, upon all directions in the waters around the the request of the U.S. Secret Service. U.S.S. Constitution and each parade ves- These zones are for the protection of sel accompanying Constitution when- the President or Vice President of the ever the U.S.S. Constitution is under- United States, as well as visiting heads

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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 between 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 from a point directly above the Ted the following: Any vessels deemed to be Williams Tunnel. in need of escort protection by the Cap- (4) Sector four will go into effect 15 tain of the Port, Boston for security minutes before the President, Vice reasons. President, or visiting heads of foreign (c) Regulations. (1) In accordance with states or foreign governments board the general regulations in §§ 165.23 and the designated transport vessel. Sector 165.33 of this part, entry into or move- four will preclude all vessels from ap- ment within this zone is prohibited un- proaching within three hundred yards less authorized by the Captain of the in all directions from the designated Port Boston. vessel transporting the President, Vice (2) All vessel operators shall comply President, or visiting heads of foreign with the instructions of the COTP or states or foreign governments between the designated on-scene U.S. Coast Logan International Airport and any Guard patrol personnel. On-scene Coast location in Boston Harbor. Guard patrol personnel include com- (5) The activation of a particular sec- missioned, warrant, and petty officers tor of this security zone will be an- of the Coast Guard on board Coast nounced via Safety Marine Information Guard, Coast Guard Auxiliary, local,

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state, and federal law enforcement ves- (3) Salem Harbor. All waters of Salem sels. Harbor within a two-hundred and fifty (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. ° ′ 11, 2002] Wharf, Salem, MA, located at 42 31.33 N, 070°52.67′ W when a vessel is moored § 165.115 Safety and Security Zones; at this pier. All coordinates are North Pilgrim Nuclear Power Plant, Plym- American Datum 1983. outh, Massachusetts. (b) Regulations. (1) In accordance with (a) Location. All waters of Cape Cod the general regulations in § 165.23 and Bay and land adjacent to those waters § 165.33 of this part, entry into or move- enclosed by a line beginning at position ment within these zones is prohibited 41°56′59.3″ N, 070°34′58.5″ W; thence to unless authorized by the Captain of the 1°57′12.2″ N, 070°34′41.9″ W; thence to Port Boston. 41°56′42.3″ N, 070°34′00.1″ W; thence to (2) All vessel operators shall comply 41°56′29.5″ N, 070°34′14.5″ W. with the instructions of the Captain of (b) Regulations. (1) In accordance with the Port or the designated on-scene the general regulations in §§ 165.23 and U.S. Coast Guard patrol personnel. On- 165.33 of this part, entry into or move- scene Coast Guard patrol personnel in- ment within these zones is prohibited clude commissioned, warrant, and unless authorized by the Captain of the petty officers of the Coast Guard on Port Boston. board Coast Guard, Coast Guard Auxil- 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, (3) No person may enter the waters or June 10, 2009] 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 are designated as regulated navigation § 165.116 Safety and Security Zones; areas. Salem and Boston Harbors, Massa- (2) Safety and security zones. All chusetts. waters within a 500-meter radius of the (a) Location. The following areas are geographic positions set forth in para- permanent safety and security zones: graph (a)(3) of this section are des- (1) Reserved Channel, Boston Harbor. ignated as safety and security zones. All waters of Boston Harbor within one (3) Coordinates. (i) The geographic co- hundred fifty (150) yards off the bow ordinates forming the loci for the regu- and stern and one hundred (100) yards lated navigation areas, safety and secu- abeam of any vessel moored at the rity zones for the Northeast Gateway Massachusetts Port Authority Black Deepwater Port are: 42°23′38″ N, Falcon Terminal; 070°35′31″ W; and 42°23′56″ N, 070°37′00″ W (2) Boston Inner Harbor. All waters of (NAD 83). Boston Harbor within one hundred (100) (ii) [Reserved] feet of the Coast Guard Integrated Sup- (b) Definitions. As used in this sec- port Command (ISC) Boston piers and; tion—

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Authorized representative means a (4) All vessels operating within the Coast Guard commissioned, warrant, or safety and security zones described in petty officer or a Federal, State, or paragraph (a)(2) of this section must local law enforcement officer des- comply with the instructions of the ignated by or assisting the Captain of COTP or his/her authorized representa- the Port (COTP) Boston. tive. Deepwater port means any facility or [USCG–2007–0087, 73 FR 34194, June 17, 2008, as structure meeting the definition of amended by USCG–2009–0589, 75 FR 51377, deepwater port in 33 CFR 148.5. Aug. 20, 2010] Dredge means fishing gear consisting of a mouth frame attached to a holding EDITORIAL NOTE: By USCG–2009–0589, 75 FR 51377, Aug. 20, 2010, § 165.117 was amended by bag constructed of metal rings or revising paragraph (a)(3); however, the mesh. amendment could not be incorporated due to Support vessel means any vessel meet- inaccurate amendatory instruction. ing the definition of support vessel in 33 CFR 148.5. § 165.118 Safety Zones; recurring an- Trap means a portable, enclosed de- nual events held in Coast Guard vice with one or more gates or en- Sector Boston Captain of the Port trances and one or more lines attached Zone. to surface floats used for fishing. Also The Coast Guard is establishing safe- called a pot. ty zones for the events listed in Table (c) Applicability. This section applies 1 of this section. These regulations in to all vessels operating in the regu- this section will be enforced for the du- lated navigation areas set forth in ration of each event, on or about the paragraph (a) of this section, except— dates indicated in Table 1 of this sec- (1) Those vessels conducting cargo tion. Annual notice of the exact dates transfer operations with the deepwater and times of the effective period of the ports whose coordinates are provided in regulations in this section with respect paragraph (a)(3) of this section, to each event, the geographical de- (2) Support vessels operating in con- scription of each regulated area, and junction therewith, and details concerning the nature of the (3) Coast Guard vessels or other law event and the number of participants enforcement vessels operated by or and type(s) of vessels involved will be under the direction of an authorized made to the local maritime community representative of the COTP Boston. through the Local Notice to Mariners (d) Regulations. (1) No vessel may an- and/or Broadcast Notice to Mariners chor, engage in diving operations, or well in advance of the events. If the commercial fishing using nets, dredges, event does not have a date listed, then traps (pots), or use of remotely oper- the exact dates and times of the en- ated vehicles (ROVs) in the regulated forcement will be announced through a navigation areas set forth in paragraph Notice of Enforcement in the FEDERAL (a)(1) of this section. REGISTER. Mariners should consult the (2) In accordance with the general FEDERAL REGISTER or their LNM to re- regulations in §§ 165.23 and 165.33 of this main apprised of minor schedule or part, entry into or movement within event changes. First Coast Guard Dis- the safety and security zones des- trict LNM can be found at: http:// ignated in paragraph (a)(2) of this sec- www.navcen.uscg.gov/. The Sector Bos- tion is prohibited unless authorized by ton Marine Events schedule can also be the COTP Boston, or his/her authorized viewed electronically at: http:// representative. www.homeport.uscg.mil. Although listed (3) Notwithstanding paragraph (d)(2) in the Code of Federal Regulations, of this section, tankers and support sponsors of events listed in Table 1 of vessels, as defined in 33 CFR 148.5, oper- this section are still required to submit ating in the vicinity of NEGDWP are a marine event permit application each authorized to enter and move within year in accordance with 33 CFR 100.15. such zones in the normal course of (a) The Coast Guard may patrol each their operations following the require- event area under the direction of a des- ments set forth in 33 CFR 150.340 and ignated Coast Guard Patrol Com- 150.345, respectively. mander. The Patrol Commander may

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be contacted on Channel 16 VHF–FM shall come to an immediate stop and (156.8 MHz) by the call sign comply with the lawful directions ‘‘PATCOM.’’ Official patrol vessels issued. Failure to comply with a lawful may consist of any Coast Guard, Coast direction may result in expulsion from Guard Auxiliary, state, or local law en- the area, citation for failure to comply, forcement vessels assigned or approved or both. by the Captain of the Port, Sector Bos- (e) The Patrol Commander may delay ton. or terminate any marine event in this (b) Vessels may not transit the regu- subpart at any time it is deemed nec- lated areas without Patrol Commander essary to ensure the safety of life or approval. Vessels permitted to transit property. Such action may be justified must operate at a no wake speed, in a as a result of weather, traffic density, manner which will not endanger par- spectator operation or participant be- ticipants or other crafts in the event. (c) Spectators or other vessels shall havior. not anchor, block, loiter, or impede the (f) For all fireworks displays listed movement of event participants or offi- below, the regulated area is that area cial patrol vessels in the regulated of navigable waters within a 350-yard areas during the effective dates and radius of the launch platform or launch times, or dates and times as modified site for each fireworks display, unless through the LNM, unless authorized by modified in the LNM at: http:// an official patrol vessel. www.navcen.uscg.gov/. (d) The Patrol Commander may con- (g) For all swimming events listed, trol the movement of all vessels in the vessels not associated with the event regulated area. When hailed or signaled shall maintain a distance of at least 100 by an official patrol vessel, a vessel 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 weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10:00 pm to 10:30 pm. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 70°48.4′ W (NAD 83).

6.2 St. Peter’s Fiesta Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Peters Fiesta. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:00 pm. • 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.

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TABLE 1—Continued • Date: Every Saturday from June through September, as specified in the USCG Dis- trict 1 Local Notice to Mariners. • Time: 9:30 pm to 10:30 pm. • 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 am to 10:00 am. • 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.

7.0 JULY

7.1 City of Lynn 4th of July Celebration Fire- • Event Type: Firework Display. works. • Sponsor: City of Lynn. • Date: July 3rd, as specified in the USCG District 1 Local Notice to Mariners. • Time: 6:00 pm to 11:00 pm. • 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 Notice to Mariners. • Time: 10:30 pm to 11:00 pm. • 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 Notice to Mariners. • Time: 8:30 pm to 10:00 pm. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site barge located at position 42°35.03′ N, 070°45.52′ W (NAD 83).

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TABLE 1—Continued 7.4 Weymouth 4th of July Celebration Fire- • Event Type: Fireworks Display. works. • 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 pm to 10:30 pm. • 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 Notice to Mariners. • Time: 9:00 pm to 11:00 pm. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks launch barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83).

7.6 Beverly Farms 4th of July Celebration • Event Type: Fireworks Display. Fireworks. • Sponsor: Farms-Pride 4th of July Com- mittee. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 9:30 pm. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site near West Beach located at position 42°33.84′ N, 070°48.5′ W (NAD 83).

7.7 Boston Pops Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boston 4 Celebrations. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 pm to 11:00 pm. • Location: All waters of the Charles River within a 350-yard radius of the fireworks barges located in the vicinity of position 42°21.47′ N, 071°05.03′ W (NAD 83).

7.8 City of Salem Fireworks ...... • Event Type: Fireworks Display. • Sponsor: City of Salem. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 10:00 pm. • Location: All waters of Salem Harbor, within a 350-yard radius of the fireworks launch site located on Derby Wharf at position 42°31.15′ N, 070°53.13′ W (NAD 83).

7.9 Marblehead 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Marblehead. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners.

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TABLE 1—Continued • Time: 8:30 pm to 9:30 pm. • 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 Notice to Mariners. • Time: 9:00 pm to 10:00 pm. • 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 Notice to Mariners. • Time: 9:00 pm to 11:00 pm. • Location: All waters of Nahant Harbor within a 350-yard radius of the fireworks launch site on Bailey’s Hill Park located at position 42°25.1′ N, 070°55.8′ W (NAD 83).

7.12 Town of Revere Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Revere. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 11:00 pm. • Location: All waters of Broad Sound, within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83).

7.13 Yankee Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Yankee Homecoming. • Date: A one-day event on Saturday during the last weekend of July or first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 10:00 pm. • 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 Notice to Mariners. • Time: 8:00 pm to 10:00 pm. • 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).

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TABLE 1—Continued 7.15 Ipswich Independence Day Celebration • Event Type: Fireworks Display. Fireworks. • Sponsor: Trustees of the Foundation. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 10:00 pm. • 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 pm to 10:30 pm. • 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 Notice to Mariners. • Time: 9:30 pm to 11:00 pm. • 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 am to 9:00 am. • Location: All waters of Charles River between the Longfellow Bridge and the Har- vard 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 am to 3:00 pm. • Location: All waters of Boston Harbor between Rowes Warf and Little Brewster Is- land 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.

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TABLE 1—Continued 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 pm to 5:00 pm. • 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 am to 9:30 am. • Location: All waters of Massachusetts Bay near Nantasket Beach within the following points (NAD 83): 42°16.7′ N, 070°51.9′ W. 42°16.9′ N, 070°51.3′ W. 42°16.3′ N, 070°50.5′ W. 42°16.1′ N, 070°51.0′ W.

8.0 August

8.1 Beverly Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: A one-day event on Sunday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mari- ners. • Time: 9:00 pm to 11:00 pm. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83).

8.2 Celebrate Revere Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Revere. • Date: A one-day event on Saturday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mari- ners. • Time: 9:00 pm to 11:00 pm. • Location: All waters within a 350-yard radius of the fireworks launch site located at Re- vere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83).

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TABLE 1—Continued 8.3 Gloucester Fisherman Triathlon ...... • Event Type: Swim. • Sponsor: Gloucester Fisherman Athletic As- sociation. • Date: A one-day event on Sunday during the Second week of August, as specified in the USCG District 1 Local Notice to Mari- ners. • Time: 7:30 am to 8:30 am. • 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 Mari- ners. • Time: 7:00 am to 10:00 am. • 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 am to 12:00 pm. • 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 Mari- ners. • Time: 8:00 am to 1:00 pm. • 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.

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TABLE 1—Continued 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 am to 12:00 pm. • Location: All waters of Old Harbor from near Columbia Point to Carson Beach within the following points (NAD 83): 42°19.1′ N, 071°02.2′ W. 42°19.2′ N, 071°01.9′ W. 42°19.7′ N, 071°02.8′ W. 42°19.4′ N, 071°02.9′ W.

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 Notice to Mari- ners. • Time: 7:00 pm to 11:00 pm. • 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 Fire- • Event Type: Fireworks Display. works. • 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 Notice to Mari- ners. • Time: 9:00 pm to 11:00 pm. • 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 Notice to Mari- ners. • Time: 7:30 pm to 10:00 pm. • Location: All waters of the Mystic River within a 350-yard radius of the fireworks barge located at position 42°23.9′ N, 071°04.8′ W (NAD 83).

9.4 Mayflower Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management.

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TABLE 1—Continued • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mari- ners. • Time: 10:00 am to 11:00 am. • Location: All waters of Plymouth Inner Har- bor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W.

9.5 Plymouth Rock Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Sunday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mari- ners. • Time: 7:00 am to 9:30 am. • Location: All waters of Plymouth Inner Har- bor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W.

9.6 Duxbury Beach Triathlon ...... • Event Type: Swim. • Sponsor: Duxbury Beach Triathlon. • Date: A one-day event on Saturday during the third weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 08:30 am to 09:30 am. • 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.

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 Mari- ners. • Time: 8:30 pm to 10:30 pm. • 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

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TABLE 1—Continued 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 pm to 12:30 am. • 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] (4) Restrictions when the Chelsea River channel is obstructed by vessel(s) § 165.120 Safety Zone: Chelsea River, moored at the Northeast Petroleum Boston Inner Harbor, Boston, MA. Terminal located downstream of the (a) Location. The following area is a Chelsea Street Bridge on the Chelsea, safety zone: The waters of the Chelsea MA side of the Chelsea River—here- River, Boston Inner Harbor, for 100 after referred to as the Jenny Dock yards upstream and downstream of the (approximate position latitude center of the Chelsea Street Draw span 42°23′05.2″ N., longitude 71°01′35.8″ W.)— (in the approximate position of lati- or the Mobile Oil Terminal located on tude 42°23′10.3″ N., longitude 71°01′21.2″ the East Boston Side of the Chelsea W.). [NAD83]. River downstream of the Chelsea (b) Regulation. The following stand- Street Bridge (approximate position ards are the minimum requirements for latitude 42°23′04.9″ N., longitude transit of the Safety Zone. Additional 71°01′28.52″ W.): [NAD83]. precautions may be taken by the pilot (i) When there is a vessel moored at and/or person in charge (Master or Op- each terminal, no vessel greater than erator). 300.5 feet in length or greater than 60.5 (1) All tankships greater than 1,000 feet in beam, shall transit the safety Gross Tons shall be under the direction zone. and control of an individual holding a (ii) When a vessel with a beam great- valid merchant mariner’s license or er than 60.5 feet is moored at either merchant mariner credential endorsed terminal, no vessel greater than 630.5 as pilot. This does not relieve persons feet in length or greater than 85.5 feet in charge (Masters or Operators) from in beam shall transit the Safety Zone. their ultimate responsibility for the (iii) When a vessel with a beam great- safe navigation of vessels. er than 85.5 feet is moored at either (2) All vessel(s) speed shall be kept to terminal, no vessel greater than 550.5 a minimum considering all factors and feet in length or greater than 85.5 feet the need for optimum vessel control. in beam shall transit the Safety Zone. (3) Restrictions on size and draft of (5) Requirements for tug assistance: vessels: (i) All tankships greater than 630.5 (i) No vessel greater than 661 feet in feet in length or greater than 85.5 feet length (using length overall) or greater in beam shall be assisted by at least than 90.5 feet in beam (using extreme four tugs of adequate horsepower. breadth) shall transit the Safety Zone. (ii) All tankships from 450 feet in (ii) No vessel greater than 630.5 feet length up to and including 630.5 feet in in length or 85.5 feet or greater in beam length and less than 85.5 feet in beam shall transit the Safety Zone during shall be assisted by at least three tugs the period between sunset and sunrise. of adequate horsepower. (iii) No tankship greater than 550.5 (iii) All tug/barge combinations with feet in length shall transit the Safety a tonnage of over 10,000 Gross Tons (for Zone, either inbound or outbound, with the barge(s), in all conditions of draft, a draft less than 18.0 feet forward and shall be assisted by at least one tug of 24.0 feet aft. adequate horsepower.

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(6) U.S. Certificated integrated tug/ and the designated on-scene U.S. Coast barge (ITB) combinations shall meet Guard personnel. On-scene Coast Guard the requirements of a tankship of simi- patrol personnel include commissioned, lar length and beam except that one warrant, and petty officers of the Coast less assist tug would be required. Guard on board Coast Guard, Coast (7) Variances from the above stand- Guard Auxiliary, local, state, and fed- ard must be approved in advance by the eral law enforcement vessels. Captain of the Port of Boston, MA. [CGD01–02–065, 67 FR 56224, Sept. 3, 2002] [CCGD1–85–4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as amended by USCG– § 165.122 Regulated Navigation Area: 1998–3799, 63 FR 35532, June 30, 1998; USCG– Navigable waters within Narragan- 2006–24371, 74 FR 11213, Mar. 16, 2009; USCG– sett Bay and the Providence River, 2009–0416, 74 FR 27441, June 10, 2009] Rhode Island. (a) Description of the regulated naviga- § 165.121 Safety and Security Zones: tion area (RNA). The Regulated Naviga- High Interest Vessels, Narragansett tion Area (RNA) encompasses all of the Bay, Rhode Island. navigable waters of Narragansett Bay (a) Location. (1) All waters of Rhode north of the COLREGS demarcation Island Sound within a 1⁄2 mile radius of line and west of the Mt. Hope Bridge, any high interest vessel while the ves- and all of the navigable waters of the sel is anchored within 1⁄2 mile of the Providence River from Conimicut point Latitude 41°25′ N, Longitude 71°23′ Point to the Providence hurricane bar- W in the Narragansett Bay Pre- rier. cautionary Area. (b) Regulations. (1) All commercial (2) All waters of Rhode Island Sound, vessels must: Narragansett Bay, the Providence and (i) Maintain a minimum 10% of the Taunton Rivers 2 miles ahead and 1 vessel’s draft as an under-keel clear- mile astern, and extending 1000 yards ance when not assisted by tugs, or on either side of any high interest ves- when not moored at an assigned berth. sel transiting Narragansett Bay, or the Under-keel clearance is the minimum Providence and Taunton Rivers. clearance available between the deep- (3) All waters and land within a 1000- est point on the vessel and the bottom yard radius of any high interest vessel of the waterway, in calm water. moored at a waterfront facility in the (ii) Have at least one mile of visi- Providence Captain of the Port zone. bility to transit the Providence River (b) High interest vessels defined. For between 41°43′01.4″ N; 071°20′41.7″ W purposes of this section, high interest (Conimicut Light (LLNR 18305)) and vessels operating in the Providence 41°47′38.8″ N; 071°22′46.7″ W (Channel Captain of the Port zone include the Light 42 (LLNR 18580)). following: barges or ships carrying liq- (2) Vessels over 65 feet in length in- uefied petroleum gas (LPG), liquefied bound for berths in the Providence natural gas (LNG), chlorine, anhydrous River are required to make Safety Sig- ammonia, or any other cargo deemed nal (SECURITE) calls on both VHF to be high interest by the Captain of channels 13 and 16 at the following geo- the Port, Providence. graphic locations: (c) Regulations. (1) Entry into or (i) Pilot Boarding Area; movement within these zones, includ- (ii) Abeam of Castle Hill; ing below the surface of the water, dur- (iii) Abeam of Sandy Point; ing times in which high interest vessels (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ are present and the zones are enforced W (Conimicut Point Light (LLNR is prohibited unless authorized by the 18305)); COTP Providence or authorized rep- (v) Abeam of Sabin Point; and resentative. (vi) Upon mooring. (2) The general regulations covering (3) Vessels over 65 feet in length in- safety and security zones in §§ 165.23 bound for berths in Mount Hope Bay or and 165.33, respectively, of this part in the Taunton River are required to apply. make SECURITE calls on both VHF (3) All persons and vessels shall com- channels 13 and 16 at the following geo- ply with the instructions of the COTP, graphic locations:

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(i) Pilot Boarding Area; 3211. Persons found in violation of (ii) Abeam of Castle Hill; these regulations may be subject to (iii) Abeam of Sandy Point; and civil or criminal penalties as provided (iv) At position 41°39′32.4″ N;071°14′ for in 33 U.S.C. 1232. ″ 02.6 W (Mount Hope Bay Junction [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010] Lighted Gong Buoy ‘‘MH’’ (LLNR 18790)). § 165.123 Cruise Ships, Sector South- (4) Vessels over 65 feet in length out- eastern New England Captain of bound for sea down the Providence the Port (COTP) Zone. River Channel shall make SECURITE (a) Location. The following areas are calls on VHF channels 13 and 16 at the security zones: All navigable waters following geographic locations: within the Southeastern New England (i) One-half hour prior to departure Captain of the Port (COTP) Zone, ex- from the berth; tending from the surface to the sea (ii) At departure from the berth; floor: (iii) Abeam of Sabin Point; (1) Within a 200-yard radius of any (iv) Abeam of Gaspee Point; and cruise ship that is underway and is (v) Abeam of position 41°43′01.4″ N; under escort of U.S. Coast Guard law 071°20′41.7″ W (Conimicut Light (LLNR enforcement personnel or designated 18305)). representative, or (5) Vessels over 65 feet in length out- (2) Within a 100-yard radius of any bound for sea down from Mount Hope cruise ship that is anchored, at any Bay through Narragansett Bay are re- berth or moored. quired to make SECURITE calls on (b) Definitions. For the purposes of VHF channels 13 and 16 at the fol- this section— lowing geographic locations: Cruise ship means a passenger vessel (i) One-half hour prior to departure as defined in 46 U.S.C. 2101(22), that is from the berth; authorized to carry more than 400 pas- (ii) At departure from the berth; and sengers and is 200 or more feet in (iii) At position 41°39′32.4″ N;071°14′ length. A cruise ship under this section 02.6″ W (Mount Hope Bay Junction will also include ferries as defined in 46 Lighted Gong Buoy ‘‘MH’’ (LLNR CFR 2.10–25 that are authorized to 18790)). carry more than 400 passengers and are (6) Vessels 65 feet and under in 200 feet or more in length. length, and all recreational vessels, Designated representative means any when meeting deep draft commercial Coast Guard commissioned, warrant, or vessel traffic in all locations within petty officer who has been designated this RNA shall keep out of the way of by the COTP to act on the COTP’s be- the oncoming deep draft commercial half. The designated representative vessel. Nothing in this regulation, how- may be on a Coast Guard vessel, or on- ever, relieves a vessel of any duty pre- board Federal, state, or a local agency scribed in the Inland Navigation Rules vessel that is authorized to act in sup- (set forth in 33 U.S.C. 2005 et seq.) port of the Coast Guard. (7) The Captain of the Port (COTP) Southeastern New England COTP Zone Southeastern New England may au- is as defined in 33 CFR 3.05–20. thorize a deviation from these regula- (c) Enforcement. The security zones tions. Parties wishing to request a de- described in this section will be acti- viation must do so in advance by con- vated and enforced upon entry of any tacting the COTP Southeastern New cruise ship into the navigable waters of England, at 508–457–3211, or via VHF the United States (see 33 CFR 2.36(a) to Channel 13 (156.7 MHz), or VHF channel include the 12 NM territorial sea) in 16 (156.8 MHz). Any person or vessel re- the Southeastern New England COTP ceiving permission from the COTP to zone. This zone will remain activated deviate from these regulations must at all times while a cruise ship is with- comply with any specific instructions in the navigable waters of the United provided by the COTP. States in the Sector Southeastern New (c) Enforcement. Violations of this England COTP Zone. In addition, the RNA should be reported to the COTP Coast Guard may broadcast the area Southeastern New England at 508–457– designated as a security zone for the

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duration of the enforcement period via (2) The prohibition described in para- Broadcast Notice to Mariners. graph (b)(1) of this section shall not (d) Regulations. (1) In accordance with apply to vessels or persons engaged in the general regulations in 33 CFR part activities associated with remediation 165, subpart D, no person or vessel may efforts in the New Bedford Harbor enter or move within the security Superfund Site, provided that the zones created by this section unless Coast Guard Captain of the Port granted permission to do so by the (COTP) Southeastern New England, is COTP Southeastern New England or given advance notice of those activities the designated representative. by the U.S. Environmental Protection (2) All persons and vessels granted Agency (EPA). permission to enter a security zone (c) Waivers. The Captain of the Port must comply with the instructions of (COTP) Southeastern New England the COTP or the designated representa- may, in consultation with the U.S. tive. Emergency response vessels are EPA, authorize a waiver from this sec- authorized to move within the zone, tion if he or she determines that the but must abide by the restrictions im- proposed activity can be performed posed by the COTP or the designated without undue risk to environmental representative. remediation efforts. Requests for waivers should be submitted in writing to (3) No person may swim upon or Commander, U.S. Coast Guard Sector below the surface of the water within Southeastern New England, 1 Little the boundaries of these security zones Harbor Road, Woods Hole, MA, 02543, unless previously authorized by the with a copy to the U.S. Environmental COTP or his designated representative. Protection Agency, Region 1, New Bed- (4) Upon being hailed by a U.S. Coast ford Harbor Remedial Project Manager, Guard vessel or the designated rep- 5 Post Office Square, Suite 100 resentative, by siren, radio, flashing (OSRR07), Boston, MA 02109, to facili- light or other means, the operator of tate review by the EPA and U.S. Coast the vessel shall proceed as directed. Guard. (5) Vessel operators desiring to enter or operate within the security zone [USCG–2010–1119, 76 FR 35744, June 20, 2011] shall contact the COTP or the des- § 165.130 Sandy Hook Bay, New Jer- ignated representative via VHF chan- sey—security zone. nel 16 or 508–457–3211 (Sector South- eastern New England command center) (a) Naval Ammunition Depot Piers. The to obtain permission to do so. navigable waters within the following boundaries are a security zone: A line [USCG–2010–0803, 76 FR 41075, July 13, 2011] beginning on the shore at 40°25′55.6″ N, 074°04′31.4″ W; thence to 40°26′54.0″ N, § 165.125 Regulated Navigation Area; 074°03′53.0″ W; thence to 40°26′58.0″ N, EPA Superfund Site, New Bedford 074°04′03.0″ W; thence to 40°27′56.0″ N, Harbor, Massachusetts. 074°03′24.0″ W; thence to 40°27′28.5″ N, (a) Location. The regulated naviga- 074°02′10.4″ W; thence to 40°26′29.5″ N, tion area encompasses all waters 074°02′51.2″ W; thence to 40°26′31.4″ N, bounded by a line beginning at 074°02′55.4″ W; thence to 40°25′27.1″ N, 41°37′22.5″ N, 070°54′34.1″ W; thence to 074°03′39.7″ W; thence northwest along 41°37′14.4″ N, 070°54′19.6″ W; thence to the shoreline to the beginning point. 41°36′58.5″ N, 070°54′08.1″ W; thence to (b) Terminal Channel. The waters 41°36′45.0″ N, 070°54′26.9″ W; thence along within the following boundaries are a the shoreline and south side of the hur- security zone—A line beginning at ricane barrier to the beginning point. 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ (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):

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(1) No vessel shall anchor, stop, re- § 165.150 New Haven Harbor, main or drift without power at any- Quinnipiac River, Mill River. time in the security zone. (a) The following is a regulated naviga- (2) No vessel shall enter, cross, or tion area: The waters surrounding the otherwise navigate in the security zone Tomlinson Bridge located within a line when a public vessel, or any other ves- extending from a point A at the south- sel, that cannot safely navigate outside east corner of the Wyatt terminal dock the Terminal Channel, is approaching at 41°17′50″ N, 72°54′36″ W thence along a or leaving the Naval Ammunition line 126°T to point B at the southwest Depot Piers at Leonardo, New Jersey. corner of the Gulf facility at 41°17′42″ (3) Vessels may enter or cross the se- N, 72°54′21″ W thence north along the curity zone, except as provided in para- shoreline to point C at the northwest graph (c)(2) of this section. corner of the Texaco terminal dock (4) No person may swim in the secu- 41°17′57″ N, 72°54′06″ W thence along a rity zone. line 303°T to point D at the west bank [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- of the mouth of the Mill River 41°18′05″ designated by CGD 81–017, 46 FR 28154, May N, 72°54′23″ W thence south along the 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, shoreline to point A. 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, (b) Regulations. (1) No person may op- 2009] erate a vessel or tow a barge in this § 165.141 Safety Zone: Sunken vessel Regulated Navigation Area in violation EMPIRE KNIGHT, Boon Island, ME. of these regulations. (2) Applicability. The regulations (a) Location. The following area is a safety zone: All waters of the Atlantic apply to barges with a freeboard great- Ocean within a 1,000 yard radius of the er than ten feet and to any vessel tow- stern section of the sunken vessel EM- ing or pushing these barges on out- PIRE KNIGHT, in approximate posi- bound transits of the Tomlinson tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) Bridge. and extending from the water’s surface (3) Regulated barges may not transit to the seabed floor. the bridge— (i) During the period from one hour (b) Effective date. This section is effective on August 23, 1996, twenty-four to five hours after high water slack, (ii) When the wind speed at the hours a day, seven days a week. bridge is greater than twenty knots, (c) Regulations. (1) The general regulations contained in 33 CFR 165.23 and (iii) With the barge being towed on a apply. (2) All vessels and persons are prohib- hawser, stern first. (4) Regulated barges with a beam ited from anchoring, diving, dredging, greater than fifty feet must be pushed dumping, fishing, trawling, laying ahead through the bridge. cable, or conducting salvage operations (5) If the tug operator does not have in this zone except as authorized by the a clear view over the barge when push- Coast Guard Captain of the Port, Port- ing ahead, the operator shall post a land, Maine. Innocent transit through lookout on the barge with a means of the area within the safety zone is not communication with the operator. affected by this regulation and does (6) Regulated barges departing the not require the authorization of the Mill River may transit the bridge only Captain of the Port. between sunrise and sunset. Barges (3) All persons and vessels shall com- must be pushed ahead of the tug, bow ply with the instructions of the COTP first, with a second tug standing by to or the designated on scene patrol per- assist at the bow. sonnel. U.S. Coast Guard patrol per- (7) Nothing in this section is intended sonnel include commissioned, warrant, to relieve any person from complying and petty officers of the Coast Guard. with: Upon being hailed by a U.S. Coast (i) Applicable Navigation and Pilot Guard vessel via siren, radio, flashing Rules for Inland Waters; light, or other means, the operator of a (ii) Any other laws or regulations; vessel shall proceed as directed. (iii) Any order or direction of the [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] Captain of the Port.

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(8) The Captain of the Port, New form vessel operators of this regula- Haven, may issue an authorization to tion. deviate from any rule in this section if (2) Official patrol vessels. Official pa- the COTP finds that an alternate oper- trol vessels may consist of any Coast ation can be done safely. Guard, Coast Guard Auxiliary, state, or [CGD 79–034, 47 FR 29660, July 8, 1982, as local law enforcement vessels assigned amended by CGD 80–069, 47 FR 53368, Nov. 26, or approved by the COTP. 1982. Redesignated by CGD 87–008b, 52 FR (3) Spectators. All persons and vessels 25218, July 6, 1987] not registered with the event sponsor as participants or official patrol ves- § 165.151 Safety Zones; Fireworks Dis- sels. plays, Air Shows and Swim Events in the Captain of the Port Long Is- (c) Vessel operators desiring to enter land Sound Zone. or operate within the regulated areas should contact the COTP at 203–468– (a) Regulations. (1) The general regu- 4401 (Sector LIS command center) or lations contained in 33 CFR 165.23 as the designated representative via VHF well as the following regulations apply channel 16 to obtain permission to do to the fireworks displays, air shows, so. and swim events listed in Tables 1 and 2 to § 165.151. (d) Spectators or other vessels shall (2) These regulations will be enforced not anchor, block, loiter, or impede the for the duration of each event. Notifi- transit of event participants or official cations will be made to the local mari- patrol vessels in the regulated areas time community through all appro- during the effective dates and times, or priate means such as Local Notice to dates and times as modified through Mariners or Broadcast Notice to Mari- the Local Notice to Mariners, unless ners well in advance of the events. If authorized by COTP or designated rep- the event does not have a date listed, resentative. then exact dates and times of the en- (e) Upon being hailed by a U.S. Coast forcement period will be announced Guard vessel or the designated rep- through a Notice of Enforcement in the resentative, by siren, radio, flashing FEDERAL REGISTER. Mariners should light or other means, the operator of consult the FEDERAL REGISTER or their the vessel shall proceed as directed. Local Notice to Mariners to remain ap- Failure to comply with a lawful direc- prised of schedule or event changes. tion may result in expulsion from the First Coast Guard District Local No- area, citation for failure to comply, or tice to Mariners can be found at http:// both. www.navcen.uscg.gov/. (f) The COTP or designated rep- (3) Although listed in the Code of resentative may delay or terminate Federal Regulations, sponsors of events any marine event in this subpart at listed in Tables 1 and 2 to § 165.151 are any time it is deemed necessary to en- still required to submit marine event sure the safety of life or property. applications in accordance with 33 CFR (g) The regulated area for all fire- 100.15. 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

5 May

5.1 Jones Beach Air Show ...... • Date: The Thursday through Sunday before Me- morial Day each May from 9:30 a.m. until 3:30 p.m. each day. • Location: Waters of Atlantic Ocean off of Jones Beach State Park, Wantagh, NY. In approximate positions 40°35′06″ N, 073°32′37″ W, then running east along the shoreline of Jones Beach State Park to approximate position 40°35′49″ N, 073°28′47″ W; then running south to a position in the Atlantic Ocean off of Jones Beach at approximate position 40°35′05″ N, 073°28′34″ W; then running West to approximate position 40°34′23″ N, 073°32′23″ W; then running North to the point of origin. (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, Bridge- port, CT in approximate position 41°9′04″ N, 073°12′49″ W (NAD 83). 6.2 Town of Branford Fireworks ...... • Location: Waters of Branford Harbor, Branford, CT in approximate position, 41°15′30″ N, 072°49′22″ W (NAD 83). 6.3 Vietnam Veterans/Town of East • Location: Waters off Cosey beach, East Haven, Haven Fireworks. CT in approximate position, 41°14′19″ N, 072°52′09.8″ W (NAD 83).

7 July

7.1 Point O’Woods Fire Company Sum- • Location: Waters of the Great South Bay, Point mer Fireworks. O’Woods, NY in approximate position 40°39′18.57″ N, 073°08′05.73″ 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 Celebra- • Location: Waters of Westbrook Harbor, tion Fireworks. Westbrook, CT in approximate position, 41°16′10.50″ N, 072°26′14″ W (NAD 83).

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TABLE 1 TO § 165.151—Continued 7.4 Norwalk Fireworks ...... • Location: Waters off Calf Pasture Beach, Nor- walk, CT in approximate position, 41°04′50″ N, 073°23′22″ W (NAD 83). 7.5 Lawrence Beach Club Fireworks ..... • Location: Waters of the Atlantic Ocean off Law- rence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83). 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′09″ W (NAD 83). 7.7 South Hampton Fresh Air Home • Location: Waters of Shinnecock Bay, South- Fireworks. ampton, NY in approximate positions, 40°51′48″ N, 072°26′30″ W (NAD 83). 7.8 Westport Police Athletic League • Location: Waters off Compo Beach, Westport, CT Fireworks. in approximate position, 41°06′15″ N, 073°20′57″ W (NAD 83). 7.9 City of Middletown Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Mid- dletown Harbor, Middletown, CT in approximate position 41°33′44.47″ N, 072°38′37.88″ W (NAD 83). 7.10 City of New Haven Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Long Wharf Park, New Haven, CT in approximate position 41°17′24″ N, 072°54′55.8″ W (NAD 83). 7.11 City of Norwich July Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.84″ N, 072°04′43.33″ 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 Brad- ley Point, West Haven, CT in approximate position 41°15′07″ N, 072°57′26″ W (NAD 83). 7.14 CDM Chamber of Commerce An- • Date: July 4. nual Music Fest Fireworks. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Cedar Beach Town Park, Mount Sinai, NY in approximate position 40°57′59.58″ N, 073°01′57.87″ W (NAD 83). 7.15 Davis Park Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m.

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TABLE 1 TO § 165.151—Continued • 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 approximate position 41°08′22″ N, 073°14′02″ W (NAD 83). 7.17 Fund in the Sun Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N, 073°04′13.88″ W. (NAD 83). 7.18 Hartford Riverfest Fireworks ...... • Date: July 4. • Rain Date: July 5. • Time 9:00 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River off Hartford, CT in approximate position 41°45′21″ N, 072°39′28″ W (NAD 83). 7.19 Independence Day Celebration • Date: July 4. Fireworks. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Umbrella Beach, Montauk, NY in approximate position 41°01′44″ N, 071°57′13″ W (NAD 83). 7.20 Jones Beach State Park Fireworks • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Jones Beach State Park, Wantagh, NY in approximate position 40°34′56.68″ N, 073°30′31.19″ W (NAD 83). 7.21 Madison Cultural Arts Fireworks .... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Long Island Sound off of Madison, CT in approximate position 41°16′10″ N, 072°36′30″ W (NAD 83). 7.22 Mason’s Island Yacht Club Fire- • Date: July 4. works. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). 7.23 Patchogue Chamber of Commerce • Date: July 4. Fireworks. • 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). 7.24 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, Hart- ford, CT in approximate positions 41°45′39.93″ N, 072°39′49.14″ W (NAD 83).

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TABLE 1 TO § 165.151—Continued 7.25 Village of Asharoken Fireworks ..... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Northport Bay, Asharoken, NY in approximate position 41°55′54.04″ N, 073°21′27.97″ W (NAD 83). 7.26 Village of Port Jefferson Fourth of • Date: July 4. July Celebration Fireworks. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Port Jefferson Harbor, Port Jefferson, NY in approximate position 40°57′10.11″ N, 073°04′28.01″ W (NAD 83). 7.27 Village of Quoque Foundering An- • Date: July 4. niversary Fireworks. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Quantuck Bay, Quoque, NY in approximate position 40°48′42.99″ N, 072°37′20.20″ W (NAD 83). 7.28 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). 7.29 Great South Bay Music Festival • Location: Waters of Great South Bay, off Bay Av- Fireworks. enue, Patchogue, NY in approximate position 40°44′45″ N, 073°00′25″ W (NAD 83). 7.30 Mashantucket Pequot Fireworks .... • Location: Waters of the Thames River, New Lon- don, CT in approximate positions Barge 1, 41°21′03.03″ N, 072°5′24.5″ W, Barge 2, 41°20′51.75″ N, 072°5′18.90″ W (NAD 83). 7.31 Shelter Island Fireworks ...... • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83). 7.32 Thames River Fireworks ...... • Location: Waters of the Thames River off the Electric Boat Company, Groton, CT in approximate position 41°20′38.75″ N, 072°05′12.22″ W (NAD 83). 7.33 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). 7.34 Town of North Hempstead Bar • Location: Waters of Hempstead Harbor, North Beach Fireworks. Hempstead, NY in approximate position 40°49′54″ N, 073°39′14″ W (NAD 83). 7.35 Groton Long Point Yacht Club Fire- • Location: Waters of Long Island Sound, Groton, works. CT in approximate position 41°18′05″ N, 072°02′08″ W (NAD 83).

8 August

8.1 Pyro-FX Entertainment Group Fire- • Location: Waters of the Connecticut River off works. Chester, CT in approximate position 41°24′40.76″ N, 072°25′32.65″ W (NAD 83). 8.2 Port Washington Sons of Italy Fire- • Location: Waters of Hempstead Harbor off Bar works. Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83). 8.3 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).

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TABLE 1 TO § 165.151—Continued 8.4 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). 8.5 Old Black Point Beach Association • Location: Waters off Old Black Point Beach, East Fireworks. Lyme, CT in approximate position 41°17′34.9″ N, 072°12′55″ W (NAD 83). 8.6 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).

9 September

9.1 East Hampton Fire Department Fire- • Location: Waters off Main Beach, East Hampton, works. NY in approximate position 40°56′40.28″ N, 072°11′21.26″ W (NAD 83). 9.2 Town of Islip Labor Day Fireworks .. • Location: Waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate position 40°42′24″ N, 073°14′24″ W (NAD 83). 9.3 Village of Island Park Labor Day • Location: Waters off Village of Island Park Fishing Celebration Fireworks. Pier, Village Beach, NY in approximate position 40°36′30.95″ N, 073°39′22.23″ W (NAD 83).

TABLE 2 TO § 165.151

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 Cham- • Location: Waters of Huntington Bay, NY. In ap- pionships Swim. proximate positions start/finish at approximate position 40°54′25.8″ N 073°24′28.8″ W, East turn at approximate position 40°54′45″ N 073°23′36.6″ W and a West turn at approximate position 40°54′31.2″ N 073°25′21″ W. °09′25.07″ N 073°12′47.82″ W (NAD 83). 1.3 Maggie Fischer Memorial Great • Location: Waters of the Great South Bay, NY. South Bay Cross 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).

[USCG–2008–0384, 77 FR 6958, Feb. 10, 2012] Port (COTP) Zone, as delineated in 33 CFR 3.05–35, extending seaward 12 nau- § 165.153 Regulated Navigation Area: tical miles from the territorial sea Long Island Sound Marine Inspec- baseline, are established as a regulated tion and Captain of the Port Zone. navigation area (RNA). (a) Regulated Navigation Area location. (b) Applicability. This section applies All waters of the Long Island Sound to all vessels operating within the RNA Marine Inspection and Captain of the excluding public vessels.

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(c) Definitions. The following defini- upon approach to the following locations apply to this section: tions: Commercial service means any type of (i) Inbound approach to Cerberus trade or business involving the trans- Shoal; and portation of goods or individuals, ex- (ii) Outbound approach to Race Rock cept service performed by a combatant Light (USCG Light List No. 19815). vessel. (3) All vessels operating within the Ferry means a vessel that: RNA that are bound for a port or place (1) Operates in other than ocean or located in the United States or that coastwise service; must transit the internal waters of the (2) Has provisions only for deck pas- United States, must be inspected to the sengers or vehicles, or both; satisfaction of the U. S. Coast Guard, before entering waters within three (3) Operates on a short run on a fre- nautical miles from the territorial sea quent schedule between two points baseline. Vessels awaiting inspection over the most direct water route; and will be required to anchor in the man- (4) Offers a public service of a type ner directed by the COTP. This section normally attributed to a bridge or tun- does not apply to vessels operating ex- nel. clusively within the Long Island Sound Public vessels means vessels owned or Marine Inspection and COTP Zone, ves- bareboat chartered and operated by the sels on a single voyage which depart United States, or by a State or polit- from and return to the same port or ical subdivision thereof, or by a foreign place within the RNA, all towing ves- nation, except when such vessel is en- sels engaged in coastwise trade, vessels gaged in commercial service. in innocent passage not bound for a Territorial sea baseline means the line port or place subject to the jurisdiction defining the shoreward extent of the of the United States, and all vessels territorial sea of the United States not engaged in commercial service drawn according to the principles, as whose last port of call was in the recognized by the United States, of the United States. Vessels requiring in- Convention on the Territorial Sea and spection by the COTP may contact the the Contiguous Zone, 15 U.S.T. 1606, COTP via marine band or Very High and the 1982 United Nations Conven- Frequency (VHF) channel 16, telephone tion on the Law of the Sea (UNCLOS), at (203) 468–4401, facsimile at (203) 468– 21 I.L.M. 1261. Normally, the territorial 4418, or letter addressed to Captain of sea baseline is the mean low water line the Port, Long Island Sound, 120 Wood- along the coast of the United States. ward Ave., New Haven, CT 06512. (d) Regulations. (1) Speed restrictions (4) All vessels operating within the in the vicinity of Naval Submarine RNA that are bound for a port or place Base New London and Lower Thames located in the United States or that River. Unless authorized by the Cap- must transit the internal waters of the tain of the Port (COTP), vessels of 300 United States, must obtain authoriza- gross tons or more may not proceed at tion from the Captain of the Port a speed in excess of eight knots in the (COTP) before entering waters within Thames River from New London Har- three nautical miles from the terri- bor channel buoys 7 and 8 (Light List torial sea baseline. Vessels awaiting numbers 21875 and 21880 respectively) COTP authorization to enter waters north through the upper limit of the within three nautical miles from the Naval Submarine Base New London Re- territorial sea baseline will be required stricted Area, as that area is specified to anchor in the manner directed by in 33 CFR 334.75(a). The U.S. Navy and the COTP. This section does not apply other Federal, State and municipal to vessels operating exclusively within agencies may assist the U.S. Coast the Long Island Sound Marine Inspec- Guard in the enforcement of this rule. tion and COTP Zone, vessels on a sin- (2) Enhanced communications. Vessels gle voyage which depart from and re- of 300 gross tons or more and all vessels turn to the same port or place within engaged in towing barges must issue the RNA, all towing vessels engaged in securite´ calls on marine band or Very coastwise trade, vessels in innocent High Frequency (VHF) radio channel 16 passage not bound for a port or place

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subject to the jurisdiction of the required for the direct, immediate and United States, and all vessels not en- expeditious transit beneath a bridge. gaged in commercial service whose last (9) This section does not relieve any port of call was in the United States. vessel from compliance with applicable Vessels may request authorization navigation rules. from the COTP by contacting the [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as COTP via marine band or Very High amended by USCG–2006–24371, 74 FR 11213, Frequency (VHF) channel 16, telephone Mar. 16, 2009] at (203) 468–4401, facsimile at (203) 468– 4418, or letter addressed to Captain of § 165.154 Safety and Security Zones; the Port, Long Island Sound, 120 Wood- Captain of the Port Long Island ward Ave., New Haven, CT 06512. Sound Zone Safety and Security (5) Vessels over 1,600 gross tons oper- Zones. ating in the RNA within three nautical The following areas are designated miles from the territorial sea baseline safety and security zones: that are bound for a port or place lo- (a) Security zones. (1) Dominion Mill- cated in the United States or that stone Nuclear Power Plant, Waterford, must transit the internal waters of the CT. United States must receive authoriza- (i) All navigable waters of Long Is- tion from the COTP prior to transiting land Sound, from surface to bottom, or any intentional vessel movements, North and Northeast of a line running including, but not limited to, shifting from Bay Point, at approximate posi- berths, departing anchorage, or getting tion 41°18′34.20″ N, 072°10′24.60″ W, to underway from a mooring. This section Millstone Point at approximate posi- does not apply to vessels in innocent tion 41°18′15.00″ N, 072°9′57.60″ W (NAD passage not bound for a port or place 83). subject to the jurisdiction of the (ii) All navigable waters of Long Is- United States. land Sound, from surface to bottom, (6) Ferry vessels. Vessels of 300 gross West of a line starting at 41°18′42″ N, tons or more are prohibited from enter- 072°09′39″ W, running south to the East- ing all waters within a 1200-yard radius ern most point of Fox Island at approx- of any ferry vessel transiting in any imate position 41°18′24.11″ N, portion of the Long Island Sound Ma- 072°09′39.73″ W (NAD 83). rine Inspection and COTP Zone with- (2) Electric Boat Shipyard, Groton, out first obtaining the express prior CT. authorization of the ferry vessel oper- (i) Location. All navigable waters of ator, master, COTP, or the designated the Thames River, from surface to bot- COTP on-scene patrol. tom, West of the Electric Boat Cor- (7) Vessels engaged in commercial serv- poration Shipyard enclosed by a line ice. No vessel may enter within a 100- beginning at a point on the shoreline 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 (3) Naval Submarine Base, Groton, may approach within a 25-yard radius CT. All navigable waters of the Thames of any bridge foundation, support, River, from surface to bottom, West of stanchion, pier or abutment except as the Groton Naval Submarine Base New

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London, enclosed by a line beginning at (c) Regulations. (1) The general regu- a point on the shoreline at 41°23′15.8″ N, lations contained in § 165.23 and § 165.33 72°05′17.9″ W; then to 41°23′15.8″ N, of this part apply. Entering into, re- 72°05′22″ W; then to 41°23′25.9″ N, maining within or cause an article or 72°05′29.9″ W; then to 41°23′33.8″ N, thing to enter into or remain within 72°05′34.7″ W; then to 41°23′37.0″ N, these safety and security zones is pro- 72°05′38.0″ W; then to 41°23′41.0″ N, hibited unless authorized by the Cap- 72°05′40.3″ W; then to 41°23′47.2″ N, tain of the Port or a designated rep- 72°05′42.3″ W; then to 41°23′53.8″ N, resentative. 72°05′43.7″ W; then to 41°23′59.8″ N, (2) These safety and security zones 72°05′43.0″ W; then to 41°24′12.4″ N, are closed to all vessel traffic, except 72°05′43.2″ W; then to a point on the as may be permitted by the Captain of shoreline at 41°24′14.4″ N, 72°05′38″ W; the Port (COTP) or a designated rep- then along the shoreline to the point of resentative. Vessel operators given per- beginning (NAD 83). mission to enter or operate in the secu- (4) U.S. Coast Guard Academy, New rity zones must comply with all direc- London, CT. tions given to them by the COTP or the (i) Location. All navigable waters of designated representative. the Thames River, from surface to bot- (3) The ‘‘designated representative’’ tom, in a 500-yard radius from Jacobs is any Coast Guard commissioned, war- Rock, approximate position 41°22′22″ N, rant or petty officer who has been des- 072°05′40″ W (NAD 83). ignated by the Captain of the Port to (ii) Enforcement period. This rule will act on his/her behalf. The on-scene rep- be enforced during visits by high-rank- resentative may be on a Coast Guard ing officials and times of heighted se- vessel, a state or local law enforcement curity. vessel, or other designated craft, or (iii) Notification. The Captain of the may be on shore and will communicate Port will notify the maritime commu- with vessels via VHF–FM radio or nity of periods during which this secu- loudhailer. In addition, members of the rity zone will be enforced by all appro- Coast Guard Auxiliary may be present priate means such as Local Notice to to inform vessel operators of this regu- Mariners, Marine Safety Information lation. Radio Broadcasts or on scene notice. (4) Vessel operators desiring to enter (5) U.S. Coast Guard Vessels, Long Is- or operate within the security zones land Sound COTP Zone. All navigable shall request permission to do so by waters within a 100-yard radius of any contacting the Captain of the Port Sec- anchored U.S. Coast Guard vessel. For tor Long Island Sound at 203–468–4401, the purposes of this section, U.S. Coast or via VHF Channel 16. Guard vessels includes any commis- [USCG–2008–0384, 77 FR 6961, Feb. 10, 2012] sioned vessel or small boat in the service of the regular U.S. Coast Guard and § 165.156 Regulated Navigation Area: does not include Coast Guard Auxiliary East Rockaway Inlet to Atlantic vessels. Beach Bridge, Nassau County, Long (b) Safety zones. (1) Coast Guard Sta- Island, New York. tion Fire Island, Long Island, NY. All (a) Location. The following area is a waters of Fire Island Inlet from the Regulated Navigation Area: All waters shore out to a line beginning at a point of East Rockaway Inlet in an area on shore at 40°37′31.4″ N, 073°15′41.1″ W; bounded by lines drawn from position then North to 40°37′35.6″ N, 073°15′43.1″ 40°34′56″ N, 073°45′19″ W, (approximate W; then East to 40°37′36.7″ N, 073°15′39.8″ position of Silver Point breakwater W; then East to 40°37′37.8″ N, 073°15′36.6″ buoy, LLNR 31500) running north to a W; then East to 40°37′41.1″ N, 073°15′33.5″ point of land on the northwest side of W; then Southeast to 40°37′39.7″ N, the inlet at position 40°35′28″ N, 073°15′27.0″ W; then Southeast to 073°46′12″ W, thence easterly along the 40°37′37.5″ N, 073°15′22.1″ W; then South- shore to the east side of the Atlantic east to 40°37′37.6″ N, 073°15′19.1″ W; then Beach Bridge, State Route 878, over Southeast to point on shore at East Rockaway Inlet, thence across the 40°37′33.9″ N, 073°15′20.8″ W (NAD 83). bridge to the south side of East Rock- (2) [Reserved] away Inlet, thence westerly along the

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shore and across the water to the be- date listed, then exact dates and times ginning. of the enforcement period will be an- (b) Regulations. (1) The general regu- nounced through a Notice of Enforce- lations contained in 33 CFR 165.10, ment in the FEDERAL REGISTER. Mari- 165.11, and 165.13 apply. ners should consult the FEDERAL REG- (2) In accordance with the general ISTER or their Local Notice to Mariners regulations, the following regulations to remain apprised of schedule or event apply to vessels carrying petroleum changes. First Coast Guard District products in excess of 250 barrels: Local Notice to Mariners can be found (i) The vessel must have plans in at http://www.navcen.uscg.gov/. The Cap- place to maintain a minimum of two tain of the Port Sector New York Ma- feet under keel clearance at all times. rine Events schedule can also be viewed (ii) A vessel requiring a nighttime electronically at transit through East Rockaway Inlet www.homeport.uscg.mil/newyork. Al- may only do so only after receiving ap- though listed in the Code of Federal proval from the Captain of the Port Regulations, sponsors of events listed Long Island Sound. in Tables 1 and 2 to § 165.160 are still re- (iii) Vessels are prohibited from quired to submit marine event applica- transiting East Rockaway Inlet if a tions in accordance with 33 CFR 100.15. small craft advisory or greater has (b) Definitions. The following defini- been issued for the area unless specific tions apply to this section: approval is received from the Captain (1) Designated Representative. A ‘‘des- of the Port Long Island Sound. ignated representative’’ is any Coast (iv) In an emergency, any vessel may Guard commissioned, warrant or petty deviate from the regulations in this section to the extent necessary to officer of the U.S. Coast Guard who has avoid endangering the safety of per- been designated by the Captain of the sons, the environment, and or prop- Port, Sector New York (COTP), to act erty. If deviation from the regulations on his or her behalf. The designated is necessary, the master or their des- representative may be on an official ignee shall inform the Coast Guard as patrol vessel or may be on shore and soon as it is practicable to do so. will communicate with vessels via (c) Waivers. (1) The Captain of the VHF–FM radio or loudhailer. In addi- Port Long Island Sound may, upon re- tion, members of the Coast Guard Aux- quest, waive any regulation in this sec- iliary may be present to inform vessel tion. operators of this regulation. (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 § 165.160 Safety Zones; fireworks dis- as participants or official patrol ves- 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 (a) Regulations. The general regula- shall contact the COTP or the des- tions contained in 33 CFR 165.23 as well ignated representative via VHF chan- as the following regulations apply to nel 16 or (718) 354–4353 (Sector New the fireworks displays and swim events York command center) to obtain per- listed in Tables 1 and 2 to § 165.160. mission to do so. These regulations will be enforced for (c) Spectators or other vessels shall the duration of each event. Notifica- not anchor, block, loiter, or impede the tions will be made to the local mari- transit of event participants or official time community through the Local No- patrol vessels in the regulated areas tice to Mariners and Broadcast Notice during the effective dates and times, or to Mariners well in advance of the dates and times as modified through events. If the event does not have a the Local Notice to Mariners, unless

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authorized by COTP or designated rep- tice to Mariners at: http:// resentative. www.navcen.uscg.gov/. (d) Upon being hailed by a U.S. Coast (g) Fireworks barges used in these lo- Guard vessel or the designated rep- cations will also have a sign on their resentative, by siren, radio, flashing port and starboard side labeled ‘‘Fire- light or other means, the operator of works—Stay Away’’. This sign will the vessel shall proceed as directed. consist of 10 inch high by 1.5 inch wide Failure to comply with a lawful direc- red lettering on a white background. tion may result in expulsion from the Shore sites used in these locations will area, citation for failure to comply, or display a sign labeled ‘‘Fireworks— both. Stay Away’’ with the same dimensions. (e) The COTP or designated representative may delay or terminate These zones will be enforced from 6 any marine event in this subpart at p.m. (E.S.T.) to 1 a.m. (E.S.T.) each day any time it is deemed necessary to en- a barge with a ‘‘Fireworks—Stay sure the safety of life or property. Away’’ sign on the port and starboard (f) The regulated area for all fire- side is on-scene or a ‘‘Fireworks—Stay works displays listed in Table 1 to Away’’ sign is posted in a location list- § 165.160 is that area of navigable ed in TABLE 1 to § 165.160. waters within a 360 yard radius of the (h) For all swim events listed in launch platform or launch site for each Table 2 to § 165.160, vessels not associ- fireworks display, unless otherwise ated with the event shall maintain a noted in TABLE 1 to § 165.160 or modi- separation of at least 100 yards from fied in USCG First District Local No- the participants.

TABLE 1 TO § 165.160

1.0 Hudson River

1.1 Macy’s 4th of July Fireworks ...... • Event Type: Fireworks. • Date: July 4th. • Rain Date: July 5th. • Location: All waters of the Hudson River bounded by a line drawn east from approximate position 40°46′35.43″ N, 074°00′37.53″ W in New Jersey, to approximate position 40°46′16.98″ N, 073°59′52.34″ W in New York, thence south along the Manhattan shoreline to approximate position 40°44′48.98″ N, 074°00′41.06″ W, then west to approximate position 40°44′55.91″ N, 074°01′24.94″ W, (NAD 83). Then north along the New Jersey shoreline and back to the point of origin.

2.0 New York Harbor

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

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TABLE 1 TO § 165.160—Continued 2.2 Ellis Island Safety Zone ...... • Launch site: A barge located between Fed- eral Anchorages 20–A and 20–B, in approximate position 40°41′45″ N 074°02′09″ W (NAD 1983) about 365 yards east of Ellis Is- land. This Safety Zone is a 360-yard radius from the barge.

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

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

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

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

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

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

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

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TABLE 1 TO § 165.160—Continued 2.10 Pierhead Channel, NJ Safety Zone ...... • Launch site: A barge located in approximate position 40°39′18.8″ N 074°04′39.1 W (NAD 1983), approximately 350 yards north of the Kill Van Kull Channel. This Safety Zone is a 360-yard radius from the barge.

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

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

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

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

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

3.0 Western Long Island Sound

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.

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TABLE 1 TO § 165.160—Continued 3.3 Larchmont, NY, Western Long Island • Launch site: A barge located in approximate Sound Safety Zone. position 40°54′45″ N 073°44′55″ W (NAD 1983), approximately 450 yards southwest of the entrance to Horseshoe Harbor. This Safety Zone is a 240-yard radius from the barge.

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

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

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

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

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

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.

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TABLE 1 TO § 165.160—Continued 3.11 Orchard Beach, The Bronx Safety Zone • Launch site: All waters of Long Island Sound in an area bound by the following points: 40°51′43.5″ N 073°47′36.3″ W; thence to 40°52′12.2″ N 073°47′13.6″ W; thence to 40°52′02.5″ N 073°46′47.8″ W; thence to 40°51′32.3″ N 073°47′09.9″ W (NAD 1983), thence to the point of origin.

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

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

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

4.0 East River

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

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

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.

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TABLE 1 TO § 165.160—Continued 5.0 Hudson River

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

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

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

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

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

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

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.

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TABLE 1 TO § 165.160—Continued 5.9 Pier 84, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°45′56.9″ N 074°00′25.4″ W (NAD 1983), approximately 380 yards west of Pier 84, Manhattan, New York. This Safe- ty Zone is a 360-yard radius from the barge.

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

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

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

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

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

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

6.0 Hutchinson River

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

7.0 Navesink River

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

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TABLE 1 TO § 165.160—Continued 7.2 Rumson, NJ, Safety Zone ...... • Launch site: A barge located in approximate position 40°22′39.1″ N 074°01′07.3″ W (NAD 1983), approximately 600 yards south of the Oceanic Bridge. This Safety Zone is a 300-yard radius from the barge.

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

TABLE 2 TO § 165.160

1.0 Hudson River

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

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

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

1.4 Toughman Half Triathlon ...... • Event Type: Swim Event. • Date: 2nd weekend in September.

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TABLE 2 TO § 165.160—Continued • Location: Participants will swim in the vicinity of Croton Point Park, New York between Potato Rock and Harmon, New York from the shoreline out to 1000 yards. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

2.0 East River

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

3.0 Western Long Island Sound

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

4.0 Upper New York Bay, Lower New York Bay

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

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TABLE 2 TO § 165.160—Continued • 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] points: from the southeast corner of Pier 90, Manhattan, where it intersects § 165.163 Safety Zones; Port of New the seawall, west to approximate posi- York/New Jersey Fleet Week. tion 40°46′10″ N 074°00′13″ W (NAD 1983), (a) The following areas are estab- south to approximate position 40°45′54″ lished as safety zones: N 074°00′25″ W (NAD 1983), then east to (1) Safety Zone A—(i) Location. A mov- the northeast corner of Pier 83 where it ing safety zone for the Parade of Ships intersects the seawall. including all waters 500 yards ahead (ii) Enforcement period. Paragraph and astern, and 200 yards of each side (a)(4)(i) of this section is enforced an- of the designated column of parade ves- nually from 10 a.m. until 5 p.m., from sels as it transits the Port of New York Friday through Monday, Memorial Day and New Jersey from the Verrazano weekend. Narrows Bridge to Riverside State (5) Safety Zone E—(i) Location. A mov- Park on the Hudson River between ing safety zone including all waters 500 West 137th and West 144th Streets, yards ahead and astern, and 200 yards Manhattan. on each side of the departing U.S. Navy (ii) Enforcement period. Paragraph Aircraft or Helicopter Carrier as it (a)(1)(i) of this section is enforced an- transits the Port of New York and New nually from 8 a.m. until 5 p.m. on the Jersey from its mooring at the Intrepid Wednesday before Memorial Day. Sea, Air and Space Museum, Manhat- (2) Safety Zone B—(i) Location. A safe- tan, to the COLREGS Demarcation line ty zone including all waters of the Hud- at Ambrose Channel Entrance Lighted son River between Piers 83 and 90, Man- Bell Buoy 2 (LLNR 34805). hattan, from the parade column east to (ii) Enforcement period. Paragraph the Manhattan shoreline. (a)(5)(i) of this section is enforced an- (ii) Enforcement period. Paragraph nually on the Wednesday following Me- (a)(2)(i) of this section is enforced an- morial Day. Departure time is depend- nually from 8 a.m. until 5 p.m. on the ent on tide, weather, and granting of Wednesday before Memorial Day. authority for departure by the Captain (3) Safety Zone C—(i) Location. A mov- of the Port, New York. ing safety zone including all waters of (b) Effective period. This section is ef- the Hudson River within a 200-yard ra- fective annually from 8 a.m. on the dius of each parade vessel upon its Wednesday before Memorial Day until leaving the parade of ships until it is 4 p.m. on the Wednesday following Me- safely berthed. morial Day. (ii) Enforcement period. Paragraph (c) Regulations. (1) The general regu- (a)(3)(i) of this section is enforced an- lations contained in 33 CFR 165.23 nually from 8 a.m. until 5 p.m. on the apply. Wednesday before Memorial Day. (2) All persons and vessels shall com- (4) Safety Zone D—(i) Location. A safe- ply with the instructions of the Coast ty zone including all waters of the Hud- Guard Captain of the Port or the des- son River bound by the following ignated on-scene-patrol personnel.

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these personnel comprise commis- (5) Location. All waters of the East sioned, warrant, and petty officers of River north of a line drawn from ap- the Coast Guard. Upon being hailed by proximate position 40°44′37″ N, a U. S. Coast Guard vessel by siren, 073°58′16.5″ W (the base of East 35th radio, flashing light, or other means, Street, Manhattan), to approximate po- the operator of a vessel shall proceed sition 40°44′23″ N, 073°57′44.5″ W (Hunters as directed. Point, Long Island City), and south of [CGD1–98–170, 64 FR 24946, May 10, 1999] the Queensboro Bridge. All nautical positions are based on North American § 165.164 Security Zones: Dignitary Ar- Datum of 1983. rival/Departure and United Nations (6) The security zone will be acti- Meetings, New York, NY. vated 30 minutes before the dignitaries’ (a) The following areas are estab- arrival into the zone and remain in ef- lished as security zones: fect until 15 minutes after the dig- (1) Location. Wall Street heliport: All nitaries’ departure from the zone. waters of the East River within the fol- (7) The activation of a particular lowing boundaries: East of a line drawn zone will be announced by facsimile ° ′ ″ between approximate position 40 42 01 and marine information broadcasts. N 074°00′39″ W (east of The Battery) to (b) Regulations. (1) The general regu- 40°41′36″ N 074°00′52″ W (NAD 1983) (point lations contained in 33 CFR 165.33 north of Governors Island) and north of a line drawn from the point north of apply. Governors Island to the southwest cor- (2) All persons and vessels shall com- ner of Pier 7 North, Brooklyn; and ply with the instructions of the Coast south of a line drawn between the Guard Captain of the Port or the des- northeast corner of Pier 13, Manhattan, ignated on-scene-patrol personnel. and the northwest corner of Pier 2 These personnel comprise commis- North, Brooklyn. sioned, warrant, and petty officers of (2) [Reserved] the Coast Guard. Upon being hailed by (3) Location. Marine Air Terminal, La a U.S. Coast Guard vessel using siren, Guardia Airport: All waters of Bowery radio, flashing light, or other means, Bay, Queens, New York, south of a line the operator of a vessel shall proceed drawn from the western end of La as directed. Guardia Airport at approximate posi- ° ′ ″ ° ′ ″ [CGD01–98–006, 64 FR 24948, May 10, 1999, as tion 40 46 47 N 073 53 05 W (NAD 1983) amended by CGD01–00–146, 65 FR 47320, Aug. to the Rikers Island Bridge at approxi- 2, 2000] mate position 40°46′51″ N 073°53′21″ W (NAD 1983) and east of a line drawn be- § 165.165 Regulated Navigation Area; tween the point at the Rikers Island Hudson River South of the Troy Bridge to a point on the shore in Locks, NY. Queens, New York, at approximate po- (a) Regulated navigation area. All nav- ° ′ ″ ° ′ ″ sition 40 46 36 N 073 53 31 W (NAD igable waters of the Hudson River 1983). south of the Troy Locks. (4) Location. All waters of the East (b) The following defini- River bound by the following points: Definitions. 40°44′37″ N, 073°58′16.5″ W (the base of tions apply to this section: East 35th Street, Manhattan), then (1) Designated representative means east to 40°44′34.5″ N, 073°58′10.5″ W any Coast Guard commissioned, war- (about 175 yards offshore of Manhat- rant, or petty officer, or a Federal, tan), then northeasterly to 40°45′29″ N, State, or local law enforcement officer 073°57′26.5″ W (about 125 yards offshore designated by or assisting the Captain of Manhattan at the Queensboro of the Port (COTP) New York. Bridge), then northwesterly to 40°45′31″ (2) Horsepower (HP) means the total N, 073°57′30.5″ W (Manhattan shoreline maximum continuous shaft horsepower at the Queensboro Bridge), then south- of all the vessel’s main propulsion ma- erly to the starting point at 40°44′37″ N, chinery. 073°58′16.5″ W. All nautical positions are (c) Applicability. This section applies based on North American Datum of to tugs with less than 3,000 horsepower 1983. 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 described in paragraphs (a)(8) of this sec- scribed in paragraph (a)(9)(ii). Author- tion will be effective at all times. When ization to enter the waters that lie be- port security conditions permit, the tween the outer boundaries of the Captain of the Port will allow vessels zones described in paragraphs (a)(9)(i) to operate within that portion of the and (a)(9)(ii) will be communicated by waters described in paragraph (a)(8)(iii) the Captain of the Port to the public that lies outside of the waters de- by marine broadcast, local notice to scribed in paragraph (a)(8)(iv). Author- mariners, or notice posted at http:// ization to enter the waters that lie be- homeport.uscg.mil/newyork. tween the outer boundaries of the (10) Port Newark/Port Elizabeth, New- zones described in paragraphs (a)(8)(iii) ark Bay, NJ. All waters of Newark Bay and (a)(8)(iv) will be communicated by bound by the following points: the Captain of the Port to the public 40°41′49.9″ N, 074°07′32.2″ W, thence to by marine broadcast, local notice to 40°41′46.5″ N, 074°07′20.4″ W, thence to mariners, or notice posted at http:// 40°41′10.7″ N, 074°07′45.9″ W, thence to homeport.uscg.mil/newyork. 40°40′54.3″ N, 074°07′55.7″ W, thence to (9) NYPD Ammunition Depot, Rodman 40°40′36.2″ N, 074°08′03.8″ W, thence to Neck, Eastchester Bay, NY. (i) Location: 40°40′29.1″ N, 074°08′06.3″ W, thence to 150-Yard Zone. All waters of 40°40′21.9″ N, 074°08′10.0″ W, thence to Eastchester Bay within approximately 40°39′27.9″ N, 074°08′43.6″ W, thence to 150 yards of Rodman Neck bound by the 40°39′21.5″ N, 074°08′50.1″ W, thence to

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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 described 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 NOTE TO INTRODUCTORY TEXT OF Guard Drive, Staten Island, NY 10305, § 165.171: Although listed in the Code of or via fax to (718) 354–4125 or by con- Federal Regulations, sponsors of events tacting the Sector Command Center listed in the Table to § 165.171 shall sub- Duty Officer by phone at: (718) 354–4353. mit an application each year in accord- (C) Vessels entering or departing the ance with 33 CFR 100.15. marina north of the Newport Helistop (a) The Coast Guard may patrol each are authorized to transit through the event area under the direction of a des- safety/security zone around the New- ignated Coast Guard Patrol Com- port Helistop during their transit, pro- mander. The Patrol Commander may vided that helicopters are not taking be contacted on Channel 16 VHF–FM off or landing. No loitering or unneces- (156.8 MHz) by the call sign sary delay is authorized during these ‘‘PATCOM.’’ The ‘‘official patrol ves- transits. sels’’ may consist of any Coast Guard, (b) Regulations. (1) Entry into or re- Coast Guard Auxiliary, state, or local maining in a safety or security zone is law enforcement vessels assigned or ap- prohibited unless authorized by the proved by the Captain of the Port, Sec- Coast Guard Captain of the Port, New tor Northern New England. York. (b) Vessels may not transit the regu- (2) Persons desiring to transit the lated areas without Patrol Commander area of a safety or security zone may approval. Vessels permitted to transit contact the Captain of the Port at tele- must operate at a no wake speed, in a phone number 718–354–4088 or on VHF manner which will not endanger par- channel 14 (156.7 MHz) or VHF channel ticipants or other crafts in the event. 16 (156.8 MHz) to seek permission to (c) Spectators or other vessels shall transit the area. If permission is grant- not anchor, block, loiter, or impede the ed, all persons and vessels must comply movement of event participants or offi- with the instructions of the Captain of cial patrol vessels in the regulated the Port or his or her designated rep- areas during the effective dates and resentative. times, or dates and times as modified through the Local Notice to Mariners, [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as unless authorized by an official patrol amended by CGD01–03–036, 69 FR 2670, Jan. 20, vessel. 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; USCG–2008–0179, 73 FR 35017, June 19, 2008; (d) The Patrol Commander may con- USCG–2007–0074, 74 FR 7191, Feb. 13, 2009] trol the movement of all vessels in the regulated area. When hailed or signaled § 165.171 Safety Zones for fireworks by an official patrol vessel, a vessel displays and swim events held in shall come to an immediate stop and Coast Guard Sector Northern New comply with the lawful directions England Captain of the Port Zone. issued. Failure to comply with a lawful The Coast Guard is establishing safe- direction may result in expulsion from ty zones for the fireworks displays list- the area, citation for failure to comply, ed in the Table to § 165.171. These regu- or both. lations will be enforced for the dura- (e) The Patrol Commander may delay tion of each event, on or about the or terminate any event in this subpart dates indicated in the Table to § 165.171. at any time to assure safety. Such ac- Mariners should consult their Local tion may be justified as a result of Notice to Mariners to remain apprised weather, traffic density, spectator op- of the specific calendar date upon eration or participant behavior. which the listed event falls for each (f) For all swim events listed, vessels calendar year and other specific infor- not associated with the event shall mation concerning the event. First maintain a separation zone of 200 feet Coast Guard District Local Notice to from participating swimmers. Mariners can be found at: http:// (g) For all fireworks displays listed www.navcen.uscg.gov/. The Sector below, the regulated area is that area Northern New England Marine Events of navigable waters within a 350 yard schedule can also be viewed electroni- radius of the launch platform or launch cally at www.homeport.uscg.mil. site for each fireworks display.

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(h) The specific calendar date upon which the listed event falls will be published in the FEDERAL REGISTER.

TABLE TO § 165.171

5.0 ...... MAY

5.1 Hawgs, Pies, & Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Maine Street. • Date: One night event on Saturday during the last week of May. The specific calendar date will be published in the Federal Reg- ister via a Notice of Enforcement. • Time: 8 p.m. to 10 p.m. • Location: In the vicinity of the Gardiner Wa- terfront, Gardiner, Maine in approximate position: 44°13′52″ N, 069°46′08″ W (NAD 83).

6.0 JUNE

6.1 Rotary Waterfront Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Rotary. • Date: Two night event on Wednesday and Saturday during the third week of June. The specific calendar dates will be published in the Federal Register via a Notice of En- forcement. • Time: 8 p.m. to 10 p.m. • Location: In the vicinity of the Gardiner Wa- terfront, Gardiner, Maine in approximate position: 44°13′52″ N, 069°46′08″ W (NAD 83).

6.2 Windjammer Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boothbay Harbor Region Chamber of Commerce. • Date: One night event on Wednesday during the last week of June. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 p.m. to 10:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83).

7.0 JULY

7.1 Vinalhaven 4th of July Fireworks ...... • Event Type: Firework Display. • Sponsor: Vinalhaven 4th of July Committee. • Date: First Saturday in July. The specific calendar date will be published in the Fed- eral Register via a Notice of Enforcement. • Time: 8 p.m. to 10:30 p.m. • Location: In the vicinity of Grime’s Park, Vinalhaven, Maine in approximate position:

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TABLE TO § 165.171—Continued 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: July 3rd. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 p.m. to 11 p.m. • Location: From a barge in the vicinity of Bur- lington Harbor, Burlington, Vermont in approximate position: 44°28′31″ N, 073°13′31″ W (NAD 83).

7.3 Camden 3rd of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce. • Date: July 3rd. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 p.m. to 10 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate position: 44°12′32″ N, 069°02′58″ W (NAD 83).

7.4 Bangor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bangor 4th of July Fireworks. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 p.m. to 10:30 p.m. • Location: In the vicinity of the Bangor Wa- terfront, Bangor, Maine in approximate position: 44°47′27″ N, 068°46′31″ W (NAD 83).

7.5 Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Com- merce. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 p.m. to 10:30 p.m. • Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position: 44°23′31″ N, 068°12′15″ W (NAD 83).

7.6 Boothbay Harbor 4th of July Fireworks .... • Event Type: Fireworks Display. • Sponsor: Town of Boothbay Harbor. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement.1 Local Notice to Mariners. • Time: 8 p.m. to 10:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position:

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

7.7 Colchester 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Colchester, Recreation Department. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 p.m. to 10 p.m. • Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont at approximate position: 44°32′44″ N, 073°13′10″ W (NAD 83).

7.8 Eastport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 p.m. to 9:30 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine at 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: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8:30 p.m. to 11 p.m. • Location: In the vicinity of York Beach, Maine in approximate position: 43°10′27″ N, 070°48′31″ W (NAD 83).

7.10 Hampton Beach 4th of July Fireworks .... • Event Type: Fireworks Display. • Sponsor: Hampton Beach Village District. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8:30 p.m. to 11 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: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9:30 p.m. to 10 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 Main Street Heritage Days 4th of July • Event Type: Fireworks Display. Fireworks. • Sponsor: Main Street Inc.

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TABLE TO § 165.171—Continued • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 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).

7.13 Portland Harbor 4th of July Fireworks .... • Event Type: Fireworks Display. • Sponsor: Department of Parks and Recre- ation, Portland, Maine. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 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).

7.14 St. Albans Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Albans Area Chamber of Com- merce. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 p.m. to 10 p.m. • Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in the approximate position: 44°48′25″ N, 073°08′23″ W (NAD 83).

7.15 Stonington 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Deer Isle—Stonington Chamber of Commerce. • Date: July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 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).

7.16 Urban/EPIC Triathlon ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 7 a.m. to 11 a.m. • Location: The regulated area includes all waters of Portland Harbor in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83): 43°40′00″ N, 070°14′20″ W. 43°40′00″ N, 070°14′00″ W. 43°40′15″ N, 070°14′29″ W.

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TABLE TO § 165.171—Continued 43°40′17″ N, 070°13′22″ W.

7.17 Tri for a Cure Swim Clinics ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A two day event held on third Sunday and Thursday in July. The specific calendar dates will be published in the Federal Reg- ister via a Notice of Enforcement. • Time: 12:30 p.m. to 7:30 p.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.

7.18 Richmond Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: A one day event on Saturday during the fourth weekend of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 p.m. to 10 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 (NAD 83).

7.19 Colchester Triathlon ...... • Event Type: Swim Event. • Sponsor: Colchester Parks and Recreation Department. • Date: A one day event on Wednesday during the last week of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 7 a.m. to 11 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.

7.20 Peaks to Portland Swim ...... • Event Type: Swim Event. • Sponsor: Cumberland County YMCA. • Date: A one day event on Saturday during the last week of July. The specific calendar date will be published in the Federal Reg- ister via a Notice of Enforcement. • Time: 5 a.m. to 1 p.m. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83): 43°39′20″ N, 070°11′58″ W.

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TABLE TO § 165.171—Continued 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.

7.21 Friendship Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Friendship. • Date: A one day event on Saturday during the last weekend of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 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 (NAD 83).

7.22 Champ Chum Swim ...... • Event Type: Swim Event. • Sponsor: Against Malaria Foundation. • Date: A one day event on Saturday during the last week of July. The specific calendar date will be published in the Federal Reg- ister via a Notice of Enforcement. • Time: 8 a.m. to 12 p.m. • Location: The regulated area includes all waters of Lake Champlain between Thomp- son’s Point, Vermont and Spilt Rock in Adi- rondack Park, New York within the following points (NAD 83): 44°16′04″ N, 073°18′19″ W. 44°16′08″ N, 073°19′17″ W.

8.0 AUGUST

8.1 Sprucewold Cabbage Island Swim ...... • Event Type: Swim Event. • Sponsor: Sprucewold Association. • Date: A one day event on Saturday during the first week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 1 p.m. to 6 p.m. • Location: The regulated area includes all waters of Linekin Bay between Cabbage Is- land and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43°50′37″ N, 069°36′23″ W. 43°50′37″ N, 069°36′59″ W. 43°50′16″ N, 069°36′46″ W. 43°50′22″ N, 069°36′21″ W.

8.2 Westerlund’s Landing Party Fireworks ..... • Event Type: Fireworks Display. • Sponsor: Portside Marina.

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TABLE TO § 165.171—Continued • Date: A one day event on Saturday during the first weekend of August. The specific calendar date will be published in the Fed- eral Register via a Notice of Enforcement. • Time: 8 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 on Saturday during the first week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 a.m. to 10 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 Greater Burlington YMCA Lake Swim ...... • Event Type: Swim Event. • Sponsor: Greater Burlington YMCA. • Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Fed- eral Register via a Notice of Enforcement. • Time: 8 a.m. to 6 p.m. • Location: The regulated area includes all waters in Lake Champlain in the vicinity of North Hero Island within the following points (NAD 83): 44°46′55″ N, 073°22′14″ W. 44°47′08″ N, 073°19′05″ W. 44°46′48″ N, 073°17′13″ W. 44°46′10″ N, 073°16′39″ W. 44°41′08″ N, 073°20′58″ W. 44°41′36″ N, 073°23′01″ W.

8.5 York Beach Fire Department Fireworks .... • Event Type: Fireworks Display. • Sponsor: York Beach Fire Department. • Date: A one day event on Sunday during the first week in August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 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).

8.6 Tri for a Cure Swim Clinics ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation.

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TABLE TO § 165.171—Continued • Date: A multi-day training event held during July. The specific calendar dates will be published in the Federal Register via a No- tice of Enforcement. • Time: 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.

8.7 Tri for a Cure Triathlon ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A one day event on Sunday during the second week in August. The specific calendar date will be published in the Fed- eral Register via a Notice of Enforcement. • Time: 12:30 p.m. to 4:30 p.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.

8.8 Rockland Breakwater Swim ...... • Event Type: Swim Event. • Sponsor: Pen-Bay Masters. • Date: A one day event on Saturday during the fourth week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 7:30 a.m. to 1:30 p.m. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the following points (NAD 83): 44°06′16″ N, 069°04′39″ W. 44°06′13″ N, 069°04′36″ W. 44°06′12″ N, 069°04′43″ W. 44°06′17″ N, 069°04′44″ W. 44°06′18″ N, 069°04′40″ W.

9.0 SEPTEMBER

9.1 Windjammer Weekend Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: A one day event on Friday during the first weekend of September. The specific calendar date will be published in the Fed- eral Register via a Notice of Enforcement. • Time: 8 p.m. to 9:30 p.m.

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TABLE TO § 165.171—Continued • 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 day event on Saturday during the second weekend of September. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 7 p.m. to 10 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine at 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 swim event on Saturday during the second weekend of September. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 8 a.m. to 11 a.m. • Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83): 43°47′59″ N, 070°06′56″ W. 43°47′44″ N, 070°06′56″ W. 43°47′44″ N, 070°07′27″ W. 43°47′57″ N, 070°07′27″ W.

9.4 Burlington Triathlon ...... • Event Type: Swim Event. • Sponsor: Race Vermont. • Date: A one day swim event on Sunday during the second weekend of September. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 7 a.m. to 10 a.m. • Location: The regulated area includes all waters in the vicinity of North Beach, Bur- lington, Vermont within the following points (NAD 83): 44°29′31″ N, 073°14′22″ W. 44°29′12″ N, 073°14′14″ W. 44°29′17″ N, 073°14′34″ W.

9.5 Eliot Festival Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eliot Festival Day Committee. • Date: A one day event on Saturday during the fourth weekend of September. The specific calendar date will be published in the Federal Register via a Notice of Enforce- ment.

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TABLE TO § 165.171—Continued • Time: 8 p.m. to 10:30 p.m. • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position: 43°08′56″ N, 070°49′52″ W (NAD 83).

[USCG–2011–1023, 77 FR 23608, Apr. 20, 2012]

§ 165.172 Safety Zone; Underwater events listed in the Table to § 165.173. Hazard, Gravesend Bay, Brooklyn, These regulations may be enforced for NY. the duration of each event. (a) Location. The following area is a (2) Notifications will be made to the safety zone: All navigable waters of local maritime community through the Gravesend Bay within a 110-yard radius Local Notice to Mariners well in ad- of a point in position 40°36′30″ N, vance of the events. If the event does 074°02′14″ W (NAD 83), approximately 70- not have a date listed, then exact dates yards southeast of the Verrazano and times of the enforcement period Bridge Brooklyn tower. will be announced through a Notice of (b) Regulations. (1) The general regu- Enforcement in the FEDERAL REGISTER. lations contained in 33 CFR 165.23 NOTE TO PARAGRAPH (A): Although listed in apply. the Code of Federal Regulations, sponsors of (2) Entering into, transiting through, events listed in the Table shall submit an ap- diving, dredging, dumping, fishing, plication each year in accordance with 33 trawling, conducting salvage oper- CFR 100.15. ations, remaining within or anchoring (b) Definitions. The following defini- within this safety zone is prohibited tions apply to this section: unless authorized by the Captain of the (1) Designated Representative. A ‘‘des- Port (COTP) New York or the designated representative’’ is any Coast ignated on-scene representative. Guard commissioned, warrant or petty (3) The ‘‘designated on-scene rep- officer of the U.S. Coast Guard who has resentative’’ is any Coast Guard com- been designated by the Captain of the missioned, warrant, or petty officer Port, Southeastern New England who has been designated by the COTP (COTP), to act on his or her behalf. The New York. designated representative may be on an (4) Vessel operators desiring to enter official patrol vessel or may be on or operate within the safety zone may shore and will communicate with ves- contact the COTP New York or the des- sels via VHF–FM radio or loudhailer. ignated representative at the Coast In addition, members of the Coast Guard Sector New York Command Cen- Guard Auxiliary may be present to inter via VHF Channel 16 or by phone at form vessel operators of this regula- (718) 354–4353 to request permission. tion. (5) Vessel operators given permission (2) Official Patrol Vessels. Official pa- to enter or operate in the safety zone trol vessels may consist of any Coast must comply with all directions given Guard, Coast Guard Auxiliary, state, or to them by the COTP New York or the local law enforcement vessels assigned on-scene representative. or approved by the COTP. [USCG–2010–1091, 76 FR 31234, May 31, 2011] (3) Spectators. All persons and vessels not registered with the event sponsor § 165.173 Safety Zones for annually re- as participants or official patrol ves- curring marine events held in Coast sels. Guard Southeastern New England (c) The Coast Guard may patrol each Captain of the Port Zone. event area under the direction of a des- (a) Regulations. (1) The general regu- ignated Coast Guard Patrol Com- lations contained in 33 CFR 165.23 as mander. The Patrol Commander may well as the following regulations apply be contacted on Channel 16 VHF–FM to the fireworks displays and swim (156.8 MHz) by the call sign

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‘‘PATCOM.’’ The ‘‘official patrol ves- regulated area. When hailed or signaled sels’’ may consist of any Coast Guard, by an official patrol vessel, a vessel Coast Guard Auxiliary, state, or local shall come to an immediate stop and law enforcement vessels assigned or ap- comply with the lawful directions proved by the Captain of the Port, issued. Failure to comply with a lawful Southeastern New England. direction may result in expulsion from (d) Vessels may not transit the regu- the area, citation for failure to comply, lated areas without Patrol Commander or both. approval. Vessels permitted to transit (g) The Patrol Commander may delay must operate at a no wake speed, in a or terminate any event in this subpart manner which will not endanger par- at any time to ensure safety. Such ac- ticipants or other crafts in the event. (e) Spectators or other vessels shall tion may be justified as a result of not anchor, block, loiter, or impede the weather, traffic density, spectator op- movement of event participants or offi- eration or participant behavior. cial patrol vessels in the regulated (h) For all fireworks displays listed areas during the effective dates and below, the regulated area is that area times, or dates and times as modified of navigable waters within the speci- through a Notice of Enforcement pub- fied radius of the launch platform or lished in the FEDERAL REGISTER, unless launch site for each fireworks display, authorized by an official patrol vessel. unless modified later in a Notice of En- (f) The Patrol Commander may con- forcement published in the FEDERAL trol the movement of all vessels in the 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 Federal 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 Federal Register. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Hurri- cane 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 Federal Register. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Battleship Cove, Fall River, MA.

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TABLE TO § 165.173—Continued • Position: Within 500 yards of 41°42′37″ N, 071°09′53″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.

6.0 JUNE

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

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

7.0 JULY

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

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

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TABLE TO § 165.173—Continued 7.3 North Kingstown Fireworks Dis- • Event Type: Fireworks Display. play.. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Town Beach, North Kingston, RI. • Position: Within 500 yards of 41°33′59″ N, 071°26′23″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.

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

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

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TABLE TO § 165.173—Continued 7.8 Edgartown 4th of July Fireworks • Event Type: Fireworks Display. Celebration. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Edgartown Outer Harbor, Edgartown, MA. • Position: Within 500 yards of 41°22′39″ N, 070°30′14″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

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

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

7.11 Bristol 4th of July Fireworks ..... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: In the vicinity of Northern portion of the Bristol Harbor, Bristol, RI, on the section of Poppasquash Rd separating the harbor and Mill Pond. • Position: Within 500 yards of 41°40′53.4″ N, 071°17′00″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.

7.12 Swim Buzzards Bay ...... • Event Type: Swim Event. • Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners. • Time: Start times will vary from 6:00 a.m. to 11:59 a.m., and last approximately two hours until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners.

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TABLE TO § 165.173—Continued • 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 Restaurant in New Bedford, MA, to Fort Phoenix Beach in Fairhaven, MA. • Safety Zone Dimension: 500 yards on either side of the centerline described above.

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

8.0 AUGUST

8.1 Boston Pops Nantucket ...... • Event Type: Fireworks Display. • Date: One night in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Jetties Beach, Nantucket, 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 Fire- • Event Type: Fireworks Display. works. • Date: One night during the last two weekends in Au- gust or 1st weekend in September. • Time: Approximately 8:00 p.m. to 11:59 p.m.

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TABLE TO § 165.173—Continued • Location: From a barge in the vicinity of Naval Station Newport, 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 • Event Type: Swim Event. Life. • Date: On a day in September as announced in the Local Notice 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 Light- house. approximate position 42°01′59″ N, 070°10′07″ W (NAD 83), and the end point, the Boatslip Resort, Provincetown, MA., approximate position 42°02′48″ N, 070°11′24″ W (NAD 83). • Safety Zone Dimension: 250 yards on either side of the centerline described above.

9.2 Spirit of Somerset Celebration ... • Event Type: Fireworks Display. • Date: One night in September, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Mallard Point, Somerset, 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 • Event Type: Fireworks Display. Fireworks. • 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.

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[USCG–2011–1026, 76 FR 30191, May 22, 2012] (1) Offshore zone. A line drawn due East from the mean low water mark at § 165.202 [Reserved] the North Carolina and Virginia border ° ′ ″ FIFTH COAST GUARD DISTRICT 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 while transiting, anchored, or moored mark and eastward of the Colregs De- within the COTP Baltimore zone. marcation Line across Rudee Inlet to (c) Regulations. (1) The COTP will no- the point of beginning. All positions tify the maritime community of af- reference NAD 83. fected vessels and the periods during (2) Inland zone. The waters enclosed which the safety/security zones will be by the shoreline and the following enforced by providing notice to mari- lines: ners in accordance with 33 CFR 165.7. (i) A line drawn across the entrance (2) Entry into or remaining in this to Chesapeake Bay between Wise Point zone is prohibited unless authorized by and Cape Charles Light, and then con- the Coast Guard COTP, Baltimore, tinuing to Cape Henry Light. Maryland or his designated representative. (ii) A line drawn across the Chesa- (3) Persons desiring to transit the peake Bay between Old Point Comfort area of the security zone may contact Light and Cape Charles City Range the COTP at telephone number 410–576– ‘‘A’’ Rear Light. 2693 or on VHF channel 16 (156.8 MHz) (iii) A line drawn across the James to seek permission to transit the area. River along the eastern side of U.S. If permission is granted, all persons Route 17 highway bridge, between New- and vessels must comply with the in- port News and Isle of Wight County, structions of the COTP or his or her Virginia. designated representative. (iv) A line drawn across Chuckatuck (d) Authority. In addition to 33 U.S.C. Creek along the northern side of the 1231, the authority for this section in- north span of the U.S. Route 17 high- cludes 50 U.S.C. 191. way bridge, between Isle of Wight County and Suffolk, Virginia. [CDG05–03–008, 68 FR 43311, July 22, 2003] (v) A line drawn across the § 165.501 Chesapeake Bay entrance Nansemond River along the northern and Hampton Roads, VA and adja- side of the Mills Godwin (U.S. Route 17) cent waters—Regulated Navigation Bridge, Suffolk, Virginia. Area. (vi) A line drawn across the mouth of (a) Location. The waters enclosed by Bennetts Creek, Suffolk, Virginia. the shoreline and the following lines (vii) A line drawn across the Western are a Regulated Navigation Area: Branch of the Elizabeth River along

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the eastern side of the West Norfolk Thimble Shoal North Auxiliary Channel Bridge, Portsmouth, Virginia. consists of the waters in a rectangular (viii) A line drawn across the South- area 450 feet wide adjacent to the north ern Branch of the Elizabeth River side of Thimble Shoal Channel, the along the northern side of the I–64 southern boundary of which extends highway bridge, Chesapeake, Virginia. from Thimble Shoal Channel Lighted (ix) A line drawn across the Eastern Buoy 2 to Thimble Shoal Lighted Buoy Branch of the Elizabeth River along 18. the western side of the west span of the Thimble Shoal South Auxiliary Channel Campostella Bridge, Norfolk, Virginia. consists of the waters in a rectangular (x) A line drawn across the Lafayette area 450 feet wide adjacent to the south River along the western side of the side of Thimble Shoal Channel, the Hampton Boulevard Bridge, Norfolk, northern boundary of which extends Virginia. from Thimble Shoal Channel Lighted (xi) A line drawn across Little Creek Bell Buoy 1TS, thence to Thimble along the eastern side of the Ocean Shoal Lighted Gong Buoy 17, thence to View Avenue (U.S. Route 60) Bridge, Thimble Shoal Lighted Buoy 19, thence Norfolk, Virginia. to Thimble Shoal Lighted Buoy 21. (c) This section applies (xii) A line drawn across Lynnhaven Applicability. 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. Coast Guard Patrol Commander is a (3) Surveying, maintenance, or im- Coast Guard commissioned, warrant or provement of waters in the Regulated petty officer who has been designated Navigation Area. by the Commander, Coast Guard Sector (d) Regulations—(1) Anchoring restric- Hampton Roads. tions. No vessel over 65 feet long may Designated representative of the Cap- anchor or moor in the inland waters of tain of the Port means a person, includ- the Regulated Navigation Area outside ing the duty officer at the Coast Guard an anchorage designated in § 110.168 of Sector Hampton Roads, the Joint Har- this title, with these exceptions: bor Operations Center watchstander, or (i) The vessel has the permission of the Coast Guard or Navy Patrol Com- the Captain of the Port. mander who has been authorized by the (ii) Only in an emergency, when un- Captain of the Port to act on his or her able to proceed without endangering behalf and at his or her request to the safety of persons, property, or the carry out such orders and directions as environment, may a vessel anchor in a needed. All patrol vessels shall display channel. the Coast Guard Ensign at all times (iii) A vessel may not anchor within when underway. the confines of Little Creek Harbor, I–664 Bridge Tunnel means the Mon- Desert Cove, or Little Creek Cove with- itor Merrimac Bridge Tunnel. out the permission of the Captain of Inland waters means waters within the Port. The Captain of the Port shall the COLREGS Line of Demarcation. consult with the Commander, Naval Thimble Shoal Channel consists of the Amphibious Base Little Creek, before waters bounded by a line connecting granting permission to anchor within Thimble Shoal Channel Lighted Bell this area. Buoy 1TS, thence to Thimble Shoal (2) Anchoring detail requirements. A Lighted Gong Buoy 17, thence to Thim- self-propelled vessel over 100 gross ble Shoal Lighted Buoy 19, thence to tons, which is equipped with an anchor Thimble Shoal Lighted Buoy 21, thence or anchors (other than a tugboat to Thimble Shoal Lighted Buoy 22, equipped with bow fenderwork of a thence to Thimble Shoal Lighted Buoy type of construction that prevents an 18, thence to Thimble Shoal Lighted anchor being rigged for quick release), Buoy 2, thence to the beginning. that is underway within two nautical

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miles of the CBBT or the I–664 Bridge other damage, may not enter the Regu- Tunnel shall station its personnel at lated Navigation Area without the per- locations on the vessel from which mission of the Captain of the Port. they can anchor the vessel without (ii) After entry. A vessel over 100 gross delay in an emergency. tons, which is underway in the Regu- (3) Secondary towing rig requirements lated Navigation Area, that has its on inland waters. (i) A vessel over 100 ability to maneuver become impaired gross tons may not be towed in the infor any reason, shall, as soon as pos- land waters of the Regulated Naviga- sible, report the impairment to the tion Area unless it is equipped with a Captain of the Port. secondary towing rig, in addition to its (6) Requirements for navigation charts, primary towing rig, that: radars, and pilots. No vessel over 100 (A) Is of sufficient strength for tow- gross tons may enter the Regulated ing the vessel. Navigation Area, unless it has on (B) Has a connecting device that can board: receive a shackle pin of at least two (i) Corrected charts of the Regulated inches in diameter. Navigation Area. Instead of corrected (C) Is fitted with a recovery pickup paper charts, warships or other vessels line led outboard of the vessel’s hull. owned, leased, or operated by the (ii) A tow consisting of two or more United States Government and used vessels, each of which is less than 100 only in government noncommercial gross tons, that has a total gross ton- service may carry electronic charting nage that is over 100 gross tons, shall and navigation systems that have met be equipped with a secondary towing the applicable agency regulations re- rig between each vessel in the tow, in garding navigation safety. addition to its primary towing rigs, while the tow is operating within this (ii) An operative radar during periods Regulated Navigation Area. The sec- of reduced visibility; ondary towing rig must: (iii) When in inland waters, a pilot or (A) Be of sufficient strength for tow- other person on board with previous ex- ing the vessels. perience navigating vessels on the (B) Have connecting devices that can waters of the Regulated Navigation receive a shackle pin of at least two Area. inches in diameter. (7) Emergency procedures. (i) Except as (C) Be fitted with recovery pickup provided in paragraph (d)(7)(ii) of this lines led outboard of the vessel’s hull. section, in an emergency any vessel (4) Thimble Shoals Channel controls. (i) may deviate from the regulations in A vessel drawing less than 25 feet may this section to the extent necessary to not enter the Thimble Shoal Channel, avoid endangering the safety of per- unless the vessel is crossing the chan- sons, property, or the environment. nel. Masters should consider the squat (ii) A vessel over 100 gross tons with of their vessel based upon vessel design an emergency that is located within and environmental conditions. Channel two nautical miles of the CBBT or I–664 crossings shall be made as perpen- Bridge Tunnel shall notify the Captain dicular to the channel axis as possible. of the Port of its location and the na- (ii) Except when crossing the chan- ture of the emergency, as soon as pos- nel, a vessel in the Thimble Shoal sible. North Auxiliary Channel shall proceed (8) Vessel speed limits—(i) Little Creek. in a westbound direction. A vessel may not proceed at a speed (iii) Except when crossing the chan- over five knots between the Route 60 nel, a vessel in the Thimble Shoal bridge and the mouth of Fishermans South Auxiliary Channel shall proceed Cove (Northwest Branch of Little in an eastbound direction. Creek). (5) Restrictions on vessels with impaired (ii) Southern Branch of the Elizabeth maneuverability—(i) Before entry. A ves- River. A vessel may not proceed at a sel over 100 gross tons, whose ability to speed over six knots between the junc- maneuver is impaired by heavy weath- tion of the Southern and Eastern er, defective steering equipment, defec- Branches of the Elizabeth River and tive main propulsion machinery, or the Norfolk and Portsmouth Belt Line

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Railroad Bridge between Chesapeake (f) Control of vessels within the regu- and Portsmouth, Virginia. lated navigation area. (1) When nec- (iii) Norfolk Harbor Reach. Nonpublic essary to prevent damage, destruction vessels of 300 gross tons or more may or loss of any vessel, facility or port in- not proceed at a speed over 10 knots be- frastructure, the Captain of the Port tween the Elizabeth River Channel may direct the movement of vessels or Lighted Gong Buoy 5 of Norfolk Harbor issue orders requiring vessels to anchor Reach (southwest of Sewells Point) at or moor in specific locations. approximately 36°58′00″ N, 076°20′00″ W, (2) If needed for the maritime, com- and gated Elizabeth River Channel mercial or security interests of the Lighted Buoys 17 and 18 of Craney Is- United States, the Captain of the Port land Reach (southwest of Norfolk may order a vessel to move from the International Terminal at approxi- location in which it is anchored to an- mately 36°54′17″ N, and 076°20′11″ W. other location within the Regulated (9) Port security requirements. Vessels Navigation Area. in excess of 300 gross tons, including (3) The master of a vessel within the tug and barge combinations in excess Regulated Navigation Area shall com- of 300 gross tons (combined), shall not ply with any orders or directions issued enter the Regulated Navigation Area, to the master’s vessel by the Captain of move within the Regulated Navigation the Port. Area, or be present within the Regu- lated Navigation Area, unless they [CGD05–02–099, 68 FR 35175, June 12, 2003, as comply with the following require- amended by USCG–2006–25150, 71 FR 39211, ments: July 12, 2006] (i) Obtain authorization to enter the Regulated Navigation Area from the § 165.502 Safety and Security Zone; Cove Point Liquefied Natural Gas designated representative of the Cap- Terminal, Chesapeake Bay, Mary- tain of the Port prior to entry. All ves- land. sels entering or remaining in the Regu- lated Navigation Area may be subject (a) Location. The following area is a to a Coast Guard boarding. safety and security zone: All waters of (ii) Ensure that no person who is not the Chesapeake Bay, from surface to a permanent member of the vessel’s bottom, encompassed by lines con- crew, or a member of a Coast Guard necting the following points, beginning boarding team, boards the vessel with- at 38°24′27″ N, 76°23′42″ W, thence to out a valid purpose and photo identi- 38°24′44″ N, 76°23′11″ W, thence to fication. 38°23′55″ N, 76°22′27″ W, thence to (iii) Report any departure from or 38°23′37″ N, 76°22′58″ W, thence to begin- movement within the Regulated Navi- ning at 38°24′27″ N, 76°23′42″ W. These gation Area to the designated rep- coordinates are based upon North resentative of the Captain of the Port American Datum (NAD) 1983. This area prior to getting underway. is 500 yards in all directions from the (iv) The designated representative of Cove Point LNG terminal structure. the Captain of the Port is the Sector (b) Regulations. (1) In accordance with Command Center (SCC)—Joint Harbor the general regulations in §§ 165.23 and Operations Center (JHOC) which shall 165.33 of this part, entry into or move- be contacted on VHF–FM channel 12, or ment within this zone is prohibited un- by calling (757) 668–5555. less authorized by the Coast Guard (v) In addition to the authorities list- Captain of the Port, Baltimore, Mary- ed in this part, this paragraph is pro- land or his designated representative. mulgated under the authority under 33 Designated representatives include any U.S.C. 1226. Coast Guard commissioned, warrant, or (e) Waivers. (1) The Captain of the petty officer. Port may, upon request, waive any reg- (2) Persons desiring to transit the ulation in this section. area of the zone may contact the Cap- (2) An application for a waiver must tain of the Port at telephone number state the need for the waiver and de- (410) 576–2693 or via VHF Marine Band scribe the proposed vessel operations. Radio Channel 16 (156.8 MHz) to seek

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permission to transit the area. If per- security zone in effect around a moored mission is granted, all persons and ves- vessel will be enforced by a law en- sels must comply with the instructions forcement agent shoreside, a law en- of the Captain of the Port or his des- forcement vessel waterside, or both. ignated representative. (5) Persons desiring to transit the (c) Enforcement. The U.S. Coast Guard area of the security zone within 100 may be assisted in the patrol and en- yards of a passenger vessel or vessel forcement of the zone by Federal, carrying a CDC must contact the COTP State, local, and private agencies. Hampton Roads on VHF-FM channel 16 [CGD05–03–023, 68 FR 75133, Dec. 30, 2003] (156.8 MHz) or telephone number (757) 668–5555 or (757) 484–8192 to seek permis- § 165.503 Security Zone; Captain of the sion to transit the area. All persons Port Hampton Roads Zone. and vessels must comply with the in- (a) Definitions. As used in this sec- structions of the COTP or the COTP’s tion— designated representative. Certain dangerous cargo or CDC means (d) Enforcement. The COTP will en- a material defined as CDC in 33 CFR 160.204. 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] Roads, Virginia to act on his or her behalf. § 165.504 Newport News Shipbuilding Passenger vessel means a vessel de- and Dry Dock Company Shipyard, fined as a passenger vessel in 46 CFR James River, Newport News, Va. part 70. (b) Location. All navigable waters of (a) Location. The following is a secu- the Captain of the Port Hampton rity zone: The waters of the James Roads zone (defined in 33 CFR 3.25–10) River encompassed by a line beginning within 500 yards around a passenger at the intersection of the shoreline vessel or vessel carrying a CDC, while with the northernmost property line of the passenger vessel or vessel carrying the Newport News Shipbuilding and CDC is transiting, moored or anchored. Dry Dock Co. at latitude 37°00′38.1″ N, (c) Regulations. (1) No vessel may ap- longitude 76°27′05.7″ W, thence south- proach within 500 yards of a passenger erly to latitude 36°59′58.4″ N, longitude vessel or vessel carrying a CDC within 76°27′16.7″ W, thence southeasterly to the Captain of the Port Hampton latitude 36°59′23.0″ N, longitude Roads zone, unless traveling at the 76°26′54.6″ W, thence westerly to lati- minimum speed necessary to navigate tude 36°59′21.5″ N, longitude 76°26′58.4″ safely. W, thence southeasterly to latitude (2) Under § 165.33, no vessel or person 36°59′12.9″ N, longitude 76°26′52.4″ W, may approach within 100 yards of a thence easterly to latitude 36°59′14.2″ N, passenger vessel or vessel carrying a longitude 76°26′49.1″ W, thence south- CDC within the Captain of the Port easterly to latitude 36°58′37.8″ N, lon- Hampton Roads zone, unless authorized gitude 76°26′26.3″ W, thence easterly to by the COTP Hampton Roads or his or latitude 36°58′43.5″ N, longitude her designated representative. 76°26′13.7″ W, thence northerly to the (3) The COTP Hampton Roads may notify the maritime and general public intersection of the shoreline with the by marine information broadcast of the southernmost property line of the New- periods during which individual secu- port News Shipbuilding and Dry Dock rity zones have been activated by pro- Co. at latitude 36°58′48.0″ N, longitude viding notice in accordance with 33 76°26′11.2″ W, thence northwesterly CFR 165.7. along the shoreline to the point of be- (4) A security zone in effect around a ginning. moving or anchored vessel will be en- (b) Security zone anchorage. The fol- forced by a law enforcement vessel. A lowing is a security zone anchorage:

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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 [CGD5 86–03, 51 FR 18322, May 19, 1986, as the following vessels or individuals on 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, (iv) Vessels that are performing work 076°26′18″ W, thence to 38°26′10″ N, at Newport News Shipbuilding and Dry 076°26′12″ W, thence to 38°26′21″ N, Dock Co., including the vessels of sub- 076°26′28″ W, thence to 38°26′14″ N, contractors and other vendors of New- 076°26′33″ W, thence to beginning at port News Shipbuilding and Dry Dock 38°26′06″ N, 076°26′18″ W. These coordi- Co. or other persons that have a con- nates are based upon North American tractual relationship with Newport Datum (NAD) 1983. News Shipbuilding and Dry Dock Co. (b) Regulations. (1) Entry into or re- (v) Vessels that are being built, remaining in this zone is prohibited un- built, repaired, or otherwise worked on less authorized by the Coast Guard at or by Newport News Shipbuilding Captain of the Port, Baltimore, Mary- and Dry Dock Co. or another person au- land. thorized to perform work at the ship- (2) Persons desiring to transit the yard. area of the security zone may contact (vi) Vessels that are authorized by the Captain of the Port at telephone Newport News Shipbuilding and Dry number 410–576–2693 or on VHF channel Dock Company to moor at and use its 16 (156.8 MHz) to seek permission to facilities. transit the area. If permission is grant- (vii) Commercial shellfish harvesting ed, all persons and vessels must comply vessels taking clams from the shellfish with the instructions of the Captain of beds within the zone, if the Port or his or her designated rep- (A) The owner of the vessel has pre- resentative. viously provided the Captain of the (c)Authority: In addition to 33 U.S.C. Port, Hampton Roads, Virginia, infor- 1231 and 50 U.S.C. 191, the authority for mation about the vessel, including: this section includes 33 U.S.C. 1226. (1) The name of the vessel; [CGD05–02–080, 68 FR 15053, Mar. 28, 2003] (2) The vessel’s official number, if documented, or state number, if num- § 165.506 Safety Zones; Fifth Coast bered by a state issuing authority; Guard District Fireworks Displays. (3) A brief description of the vessel, (a) Regulations. (1) The general regu- including length, color, and type of lations contained in 33 CFR 165.23 vessel; apply. (4) The name, Social Security num- (2) The following regulations apply to ber, current address, and telephone the fireworks safety zones listed in the

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

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

Number Date Location Regulated area

(a) Coast Guard Sector Delaware Bay—COTP Zone

1 ...... July 4th ...... North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 yard radius Bethany Beach, of the fireworks barge in approximate position latitude DE, Safety Zone. 38°32′08″ N, longitude 075°03′15″ W, adjacent to shoreline of Bethany Beach, DE. 2 ...... Labor Day ...... Indian River Bay, DE, All waters of the Indian River Bay within a 360 yard radius of the Safety Zone. fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W, about 700 yards east of Pots Net Point, DE. 3 ...... July 4th ...... North Atlantic Ocean, All waters of the Atlantic Ocean within a 360 yard radius of the Rehoboth Beach, fireworks barge in approximate position latitude 38°43′01.2″ N, DE, Safety Zone. longitude 075°04′21″ W, approximately 400 yards east of Re- hoboth Beach, DE. 4 ...... July 4th ...... North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 yard radius Avalon, NJ, Safety of the fireworks barge in approximate location latitude Zone. 39°05′31″ N, longitude 074°43′00″ W, in the vicinity of the shoreline at Avalon, NJ. 5 ...... July 4th, Sep- Barnegat Bay, Bar- The waters of Barnegat Bay within a 500 yard radius of the fire- tember—2nd Satur- negat Township, works barge in approximate position latitude 39°44′50″ N, lon- day. NJ, Safety Zone. gitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ. 6 ...... July 4th ...... North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 yard radius Cape May, NJ, of the fireworks barge in approximate location latitude Safety Zone. 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. 7 ...... July 3rd ...... Delaware Bay, North All waters of the Delaware Bay within a 500 yard radius of the Cape May, NJ, fireworks barge in approximate position latitude 38°58′00″ N, Safety Zone. longitude 074°58′30″ W. 8 ...... August—3rd Sunday Great Egg Harbor All waters within a 500 yard radius of the fireworks barge in ap- Inlet, Margate City, proximate location latitude 39°19′33″ N, longitude 074°31′28″ NJ, Safety Zone. W, on the Intracoastal Waterway near Margate City, NJ. 9 ...... July 4th, August Metedeconk River, The waters of the Metedeconk River within a 300 yard radius of every Thursday. Brick Township, the fireworks launch platform in approximate position latitude September—1st NJ, Safety Zone. 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Thursday. Brick Township, NJ. 10 ...... July—1st Friday ...... North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 yard radius Atlantic City, NJ, of the fireworks barge located at latitude 39°20′58″ N, longitude Safety Zone. 074°25′58″ W, near the shoreline at Atlantic City, NJ. 11 ...... July 4th, October— North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 yard radius 1st Saturday. Ocean City, NJ, of the fireworks barge in approximate location latitude Safety Zone. 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 the fire- Township, NJ, works barge in approximate position latitude 39°47′33″ N, lon- Safety Zone. gitude 074°10′46″ W. 13 ...... July 4th ...... Little Egg Harbor, All waters of Little Egg Harbor within a 500 yard radius of the fire- Parker Island, NJ, works barge in approximate position latitude 39°34′18″ N, lon- Safety Zone. gitude 074°14′43″ W, approximately 100 yards north of Parkers Island. 14 ...... September—3rd Sat- Delaware River, All waters of the Delaware River near Chester, PA just south of urday. Chester, PA, Safety the Commodore Barry Bridge within a 250 yard radius of the Zone. fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W. 15 ...... September—3rd Sat- Delaware River, All waters of the Delaware River near Essington, PA, west of Lit- urday. Essington, PA, tle Tinicum Island within a 250 yard radius of the fireworks Safety Zone. barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. 16 ...... July 4th, Columbus Delaware River, All waters of Delaware River, adjacent to Penns Landing, Phila- Day, December Philadelphia, PA, delphia, PA, bounded from shoreline to shoreline, bounded on 31st, January 1st. Safety Zone. the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge.

(b) Coast Guard Sector Baltimore—COTP Zone

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

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

Number Date Location Regulated area

2 ...... July 4th, December— Severn River and All waters of the Severn River and Spa Creek within an area 1st and 2nd Satur- Spa Creek, Annap- bounded by a line drawn from latitude 38°58′40″ N, longitude day, December olis, MD, Safety 076°28′49″ W; thence to latitude 38°58′26″ N, longitude 31st. Zone. 076°28′28″ W; thence to latitude 38°58′45″ N, longitude 076°28′07″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W, thence to latitude 38°58′57″ N, longitude 076°28′40″ W, located near the entrance to Spa Creek in An- napolis, Maryland. 3 ...... Saturday before Inde- Middle River, Balti- All waters of the Middle River within a 300 yard radius of the fire- pendence Day holi- more County, MD, works barge in approximate position latitude 39°17′45″ N, lon- day. Safety Zone. gitude 076°23′49″ W, approximately 300 yards east of Rock- away Beach, near Turkey Point. 4 ...... July 4th, December Patapsco River (Mid- All waters of the Patapsco River, Middle Branch, within an area 31st. dle Branch), Balti- bound by a line drawn from the following points: latitude more, MD, Safety 39°15′22″ N, longitude 076°36′36″ W; thence to latitude Zone. 39°15′10″ N, longitude 076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N, longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Hanover Street (SR–2) Bridge. 5 ...... June 14th, July 4th, Northwest Harbor All waters of the Patapsco River within a 300 yard radius of the September—2nd (East Channel), Pa- fireworks barge in approximate position 39°15′55″ N, Saturday, Decem- tapsco River, MD, 076°34′35″ W, located adjacent to the East Channel of North- ber 31st. Safety Zone. west Harbor. 6 ...... May—2nd or 3rd Baltimore Inner Har- All waters of the Patapsco River within a 100 yard radius of the Thursday or Friday, bor, Patapsco fireworks barge in approximate position latitude 39°17′01″ N, July 4th, December River, MD, Safety longitude 076°36′31″ W, located at the entrance to Baltimore 31st. Zone. Inner Harbor, approximately 125 yards southwest of pier 3. 7 ...... May—2nd or 3rd Baltimore Inner Har- The waters of the Patapsco River within a 100 yard radius of ap- Thursday or Friday, bor, Patapsco proximate position latitude 39°17′04″ N, longitude 076°36′36″ July 4th, December River, MD, Safety W, located in Baltimore Inner Harbor, approximately 125 yards 31st. Zone. southeast of pier 1. 8 ...... July 4th, December Northwest Harbor All waters of the Patapsco River within a 300 yard radius of the 31st. (West Channel) Pa- fireworks barge in approximate position latitude 39°16′21″ N, tapsco River, MD, longitude 076°34′38″ W, located adjacent to the West Channel Safety Zone. of Northwest Harbor. 9 ...... July 4th ...... Patuxent River, Cal- All waters of the Patuxent River within a 200 yard radius of the vert County, MD, fireworks barge located at latitude 38°19′17″ N, longitude Safety Zone. 076°27′45″ W, approximately 800 feet from shore at Solomons Island, MD. 10 ...... July 4th ...... Chester River, Kent All waters of the Chester River, within an area bound by a line Island Narrows, drawn from the following points: latitude 38°58′50″ N, longitude MD, Safety Zone. 076°15′00″ W; thence north to latitude 38°59′00″ N, longitude 076°15′00″ W; thence east to latitude 38°59′00″ N, longitude 076°14′46″ W; thence southeast to latitude 38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″ W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin, located approximately 900 yards north of Kent Island Narrows (US–50/301) Bridge. 11 ...... July 3rd ...... Chesapeake Bay, All waters of the Chesapeake Bay within a 150 yard radius of the Chesapeake fireworks barge in approximate position latitude 38°41′36″ N, Beach, MD, Safety longitude 076°31′30″ W, and within a 150 yard radius of the Zone. fireworks barge in approximate position latitude 38°41′28″ N, longitude 076°31′29″ W, located near Chesapeake Beach, Maryland. 12 ...... July 4th ...... Choptank River, All waters of the Choptank River within a 300 yard radius of the Cambridge, MD, fireworks launch site at Great Marsh Point, located at latitude Safety Zone. 38°35′06″ N, longitude 076°04′46″ W. 13 ...... July—2nd or 3rd Sat- Potomac River, All waters of the Potomac River within a 300 yard radius of the urday and last Sat- Charles County, fireworks barge in approximate position latitude 38°20′05″ N, urday. MD, Safety Zone. longitude 077°15′00″ W, approximately 500 yards north of the shoreline at Fairview Beach, Virginia. 14 ...... May—last Saturday. Potomac River, All waters of the Potomac River within an area bound by a line July 4th. Charles County, drawn from the following points: latitude 38°42′30″ N, longitude MD—Mount 077°04′47″ W; thence to latitude 38°42′18″ N, longitude Vernon, Safety 077°04′42″ W; thence to latitude 38°42′11″ N, longitude Zone. 077°05′10″ W; thence to latitude 38°42′22″ N, longitude 077°05′12″ W; located at the Mount Vernon Estate, in Fairfax County, Virginia.

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

Number Date Location Regulated area

15 ...... October—1st Satur- Dukeharts Channel, All waters of the Potomac River within a 300 yard radius of the day. Potomac River, fireworks barge in approximate position latitude 38°13′27″ N, MD, Safety Zone. longitude 076°44′48″ W, located adjacent to Dukeharts Chan- nel near Coltons Point, Maryland. 16 ...... July—Day before Potomac River, Na- All waters of the Potomac River within an area bound by a line Independence Day tional Harbor, MD, drawn from the following points: latitude 38°47′13″ N, longitude holiday. Novem- Safety Zone. 077°00′58″ W; thence to latitude 38°46′51″ N, longitude ber—3rd Thursday, 077°01′15″ W; thence to latitude 38°47′25″ N, longitude 3rd Saturday and 077°01′33″ W; thence to latitude 38°47′32″ N, longitude last Friday. Decem- 077°01′08″ W; thence to the point of origin, located at National ber—1st, 2nd and Harbor, Maryland. 3rd Friday. 17 ...... July 4th, Sep- Susquehanna River, All waters of the Susquehanna River within a 150 yard radius of tember—last Satur- Havre de Grace, the fireworks barge in approximate position latitude 39°32′42″ day. MD, Safety Zone. N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at Havre de Grace, MD. 18 ...... June and July—Sat- Miles River, St. Mi- All waters of the Miles River within a 200 yard radius of approxi- urday before Inde- chaels, MD, Safety mate position latitude 38°47′42″ N, longitude 076°12′51″ W, lo- pendence Day holi- Zone. cated at the entrance to Long Haul Creek. day. 19 ...... June and July—Sat- Tred Avon River, Ox- All waters of the Tred Avon River within a 150 yard radius of the urday or Sunday ford, MD, Safety fireworks barge in approximate position latitude 38°41′24″ N, before Independ- Zone. longitude 076°10′37″ W, approximately 500 yards northwest of ence Day holiday. the waterfront at Oxford, MD. 20 ...... July 3rd ...... Northeast River, All waters of the Northeast River within a 300 yard radius of the North East, MD, fireworks barge in approximate position latitude 39°35′26″ N, Safety Zone. longitude 075°57′00″ W, approximately 400 yards south of North East Community Park. 21 ...... June—2nd or 3rd Upper Potomac All waters of the Upper Potomac River within a 300 yard radius of Saturday. July— River, Alexandria, the fireworks barge in approximate position 38°48′37″ N, 1st, 2nd or 3rd Sat- VA, Safety Zone. 077°02′02″ W, located near the waterfront of Alexandria, Vir- urday. Sep- ginia. tember—1st or 2nd Saturday. 22 ...... March through Octo- Anacostia River, All waters of the Anacostia River within a 150 yard radius of the ber, at the conclu- Washington, DC, fireworks barge in approximate position latitude 38°52′13″ N, sion of evening Safety Zone. longitude 077°00′16″ W, located near the Washington Nation- MLB games at als Ball Park. Washington Nation- als Ball Park. 23 ...... June—last Saturday. Potomac River, All waters of the Potomac River within a 200 yard radius of the July—3rd, 4th or Prince William fireworks barge in approximate position latitude 38°34′07″ N, last Saturday or County, VA, Safety longitude 077°15′32″ W, located near Cherry Hill, Virginia. Sunday. Zone. 26 ...... June 16th, July 4th, Northwest Harbor All waters of the Patapsco River within a 200 yards radius of the September—2nd (East Channel), Pa- fireworks barge in approximate position 39°15′54″ N, Saturday, Decem- tapsco River, MD, 076°34′40″ W, located adjacent to the East Channel of North- ber 31st. Safety Zone. west Harbor. 27 ...... July 3rd ...... Tred Avon River, Ox- All waters of the Tred Avon River within a 150 yard radius of the ford, MD, Safety fireworks barge in approximate position latitude 38°41′24″ N, Zone. longitude 076°10′37″ W, approximately 500 yards northwest of the waterfront at Oxford, MD.

1 ...... July 4th ...... North Atlantic Ocean, All waters of the Atlantic Ocean in an area bound by the following Ocean City, MD, points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; Safety Zone. 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. 2 ...... May—4th Sunday. Isle of Wight Bay, All waters of Isle of Wight Bay within a 350 yard radius of the June—3rd Monday, Ocean City, MD, fireworks barge in approximate position latitude 38°22′32″ N, and June 29th, July Safety Zone. longitude 075°04′30″ W. 4th, August—1st and 4th Sunday, September—1st and 4th Sunday.

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

Number Date Location Regulated area

3 ...... July 4th ...... Assawoman Bay, All waters of Assawoman Bay within a 360 yard radius of the fire- Fenwick Island— works launch location on the pier at the West end of Northside Ocean City, MD, Park, in approximate position latitude 38°25′57.6″ N, longitude Safety Zone. 075°03′55.8″ W. 4 ...... July 4th ...... Broad Bay, Virginia All waters of the Broad Bay within a 400 yard radius of the fire- Beach, VA, Safety works display in approximate position latitude 36°52′08″ N, lon- Zone. gitude 076°00′46″ W, located on the shoreline near the Cava- lier Golf and Yacht Club, Virginia Beach, Virginia. 5 ...... October—1st Friday .. York River, West All waters of the York River near West Point, VA within a 400 Point, VA, Safety yard radius of the fireworks display located in approximate po- Zone. sition latitude 37°31′25″ N, longitude 076°47′19″ W. 6 ...... July 4th ...... York River, Yorktown, All waters of the York River within a 400 yard radius of the fire- VA, Safety Zone. works display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia. 7 ...... July 4th ...... Chincoteague Chan- All waters of the Chincoteague Channel within a 360 yard radius nel, Chincoteague, of the fireworks launch location at the Chincoteague carnival VA, Safety Zone. waterfront in approximate position latitude 37°55′40.3″ N, longitude 075°23′10.7″ W, approximately 900 yards southwest of Chincoteague Swing Bridge. 8 ...... May—1st Friday, July James River, New- All waters of the James River within a 325 yard radius of the fire- 4th. port News, VA, works barge in approximate position latitude 36°58′30″ N, lon- Safety Zone. gitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, Newport News, Virginia. 9 ...... July 9th ...... Chesapeake Bay, All waters of the Chesapeake Bay within a 350 yard radius of ap- Hampton, VA, proximate position latitude 37°02′23″ N, longitude 076°17′22″ Safety Zone. W, located near Buckroe Beach. 10 ...... June—4th Friday, Chesapeake Bay, All waters of the Chesapeake Bay within a 400 yard radius of the July—1st Friday, Norfolk, VA, Safety fireworks display located in position latitude 36°57′21″ N, lon- July 4th. Zone. gitude 076°15′00″ W, located near Ocean View Fishing Pier. 11 ...... July 4th ...... Chesapeake Bay, Vir- All waters of the Chesapeake Bay 400 yard radius of the fire- ginia Beach, VA, works display in approximate position latitude 36°55′02″ N, lon- Safety Zone. gitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia. 12 ...... Memorial Day, Elizabeth River, All waters of the Elizabeth River Southern Branch in an area June—1st and 2nd Southern Branch, bound by the following points: latitude 36°50′54.8″ N, longitude Friday, Saturday Norfolk, VA, Safety 076°18′10.7″ W; thence to latitude 36°51′7.9″ N, longitude and Sunday. July Zone. 076°18′01″ W; thence to latitude 36°50′45.6″ N, longitude 4th, November— 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, longitude 4th Saturday, De- 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude cember—1st Satur- 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude day and December 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 31st, January—1st. 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin. 13 ...... May—2nd Saturday, Appomattox River, All waters of the Appomattox River within a 400 yard radius of September—1st Hopewell, VA, the fireworks barge in approximate position latitude 37°19′11″ Saturday and Sun- Safety Zone. N, longitude 077°16′55 ″ W. day, December— 1st Saturday. 14 ...... July—3rd Saturday ... John H. Kerr Res- All waters of John H. Kerr Reservoir within a 400 yard radius of ervoir, Clarksville, approximate position latitude 36°37′51″ N, longitude 078°32′50″ VA, Safety Zone. W, located near the center span of the State Route 15 High- way Bridge. 15 ...... May, June, July, Au- North Atlantic Ocean, All waters of the Atlantic Ocean within a 1000 yard radius of the gust, September, Virginia Beach, VA, center located near the shoreline at approximate position lati- October—every Safety Zone. A. tude 36°51′12″ N, longitude 075°58′06″ W, located off the Wednesday, Fri- beach between 17th and 31st streets. day, Saturday and Sunday, July 4th. 16 ...... September—last Sat- North Atlantic Ocean, All waters of the Atlantic Ocean within a 350 yard radius of ap- urday or October— VA Beach, VA, proximate position latitude 36°50′35″ N, longitude 075°58′09″ 1st Saturday. Safety Zone. B. W, located on the 14th Street Fishing Pier. 17 ...... Friday, Saturday, North Atlantic Ocean, All waters of the Atlantic Ocean within a 350 yard radius of ap- Sunday and Mon- VA Beach, VA, proximate position latitude 36°49′55″ N, longitude 075°58′00″ day—Labor Day Safety Zone. C. W, located off the beach between 2nd and 6th streets. Weekend. 18 ...... July 4th ...... Nansemond River, All waters of the Nansemond River within a 350 yard radius of Suffolk, VA, Safety approximate position latitude 36°44′27″ N, longitude 076°34′42″ Zone. W, located near Constant’s Wharf in Suffolk, VA.

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

Number Date Location Regulated area

19 ...... February—4th Satur- Chickahominy River, All waters of the Chickahominy River within a 400 yard radius of day, July 4th. Williamsburg, VA, the fireworks display in approximate position latitude 37°14′50″ Safety Zone. N, longitude 076°52′17″ W, near Barrets Point, Virginia. 20 ...... July 4th ...... James River, Wil- All waters of the James River within a 350 yard radius of approxi- liamsburg, VA, mate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, Safety Zone. located near Kingsmill Resort. 21 ...... July—3rd, 4th and Great Wicomico All waters of the Great Wicomico River located within a 420 foot 5th. River, Mila, VA, radius of the fireworks display at approximate position latitude Safety Zone. 37°50′31″ N, longitude 076°19′42″ W near Mila, Virginia. 22 ...... July—1st Friday, Sat- Cockrell’s Creek, All waters of Cockrell’s Creek located within a 420 foot radius of urday and Sunday. Reedville, VA, the fireworks display at approximate position latitude 37°49′54″ Safety Zone. N, longitude 076°16′44″ W near Reedville, Virginia.

(d) Coast Guard Sector North Carolina—COTP Zone

1 ...... July 4th, October— Morehead City Har- All waters of the Morehead City Harbor Channel that fall within a 1st Friday. bor Channel, NC, 360 yard radius of latitude 34°43′01″ N, longitude 076°42′59.6″ Safety Zone. W, a position located at the west end of Sugar Loaf Island, NC. 2 ...... April—2nd Saturday, Cape Fear River, Wil- All waters of the Cape Fear River within an area bound by a line July 4th, August— mington, NC, Safe- drawn from the following points: latitude 34°13′54″ N, longitude 3rd Monday, Octo- ty Zone. 077°57′06″ W; thence northeast to latitude 34°13′57″ N, lon- ber—1st Friday. gitude 077°57′05″ W; thence north to latitude 34°14′11″ N, longitude 077°57′07″ W; thence northwest to latitude 34°14′22″ N, longitude 077°57′19″ W; thence east to latitude 34°14′22″ N, longitude 077°57′06″ W; thence southeast to latitude 34°14′07″ N, longitude 077°57′00″ W; thence south to latitude 34°13′54″ N, longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge. 3 ...... July 4th ...... Green Creek and All waters of Green Creek and Smith Creek that fall within a 300 Smith Creek, Ori- yard radius of the fireworks launch site at latitude 35°01′29.6″ ental, NC, Safety N, longitude 076°42′10.4″ W, located near the entrance to the Zone. Neuse River in the vicinity of Oriental, NC. 4 ...... July 4th ...... Pasquotank River, All waters of the Pasquotank River within a 300 yard radius of the Elizabeth City, NC, fireworks launch site in approximate position latitude 36°18′00″ Safety Zone. N, longitude 076°13′00″ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. 5 ...... July 4th ...... Currituck Sound, Co- All waters of the Currituck Sound within a 300 yard radius of the rolla, NC, Safety fireworks barge in approximate position latitude 36°22′48″ N, Zone. longitude 075°51′15″ W. 6 ...... July 4th, November— Middle Sound, Figure All waters of the Figure Eight Island Causeway Channel from lati- 3rd Saturday. Eight Island, NC, tude 34°16′32″ N, longitude 077°45′32″ W, thence east along Safety Zone. the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin. 7 ...... June—2nd Saturday, Pamlico River, Wash- All waters of the Pamlico River that fall within a 300 yard radius July—1st Saturday ington, NC, Safety of the fireworks launch site at latitude 35°32′27″ N, longitude after July 4th. Zone. 077°03′40.5″ W, located 500 yards north of Washington railroad trestle bridge. 8 ...... July 4th ...... Neuse River, New All waters of the Neuse River within a 360 yard radius of the fire- Bern, NC, Safety works barge in approximate position latitude 35°06′07.1″ N, Zone. longitude 077°01′35.8″ W; located 420 yards north of the New Bern, Twin Span, high rise bridge. 9 ...... July 4th ...... Edenton Bay, All waters within a 300 yard radius of position latitude 36°03′04″ Edenton, NC, Safe- N, longitude 076°36′18″ W, approximately 150 yards south of ty Zone. the entrance to Queen Anne Creek, Edenton, NC. 10 ...... July 4th, November— Motts Channel, Banks All waters of Motts Channel within a 500 yard radius of the fire- Saturday following Channel, works launch site in approximate position latitude 34°12′29″ N, Thanksgiving. Wrightsville Beach, longitude 077°48′27″ W, approximately 560 yards south of Sea NC, Safety Zone. Path Marina, Wrightsville Beach, NC. 11 ...... July 4th ...... Cape Fear River, All waters of the Cape Fear River within a 600 yard radius of the Southport, NC, fireworks barge in approximate position latitude 33°54′40″ N, Safety Zone. longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC. 12 ...... July 4th ...... Big Foot Slough, All waters of Big Foot Slough within a 300 yard radius of the fire- Ocracoke, NC, works launch site in approximate position latitude 35°06′54″ N, Safety Zone. longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC.

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

Number Date Location Regulated area

13 ...... August—1st Tuesday New River, Jackson- All waters of the New River within a 300 yard radius of the fire- ville, NC, Safety works launch site in approximate position latitude 34°44′45″ N, Zone. longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. 14 ...... June 8, 2012, July 4, Pamlico River and All waters of Pamlico River and Tar River within a 300 yard ra- 2012. Tar River, Wash- dius of latitude 35°32′25″ N, longitude 077°03′42″ W, a position ington, NC, Safety located on the southwest shore of the Pamlico River, Wash- Zone. ington, NC.

[USCG–2011–0118, 77 FR 16932, Mar. 23, 2012] more to seek permission to transit the EFFECTIVE DATE NOTE 1: By USCG–2012– area. The Captain of the Port, Balti- 0097, 77 FR 31185, May 25, 2012, under ‘‘(d) more, Maryland can be contacted at Coast Guard Sector North Carolina—COTP telephone number (410) 576–2693. The Zone,’’ entry 14 was added, effective from Coast Guard vessels enforcing this sec- June 8, 2012 until July 5, 2012. tion can be contacted on VHF Marine EFFECTIVE DATE NOTE 2: By USCG–2012– Band Radio, VHF channel 16 (156.8 0251, 77 FR 35857, June 16, 2012, under ‘‘(b) MHz). Upon being hailed by a U.S. Coast Guard Sector Baltimore—COTP Zone,’’ Coast Guard vessel by siren, radio, entrie 5 and 21 were suspended and entries 26 flashing light, or other means, the op- and 27 were added, effective from 8 p.m. on erator of a vessel shall proceed as di- June 16, 2012 until 10:30 p.m. on July 3, 2012. rected. If permission is granted, all per- § 165.507 Security Zone; Chesapeake sons and vessels must comply with the Bay, between Sandy Point and Kent instructions of the Captain of the Port, Island, MD. Baltimore, Maryland and proceed at (a) Definitions. The Captain of the the minimum speed necessary to main- Port, Baltimore, Maryland means the tain a safe course while within the Commander, Coast Guard Sector Balti- zone. more, Maryland or any Coast Guard (d) Enforcement. The U.S. Coast commissioned, warrant, or petty offi- Guard may be assisted in the patrol cer who has been authorized by the and enforcement of the zone by Fed- Captain of the Port, Baltimore, Mary- eral, State, and local agencies. land to act on his or her behalf. (e) Enforcement period. This section (b) Location. The following area is a will be enforced annually on the first security zone: All waters of the Chesa- Sunday in May from 7 a.m. to 5 p.m. peake Bay, from the surface to the bot- local time. tom, within 250 yards north of the [CGD05–06–104, 72 FR 14422, Mar. 28, 2007] north (westbound) span of the William P. Lane Jr. Memorial Bridge, and 250 § 165.508 Security Zone; Georgetown yards south of the south (eastbound) Channel, Potomac River, Wash- span of the William P. Lane Jr. Memo- ington, DC. rial Bridge, from the western shore at (a) Definitions. (1) The Captain of the Sandy Point to the eastern shore at Port, Baltimore, Maryland means the Kent Island, Maryland. Commander, Coast Guard Sector Balti- (c) Regulations. (1) All persons are re- more, Maryland or any Coast Guard quired to comply with the general reg- commissioned, warrant, or petty offi- ulations governing security zones cer who has been authorized by the found in § 165.33 of this part. Captain of the Port, Baltimore, Mary- (2) Entry into or remaining in this land to act on his or her behalf. zone is prohibited unless authorized by (b) Location. The following area is a the Coast Guard Captain of the Port, security zone: All waters of the George- Baltimore, Maryland. town Channel of the Potomac River, (3) Persons or vessels requiring entry from the surface to the bottom, 75 into or passage through the security yards from the eastern shore measured zone must first request authorization perpendicularly to the shore, between from the Captain of the Port, Balti- the Long Railroad Bridge (the most

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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, ulations governing security zones 076°28′50.0″ W, located on the Naval found in § 165.33 of this part. Academy waterfront. This security (2) Entry into or remaining in this zone includes the waters of College zone is prohibited unless authorized by Creek eastward of the King George the Coast Guard Captain of the Port, Street Bridge (NAD 1983). Baltimore, Maryland. (c) Regulations. (1) The general regu- (3) Persons or vessels requiring entry lations governing security zones found into or passage through the security in § 165.33 apply to the security zone de- zone must first request authorization scribed in paragraph (b) of this section. from the Captain of the Port, Balti- (2) Entry into or remaining in this more to seek permission to transit the zone is prohibited unless authorized by area. The Captain of the Port, Balti- the Coast Guard Captain of the Port, more, Maryland can be contacted at Baltimore, Maryland. telephone number (410) 576–2693. The (3) Persons or vessels requiring entry Coast Guard vessels enforcing this sec- into or passage through the security tion can be contacted on VHF Marine zone must first request authorization Band Radio, VHF channel 16 (156.8 from the Captain of the Port, Balti- MHz). Upon being hailed by a U.S. more to seek permission to transit the Coast Guard vessel by siren, radio, area. The Captain of the Port, Balti- flashing light, or other means, the op- more, Maryland can be contacted at erator of a vessel shall proceed as di- telephone number (410) 576–2693. The rected. If permission is granted, all per- Coast Guard vessels enforcing this sec- sons and vessels must comply with the tion can be contacted on Marine Band instructions of the Captain of the Port, Radio VHF channel 16 (156.8 MHz). Baltimore, Maryland and proceed at Upon being hailed by a U.S. Coast the minimum speed necessary to main- Guard vessel by siren, radio, flashing tain a safe course while within the light, or other means, the operator of a zone. vessel shall proceed as directed. If per- (d) Enforcement. The U.S. Coast mission is granted, all persons and ves- Guard may be assisted in the patrol sels must comply with the instructions and enforcement of the zone by Fed- of the Captain of the Port, Baltimore, eral, State, and local agencies. Maryland and proceed at the minimum (e) Enforcement period. This section speed necessary to maintain a safe will be enforced from 12:01 a.m. to 11:59 course while within the zone. p.m. local time annually on July 4. (d) Enforcement. The U.S. Coast [CGD05–06–105, 72 FR 15836, Apr. 3, 2007] Guard may be assisted in the patrol and enforcement of the zone by Fed- § 165.509 Security Zone; Severn River eral, State, and local agencies. and College Creek, Annapolis, MD. (e) Enforcement period. This section (a) Definitions. For purposes of this will be enforced annually on the Friday section, the Captain of the Port, Balti- before the Memorial Day holiday in more, Maryland means the Commander, May from 7:30 a.m. to 2 p.m. local time. Coast Guard Sector Baltimore, Mary- [CGD05–06–112, 72 FR 24188, May 2, 2007] land or any Coast Guard commissioned, warrant, or petty officer who has been § 165.510 Delaware Bay and River, authorized by the Captain of the Port, Salem River, Christina River and Baltimore, Maryland to act on his or Schuylkill River-Regulated Naviga- her behalf. tion Area. (b) Location. The following area is a (a) Regulated Navigation Area. The fol- security zone: All waters of the Severn lowing is a Regulated Navigation Area: River, from shoreline to shoreline, The navigable waters of Delaware Bay

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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 north by a line drawn across the Dela- must include any outstanding defi- ware River between Trenton, NJ and ciencies identified by the vessel’s flag Morrisville, PA along the southern side state or classification society; of the U.S. Route 1 Bridge. (2) Not enter, get or remain under- (b) Definitions. As used in this sec- way within the regulated navigation tion: area if visibility is or is expected to be COTP means the Captain of the Port, less than two (2) miles. If during the Delaware Bay and any Coast Guard transit visibility becomes less than two commissioned, warrant or petty officer (2) miles, the vessel must seek safe an- who has been authorized by the COTP chorage and notify the COTP imme- to act on his or her behalf. diately; Dangerous Cargo means those cargoes (3) Not anchor in any area within the listed in § 160.203 of this chapter when regulated navigation area unless in carried in bulk, but does not include times of emergency or with COTP per- cargoes listed in table 1 of 46 CFR part mission; 153. (4) Not transfer dangerous cargo Underway means that a vessel is not while the vessel is at anchor or bun- at anchor, made fast to the shore, or kering; aground. (5) Maintain a manned watch in the (c) Applicability. This section applies steering compartment whenever the to any vessel operating within the Reg- vessel is underway within the regu- ulated Navigation Area, including a lated navigation area unless the vessel naval or public vessel, except a vessel has two separate and independent engaged in: steering control systems with dupli- (1) Law enforcement; cate pilothouse steering gear control (2) Servicing aids to navigation; or systems which meet the requirements (3) Surveying, maintaining, or im- of 46 CFR 58.25–70; proving waters within the Regulated (6) When anchored within the regu- Navigation Area. lated navigation area and: (d) Draft limitation. Unless otherwise (i) Sustained winds are greater than authorized by the COTP, no vessel with 25 knots but less than 40 knots, ensure a draft greater than 55 feet may enter the main engines are ready to provide this regulated navigation area. full power in five minutes or less; and NOTE: The project depth in many areas of (ii) Sustained winds are 40 knots or the Regulated Navigation Area is less than over, ensure that the main engines are 55 feet. on line to immediately provide propul- (e) Oil transfer operations. Unless oth- sion; erwise authorized by the COTP, no ves- (7) While moored within the regu- sel to vessel oil transfer operations, ex- lated navigation area, ensure that at cluding bunkering, may be conducted least two wire cable mooring lines within the area between the southern (firewarps) are rigged and ready for use boundary of this regulated navigation as emergency towing hookups fore and area and the southern span of the Dela- aft on the outboard side of the vessel; ware Memorial Bridge except within (8) While underway or anchored with- the anchorage ground designated in in the regulated navigation area, en- 110.157(a)(1) of this chapter. sure that at least two wire cable moor- (f) Requirements for vessels carrying ing lines (firewarps) are rigged and dangerous cargoes. The master, owner, ready for use as emergency towing or operator of a vessel carrying a dan- hookups fore and aft on the vessel; and, gerous cargo shall: (9) Proceed as directed by the COTP.

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(g) Requirements for vessels operating § 165.511 Security Zone; Atlantic in the vicinity of a vessel carrying dan- Ocean, Chesapeake & Delaware gerous cargoes. (1) Except for a vessel Canal, Delaware Bay, Delaware that is attending a vessel carrying dan- River and its tributaries. gerous cargo with permission from the (a) Location. A 500-yard radius around master of the vessel carrying dan- escorted passenger vessels in the Cap- gerous cargo or a vessel that is an- tain of the Port, Delaware Bay zone as chored or moored at a marina, wharf, defined in 33 CFR 3.25–05. or pier, and which remains moored or (b) Regulations. (1) All persons are re- at anchor, no vessel may, without the quired to comply with the general reg- permission of the COTP: ulations governing security zones in (i) Come or remain within 500 yards § 165.33 of this part. of the port or starboard side or within (2) All persons or vessels operating at 1,000 yards of the bow or stern of an un- the minimum safe speed necessary to derway vessel that is carrying dan- maintain navigation may transit with- gerous cargo; or in 500 yards of an escorted passenger (ii) Come or remain within 100 yards vessel without the permission of the of a moored or anchored vessel car- Captain of the Port Delaware Bay, PA rying dangerous cargo. or designated representative while the (2) The master, owner, or operator of escorted passenger vessel is in the Cap- any vessel receiving permission under tain of the Port Delaware Bay zone. paragraph (g)(1) of this section shall: (3) No person or vessel may transit or (i) Maintain a continuous radio guard remain within 100 yards of an escorted on VHF-FM channels 13 and 16; passenger vessel without the permis- (ii) Operate at ‘‘no wake’’ speed or sion of the Captain of the Port Dela- the minimum speed needed to maintain ware Bay or designated representative steerage; and while the passenger vessel is in the (iii) Proceed as directed by the Captain of the Port Philadelphia zone. COTP. (4) Any person or vessel authorized to (3) No vessel may overtake a vessel enter the security zone must operate in carrying dangerous cargoes unless the strict conformance with any directions overtaking can be completed before given by the Captain of the Port Dela- reaching any bend in the channel. Be- ware Bay or designated representative fore any overtaking, the pilots, mas- and leave the security zone imme- ters or operators of both the over- diately if the Captain of the Port Dela- taking vessel and the vessel being over- ware Bay or designated representative taken must clearly agree on the cir- so orders. cumstances of the overtaking, includ- (5) When an escorted passenger vessel ing vessel speeds, time and location of approaches within 100 yards of any ves- overtaking. sel that is moored or anchored, the stationary vessel must stay moored or an- (h) Additional restrictions above the chored while it remains within 100 C&D Canal. When operating on the yards of the passenger vessel unless it Delaware River above the C&D Canal: is either ordered by or given permis- (1) A vessel carrying dangerous cargo sion by the Captain of the Port, Dela- must be escorted by at least one com- ware Bay or designated representative mercial tug; and to do otherwise. (2) Meeting situations shall be avoid- (6) The Coast Guard designated rep- ed on river bends to the maximum ex- resentative enforcing this section can tent possible. be contacted on VHF Marine Band (i) The COTP will issue a Broadcast Radio, channels 13 and 16. The Captain Notice to Mariners to inform the ma- of the Port can be contacted at (215) rine community of scheduled vessel 271–4807. movements during which the restric- (c) Maneuver-restricted vessels. When tions imposed by paragraphs (g) and (h) conditions permit, the Captain of the of this section will be in effect. Port or designated representative [CGD 05–96–010, 62 FR 40275, July 28, 1997, as should: amended by USCG–2000–7223, 65 FR 40058, (1) Permit vessels constrained by June 29, 2000] their navigational draft or restricted in

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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 their ability to maneuver that must the Captain of the Port, Baltimore, transit via a navigable channel or wa- Maryland. terway to pass within 100 yards of an (3) Persons or vessels requiring entry anchored passenger vessel. into or passage through the moving (d) Definitions. As used in this sec- safety zone must first request author- tion— ization from the Captain of the Port, Captain of the Port means the Com- Baltimore, Maryland to seek permis- manding Officer of the Coast Guard sion to transit the area. The Captain of Sector Delaware Bay or any Coast the Port, Baltimore, Maryland can be Guard commissioned, warrant, or petty contacted at telephone number (410) officer who has been authorized by the 576–2693. The Coast Guard vessels en- Captain of the Port to act as a des- forcing this section can be contacted on Marine Band Radio VHF Channel 16 ignated representative on his behalf. (156.8 MHz). Upon being hailed by a Escort means assets (surface or air) U.S. Coast Guard vessel by siren, radio, with the Coast Guard insignia that ac- flashing light, or other means, the per- company and protect the escorted ves- son or vessel shall proceed as directed. sel, armed with crew-served weapons If permission is granted, all persons or that are manned and ready. vessels must comply with the instruc- Passenger vessels means vessels great- tions of the Captain of the Port, Balti- er than 100 feet in length, over 100 gross more, Maryland, and proceed at the tons that are authorized to carry 500 or minimum speed necessary to maintain more passengers, making voyages last- a safe course while within the zone. ing more than 24 hours, except for fer- (d) Enforcement. The U.S. Coast ries. Guard may be assisted in the patrol [CGD05–04–047, 69 FR 56697, Sept. 22, 2004] and enforcement of the zone by Fed- eral, State and local agencies. § 165.512 Safety Zone; Patapsco River, (e) Enforcement period. This section Northwest and Inner Harbors, Bal- will be enforced from 2 p.m. through 7 timore, MD. p.m. local time, annually, on the Fri- (a) Definitions. For the purposes of day following Labor Day. this section: [CGD05–07–010, 72 FR 34624, June 25, 2007] (1) Captain of the Port, Baltimore, Maryland means the Commander, Coast § 165.513 Safety Zone; Magothy River, Guard Sector Baltimore or any Coast Sillery Bay, MD. Guard commissioned, warrant, or petty (a) Regulated area. The following area officer who has been authorized by the is a safety zone: All waters of the Mag- Captain of the Port, Baltimore, Mary- othy River, in Sillery Bay, contained land to act on his or her behalf. within lines connecting the following (2) USS CONSTELLATION ‘‘turn- positions: From position latitude around’’ participants means the USS 39°04′40″ N, longitude 076°27′44″ W; CONSTELLATION, its support craft thence to position latitude 39°04′48″ N, and the accompanying towing vessels. longitude 076°27′19″ W; thence to posi- (b) Location. The following area is a tion latitude 39°04′59″ N, longitude moving safety zone: All waters, from 076°27′45″ W; thence to position latitude surface to bottom, within 200 yards 39°04′59″ N, longitude 076°28′01″ W; ahead of or 100 yards outboard or aft of thence to position latitude 39°04′41″ N, the historic sloop-of-war USS CON- longitude 076°27′51″ W; thence to the STELLATION, while operating in the point of origin at position latitude Inner Harbor, the Northwest Harbor 39°04′40″ N, longitude 076°27′44″ W. All and the Patapsco River. coordinates reference Datum NAD 1983.

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(b) Definitions. As used in this sec- p.m. on the fourth Saturday in July an- tion: nually. (1) Captain of the Port Baltimore [USCG–2012–0001, 77 FR 24840, Apr. 26, 2012] means the Commander, U.S. Coast Guard Sector Baltimore, Maryland. § 165.514 Safety Zone: Atlantic Intra- (2) Designated representative means coastal Waterway and connecting any Coast Guard commissioned, war- waters, vicinity of Marine Corps rant, or petty officer who has been au- Base Camp Lejeune, North Caro- lina. thorized by the Captain of the Port Baltimore to assist in enforcing the (a) Location. The following area is a safety zone described in paragraph (a) safety zone: All waters of the Atlantic of this section. Intracoastal Waterway (AICW) and (c) Regulations. (1) All persons are re- connecting waters, from Bogue quired to comply with the general reg- Sound—New River Daybeacon 58 (LLNR 39210) at approximate position ulations governing safety zones found 34°37′57″ North, 077°12′18″ West, and con- in 33 CFR 165.23. tinuing in the AICW southwest to (2) All vessels and persons are prohib- Bogue Sound—New River Daybeacon 70 ited from entering and accessing this (LLNR 39290) at approximate position safety zone, except as authorized by 34°33′07″ North, 077°20′30″ West. All co- the Captain of the Port Baltimore or ordinates reference Datum: NAD 1983. his or her designated representative. (b) Regulations. Notwithstanding the (3) Persons or vessels requiring entry provisions of 33 CFR 334.440(e)(2)(i), no into or passage within the safety zone vessel may enter the safety zone de- must request authorization from the scribed in paragraph (a) of this section Captain of the Port Baltimore or his or while weapons firing exercises are in her designated representative, by tele- progress, except as provided in para- phone at (410) 576–2693 or by marine graph (c) of this section or unless per- band radio on VHF–FM Channel 16 mitted by the Captain of the Port (156.8 MHz), from 8 a.m. until 10 p.m. on (COTP) North Carolina. the fourth Saturday in July annually. (1) Red warning flags or red warning All Coast Guard vessels enforcing this lights will be displayed on towers lo- safety zone can be contacted on marine cated at both ends of the safety zone band radio VHF–FM Channel 16 (156.8 (Bear Creek and Cedar Point) while fir- MHz). ing exercises are in progress. The flags (4) All vessels and persons must com- or lights will be displayed by 8 a.m. on ply with instructions of the Captain of days where firing exercises are sched- the Port Baltimore or his or her des- uled, and will be removed at the end of ignated representative. the firing exercise. (5) The operator of any vessel enter- (2) A Coast Guard or U.S. Navy vessel ing or located within this safety zone will patrol each end of the safety zone shall: to ensure the public is aware that fir- (i) Travel at no-wake speed, ing exercises are in progress and that the firing area is clear of vessel traffic (ii) Stop the vessel immediately upon before weapons are fired. being directed to do so by any commis- (c) General information—(1) Announce- sioned, warrant or petty officer on ments. The COTP North Carolina will board a vessel displaying a Coast Guard announce the specific times and loca- Ensign, and tions of firing exercises by Broadcast (iii) Proceed as directed by any com- Notice to Mariners and Local Notice to missioned, warrant or petty officer on Mariners. Normally, weapons firing for board a vessel displaying a Coast Guard each firing exercise is limited to a two Ensign. nautical mile portion of the safety (d) Enforcement. The U.S. Coast zone. The COTP may issue general per- Guard may be assisted in the patrol mission to transit all or specified parts and enforcement of the safety zone by of the safety zone outside of the actual any Federal, State, and local agencies. firing area or if firing is temporarily (e) Enforcement period. This section stopped. This general permission will will be enforced from 8 a.m. until 10 be announced in a Local Notice to

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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 from Marine Corps Base Camp Lejeune Cape Fear River to Eagle Island, and will be suspended and vessels permitted then up along the west bank of the to transit the specified 2-nautical-mile Cape Fear River to the stern of the firing area for a 1-hour period begin- Battleship USS NORTH CAROLINA. ning at the start of each odd-numbered (b) Definitions. The designated rep- hour local time (e.g., 9 a.m.; 1 p.m.). A resentative of the Captain of the Port is vessel may not enter the specified fir- any Coast Guard commissioned, war- ing area unless it will be able to com- rant, or petty officer who has been au- plete its transit of the firing area be- thorized by the Captain of the Port, fore firing exercises are scheduled to North Carolina to act on his behalf. re-start. (c) General information. The Captain (3) Atlantic Ocean naval gunnery live of the Port and the Command Duty Of- fire operations. Naval gunnery live fire operations over the AICW from off ficer at Sector North Carolina can be shore on the Atlantic Ocean may be contacted at telephone number (877) conducted for periods not to exceed 4 229–0770 or (910) 772–2200. The Coast hours, then suspended and vessels per- Guard Patrol Commander and the sen- mitted to transmit the specified two- ior boarding officer on each vessel en- mile firing area for a minimum of one forcing the safety zone can be con- hour before firing may resume. A ves- tacted on VHF-FM channels 16 and 81. sel may not enter the specified firing (d) Regulation. Except for persons or area unless it will be able to complete vessels authorized by the Coast Guard its transit of the firing area before fir- Patrol Commander, no person or vessel ing exercises are scheduled to re-start. may enter or remain in the regulated (d) Contact information. U.S. Navy area. safety vessels may be contacted on (1) The operator of any vessel in the VHF marine band radio channels 13 immediate vicinity of this safety zone (156.65 MHz) and 16 (156.8 MHz). The shall: Captain of the Port may be contacted (i) Stop the vessel immediately upon at Sector North Carolina by telephone being directed to do so by any commis- at (877) 229–0770 or (910) 772–2200. sioned, warrant, or petty officer on [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as board a vessel displaying a Coast Guard amended by USCG–2000–7223, 65 FR 40058, Ensign. June 29, 2000; CGD05–03–167, 69 FR 41946, July (ii) Proceed as directed by any com- 13, 2004; USCG–2011–0368, 76 FR 26605, May 9, missioned, warrant, or petty officer on 2011] board a vessel displaying a Coast Guard Ensign. § 165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina. (2) Any spectator vessel may anchor outside of the regulated area specified (a) Location. The following area is a in paragraph (a) of the section, but safety zone: may not block a navigable channel. (1) The waters of the Cape Fear River bounded by a line connecting the fol- (e) Effective date. The Captain of the lowing points: Port will issue a Marine Safety Infor- mation Broadcast and a Notice to Latitude Longitude Mariners to notify the public when this section is in effect. 34°14′12″ N 77°57′10″ W 34°14′12″ N 77°57′06″ W 34°13′54″ N 77°57′00″ W [59 FR 33200, June 28, 1994, as amended by 34°13′54″ N 77°57′06″ W USCG–2000–7223, 65 FR 40059, June 29, 2000; USCG–2011–0368, 76 FR 26605, May 9, 2011] (2) The safety zone boundary can be described as follows: starting at the § 165.518 Security Zone; Waters of the stern of the Battleship USS NORTH Fifth Coast Guard District. CAROLINA, across the Cape Fear River (a) Definitions. As used in this sec- to the north end of the Coast Guard tion—

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Designated Representative means any (5) The local COTP may notify the U.S. Coast Guard commissioned, war- maritime and general public by marine rant or petty officer who has been au- information broadcast of the periods thorized by the District Commander or during which individual security zones local Captain of the Port (COTP), as have been activated by providing no- defined in 33 CFR part 3, subpart 3.25, tice in accordance with 33 CFR 165.7. to act on his or her behalf. (6) When moored, a security zone Escorted vessel means a vessel, other around an escorted vessel may also be than a U.S. naval vessel as defined in enforced by Coast Guard, State or § 165.2015, that is accompanied by one Local law enforcement personnel or more Coast Guard assets or Federal, shoreside. State or local law enforcement agency (7) Persons desiring to transit within assets as listed below: 100 yards of an escorted vessel in the (1) Coast Guard surface or air asset Fifth Coast Guard District must con- displaying the Coast Guard insignia. tact the local Captain of the Port on (2) Coast Guard Auxiliary surface VHF channel 16 (156.800 MHz), VHF asset displaying the Coast Guard Aux- channel 13 (156.650 MHz) or at telephone iliary insignia. numbers: (3) State and/or local law enforce- Philadelphia: (215) 271–4807 ment asset displaying the applicable Baltimore: (410) 576–2693 agency markings and or equipment as- Hampton Roads: (757) 668–5555 or (757) 484– sociated with the agency. 8192 State and/or local law enforcement offi- North Carolina: (877) 229–0770 or (910) 772–2200 cers means any State or local govern- (8) If permission is granted to transit ment law enforcement officer who has within 100 yards of an escorted vessel, authority to enforce State criminal all persons and vessels must comply laws. with the instructions of the District (b) Location. The following area is a Commander, Captain of the Port or security zone: 500-yard radius around their designated representative. escorted vessels in the navigable [CGD05–04–171, 70 FR 11551, Mar. 9, 2005, as waters of the Fifth Coast Guard Dis- amended by USCG–2011–0368, 76 FR 26605, trict as defined in 33 CFR 3.25–1, from May 9, 2011] surface to bottom. (c) Regulations. (1) No vessel may ap- § 165.530 Safety Zone: Cape Fear and proach within 500 yards of an escorted Northeast Cape Fear Rivers, NC. vessel within the navigable waters of (a) Location. The following area is a the Fifth Coast Guard District, unless moving safety zone during the specified traveling at the minimum speed nec- conditions: The waters of the Cape essary to navigate safely. Fear and Northeast Cape Fear Rivers (2) No vessel may enter within a 100- for 500 yards ahead and astern, and 75 yard radius of an escorted vessel within yards abeam of a vessel carrying haz- the navigable waters of the Fifth Coast ardous materials when designated by Guard District, without approval from the Captain of the Port, North Caro- the District Commander, Captain of lina. the Port or their designated represent- (b) General Information. (1) The Cap- atives. tain of the Port and the Command (3) Moored or anchored vessels, which Duty Officer at Sector North Carolina are overtaken by a moving zone, must can be contacted at telephone number remain stationary at their location (877) 229–0770 or (910) 772–2200. The Coast until the escorted vessel maneuvers at Guard Patrol Commander enforcing the least 500 yards past. safety zone can be contacted on VHF- (4) Vessels restricted in their ability FM channels 16 and 81. to maneuver may request permission of (2) The Captain of the Port may au- the District Commander, Captain of thorize and designate any Coast Guard the Port or designated representative commissioned, warrant, or petty offi- to enter the security zone in order to cer to act on his behalf in enforcing ensure safe passage in accordance with this safety zone. the Navigation Rules in 33 CFR chapter (3) Sector North Carolina will notify I, subparts D and E. the maritime community of periods

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

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

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

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Station, bounded by a line beginning at 39°27′28.4″ N, 075°32′15.8″ W, thence to 39°49′12.0″ N, 074°12′13.0″ W; thence to 39°27′28.8″ N, 075°31′56.6″ W, thence to 39°48′39.7″ N, 074°12′0″ W; along the 39°27′39.9″ N, 075°31′51.6″ W, thence along shoreline, thence to 39°48′40.0″ N, the shoreline to the point of 39°28′08.0″ 074°12′0.3″ W; thence to 39°49′11.8″ N, N, 075°32′31.7″ W. All coordinates ref- 074°12′10.5″ W; thence back along the erence Datum: NAD 1983. shoreline to the beginning point. All (b) Regulations. (1) All persons are re- coordinates reference Datum: NAD quired to comply with the general reg- 1983. ulations governing security zones in (b) Regulations. (1) All persons are re- § 165.33 of this part. quired to comply with the general reg- (2) No person or vessel may enter or ulations governing security zones in navigate within this security zone un- § 165.33 of this part. less authorized to do so by the Coast (2) No person or vessel may enter or Guard or designated representative. navigate within this security zone un- Any person or vessel authorized to less authorized to do so by the Coast enter the security zones must operate Guard or designated representative. in strict conformance with any direc- Any person or vessel authorized to tions given by the Coast Guard or des- enter the security zones must operate ignated representative and leave the in strict conformance with any direc- security zone immediately if the Coast tions given by the Coast Guard or des- Guard or designated representative so ignated representative and leave the orders. security zone immediately if the Coast (3) The Coast Guard or designated Guard or designated representative so representative enforcing this section orders. can be contacted on VHF Marine Band (3) The Coast Guard or designated Radio, channels 13 and 16. The Captain representative enforcing this section of the Port can be contacted at (215) can be contacted on VHF Marine Band 271–4807. Radio, channels 13 and 16. The Captain (4) The Captain of the Port will no- of the Port can be contacted at (215) tify the public of any changes in the 271–4807. status of this security zone by Marine (4) The Captain of the Port will no- Safety Radio Broadcast on VHF-FM tify the public of any changes in the marine band radio, channel 22 (157.1 status of this security zone by Marine MHZ). Safety Radio Broadcast on VHF-FM (c) Definitions. For the purposes of marine band radio, channel 22 (157.1 this section, Captain of the Port means MHZ). the Commanding Officer of the Coast (c) Definitions. For the purposes of Guard Sector Delaware Bay, or any this section, Captain of the Port means Coast Guard commissioned, warrant, or the Commanding Officer of the Coast petty officer who has been authorized Guard Sector Delaware Bay, or any by the Captain of the Port to act as a Coast Guard commissioned, warrant, or designated representative on his be- petty officer who has been authorized half. by the Captain of the Port to act as a [CGD05–03–113, 69 FR 5279, Feb. 4, 2004] designated representative on his behalf. § 165.554 Security Zone; Three Mile Is- [CGD05–03–111, 69 FR 5284, Feb. 4, 2004] land Generating Station, Susque- hanna River, Dauphin County, § 165.553 Security Zone; Salem and Pennsylvania. Hope Creek Generation Stations, (a) Location. The following area is a Delaware River, Salem County, New security zone: the waters of the Sus- Jersey. quehanna River in the vicinity of the (a) Location. The following area is a Three Mile Island Generating Station security zone: the waters of the Dela- bounded by a line beginning at ware River in the vicinity of the Salem 40°09′14.74″ N, 076°43′40.77″ W; thence to and Hope Creek Generation Stations 40°09′14.74″ N, 076°43′42.22″ W, thence to bounded by a line drawn from a point 40°09′16.67″ N, 076°43′42.22″ W, thence to located at 39°28′08.0″ N, 075°32′31.7″ W to 40°09′16.67″ N, 076°43′40.77″ W; thence 39°28′06.5″ N, 075°32′47.4″ W, thence to back to the beginning point 40°09′14.74″

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N, 076°43′40.77″ W. All coordinates ref- (c) Enforcement. This safety zone will erence Datum: NAD 1983. be enforced annually beginning on Sep- (b) Regulations. (1) All persons are re- tember 1 through December 31. quired to comply with the general reg- (d) 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 safety zones in 33 (2) No person or vessel may enter or CFR 165.23 of this part. navigate within this security zone un- (2) All Coast Guard vessels enforcing less authorized to do so by the Coast this safety zone or watch officers Guard or designated representative. aboard the Dredge and Barge can be Any person or vessel authorized to contacted on VHF marine band radio, enter the security zone must operate in channel 16. The Captain of the Port strict conformance with any directions may be contacted by telephone at (215) given by the Coast Guard or designated 271–4807 or via VHF marine band radio, representative and leave the security channel 16. zone immediately if the Coast Guard or [CGD05–04–035, 70 FR 40887, July 15, 2005] designated representative so orders. (3) The Coast Guard or designated § 165.556 Regulated Navigation Area; representative enforcing this section Chesapeake and Delaware Canal, can be contacted on VHF Marine Band Chesapeake City Anchorage Basin, Radio, channels 13 and 16. The Captain MD. of the Port can be contacted at (215) (a) Location. The following area is a 271–4807. The Security Manager at regulated navigation area: All waters Three Mile Island can be contacted at of the Chesapeake and Delaware (C & (717) 948–8208 or (717) 948–8039. D) Canal within the anchorage basin at (4) The Captain of the Port will no- Chesapeake City, Maryland, bounded tify the public of any changes in the by a line drawn across the entrance to status of this security zone by Marine the basin from position latitude Safety Radio Broadcast on VHF-FM 39°31′39.6″ N, longitude 075°48′36.5″ W, to marine band radio, channel 22 (157.1 position latitude 39°31′40.6″ N, longitude MHZ). 075°48′43.3″ W. All coordinates refer to (c) Definitions. For the purposes of NAD 1983. this section, Captain of the Port means (b) Definitions. For the purposes of the Commanding Officer of the Coast this section: Guard Sector Delaware Bay, Coast District Commander means the Com- Guard commissioned, warrant, or petty mander, Fifth Coast Guard District or officer who has been authorized by the any Coast Guard commissioned, war- Captain of the Port to act as a des- rant, or petty officer who has been au- ignated representative on his behalf. thorized by the Commander, Fifth Coast Guard District, to act on his or [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] her behalf, or his or her designated representative. § 165.555 Safety Zone; Delaware River. (c) Regulations. The general regula- (a) Definition. As used in this section, tions governing regulated navigation Captain of the Port means the Com- areas, found in 33 CFR 165.13, apply to mander of Sector Delaware Bay or any the regulated navigation area de- Coast Guard commissioned, warrant or scribed in paragraph (a) of this section. petty officer who has been authorized (1) All vessels and persons are prohib- by the Captain of the Port to act on his ited from entering and accessing this behalf. The Captain of the Port may be regulated navigation area, except as contacted by telephone at (215) 271–4807 authorized by the District Commander or via VHF marine band radio, channel or his or her designated representative. 16. (2) Persons or vessels requiring entry (b) Location. The following area is a into or passage within the regulated safety zone: All waters located within a navigation area must request author- 150-yard radius around the dredging op- ization from the District Commander eration and barge, conducting dredging or his or her designated representative, operations in or near the Marcus Hook by telephone at (410) 576–2693 or by ma- Range in the vicinity of Anchorage 7. rine band radio on VHF–FM Channel 16

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

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

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

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

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

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

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

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

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

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

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

Latitude Longitude Latitude Longitude

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(c) Regulations. (1) No person or vessel through advanced notice via Local No- may enter into the security zone under tice to Mariners and Broadcast Notice this section unless authorized by the to Mariners. Captain of the Port San Juan. (d) Enforcement period. This rule will (2) Vessels seeking to enter a secu- be enforced daily from 12:01 p.m. until rity zone established in this section, 11:59 p.m. on the Saturday and Sunday may contact the COTP on VHF channel of the second week in October (Colum- 16 or by telephone at (787) 289–2041 to bus Day weekend) each year. request permission. (3) All persons and vessels granted [USCG–2011–0044, 76 FR 49303, Aug. 10, 2011] permission to enter the security zone must comply with the orders of the EIGHTH COAST GUARD DISTRICT Captain of the Port San Juan and des- § 165.T08–040 Moving Security Zone, ignated on-scene U.S. Coast Guard pa- Escorted Vessels. trol personnel. On-scene U.S. Coast Guard patrol personnel include com- (a) Location. The following areas are missioned, warrant, and petty officers security zones: Navigable waters of the of the U.S. Coast Guard. Lower Mississippi River, from mile (d) Effective period. This section is ef- marker 90.0 to mile marker 110.0, ex- fective on April 29, 2009. tending 300 yards in all directions of escorted vessels. Escorted vessels will be [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] escorted by one or more Coast Guard § 165.779 Regulated Navigation Area; assets or other federal, state, or local Columbus Day Weekend, Biscayne law enforcement agency assets clearly Bay, Miami, FL. identifiable by lights, vessel markings, or with agency insignia. (a) Regulated area. The regulated navigation area encompasses all waters (b) Effective period. This rule is effec- in Biscayne Bay between Featherbed tive May 23, 2012 through August 15, Bank and the Rickenbacker Causeway 2012. Beginning April 1, 2012 this rule is Bridge contained within an imaginary enforced through actual notice. line connecting the following points: (c) Regulation. (1) Under the general beginning at Point 1 in position regulations in § 165.33 of this part, ves- 25°44′49″ N, 80°12′02″ W; thence south- sels are prohibited from entering or west to Point 2 in position 25°31′21″ N, transiting the security zones described 80°15′28″ W; thence southeast to Point 3 in paragraph (a) of this temporary sec- in position 25°30′53″ N, 80°13′20″ W; tion, § 165.T08–040. thence northeast to Point 4 in position (2) If granted permission to enter a 25°43′57″ N, 80°10′01″ W; thence back to security zone, a vessel must operate at origin. All coordinates are North the minimum speed necessary to main- American Datum 1983. tain a safe course, unless required to (b) Definition. The term ‘‘designated maintain speed by the Navigation representative’’ means Coast Guard Pa- Rules, and shall proceed as directed by trol Commanders, including Coast the Coast Guard. When within the se- Guard coxswains, petty officers, and curity zone, no vessel or person is al- other officers operating Coast Guard lowed within 50 yards of the escorted vessels, and Federal, state, and local vessel unless authorized by the Coast officers designated by or assisting the Guard. Captain of the Port Miami in the en- (3) Persons or vessels requiring devi- forcement of the regulated area. ations from this rule must request per- (c) Regulations. (1) During each en- mission from the Captain of the Port forcement period, all vessels within the New Orleans through the on-scene regulated area are required to transit Coast Guard or other agency asset, via at no more than 15 knots, are subject VHF Ch. 67 or the Coast Guard Vessel to control by the Coast Guard, and Traffic Center at (504) 365–2230. must follow the instructions of des- (4) All persons and vessels granted ignated representatives. permission to enter a security zone (2) At least 48 hours prior to each en- must comply with the instructions of forcement period, the Coast Guard will the Captain of the Port New Orleans provide notice of the regulated area and designated personnel. Designated

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personnel include commissioned, war- (d) Informational broadcasts. Notifica- rant and petty officers of the U.S. tions of changes in enforcement periods Coast Guard, and local, state, and fed- and changes to the safety zone will be eral law enforcement officers on clear- made through broadcast notice to ly identified law enforcement agency mariners. vessels. EFFECTIVE DATE NOTE: By USCG–2012–0240, (d) Informational broadcasts. The Cap- 77 FR 32020, May 31, 2012, temporary tain of the Port or a designated rep- § 165.T08–0240 was added, effective from 8:30 resentative will inform the public p.m. on June 1, 2012 until 1 a.m. on Jan. 1, through marine safety information bul- 2013. letins or broadcast notices to mariners of this regulation. § 165.T08–0315 Safety Zone; Upper Mis- sissippi River, Mile 183.0 to 183.5. EFFECTIVE DATE NOTE: By USCG–2011–1063, 77 FR 30402, May 23, 2012, temporary (a) Location. The following area is a § 165.T08–040 was added, effective from May safety zone: All waters of the Upper 23, 2012 through Aug. 15, 2012. Mississippi River, mile 183.0 to 183.5, in the vicinity of the Merchants Bridge, § 165.T08–0240 Safety Zone; Kemah extending the entire width of the wa- Boardwalk Summer Season Fire- terway. works, Galveston Bay, Kemah, TX. (b) Effective date. This rule is effec- (a) Location. The following area is a tive from 7 a.m. on April 10, 2012 safety zone: Galveston Bay within a through 7 p.m. on December 31, 2012. 1000’ radius around a fireworks barge (c) Periods of Enforcement. This rule located at approximate Latitude will be enforced intermittently during 29°32′57″ N, Longitude 095°00′31″ W. the effective period when conditions (b) Enforcement dates. The temporary are conducive for bridge repairs and in- safety zone will be enforced during the spections based on contractor avail- following dates and times: From 8:30 ability, river forecasts, and observed p.m. until 11:30 p.m. on June 1, 8, 15, 22, weather. The Captain of the Port Upper and 29, 2012; July 4, 6, 13, 20, and 27, Mississippi River will inform the public 2012; November 3, 2012; and from 9 p.m. of the enforcement periods and any on December 31, 2012 until 1 a.m. on changes through broadcast notice to January 1, 2013. Notifications of mariners. changes in enforcement periods will be (d) Regulations. (1) In accordance with made through broadcast notice to the general regulations in § 165.23 of mariners. this part, entry into this zone is pro- (c) Regulations. (1) In accordance with hibited unless authorized by the Cap- the general regulations in § 165.23 of tain of the Port Upper Mississippi this part, entry into this zone is pro- River or a designated representative. hibited unless authorized by the Cap- (2) Persons or vessels requiring entry tain of the Port Houston-Galveston. into or passage through the zone must (2) Persons or vessels requiring entry request permission from the Captain of into or passage through the zone must the Port Upper Mississippi River or a request permission from the Captain of designated representative. The Captain the Port Houston-Galveston, or a des- of the Port Upper Mississippi River ignated representative. They may be may be contacted at 314–269–2332 or contacted at ‘‘Sector Houston-Gal- VHF–FM 16. veston’’ on VHF–FM Channels 16, or by (3) All persons and vessels shall com- phone at (713) 671–5113. Requests to ply with the instructions of the Cap- enter into and/or pass through the safe- tain of the Port Upper Mississippi ty zone will be reviewed on a case-by- River or their designated representa- case basis. All persons and vessels shall tive. Designated Captain of the Port comply with the instructions of the representatives include United States Captain of the Port Houston-Galveston Coast Guard commissioned, warrant, and designated on-scene U.S. Coast and petty officers. Guard patrol personnel. On-scene U.S. EFFECTIVE DATE NOTE: By USCG–2012–0315, Coast Guard patrol personnel include 77 FR 28257, May 14, 2012, temporary commissioned, warrant, and petty offi- § 165.T08–0315 was added, effective from May cers of the U.S. Coast Guard. 14, 2012 until 7 p.m. on Dec. 31, 2012.

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§ 165.801 Annual fireworks displays tain of the Port or a designated rep- and other events in the Eighth resentative. Coast Guard District requiring safe- (c) If permission is granted, all per- ty zones. sons and vessels shall comply with the The Coast Guard is establishing safe- instructions of the Captain of the Port ty zones for the annual fireworks dis- or designated representative. Des- plays and other events requiring safety ignated representatives include com- zones listed in the table to § 165.801. missioned, warrant, and petty officers (a) In accordance with the general of the U.S. Coast Guard. regulations in § 165 of this part, entry (d) Informational broadcasts: The Cap- into this zone is prohibited unless au- tain of the Port or a designated rep- thorized by the Captain of the Port or resentative will inform the public a designated representative. through broadcast notices to mariners (b) Persons or vessels desiring to of the enforcement period for the safe- enter into or passage through the zone ty zone as well as any changes in the must request permission from the Cap- planned schedule.

TABLE 1 OF § 165.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL SAFETY ZONES

Sector Table No. Ohio Date Sponsor/name Sector Ohio Valley loca- Safety zone Valley tion

1 ...... 1 July 4th ...... Harrah’s 4th of July Ohio River, Metropolis, Il Ohio River mile marker Celebration. 944.0 to 945.0 Me- tropolis, Il. 2 ...... 2 July 4th ...... Paducah Parks Depart- Ohio River, Paducah, Ky Ohio River, mile marker ment. 934.0 to 936.0. 3 ...... 6 Third weekend in Paducah Summer Fes- Ohio River, Paducah, Ky Ohio River, mile marker July. tival. 934.0 to 936.0. 4 ...... 7 Every Saturday Pittsburgh Pirates/Pitts- Allegheny River, Pitts- Allegheny River, mile from April burgh Pirates Fire- burgh, PA. marker 0.4 to 0.7 through Sep- works. Pittsburgh, PA. tember. 5 ...... 8 July 4th ...... Wellsburg 4th of July Ohio River, Wellsburg, Ohio River, mile marker Committee/Wellsburg WV. 73.5 to 74.5 4th July. Wellsburg, WV. 6 ...... 9 One day during Upper Ohio Valley Ohio River, Wheeling, Ohio River, mile marker the fourth week Italian Festival/Upper WV. 90.0 to 90.6 Wheel- in July. Ohio Valley Italian ing, WV. Festival Fireworks Display. 7 ...... 10 One day during Sharpsburg Borough/ Allegheny River, Allegheny River, mile the first week of Guyasuta Days. Sharpsburg Borough, marker 5.5 to 6.0 August. Pittsburgh, PA. Pittsburgh, PA. 8 ...... 11 One day during Pittsburgh Foundation/ Ohio River, Pittsburgh, Ohio River, mile marker the fourth week Bob O’Connor Cookie PA. 0.0 to 0.1 Pittsburgh, of August. Cruise. PA. 9 ...... 12 The third Friday in Pittsburgh Downtown Allegheny River, Pitts- Allegheny River, mile November. Partnership/Light Up burgh, PA. marker 0.4 to 1.0 Night. Pittsburgh, PA. 10 ...... 13 December 31 ...... Pittsburgh Cultural Allegheny River, Pitts- Allegheny River, mile Trust/Pittsburgh First burgh, PA. marker 0.6 to 0.8 Night. Pittsburgh, PA. 11 ...... 14 2 days—3rd Friday Kentucky Derby Fes- Ohio River, Louisville, Bank to Bank of the and Saturday in tival/Thunder over KY. Ohio River, mile mark- April. Louisville. er 598.0 to 604.0. 12 ...... 15 The 3rd weekend Henderson Tri-Fest/Hen- Henderson, KY ...... Bank to Bank of the in April. derson Breakfast Ohio River, mile mark- Lions Club. er 803.5 to 804.5. 13 ...... 16 1 day—July 4th .... Downtown Henderson Ohio River, Mile 803.5– Bank to Bank of the Project/ Independence 804.5 Henderson, KY. Ohio River, mile mark- bank 4th of July Cele- er 803.5 to 804.5. bration. 14 ...... 17 1 day—July 4th .... Louisville Waterfront De- Ohio River, Louisville, Bank to Bank of the velopment Corp./Wa- KY. Ohio River, mile mark- terfront Independence er 603.0 to 604.0. Festival. 15 ...... 18 1 day—July 3rd .... Louisville Bats Baseball Louisville, KY Ohio Bank to Bank of the Club/Louisville Bats River Mile 603.0– Ohio River, mile mark- Fireworks. 604.0. er 603.0 to 604.0.

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TABLE 1 OF § 165.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL SAFETY ZONES— Continued

Sector Table No. Ohio Date Sponsor/name Sector Ohio Valley loca- Safety zone Valley tion

16 ...... 19 1 day—July 4th .... Growth Alliance for Ohio River, M 792.0– Bank to Bank of the Greater Evansville/ 793.5 Evansville, KY. Ohio River, mile mark- Evansville Festival. er 792.0 to 793.5. 17 ...... 20 1 day—July 4th .... Owensboro Parks and Owensboro, KY Mile Bank to Bank of the Recreation/ Celebra- 756.75. Ohio River, mile mark- tion of the American er 755.0 to 757.0. Spirit. 18 ...... 21 1 day—July 4th .... City of New Albany/ New Albany, KY Ohio Bank to Bank of the Riverfront Independ- River 608.0. Ohio River mile, mark- ence Festival. er 607.0 to 609.0. 19 ...... 22 First Friday in WV Special Olympics .... Kanawha River, Kanawha River, mile June. Charleston, WV. marker 57.9 to 58.9. A mile down from the Kanawha City bridge to the confluence of the Elk and Ohio Riv- ers. 20 ...... 23 First Sunday in WV Symphony Fire- Kanawha River, Kanawha River, mile June. works. Charleston, WV. marker 59.5 to 60.5. Half a mile downriver and upriver from Charleston University. 21 ...... 24 Last Saturday in St. Albans ...... Kanawha River, St. Al- Kanawha River, mile June. bans, WV. marker 46.0 to 47.0. From the 3rd St. Bridge to a mile up river from the 3rd St. Bridge. 22 ...... 25 July 4th ...... City of Charleston/City Kanawha River, Kanawha River, mile of Charleston Inde- Charleston, WV. marker 57.5 to 59.0, pendence Day Cele- Charleston, WV. bration. Quarter mile up river from the confluence with the Elk River to one mile up river near the Old C&P Boat Ramp. 23 ...... 26 July 4th ...... Summer Motion Inc./ Ohio River, Ashland, KY Ohio River, mile marker Summer Motion. 322.1 to 323.1, Ash- land, KY. Approxi- mately 8⁄10 of a mile up river from the Ash- land Bridge to approximately a quarter mile down river from the Ashland bridge. 24 ...... 27 July 4th ...... Big Sandy Superstore Ohio River, Huntington, Ohio River, mile marker Arena/Dawg Dazzle WV. 307.8 to 308.8. One- Fireworks Spectacular. half mile up and down river from the Harris Riverfront Park. 25 ...... 28 July 4th ...... Civic Forum ...... Ohio River, Portsmouth, Ohio River, mile marker OH. 355.5 to 356.5 Ports- mouth, OH. From the confluence of the Scioto and Ohio Riv- ers, one mile upriver to the U.S. Highway Grant Bridge.

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TABLE 1 OF § 165.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL SAFETY ZONES— Continued

Sector Table No. Ohio Date Sponsor/name Sector Ohio Valley loca- Safety zone Valley tion

26 ...... 29 July 4th ...... Point Pleasant ...... Ohio River, Pt. Pleasant, Ohio River, mile marker WV. 266.2 to 265.2 and Kanawha River mile marker .5 to the confluence with the Ohio River. Safety zone starts down river from the Silver Memorial Bridge and runs a mile up river. 27 ...... 30 Third Saturday in Parkersburg Home- Ohio River, Parkersburg, Ohio River, mile marker August. coming Festival. WV. 184.0 to 185.0. One- half mile up and down river from the confluence of the Little Kanawha and the Ohio River. 28 ...... 31 First Sunday in Portsmouth Riverdays ... Ohio River, Portsmouth, Ohio River, mile marker September. OH. 355.5 to 356.5 Ports- mouth, OH. From the confluence of the Scioto and Ohio Riv- ers, one mile upriver to the U.S. Highway Grant Bridge. 29 ...... 32 Second Saturday Rod Run Doo Wop ...... Kanawha River, Kanawha River, mile in October. Charleston, WV. marker 57.5 to 59.0. Downstream from the I–64 Bridge in Charleston, WV to one mile upriver. 30 ...... 33 July 4th ...... Spirit of Freedom Fire- Florence, TN ...... Tennessee River mile works Urban Broad- marker 255.0 to casting. 257.0. 31 ...... 34 The Saturday be- Lighting Up the Cum- Cumberland City, TN .... Cumberland River mile fore July 4th, or berland Fireworks/ marker 103.0 to on July 4th if Town of Cumberland 105.0. that day is a City. Saturday. 32 ...... 35 July 4th ...... Lake Guntersville 4th of Guntersville, AL ...... Tennessee River mile July Celebration/Lake marker 356.0 to Guntersville, AL 358.0. Chamber of Com- merce. 33 ...... 36 July 4th ...... Clarksville Independ- Clarksville, TN ...... Cumberland River mile ence Day Fireworks/ marker 125.0 to City of Clarksville. 127.0. 34 ...... 37 July 4th ...... Knoxville July 4th Fire- Knoxville, TN ...... Tennessee River mile works City of Knox- marker 647.0 to ville. 648.0. 35 ...... 38 July 4th ...... Music City July 4th Nashville, TN ...... Cumberland River mile Nashville CVB. marker 190.0 to 192.0. 36 ...... 39 1st weekend in Boomsday Festival Knoxville, TN ...... Tennessee River mile September, usu- Knoxville Tourism. marker 646.0 to ally aligns with 649.0. University of Tennessee’s 1st home football game. 37 ...... 40 Last weekend in Grand Illumination Chat- Chattanooga, TN ...... Tennessee River mile November. tanooga Presents. marker 463.0 to 469.0. 38 ...... 41 July 4th ...... Grand Harbor Marine Counce, TN ...... Tennessee River mile July 4th Celebration marker 214.0 to 216.0 Grand Harbor Marina. at the mouth of Yellow Creek.

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TABLE 1 OF § 165.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL SAFETY ZONES— Continued

Sector Table No. Ohio Date Sponsor/name Sector Ohio Valley loca- Safety zone Valley tion

39 ...... 42 The Sunday be- WEBN/WEBN— Ohio River, Cincinnati, Ohio River mile marker fore Labor Day. Riverfest Fireworks. OH. 464.0 to 476.0, Cin- cinnati, OH. 40 ...... 43 April through Au- Cincinnati Reds/Cin- Ohio River, Cincinnati, Ohio River mile marker gust (Needs No- cinnati Reds Season OH. 470.2 to 470.6, Cin- tice of Imple- Fireworks. cinnati, OH. mentation via Local Notice to Mariners). 41 ...... 44 The second Satur- City of Bellevue, KY/City Ohio River, Bellevue, Ohio River mile marker day in July. of Bellevue Beach KY. 469.2 to 470.2, Belle- Park Concert Fire- vue, KY. works. 42 ...... 45 May through Sep- Riverbend Music Center/ Ohio River, Cincinnati, Ohio River mile marker tember (Needs Riverbend Concerts OH. 461.1 to 461.4, Cin- Notice of Imple- Series. cinnati, OH. mentation via Local Notice to Mariners). 43 ...... 46 Second or Third Ohio Sternwheel Fes- Parkersburg, WV Ohio Safety zone for the fire- weekend in Sep- tival. River. works display, extend- tember. ing from mile marker 171.5 to 172.5 (about a 1⁄2 a mile up and down river from the confluence of the Ohio and Muskingum Rivers). Also a restricted area for the stern-wheel race reen- actment extending from mile marker 172.4 to 170.3.2 on the Ohio River. (See 33 CFR 100).

Sector Upper Sector Upper Mississippi Date Sponsor/name Mississippi River loca- Safety zone River tion

45 ...... 1 1 day—4th week- Marketing Minneapolis Minneapolis, MN ...... Upper Mississippi River end of July. LLC/Target mile marker 853.2 to Aquatennial Fireworks. 854.2 (Minnesota). 46 ...... 2 1 day—4th of July Radio Dubuque/Radio Dubuque, IA ...... Upper Mississippi River weekend. Dubuque Fireworks mile marker 581.0 to and Airs Show. 583.0 (Iowa). 47 ...... 3 2 days—2nd City of Champlin/Father Champlin, MN ...... Upper Mississippi River weekend of July. Hennepin Fireworks mile marker 870.5 to Display. 872.0 (Minnesota). 48 ...... 4 1 day—4th of July Downtown Main Street/ Red Wing, MN ...... Upper Mississippi River weekend. Mississippi mile marker 790.8 to Alumination. 791.2 (Minnesota). 49 ...... 5 1 day—4th of July Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO Lake of the Ozarks mile weekend. Tar-A 4th of July Fire- marker 025.8 to 026.2 works. (Missouri). 50 ...... 6 1 day—1st week- Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO Lake of the Ozarks mile end of Sep- Tar-A Fireworks. marker 025.8 to 026.2 tember. (Missouri). 51 ...... 7 1 day—Last Sun- Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO Lake of the Ozarks mile day in May. Tar-A Memorial Day marker 025.8 to 026.2 Fireworks. (Missouri). 52 ...... 8 1 day—4th of July Lake City Chamber of Lake City, MN ...... Upper Mississippi River weekend. Commerce/Lake City mile marker 772.4 to 4th of July Fireworks. 772.8 (Minnesota). 53 ...... 9 1 day—4th of July Greater Muscatine Muscatine, IA ...... Upper Mississippi River weekend. Chamber of Com- mile marker 455.0 to merce/Muscatine 4th 456.0 (Iowa). of July.

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Sector Upper Sector Upper Mississippi Date Sponsor/name Mississippi River loca- Safety zone River tion

54 ...... 10 1 day—Last week- Friends of the River Kansas City, KS ...... Missouri River mile end in June/First Kansas City/KC marker 364.8 to 365.2 weekend in July. Riverfest. (Kansas). 55 ...... 11 1 day—4th of July Louisiana Chamber of Louisiana, MO ...... Upper Mississippi River weekend. Commerce/Louisiana mile marker 282.0 to July 4th Fireworks. 283.0 (Missouri). 56 ...... 12 1 day—2nd week- Guttenderg Develop- Guttenderg, IA ...... Upper Mississippi River end in July. ment and Tourism/ mile marker 614.8 to Stars and Stripes 615.2 (Iowa). River Day. 57 ...... 13 4 days—1st or 2nd Riverfest, Inc./La Crosse La Crosse, WI ...... Upper Mississippi River week of July. Riverfest. mile marker 697.5 to 698.5 (Wisconsin). 58 ...... 14 1 day—4th of July Hannibal Jaycees/Na- Hannibal, MO ...... Upper Mississippi River weekend. tional Tom Sawyer mile marker 308.0 to Days. 309.0 (Missouri). 59 ...... 15 1 day—4th of July Fort Madison Partner/ Fort Madison, WI ...... Upper Mississippi River weekend. Fort Madison Fourth mile marker 383.0 to of July Fireworks. 384.0 (Wisconsin). 60 ...... 16 5 days—Last week Taste of Minnesota/ Minneapolis, MN ...... Upper Mississippi River in June/First Taste of Minnesota. mile marker 839.8 to week in July. 840.2 (Minnesota). 61 ...... 17 1 day—4th of July John E. Curran/John E. Lake of the Ozarks, MO Lake of the Ozarks mile weekend. Curran Fireworks. marker 008.8 to 009.2 (Missouri). 62 ...... 18 1 day—2nd week- Prairie du Chien Area Prairie du Chien, WI ...... Upper Mississippi River end in July. Chamber of Com- mile marker 633.8 to merce/Prairie du 634.2 (Wisconsin). Chien Area Chamber Fireworks. 63 ...... 19 1 day—4th of July JMP Radio/Red White Peoria, IL ...... Illinois River mile marker weekend. and Boom Peoria. 162.5 to 162.1 (Illi- nois). 64 ...... 20 1 day—Last week- Hudson Boosters/Hud- Hudson, WI ...... St. Croix River mile end in June/First son Booster Days. marker 016.8 to 017.2 weekend in July. (Wisconsin). 65 ...... 21 2 days—4th of City of St. Charles/St. St. Charles, MO ...... Missouri River mile July weekend. Charles Riverfest. marker 028.2 to 028.8 (Missouri). 66 ...... 22 1 day—4th of July Minneapolis Park and Minneapolis, MN ...... Upper Mississippi River weekend. Recreation Board/ mile marker 853.5 to Red, White, and 854.5 (Minnesota). Boom Minneapolis. 67 ...... 23 1 day—4th of July Davenport One Cham- Davenport, IA ...... Upper Mississippi River weekend. ber/Red White and mile marker 482.0 to Boom. 482.7 (Iowa). 68 ...... 24 2 days—3rd week- Amelia Earhart Festival Kansas City, KS ...... Missouri River mile end of July. Committee/Amelia marker 422.0 to 424.5 Earhart Festival. (Kansas). 69 ...... 25 1 day—4th of July Chillicothe Police De- Chillicothe, IL ...... Illinois River mile marker weekend. partment/Chillicothe 179.1 to 180.0 (Illi- 4th of July. nois). 70 ...... 26 2 days—2nd Clinton Riverboat Days/ Clinton, IA ...... Upper Mississippi River weekend in July. Clinton Riverboat mile marker 518.0 to Days. 519.0 (Iowa). 71 ...... 27 1 day—4th of July Harrah’s Casino and Omaha, NE ...... Missouri River mile weekend. Hotel/Harrah’s Fire- marker 615.0 to 615.6 works Extravaganza. (Nebraska). 72 ...... 28 1 day—4th of July Alton Exposition Com- Alton, IL ...... Upper Mississippi River weekend. mission/Mississippi mile marker 202.5 to Fireworks Festival. 203.0 (Illinois). 73 ...... 29 1 day—3rd Sun- Burlington Steamboat Burlington, IA ...... Upper Mississippi River day in June. Days/Burlington mile marker 403.5 to Steamboat Days. 404.5 (Iowa). 74 ...... 30 1 day—Last Sun- Lodge of the Four Sea- Lake of the Ozarks, MO Lake of the Ozarks mile day in May. sons/Lodge of the marker 013.8 to 014.2 Four Seasons Memo- (Missouri). rial Day Fireworks. 75 ...... 31 1 day—First week- Lodge of the Four Sea- Lake of the Ozarks, MO Lake of the Ozarks mile end of Sep- sons/Labor Day Fire- marker 013.8 to 014.2 tember. works. (Missouri).

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Sector Upper Sector Upper Mississippi Date Sponsor/name Mississippi River loca- Safety zone River tion

76 ...... 32 1 day—4th of July Lodge of the Four Sea- Lake of the Ozarks, MO Lake of the Ozarks mile weekend. sons/Lodge of the marker 013.8 to 014.2 Four Seasons 4th of (Missouri). July. 77 ...... 33 2 days—3rd week- Hasting Riverboat Days/ Hasting, MN ...... Upper Mississippi River end in July. Rivertown Days. mile marker 813.7 to 815.2 (Minnesota). 78 ...... 34 1 day—3rd Sun- Winona Steamboat Winona, MN ...... Upper Mississippi River day in June. Days/Winona Steam- mile marker 725.4 to boat Days Fireworks. 725.7 (Minnesota). 79 ...... 35 2 days—4th of Fair of St. Louis/Fair St. St. Louis, MO ...... Upper Mississippi River July weekend. Louis. mile marker 179.2 to 180.0 (Missouri). 80 ...... 36 Friday and Satur- Fair of St. Louis/Live on St. Louis, MO ...... Upper Mississippi River day, every the Levee. mile marker 179.2 to weekend from 180.0 (Missouri). the 2nd weekend of July until the 2nd weekend in August. 81 ...... 37 1 day—Last week- Bellevue Heritage Days/ Bellevue, IA ...... Upper Mississippi River end in June/First Bellevue Heritage mile marker 556.0 to weekend in July. Days. 556.5 (Iowa). 82 ...... 38 1 day—4th of July Main Street Parkway Parkville, MO ...... Missouri River mile weekend. Association/Parkville marker 378.0 to 377.5 4th of July Fireworks. (Missouri). 83 ...... 39 1 day—4th of July Hermann Chamber of Hermann, MO ...... Missouri River mile weekend. Commerce/Hermann marker 099.0 to 098.0 4th of July. (Missouri). 84 ...... 40 1 day—4th of July Grafton Chamber of Grafton, IL ...... Illinois River mile marker weekend. Commerce/Grafton 001.5 to 000.5 (Illi- Chamber 4th of July nois). Fireworks. 85 ...... 41 1 day—4th of July Salute to America Foun- Jefferson City, MO ...... Upper Mississippi River weekend. dation, Inc./Salute to mile marker 143.5 to America. 143.0 (Missouri). 86 ...... 42 1 day—4th of July McGregor/Marquette McGregor, IA ...... Upper Mississippi River weekend. Chamber Commerce/ mile marker 635.7 to Independence Day 634.2 (Missouri). Celebration. 87 ...... 43 2 days—2nd Tug Committee/Great Port Byron, IL ...... Upper Mississippi River weekend in Au- River Tug. mile marker 497.2 to gust. 497.6 (Illinois). 88 ...... 44 1 day—4th of July City of Stillwater/St. Stillwater, MN ...... St. Croix River mile weekend. Croix Events/Stillwater marker 022.9 to 023.5 4th of July. (Minnesota). 89 ...... 45 2 days—3rd week- Riverside Riverfest Riverside, MO ...... Missouri River mile end of Sep- Committee/Riverfest. marker 372.2 to 371.8 tember. (Missouri). 90 ...... 46 4 days—3rd week St. Croix Events/Lum- Stillwater, MN ...... St. Croix River mile of July. berjack Days. marker 022.9 to 023.5 (Minnesota). 91 ...... 47 1 day—3rd week Rivercade Association/ North Sioux City, SD ..... Missouri River mile in July. Sioux City Rivercade. marker 732.2 to 732.6 (Iowa). 92 ...... 48 2 days—3rd week- Lake of the Ozarks Lake of the Ozarks, MO Lake of the Ozarks mile end in August. Shootout, Inc./Lake of marker 034.5 to 032.5 the Ozarks Shootout. (Missouri). 93 ...... 49 1 day—1st week- Camden on the Lakes Lake of the Ozarks, MO Lake of the Ozarks mile end of Sep- Labor Day Fireworks/ marker 007.1 to 006.9 tember. Camden on the Lake. (Missouri). 94 ...... 50 2 days—1st week- City of Keithsburg/ Keithsburg, IL ...... Upper Mississippi River end of Sep- Keithsburg Fireworks mile marker 427.5 to tember. Display. 427.3 (Missouri). 95 ...... 51 1 day—1st week- New Piasa Chautauqua/ Elsah, IL ...... Upper Mississippi River end of August. New Piasa Chau- mile marker 215.6 to tauqua. 216.0 (Illinois). 96 ...... 52 1 day—last week- Horny Toad, Inc./Horny Lake of the Ozarks, MO Lake of the Ozarks mile end in May. Toad Fireworks Dis- marker 006.8 to 007.2 play. (Missouri).

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Sector Upper Sector Upper Mississippi Date Sponsor/name Mississippi River loca- Safety zone River tion

97 ...... 53 1 day—4th of July Omaha Royals/Omaha Omaha, NE ...... Missouri River mile weekend. World Herald Fire- marker 612.1 to 613.9 works. (Nebraska). 98 ...... 54 1 day—Last week- Great River Days, Inc./ Muscatine, IA ...... Upper Mississippi River end in July. Great River Days. mile marker 455.0 to 456.0 (Iowa). 99 ...... 55 1 day—4th of July City of East Moline/City East Moline, IA ...... Upper Mississippi River weekend. of East Moline Fire- mile marker 490.2 to works. 489.8 (Iowa).

Sector Sector Houston- Date Sponsor/Name Houston-Galveston loca- Safety zone Galveston tion

100 ...... 1 1st Saturday (Rain RIVERFEST Fireworks Neches River, Port All waters within a 500- date is 1st Sun- Display/Port Neches Neches, TX. yard radius of the fire- day) in May. Chamber of Com- works barge anchored merce, Port Neches, in approximate posi- TX. tion 29°59′51″ N 093°57′06″ W (NAD 83). 101 ...... 2 2nd Saturday in Contraband Days Fire- Lake Charles, Lake All waters within a 1000- May. works Display/Contra- Charles, LA. foot radius of the fire- band Days Festivities, works barge anchored Inc. in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 102 ...... 3 July 4th night and Kemah Board Walk Clear Lake, TX ...... Clear Creek Channel, every Friday Summer Season Fire- including the area night in June works Display, within an 840-foot ra- and July. Kemah, TX. dius of the fireworks barge on the south side of the channel, 100 ft off of Kemah Boardwalk in Gal- veston, TX and an Rectangle extending 500 feet east, 500 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge at Light 19 on Clear Lake, Houston, TX. 103 ...... 4 July 4th ...... Sylvan Beach Fireworks La Porte, TX ...... Rectangle Extending 250 feet east, 250 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge located at Syl- van Beach, Houston, TX. 104 ...... 5 July 4th (Rain date City of Beaumont 4th of Neches River at River- All waters of the Neches July 5th). July Celebration/City front Park, Beaumont, River, shoreline to of Beaumont, TX. TX. shoreline, from the Trinity Industries dry dock to the northeast corner of the Port of Beaumont’s dock No. 5. 105 ...... 6 1st Saturday in Christmas Fireworks Lake Charles, Lake All waters within a 1000- December. Display/City of Lake Charles, LA. foot radius of the fire- Charles, LA. works barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

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Sector Corpus Date Sponsor/Name Sector Safety zone Christi Corpus Christi location

106 ...... 1 Memorial Day South Padre Island Con- Lower Laguna Madre, All waters contained Weekend. vention & Visitors Bu- South Padre Island, within a 1000-ft radius reau/Laguna Madre TX. of the fireworks dis- Memorial Day Fire- play barge moored at work. approximate location 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 107 ...... 2 2nd, 3rd or 4th Cameron County Clerk’s Lower Laguna Madre, All waters contained Monday in June. Office/Texas District South Padre Island, within a 1,000-ft ra- Court Clerk′s Conven- TX. dius of the fireworks tion Fireworks. display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 108 ...... 3 July 4th Rain City of Port Aransas/ Corpus Christi Ship All waters contained dates of July 5th Port Aransas 4th of Chanel—Port Aran- within a 600-ft radius and July 6th. July Fireworks. sas, TX. of a point halfway between Port Aransas Harbor Day Beacon 2 to Port Aransas Ferry Landing in the Corpus Christi Ship Channel, Port Aransas, TX. 109 ...... 4 July 4th Rain Buccaneer Commission/ USS LEXINGTON/Cor- All waters contained dates of July 5th 4th of July Big Bang pus Christi, TX. within a 1,000-ft ra- and July 6th. Fireworks. dius from the bow of the USS LEXINGTON located at approximate position 27°48′50″ N 097°23′18.2″ W, Cor- pus Christi, TX. 110 ...... 5 July 4th Rain City of Port O’Connor King Fisher Park, Port All waters contained dates of July 5th Chamber of Com- O’Connor, TX. within a 1,120-ft ra- and July 6th. merce/4th of July Fire- dius of the furthest ex- works. tent of the King Fisher Pier located at approximate position 28°27′15.6″ N 096°24′11.9″ W, Port O′Connor, TX. 111 ...... 6 July 4th Rain City of Point Comfort/4th Bayfront Park, Point All waters contained dates of July 5th of July Fireworks. Comfort, TX. within a 1,000-ft ra- and July 6th. dius of Bayfront Park located at approximate position 28°40′52.8″ W 096°33′49.2″ W, Point Comfort, TX. 112 ...... 7 July 4th Rain City of Rockport/Wendell Rockport Beach Park/ All waters contained dates of July 5th Family Fireworks. Rockport, TX. within a 700-ft radius and July 6th. of the northeast point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rock- port, TX. 113 ...... 8 Last Saturday in Bayfest, Inc./Bayfest USS Lexington/Corpus All waters contained September. Fireworks. Christi, TX. within a 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Cor- pus Christi, TX.

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Sector Corpus Date Sponsor/Name Sector Safety zone Christi Corpus Christi location

114 ...... 9 Friday nights from Boys & Girls Club of La- Lower Laguna Madre, All waters contained May thru Sep- guna Madre/Fireworks South Padre Island, within a 1,000-ft ra- tember. over the Bay. TX. dius of the fireworks display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 115 ...... 10 Labor Day week- Laguna Madre Edu- Lower Laguna Madre, All waters contained end. cation Foundation/La- South Padre Island, within a 1,000-ft ra- guna Madre Labor TX. dius of the fireworks Day Fireworks. display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 116 ...... 11 1st or 2nd Friday City of Rockport/Rock- Rockport Beach Park/ All waters contained and Saturday in port ‘‘Tropical’’ Christ- Rockport, TX. within a 700-ft radius December. mas Festival Fire- of the northeast point works. of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rock- port, TX. 117 ...... 12 December 30th, South Padre Island Con- Lower Laguna Madre, All waters contained 31st or Jan 1st. vention & Visitors Bu- South Padre Island, within a 1,000-ft ra- reau/SPI New Year′s TX. dius of the fireworks Fireworks. display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 118 ...... 13 Odd Week Fridays Corpus Christi Hooks Corpus Christi Ship All waters contained from April thru Baseball Team/Friday Channel, Corpus within a 1,000-ft ra- September. Night Fireworks. Christi, TX. dius of the Corpus Christi Hooks stadium parking lot located at approximate position 27°48′39.2″ N 097°23′55.2″ W, Cor- pus Christi, TX.

Sector New Date Sponsor/Name Sector Safety zone Orleans New Orleans location

119 ...... 1 Monday before Riverwalk Marketplace/ Mississippi River, New Mississippi River mile Mardi Gras. Lundi Gras Fireworks Orleans, LA. marker 93.0 to 96.0, Display. New Orleans, LA. 120 ...... 2 July 3rd ...... St. John the Baptist/ Mississippi River, Re- Mississippi River mile Independence Day serve, LA. marker 175.0 to celebration. 176.0, Reserve, LA. 121 ...... 3 July 4th ...... Riverfront Marketing Mississippi River, New Mississippi River mile Group/Independence Orleans, LA. marker 94.3 to 95.3, Day Celebration. New Orleans, LA. 122 ...... 4 July 4th ...... Boomtown Casino/Inde- Harvey Canal, Harvey, Harvey Canal mile pendence Day Cele- LA. marker 4.0 to 5.0, bration. Harvey, LA. 123 ...... 5 4th of July ...... Independence Day Morgan City, LA ...... Morgan City Port Allen Celebration, Main Route mile marker 0.0 Street 4th of July to 1.0, Morgan City, (Fireworks Display). LA. 124 ...... 6 July 4th ...... WBRZ—The Advocate Baton Rouge, LA ...... In the vicinity of the 4th of July Fireworks USS KIDD, the Lower Display. Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA.

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Sector New Date Sponsor/Name Sector Safety zone Orleans New Orleans location

125 ...... 7 The Saturday be- Independence Day Grand Isle, LA ...... 500 Foot Radius from fore July 4th or Celebration/Bridge the Pier located at on July 4th if Side Marine. Bridge Side Marine, that day is a 2012 LA Highway 1, Saturday. Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 126 ...... 8 1st Weekend of LA Shrimp and Petro- Morgan City, LA ...... Atchafalaya River at September. leum Festival Fire- mile marker 118.5, works Display, LA Morgan City, LA. Shrimp and Petroleum Festival and Fair As- sociation. 127 ...... 9 1st Weekend in Office of Mayor-Presi- Baton Rouge, LA ...... Located on Left De- December (Usu- dent/Downtown Fes- scending Bank, Lower ally that Friday, tival of Lights. Mississippi River north subject to of the USS KIDD, at change due to mile marker 230, weather). Baton Rouge, LA. 128 ...... 10 December 31st ..... Crescent City Count- Mississippi River, New Mississippi River mile down Club/New Orleans, LA. marker 93.5–95.5, Year’s Celebration. New Orleans, LA. 129 ...... 11 December 31st ..... Boomtown Casino/New Harvey Canal, Harvey, Harvey Canal mile Year’s Celebration. LA. marker 4.0 to 5.0, Harvey, LA. 130 ...... 12 July 4th...... USS KIDD Veterans Baton Rouge, LA ...... In the vicinity of the Memorial/Fourth of USS KIDD, the Lower July Star-Spangled Mississippi River from Celebration. mile marker 228.8 to 230.0, Baton Rouge, LA.

Sector Lower Date Sponsor/Name Sector Safety zone MS River Lower MS River location

131 ...... 1 The Sunday be- Riverfest Inc./Riverfest Arkansas River, Little Regulated Area: Arkan- fore Memorial Fireworks display. Rock, AR. sas River mile marker Day. 118.8 to 119.5, Main Street Bridge, Little Rock, AR. 132 ...... 2 The Saturday be- Memphis in May/Sunset Lower Mississippi River, Regulated Area: Lower fore Memorial Symphony Fireworks Memphis, TN. Mississippi River mile Day. Display. marker 735.0 to 736.0, Memphis, TN. 133 ...... 3 July 4th or the Fourth of July Fireworks/ Lower Mississippi River, Regulated Area: Lower weekend before. Memphis Center City Memphis, TN. Mississippi River mile Commission. marker 735.5 to 736.5, Mud Island, Memphis, TN. 134 ...... 4 July 4th or the Pops on the River Fire- Arkansas River, Little Regulated Area: Arkan- weekend before. works Display/Arkan- Rock, AR. sas River mile marker sas Democrat Gazette. 118.8 to 119.5, Main Street Bridge, Little Rock, AR. 135 ...... 5 July 4th or the Uncle Sam Jam Fire- Red River, Alexandria, Regulated Area: Red weekend before. works, Alexandria, LA.. River mile marker LA./Champion Broad- 83.0 to 87.0, Alexan- casting of Alexandria. dria, LA. 136 ...... 6 July 4th or the Greenville Chamber of Lake Ferguson, Green- Regulated Area: Waters weekend before. Commerce/Fourth of ville, MS. of Lake Ferguson ex- July Fireworks. tending 500 yards in all directions from the concrete pad, 33°24′34″ N, 091°03′58″ W, adjacent to the Lighthouse Casino, Greenville, MS. 137 ...... 7 July 4th or the Pyro Fire Inc./Fourth of Yazoo River, Vicksburg, Regulated Area: Yazoo weekend before. July Celebration. MS. River, mile marker 1.0 to 3.0, Vicksburg, MS.

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Sector Lower Date Sponsor/Name Sector Safety zone MS River Lower MS River location

138 ...... 8 July 4th or the Artisan Pyro Inc./Fourth Lower Mississippi River, Regulated Area: Lower weekend before. of July Celebration. Natchez, MS. Mississippi River, mile marker 365.5 to 364.5, Natchez, MS. 139 ...... 9 Third Friday and The Great Mississippi Lower Mississippi River, Regulated Area: Lower Saturday in Oc- River Balloon Race Natchez, MS. Mississippi River, mile tober. and Fireworks show/ marker 365.5 to Great Mississippi 364.5, Natchez, MS. River Balloon Race Committee. 140 ...... 10 Fourth Saturday in Memphis in May Air Lower Mississippi River, Regulated Area: Lower May. Show, Memphis in Memphis, TN. Mississippi River, mile May. marker 733.0 to 735.5, Memphis, TN. 141 ...... 11 First Saturday in Monroe Christmas Fire- Ouachita River, Monroe, Regulated Area: December. works/Monroe Jaycee. LA. Ouachita River mile marker 168.0 to 169.0, Monroe, LA.

Sector Mobile Date Sponsor/Name Sector Mobile location Safety zone

142 ...... 1 1 Day; 1st week of GoDaddy.Com Bowl/ Mobile Channel, Mobile, Mobile Channel, all January. GoDaddy.Com. AL. waters extending 500 feet around position 30°41′27″ N, 088°02′06″ W. 143 ...... 2 Multiple displays Harbor Walk Seasonal East Pass to East Pass to from May to De- Fireworks/Legendary, Choctawhatchee Bay, Choctawhatchee Bay, cember. Inc. Destin, FL. all waters extending 700′ around position 30′23′17″ N, 086°30′54″ W. 144 ...... 3 2 Days; 1st week- Billy Bowlegs Pirate Santa Rosa Sound, Ft. Santa Rosa Sound, all end in June. Festival/Greater Fort Walton Beach, FL. waters extending 150 Walton Beach Cham- yards around a fire- ber of Commerce. works barge that will be positioned between Fort Walton Beach Landing and the Gulf Intracoastal Water- way. 145 ...... 4 July 4th ...... Niceville July 4th Fire- Boggy Bayou, Niceville, Boggy Bayou, all waters works Show/City of FL. extending 250 yards Niceville, FL. around a fireworks barge that will be positioned at approximately 30°30′46.5″ N, 086°29′13″ W. 146 ...... 5 July 4th ...... Fourth of July Celebra- Santa Rosa Sound, Fort Santa Rosa Sound, all tion/City of Fort Wal- Walton Beach. waters extending 100 ton Beach. yards around a fireworks barge that will be positioned between Fort Walton Beach Landing and the Gulf Intracoastal Water- way. 147 ...... 6 1 Day; 1st week of Sound of Independence/ Santa Rosa Sound, Fort Santa Rosa Sound, all July. Hurlburt Field AFB. Walton Beach. waters extending 200 yards around a fireworks barge that will be positioned at approximately 30°24′22″ N, 086°42′11″ W. 148 ...... 7 July 4th ...... Biloxi Bay Fireworks/Bi- Biloxi Bay, Biloxi, MS .... Biloxi Bay, all waters ex- loxi Bay Chamber of tending 200 yards Commerce. around a fireworks barge that will be positioned at approximately 30°23′12″ N, 088°52′20″ W.

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Sector Mobile Date Sponsor/Name Sector Mobile location Safety zone

149 ...... 8 October ...... MS Gulf Coast Boaters Biloxi Channel, Biloxi, Biloxi Channel, all Rendezvous/MS Gulf MS. waters extending 200 Coast Billfish Classic. yards around channel buoy No. 26. 150 ...... 9 December 31st ..... New Year’s Eve Cele- Mobile Channel, Mobile, Mobile Channel, all bration/City of Mobile. AL. waters extending 500 feet around position 30°41′50″ N, 088°02′13″ W. 151 ...... 10 Biannually occur- Angels Over the Bay/ Back Bay Biloxi, Biloxi, Back Bay Biloxi, Bound- ring during odd Keesler Air Force MS. ed by the following numbered years; Base. coordinates: 2 Days; Mid- Eastern boundary; Lati- March to end of tude 30°25′47.6″ N, April. Longitude 088°54′13.6″ W, to Latitude 30°24′43″ N, Longitude 088°54′13.6″ W. Western Boundary; Lati- tude 30°25′25.6″ N, Longitude 088°56′9″ W, to Latitude 30°24′55″ N, Lon- gitude 088°56′9″ W. 152 ...... 11 4 Days; 2nd week- Blue Angels Air Show/ Gulf of Mexico & Santa Gulf of Mexico to in- end in July. Naval Air Station Pen- Rosa Sound, Pensa- clude all waters 1.75 sacola. cola, FL. nautical miles east and 1.5 nautical miles west of position 30°19′36″ N, 087°08′23″ W and extending 1000 yards south of Pensacola Beach creating a box, referred to as the ‘‘Show Box’’. Santa Rosa Sound to include all waters from Deer Point to Sharp Point and all waters within Little Sabine Bay.

[USCG–2011–0286, 77 FR 12465, Mar. 1, 2012; 77 FR 28767, May 16, 2012]

§ 165.802 Lower Mississippi River, vi- Orleans. The resident engineer at Old cinity of Old River Control Struc- River Control Structure (WUG–424) is ture—Safety Zone. delegated the authority to permit (a) The area enclosed by the fol- entry into this safety zone. lowing boundary is a safety zone—from [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as the Black Hawk Point Light, mile 316.1 amended by CGD8 89–03, 54 FR 16108, Apr. 21, AHP LMR to a point opposite Ft. 1989] Adams Light, mile 311.5 AHP along the low water reference plane above the § 165.803 Mississippi River—regulated right descending bank; thence to the navigation area. levee on a line perpendicular to the The following is a Regulated Naviga- channel centerline; thence along the tion Area—The waters of the Mis- levee to the upstream end of the Old sissippi River between miles 88 and 240 River Overbank structure; thence above Head of Passes. along a line to the Black Hawk Point (a) Definitions. As used in this sec- Light. tion: (b) Any vessel desiring to enter this (1) Breakaway means a barge that is safety zone must first obtain permis- adrift and is not under the control of a sion from the Captain of the Port, New towing vessel.

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(2) COTP means the Captain of the other from fittings as close to each cor- Port, New Orleans. ner of abutting sides as practicable. (3) Fleet includes one or more tiers. (4) No person may moor barges end to (4) Fleeting facility means the geo- end unless they are secured to each graphic area along or near a river bank other from fittings as close to each cor- at which a barge mooring service, ei- ner of abutting ends as practicable. ther for hire or not for hire, is estab- (e) Mooring to a mooring device. (1) A lished. barge may be moored to mooring de- (5) Mooring barge or spar barge means vices if the upstream end of that barge a barge moored to mooring devices and is secured to at least one mooring de- to which other barges may be moored. vice and the downstream end is secured (6) Mooring device includes a to at least one other mooring device, deadman, anchor, pile or other reliable except that from mile 127 to mile 240 a holding apparatus. barge may be moored to mooring de- (7) Person in charge includes any vices if the upstream end of that barge owner, agent, pilot, master, officer, op- is secured to at least one mooring de- erator, crewmember, supervisor, dis- vice. patcher or other person navigating, (2) Barges moored in tiers may be controlling, directing or otherwise re- shifted to mooring devices if the shore- sponsible for the movement, action, se- ward barge at the upstream end of the curing, or security of any vessel, barge, tier is secured to at least one mooring tier, fleet or fleeting facility subject to device, and the shoreward barge at the the regulations in this section. downstream end of the tier is secured to at least one other mooring device, (8) Tier means barges moored inter- except that from mile 127 to mile 240 dependently in rows or groups. barges moored in tiers may be shifted (b) Waivers: (1) The COTP may, upon to mooring devices if the shoreward written request, except as allowed in barge at the upstream end of the tier is paragraph (3) of this subsection, waive secured to at least one mooring device. any regulation in this section if it is (3) Each wire rope used between the found that the proposed operation can upstream end of a barge and a mooring be conducted safely under the terms of device must have at least a diameter of that waiver. 11⁄4 inch. Chain or line used between the (2) Each written request for a waiver upstream end of a barge and a mooring must state the need for the waiver and device must be at least equivalent in describe the proposed operation. strength to 11⁄4 inch diameter wire (3) Under unusual circumstances due rope. to time constraints, the person in (4) Each wire rope used between the charge may orally request an imme- downstream end of a barge and a moor- diate waiver from the COTP. The writing device must have at least a diame- ten request for a waiver must be sub- ter of 7⁄8 inch. Chain or line used be- mitted within five working days after tween the downstream end of a barge the oral request. and a mooring device must be of at (4) The COTP may, at any time, ter- least equivalent strength of 7⁄8 inch di- minate any waiver issued under this ameter wire rope. subsection. (f) Moorings: Barge-to-barge; barge- (c) Emergencies. In an emergency, a to-vessel; barge-to-wharf or pier. The person may depart from any regulation person in charge shall ensure that a in this section to the extent necessary barge moored to another barge, a to avoid immediate danger to persons, mooring or spar barge, a vessel, a property or the environment. wharf, or a pier, is secured as near as (d) Mooring: General. (1) No person practicable to each abutting corner of may secure a barge to trees or to other the barge being moored by: vegetation. (1) Three parts of wire rope of at (2) No person may allow a barge to be least 7⁄8 inch diameter with an eye at moored with unraveled or frayed lines each end of the rope passed around the or other defective or worn mooring. timberhead, caval, or button; (3) No person may moor barges side (2) A mooring of natural or synthetic to side unless they are secured to each fiber rope that has at least 75 percent

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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) 7 equivalent to three parts of ⁄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 submisssion 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 requirements in paragraph (h)(2) of this (ii) Take immediate action to correct section. each deficiency. (2) The person assigned to inspect (k) Fleeting facility: person in charge. moorings shall inspect: The person in charge of a fleeting facil- (i) At least twice each day during pe- ity shall ensure that each deficiency riods that are six hours or more apart, found under the requirements of para- each mooring wire, chain, line and con- graph (h) or (j) of this section is cor- necting gear between mooring devices rected. and each wire, line and connecting (l) Securing breakaways. The person in equipment used to moor each barge; charge shall take immediate action to: and (1) Secure each breakaway; and (ii) After a towboat adds barges to, (2) Report each breakaway as soon as withdraws barges from, or moves possible to the COTP by telephone, barges at a fleeting facility, each radio or other means of rapid commu- mooring wire, line, and connecting nication. equipment of each barge within each (m) High water. (1) This subsection tier affected by that operation. applies to barges on the Mississippi (3) The person who inspects moorings River between miles 88 and 240 above shall take immediate action to correct Head of Passes when: each deficiency. (i) The Carrollton gage stands 12 feet (i) Fleeting facility: Records. The per- or more; or son in charge of a fleeting facility shall (ii) The Carrollton gage stands 10 maintain, and make available to the feet, the U.S. Army Corps of Engineers Coast Guard, records containing the forecasts the Mississippi River is rising following information: to 12 feet, and the District Commander (1) The time of commencement and determines these circumstances to be termination of each inspection re- especially hazardous and issues orders quired in paragraph (h)(2) of this sec- directing that paragraphs (m)(2) and (3) tion. of this section are in effect. (2) The name of each person who (2) During high water, the person in makes the inspection required in para- charge of a fleeting facility shall en- graph (h)(2) of this section. sure compliance with the following re- (3) The identification of each barge quirements: entering and departing the fleeting fa- (i) Each fleet consisting of eight or cility, along with the following infor- more barges must be attended by at mation: last one radar-equipped towboat for (i) Date and time of entry and depar- each 100 barges or less. Joint use of ture; and this towboat by adjacent facilities may

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be considered upon submission of a de- prior to arrival in the regulated navi- tailed proposal for a waiver. gation area. (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, (A) Barges are withdrawn from or 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; moved within the fleet and the fleet at CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– the start of the operation contains 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– eight or more barges; or 006, 60 FR 37944, July 25, 1995] (B) Barges are added to the fleet and § 165.804 Snake Island, Texas City, the number of barges being added plus Texas; mooring and fleeting of ves- the fleet at the start of the operation sels—safety zone. total eight or more. (a) The following is a safety zone: (iii) Each towboat required in para- (1) The west and northwest shores of graphs (m)(2)(i) and (2)(ii) of this sec- Snake Island; tion must be: (2) The Turning Basin west of Snake (A) Capable of safely withdrawing, Island; moving or adding each barge in the (3) The area of Texas City Channel fleet; from the north end of the Turning (B) Immediately operational; Basin to a line drawn 000° true from the (C) Radio-equipped; northwesternmost point of Snake Is- (D) Within 500 yards of the barges; land. and (b) Special regulations. All vessels are (iv) The person in charge of each prohibited from mooring, anchoring, or towboat required in paragraphs otherwise stopping in the safety zone, (m)(2)(i) and (2)(ii) of this section shall except in case of an emergency. maintain: (c) Barges are prohibited from fleet- (A) A continuous guard on the fre- ing or grounding in the zone. quency specified by current Federal (d) In an emergency, vessels shall ad- Communications Commission regula- vise the Captain of the Port, Houston- tions found in Part 83 of Title 47, Code Galveston, of the nature of the emer- of Federal Regulations; and gency via the most rapid means avail- (B) When moored, a continuous able. watch on the barges in the fleeting fa- [CGD 79–034, 47 FR 29660, July 8, 1982, as cility. amended by USCG–2000–7223, 65 FR 40058, (v) During periods when visibility is June 29, 2000] less than 200 yards, the person in § 165.805 Security Zones; Calcasieu charge of each towboat required in River and Ship Channel, Louisiana. paragraph (m)(2)(i) of this subsection shall maintain, when moored, a contin- (a) Location. (1) The following areas uous radar surveillance of the barges are designated as fixed security zones moored in the fleeting facility. (all coordinates are based upon North American Datum of 1983 [NAD 83]): (3) During high water when visibility (i) Trunkline LNG basin. All waters is reduced to less than 200 yards: encompassed by a line connecting the (i) Tows may not be assembled or dis- following points, beginning at 30°06′36″ assembled; N, 93°17′36″ W, south to a point 30°06′33″ (ii) No barge may be added to, with- N, 93°17′36″ W, east to a point 30°06′30″ drawn from or moved within a fleet ex- N, 93°17′02″ W, north to a point 30°06′33″ cept: N, 93°17′01″ W, then tracing the shore- (A) A single barge may be added to or line along the water’s edge to the point withdrawn from the channelward or of origin. downstream end of the fleet; and (ii) Cameron LNG basin. All waters en- (B) Barges made up in a tow may de- compassed by a line connecting the fol- part a fleet from the channelward or lowing points, beginning at 30°02′33″ N, downstream end of the fleet; and 093°19′53″ W, east to a point at 30°02′34″ (iii) No person in charge of a tow ar- N, 093°19′50″ W, south to a point at riving in this regulated navigation area 30°02′10″ N, 093°19′52″ W and west to a may moor unless the COTP is notified point at 30°02′10″ N, 93°19′59″ W, then

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tracing the shoreline along the water’s anchored unless it obtains permission edge to the point of origin. from the Captain of the Port to do oth- (iii) PPG Industries basin. All waters erwise; encompassed by a line connecting the (ii) Commercial vessels operating at following points: Beginning at 30°13′29″ waterfront facilities located within the N, 93°16′34″ W, southwest to a point at zone; 30°13′11″ N, 93°16′51″ W, then proceeding (iii) Vessels providing direct oper- southerly following 100 feet off the ational support to commercial vessels shoreline to a point at 30°12′57.2″ N, within a moving security zone; 93°16′53.2″ W, then east to a point at (iv) Vessels operated by federal, 30°12′57.2″ N, 93°16′50.6″ W then south- state, county, or municipal agencies. erly to a point at 30°12′47.7″ N, (3) Other persons or vessels requiring 93°16′50.3″ W then west to the shoreline entry into security zones described in and then following along the water’s this section must request permission edge to the point of origin. from the Captain of the Port, Port Ar- (2) The following areas are moving thur or designated representatives. security zones: All waters within the (4) To request permission as required Captain of the Port, Port Arthur zone by these regulations, contact Marine commencing at U.S. territorial waters Safety Unit Lake Charles at (337) 491– and extending channel edge to channel 7800 or the on scene patrol vessel. edge on the Calcasieu Channel and (5) All persons and vessels within a shoreline to shoreline on the Calcasieu security zone described in this section River, 2 miles ahead and 1 mile astern must comply with the instructions of of certain designated vessels while in the Captain of the Port, Port Arthur, transit. Meeting, crossing or over- designated on-scene U.S. Coast Guard taking situations are not permitted patrol personnel or other designated within the security zone unless specifi- representatives. On-scene U.S. Coast cally authorized by the Captain of the Guard patrol personnel include com- Port. Coast Guard patrol assets will be missioned, warrant, and petty officers on scene with flashing blue lights ener- of the U.S. Coast Guard. Designated gized when the moving security zones representatives include federal, state, are in effect. local and municipal law enforcement (b) Regulations. (1) Entry into or re- agencies. maining in a fixed zone described in (c) Informational broadcasts: The Cap- paragraph (a)(1) of this section is pro- tain of the Port, Port Arthur will in- hibited for all vessels except: form the public when moving security (i) Commercial vessels operating at zones have been established around waterfront facilities within these vessels via Broadcast Notices to Mari- zones; ners and written notice provided by es- (ii) Commercial vessels transiting di- cort vessels. rectly to or from waterfront facilities [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] within these zones; (iii) Vessels providing direct oper- § 165.806 Sabine Neches Waterway, ational or logistical support to com- Texas—regulated navigation area. mercial vessels within these zones; (a) The following is a regulated navi- (iv) Vessels operated by the appro- gation area—The Sabine Neches Water- priate port authority or by facilities way which includes the following located within these zones; and waters: Sabine Pass Channel, Port Ar- (v) Vessels operated by federal, state, thur Canal, Sabine Neches Canal, county, or municipal agencies. Neches River, Sabine River and all nav- (2) Entry into or remaining in mov- igable waterways tributary thereto. ing zones described in paragraph (a)(2) (b) Unless otherwise authorized by of this section is prohibited for all ves- the Captain of the Port, Port Arthur, sels except: Texas, tows on a hawser of 1000 gross (i) Moored vessels or vessels anchored tons or greater transiting the Sabine- in a designated anchorage area. A Neches Waterway are prohibited unless moored or an anchored vessel in a secu- such tows have a tug of sufficient rity zone described in paragraph (a)(2) horsepower made up to the tow in such of this section must remain moored or a manner as to insure that complete

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and effective control is maintained (c) The Captain of the Port will no- throughout the transit. Inbound vessels tify the maritime community of peri- only, may shift the tow or pick up an ods during which this safety zone will additional tug within 100 yards inside be in effect by providing advance no- the entrance jetties provided that such tice of scheduled arrivals and depar- action is necessary for reasons of pru- tures of loaded LPG vessels via a Ma- dent seamanship. rine Safety Information Broadcast No- tice to Mariners. [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR § 165.807 Calcasieu River, Louisiana— 19933, May 13, 1985] regulated navigation area. § 165.809 Security Zones; Port of Port (a) The following is a regulated navi- Lavaca-Point Comfort, Point Com- gation area—The Calcasieu River from fort, TX and Port of Corpus Christi the Calcasieu jetties up to and includ- Inner Harbor, Corpus Christi, TX. ing the Port of Lake Charles. (a) Location. The following area is (b) Unless otherwise authorized by designated as a security zone: all the Captain of the Port, Port Arthur, waters of the Corpus Christi Inner Har- Texas, tows on a hawser of 1000 gross bor from the Inner Harbor Bridge (U.S. tons or greater transiting the Hwy 181) to, and including the Viola Calcasieu River are prohibited unless Turning Basin. such tows have a tug of sufficient (b) Regulations. (1) No recreational horsepower made up to the tow in such vessels, passenger vessels, or commer- a manner as to insure that complete cial fishing vessels may enter the secu- and effective control is maintained at rity zone unless specifically authorized all times. Inbound vessels only, may by the Captain of the Port Corpus shift the tow or pick up an additional Christi or a designated representative. tug within 100 yards inside the en- (2) Recreational vessels, passenger trance jetties provided that such ac- vessels and commercial fishing vessels tion is necessary for reasons for pru- requiring entry into the security zone dent seamanship. must contact the Captain of the Port [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] Corpus Christi or a designated representative. The Captain of the Port § 165.808 Corpus Christi Ship Channel, may be contacted via VHF Channel 16 Corpus Christi, TX, safety zone. or via telephone at (361) 888–3162 to (a) The following areas are estab- seek permission to transit the area. If lished as safety zones during specified permission is granted, all persons and conditions: vessels must comply with the instruc- (1) For incoming tank vessels loaded tions of the Captain of the Port, Corpus with Liquefied Petroleum Gas, the Christi or a designated representative. waters within a 500 yard radius of the (3) Designated representatives in- LPG carrier while the vessel transits clude U.S. Coast Guard commissioned, the Corpus Christi Ship Channel to the warrant, and petty officers. LPG receiving facility. The safety zone (c) Authority. In addition to 33 U.S.C. remains in effect until the LPG vessel 1231, the authority for this section in- is moored at the LPG receiving facil- cludes 33 U.S.C. 1226. ity. [COTP Corpus Christi–02–003, 67 FR 64046, (2) For outgoing tank vessels loaded Oct. 17, 2002, as amended by COTP Corpus with LPG, the waters within a 500 yard Christi–04–006, 70 FR 39178, July 7, 2005] radius of the LPG carrier while the vessel departs the LPG facility and § 165.810 Mississippi River, LA-regu- transits the Corpus Christi Ship Chan- lated navigation area. nel. The safety zone remains in effect (a) Purpose and applicability. This sec- until the LPG vessel passes the sea- tion prescribes rules for all vessels op- ward extremity of the Aransas Pass erating in the Lower Mississippi River Jetties. below mile 233.9 above Head of Passes (b) The general regulations governing including South Pass and Southwest safety zones contained in 33 CFR 165.23 Pass, to assist in the prevention of apply. allisions; collisions and groundings so

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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: (3) No vessel, except small craft and (1) Supervision. The use, administra- towboats and tugs without tows, as- tion, and navigation of the waterways cending South Pass shall pass Franks to which this paragraph applies shall Crossing Light until after a descending be under the supervision of the District vessel shall have passed Depot Point Commander, Eighth Coast Guard Dis- Light. trict. (4) No vessel, except small craft and (2) Speed; high-water precautions. towboats and tugs without tows, shall When passing another vessel (in mo- enter the channel at the head of South tion, anchored, or tied up), a wharf or Pass until after an ascending vessel other structure, work under construc- which has reached Franks Crossing tion, plant engaged in river and harbor Light shall have passed through into improvement, levees withstanding the river. flood waters, building partially or (5) When navigating South Pass dur- wholly submerged by high water, or ing periods of darkness no tow shall any other structure liable to damage consist of more than one towed vessel by collision, suction or wave action, other than small craft, and during day- vessels shall give as much leeway as light hours no tow shall consist of circumstances permit and reduce their more than two towed vessels other speed sufficiently to preclude causing than small craft. Tows may be in any damages to the vessel or structure formation. When towing on a hawser, being passed. Since this subparagraph the hawser shall be as short as prac- pertains directly to the manner in ticable to provide full control at all which vessels are operated, masters of times. vessels shall be held responsible for (6) When towing in Southwest Pass strict observance and full compliance during periods of darkness no tow shall therewith. During high river stages, consist of more than two towed vessels floods, or other emergencies, the Dis- other than small craft, and during day- trict Commander may prescribe by light hours no tow shall consist of navigation bulletins or other means more than three towed vessels other the limiting speed in land miles per than small craft. hour deemed necessary for the public (e) Watch requirements for anchored safety for the entire section or any and moored passenger vessels. part of the waterways covered by this (1) Passenger vessels. Except as pro- paragraph, and such limiting speed vided in paragraph (e)(2) of this sec- shall be strictly observed. tion, each passenger vessel with one or (3) Towing. Towing in any formation more passengers on board, must— by a vessel with insufficient power to (i) Keep a continuously manned pilot- permit ready maneuverability and safe house; and handling is prohibited. (ii) Monitor river activities and ma- (c) [Reserved] rine VHF, emergency and working fre- (d) Navigation of South and South- quencies of the port, so as to be imme- west Passes. diately available to take necessary ac- (1) No vessel, except small craft and tion to protect the vessel, crew, and towboats and tugs without tows, shall passengers if an emergency radio enter either South Pass or Southwest broadcast, danger signal, or visual or Pass from the Gulf until after any de- other indication of a problem is re- scending vessel which has approached ceived or detected. within two and one-half (21⁄2) miles of (2) Each ferryboat, and each small the outer end of the jetties and visible passenger vessel to which 46 CFR

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175.110 applies, may monitor river ac- the vicinity of Eighty-one Mile Point are lo- tivities using a portable radio from a cated in 33 CFR 161.65(e). vantage point other than the pilot- (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 house. U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. (f) Each self-propelled vessel of 1,600 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) or more gross tons subject to 33 CFR [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as part 164 shall also comply with the fol- amended by CGD 78–080, 44 FR 47933, Aug. 16, lowing: 1979; CGD 86–049, 51 FR 27840, Aug. 4, 1986. Re- (1) While under way in the RNA, each designated by CGD 90–020, 59 FR 36324, July vessel must have an engineering watch 15, 1994; CGD 95–033, 60 FR 28333, May 31, 1995; capable of monitoring the propulsion CCGD08–97–020, 62 FR 58653, Oct. 30, 1997; 64 FR 18813, Apr. 16, 1999; CGD08–07–007, 72 FR system, communicating with the 41625, July 31, 2007; USCG–2006–24371, 74 FR bridge, and implementing manual-con- 11213, Mar. 16, 2009; USCG–1998–4399, 75 FR trol measures immediately when nec- 66315, Oct. 28, 2010] essary. The watch must be physically present in the machinery spaces or in § 165.811 Atchafalaya River, Berwick the machinery-control spaces and must Bay, LA-regulated navigation area. consist of at least an appropriately li- (a) The following is a regulated navi- censed or credentialed engineer officer. gation area: the waters of the (2) Before embarking a pilot when en- Atchafalaya River in Berwick Bay tering or getting under way in the bounded on the northside from 2,000 RNA, the master of each vessel shall yards north of the U.S. 90 Highway ensure that the vessel is in compliance Bridge and on the southside from 4,000 with 33 CFR part 164. yards south of the Southern Pacific (3) The master shall ensure that the Railroad (SPRR) Bridge. chief engineer has certified that the (b) Within the regulated navigation following additional operating condi- area described in paragraph (a) of this tions will be satisfied so long as the section, § 161.40 of this chapter estab- vessel is under way within the RNA: lishes a VTS Special Area for waters (i) The main propulsion plant is in all within a 1000 yard radius of the SPRR respects ready for operations including Bridge. the main-propulsion air-start systems, (c) When the Morgan City River fuel systems, lubricating systems, cool- gauge reads 3.0 feet or above mean sea ing systems, and automation systems; level, in addition to the requirements (ii) Cooling, lubricating, and fuel-oil set forth in § 161.13 of this chapter, the systems are at proper operating tem- requirements of paragraph (d) and (e) peratures; of this section apply to a towing vessel (iii) Main propulsion machinery is which will navigate: available to immediately respond to (1) under the lift span of the SPRR the full range of maneuvering com- Bridge; or mands any load-limiting programs or (2) through the navigational opening automatic acceleration-limiting pro- of the U.S. 90 Highway Bridge: or grams that would limit the speed of re- (3) through the navigational opening sponse to engine orders beyond that of the Highway 182 Bridge. needed to prevent immediate damage (d) Towing requirements. (1) Towing on to the propulsion machinery are capa- a hawser is not authorized, except that ble of being overridden immediately. one self-propelled vessel may tow one (iv) Main-propulsion standby systems other vessel without barges upbound; are ready to be immediately placed in (2) A towing vessel and barges must service. be arranged in tandem, except that one (g) [Reserved] vessel may tow one other vessel along- NOTE TO § 165.810: Control Light provisions side; (previously referenced in paragraph (c) of (3) Length of tow must not exceed this section) used to manage vessel traffic 1,180 feet; and during periods of high waters in the vicinity (4) Tows with a box end in the lead of Algiers Point are located in 33 CFR must not exceed 400 feet in length. 161.65(c). The special operating requirements (previously referenced in paragraph (g) of NOTE: The variation in the draft and the this section) used to manage vessel traffic in beam of the barges in a multi-barge tow

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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 (e) Horsepower Requirement. (1) The ship provided they operate at the min- following requirements apply to a tow- imum speed necessary to maintain a ing vessel of 3,000 hp or less: safe course. (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. (2) Vessels requiring entry within 500 Downbound ...... 600hp or (Length 600hp or (Length yards of a cruise ship that cannot slow of tow—200ft) × of tow) × 3. 3. to the minimum speed necessary to maintain a safe course must request NOTE: A 5% variance from the available horsepower is authorized. express permission to proceed from the Captain of the Port New Orleans or his (2) All tows carrying cargoes of par- designated representative. ticular hazard as defined in § 160.203 of (3) For the purpose of this rule the this chapter must have available horse- term ‘‘cruise ship’’ is defined as a pas- power of at least 600 hp or three times senger vessel over 100 gross tons, car- the length of tow, whichever is greater. rying more than 12 passengers for hire, (f) Notice of Requirements. Notice that making a voyage lasting more than 24 these rules are anticipated to be put hours, any part of which is on the high into effect, or are in effect, will be seas, and for which passengers are em- given by: barked or disembarked in the United (1) Marine information broadcasts; States or its territories. (2) Notices to mariners; (4) The Captain of the Port New Orle- (3) Vessel Traffic Center advisories or ans will inform the public of the mov- upon vessel information request; and ing security zones around cruise ships via Marine Safety Information Broad- [CGD 90–020, 59 FR 36334, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, casts. 1995; CGD08–06–023, 72 FR 27741, May 17, 2007] (5) To request permission as required by these regulations contact ‘‘New Or- § 165.812 Security Zones; Lower Mis- 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, 28°52′42″ N, 89°25′54″ W [NAD 83] and warrant, and petty officers of the U.S. Lower Mississippi River mile marker Coast Guard. 96.0 in New Orleans, Louisiana. These (c) Authority. In addition to 33 U.S.C. moving security zones encompass all 1231, the authority for this section in- waters within 500 yards of a cruise ship. cludes 33 U.S.C. 1226. These zones remain in effect during the [COTP New Orleans–02–005, 67 FR 61989, Oct. entire transit of the vessel and con- 3, 2002] tinue while the cruise ship is moored or anchored. § 165.813 Security Zones; Ports of (b) Regulations. (1) Entry of persons Houston and Galveston, TX. and vessels into these zones is prohib- (a) Location. Within the Ports of ited unless authorized as follows. Houston and Galveston, Texas, moving

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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 (713) 671–5103. 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] expressly authorized by the Coast § 165.814 Security Zones; Captain of Guard Captain of the Port Houston- the Port Houston-Galveston Zone. Galveston. Where the Houston Ship Channel narrows to 400 feet or less be- (a) Location. The following areas are tween Houston Ship Channel Entrance designated as security zones: Lighted Bell Buoy ‘‘18’’, light list no. (1) Houston, Texas. The Houston Ship 34385 at approximately 29°21′06″ N, Channel and all associated turning ba- 94°47′00″ W [NAD 83] and Barbours Cut, sins, bounded by a line drawn between the Captain of the Port Houston-Gal- Houston Ship Channel Light 132 veston may permit vessels that must (LLNR–24445) and Houston Ship Chan- transit the navigable channel between nel Light 133 (LLNR–24450) west to the these points to enter within 100 yards T & N Rail Road Swing Bridge at the of a cruise ship. entrance to Buffalo Bayou, including (iii) Moored vessels or vessels an- all waters adjacent to the ship channel chored in a designated anchorage area from shoreline to shoreline and the are permitted to remain within 100 first 200 yards of connecting water- yards of a cruise ship while it is in ways. transit. (2) Morgan’s Point, Texas. The (2) Vessels requiring entry within 500 Barbours Cut Ship Channel and Turn- yards of a cruise ship that cannot slow ing Basin containing all waters west of to the minimum speed necessary to a line drawn between Junction Light maintain a safe course must request ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ W express permission to proceed from the (LLNR–23525), and Houston Ship Chan- Captain of the Port Houston-Gal- nel Light 91, 29°41′00″ N, 94°59′00″ W veston, or his designated representa- (LLNR–23375) (NAD 1983). tive. (3) Bayport, TX. The Port of Bayport, (3) For the purpose of this section the Bayport Ship Channel and Bayport term ‘‘cruise ship’’ is defined as a pas- Turning Basin containing all waters senger vessel over 100 gross tons, car- south of latitude 28°36′45″ N and west of rying more than 12 passengers for hire, Bayport Ship Channel Light 9 (LLNR– making a voyage lasting more than 24 23295) (NAD 1983). hours, any part of which is on the high (4) Texas City, Texas. The Port of seas, and for which passengers are em- Texas City Channel, Turning Basin and barked or disembarked in the United Industrial Canal containing all waters States or its territories. bounded by the area south and west of (4) The Captain of the Port Houston- a line drawn from Texas City Channel Galveston will inform the public of the Light 19 (LLNR 24810) through Cut B moving security zones around cruise Inner Range Front Light (LLNR 24765)

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and terminating on land in position (v) Vessels operated by federal, state, 29°23′16″ N, 94°53′15″ W (NAD 1983). county, or municipal agencies. (5) Freeport, Texas. (i) The Dow Barge (2) Other persons or vessels requiring Canal, containing all waters of the Dow entry into a zone described in this sec- Barge Canal north of a line drawn be- tion must request express permission tween 28°56.81′ N/095°18.33′ W and to enter from the Captain of the Port 28°56.63′ N/095°18.54′ W (NAD 1983). Houston-Galveston, or designated rep- (ii) The Brazos Harbor, containing all resentative. The Captain of the Port waters west of a line drawn between Houston-Galveston’s designated rep- 28°56.45′ N, 095°20.00′ W, and 28°56.15′ N, resentatives are any personnel granted 095°20.00′ W (NAD 1983) at its junction authority by the Captain of the Port with the Old Brazos River. Houston-Galveston to receive, evalu- (iii) The Dow Chemical plant, con- ate, and issue written security zone taining all waters of the Brazos Point entry permits, or the designated on- Turning Basin within 100′ of the north scene U.S. Coast Guard patrol per- shore and bounded on the east by the sonnel described in paragraph (b)(4). longitude line drawn through 28°56.58′ (3) To request permission as required N/095°18.64′ W and on the west by the by these regulations contact ‘‘Houston longitude line drawn through 28°56.64′ Traffic’’ via VHF Channels 11/12 or by N/095°19.13′ W (NAD 1983). phone at (713) 671–5103. (iv) The Seaway Teppco Facility, (4) All persons and vessels shall com- containing all waters of the Brazos ply with the instructions of the Cap- Port Turning Basin bounded on the tain of the Port Houston-Galveston and south by the shore, the north by the 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, [COTP Houston-Galveston–02–009, 67 FR 095°19.27′ W and 28°56.11′ N, 095°19.34′ W 23593, May 5, 2003, as amended by USCG–2009– (NAD 1983). 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, (v) The Conoco Phillips Facility 75 FR 11002, Mar. 10, 2010] docks, containing all waters within 100′ of a line drawn from a point on shore § 165.815 Ohio River at Louisville, KY; at Latitude 28°55.96′ N, Longitude regulated navigation area. 095°19.77′ W, extending west to a point (a) The following is a regulated navi- on shore at Latitude 28°56.19′ N, Lon- gation area: The waters of the Ohio gitude 095°20.07′ W (NAD 1983). River from the Clark Memorial (High- (vi) The Freeport LNG Basin con- way) Bridge at Mile 603.5, downstream taining all waters shoreward of a line to McAlpine Dam at Mile 604.4. drawn between the eastern point at (b) The general regulations governing latitude 28°56′25″ N, 095°18′13″ W, and the regulated navigation area contained in western point at 28°56′28″ N, 095°18′31″ 33 CFR part 165, subpart B apply. W, east towards the jetties. (c) No pleasure or fishing craft shall (b) Regulations. (1) Entry of into these be operated within the regulated navi- zones is prohibited except for the fol- gation area at any time without prior lowing: permission of the Captain of the Port, (i) Commercial vessels operating at Louisville, Kentucky, except in case of waterfront facilities within these emergency and except for passage zones; through McAlpine Lock. (ii) Commercial vessels transiting di- [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- rectly to or from waterfront facilities ignated by CGD 96–026, 61 FR 33669, June 28, within these zones; 1996] (iii) Vessels providing direct operational/logistic support to commercial § 165.817 Arkansas River, Mile 118.2 to vessels within these zones; 125.4, Little Rock Arkansas—regu- (iv) Vessels operated by the appro- lated navigation area. priate port authority or by facilities (a) Location. The following is a regu- located within these zones; and lated navigation area (RNA): The

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waters of the Arkansas River between § 165.818 Moving Security Zones, for mile 118.2 and mile 125.4. certain vessels in Freeport En- (b) Regulations. Transit of the RNA trance Channel, Freeport, Texas. is limited during periods of high veloc- (a) Location. The following areas are ity flow, defined as the flow rate of security zones: All waters within the 70,000 cubic feet per second or more at Captain of the Port Houston-Galveston the Murray Lock and Dam at mile Zone commencing at U.S. territorial 125.4. The flow rate at this location is waters through the Freeport Entrance calculated by the U.S. Army Corps of Channel, from surface to bottom, one Engineers on a regular and routine thousand (1000) yards ahead and astern basis. This information will be distrib- and five hundred (500) yards on each uted by announcements by Coast side of any vessel that has a moving se- Guard Marine Information Broadcasts, curity zone established around it. publication in Coast Guard Local No- (b) Regulations. Entry into or remain- tice to Mariners, and telephone or ing in the zones described in paragraph radio contact with the Lockmaster at (a) of this section is prohibited unless Murray Lock and Dam. authorized as follows: (c) Transit of the RNA during periods (1) Moored vessels or vessels an- of high velocity flow may only occur chored in a designated anchorage area under the following conditions: are permitted to remain moored or an- (1) Vessels may not meet or pass in chored if they come within a security the RNA. zone described in paragraph (a) of this (2) No vessel shall anchor, stop, re- section. A moored or an anchored ves- main or drift without power at any sel in a security zone must remain time in the RNA. moored or anchored unless it obtains (3) All vessels shall continually mon- permission from the Captain of the itor VHF-FM channel 13 on their radio- Port to do otherwise. telephone while in or approaching the (2) Commercial vessels operating at RNA. the waterfront facilities within these (4) Prior to entering the RNA, zones. downbound vessels shall make a broad- (3) Commercial vessel transiting di- cast in the blind on VHF-FM channel rectly to or from waterfront facilities 13 announcing their estimated time of within these zones. departure from Murray Lock and Dam (4) Vessels providing direct oper- or from the mooring cells at mile 121.5 ational/logistic support to commercial to ensure there are no upbound vessels vessels within these zones. within the RNA. If there is upbound (5) Vessels operated by the port au- traffic within the RNA, the downbound thority or by facilities located within vessel shall not depart until the these zones. upbound vessel has passed through the (6) Vessels operated by Federal, RNA. After departing, vessels will pro- State, county, or municipal agencies. ceed through the RNA, including all (7) All persons and vessels within the drawbridges located therein, without moving security zone must comply delay. with the instructions of the Captain of (5) When upbound vessels reach mile the Port Houston-Galveston and des- 116, they shall make a broadcast in the ignated on-scene U.S. Coast Guard pa- blind on VHF-FM channel 13 announc- trol personnel. On-scene U.S. Coast ing their estimated arrival time at the Guard patrol personnel include com- Rock Island Railroad Bridge at mile missioned, warrant, and petty officers 118.2. of the U.S. Coast Guard. (6) When a downbound vessel is al- (8) To request permission as required ready in the RNA, an upbound vessel by these regulations, contact the Sec- shall adjust its speed so as to avoid a tor Houston-Galveston Command Cen- meeting situation in the RNA. ter by telephone at (713) 671–5113. In (d) Refer to 33 CFR 117.123 for draw- Freeport, vessels should contact the bridge operation regulations. Captain of the Port’s designated on- [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- scene representative for the moving se- ignated by CGD 96–026, 61 FR 33669, June 28, curity zone on VHF Channel 16, or by 1996] telephone at (979) 233–7551.

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(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 east to a point at 29°45′52.8″ N, from the Captain of the Port to do oth- 093°55′20.8″ W; then bearing 120° T to the erwise; shoreline at 29°45′50″ N, 093°55′17″ W. (ii) Commercial vessels operating at (ii) Sabine Pass LNG, Cameron Parish, waterfront facilities located within the LA: All mooring basin waters north of zone; a line connecting the following (iii) Vessels providing direct oper- points—beginning at the shoreline in ational support to commercial vessels position 29°44′34.7″ N, 093°52′29″ W; then within a moving security zone; southeast to a point at 29°44′31.4″ N, (iv) Vessels operated by Federal, 093°52′26.4″ W; then bearing 121° T to a State, county, or municipal law en- point at 29°44′25.2″ N, 093°52′14.6″ W; forcement agencies. then bearing 116° T to the shoreline at (3) Meeting, crossing or overtaking 29°44′23.75 N, 093°52′00″ W. situations are not permitted within the (2) The following areas are designated security zone described in paragraph as moving security zones: All waters of (a)(2) of this section unless specifically the Captain of the Port, Port Arthur authorized by the Captain of the Port. Zone commencing at U.S. territorial (4) Other persons or vessels requiring waters and extending from the surface entry into security zones described in

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this section must request permission § 165.821 Ohio River at Cincinnati, OH; from the Captain of the Port, Port Ar- regulated navigation area. thur or designated representative. (a) Location. The following is a regu- (5) To request permission to enter a security zone described in this section, lated navigation area (RNA)—The contact Vessel Traffic Service Port Ar- waters of the Ohio River between mile thur on VHF Channel 01A or 65A; by 466.0 and mile 473.0. telephone at (409) 719–5070; by fax at (b) Activation. The restrictions in (409) 719–5090; or contact the Captain of paragraphs (c) (1) through (4) are in ef- the Port’s designated on-scene patrol fect from one-half hour before sunset vessel on VHF channel 13 or 16. to one-half hour after sunrise when the (6) All persons and vessels within a Cincinnati, Ohio, Ohio River Gauge is security zone described in this section at or above the 45 foot level. The Cap- must comply with the instructions of tain of the Port, Louisville, Kentucky the Captain of the Port, Port Arthur, will publish a notice in the Local No- designated on-scene U.S. Coast Guard tice to Mariners and will make an- patrol personnel or other designated nouncements by Coast Guard Marine representatives. Designated on-scene Information Broadcasts whenever the U.S. Coast Guard patrol personnel in- river level measured at the gauge acti- clude commissioned, warrant, and vates or terminates the navigation re- petty officers of the U.S. Coast Guard. strictions in this section. Designated representatives include Federal, State, local and municipal law (c) Regulations. (1) Transit through enforcement agencies. the RNA by all downbound vessels towing cargoes regulated by Title 46 Code [USCG–2009–0316, 75 FR 65235, Oct. 22, 2010, as of Federal Regulations Subchapters D amended at 76 FR 1521, Jan. 11, 2011] and O with a tow length exceeding 600 § 165.820 Security Zone; Ohio River feet excluding the tow boat is prohib- Mile, 34.6 to 35.1, Shippingport, ited. Pennsylvania. (2) No vessel shall loiter, anchor, (a) Location. The following area is a stop, remain or drift without power at security zone: The waters of the Ohio any time within the navigation chan- River, extending 200 feet from the nel of the RNA. shoreline of the left descending bank (3) All commercial vessels shall con- beginning from mile marker 34.6 and tinually monitor VHF-FM channel 13 ending at mile marker 35.1. on their radiotelephone while in or ap- (b) Regulations. (1) Entry into or re- proaching the RNA. maining in this zone is prohibited un- (4) Between Ohio River miles 464.0 less authorized by the Coast Guard and 466.0, downbound vessels shall Captain of the Port, Pittsburgh. make a broadcast in the blind, on VHF- (2) Persons and vessels desiring to FM channel 13 announcing their esti- transit the area of the security zone may contact the Captain of the Port mated time of entering the RNA. Pittsburgh at telephone number 412– [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- 644–5808 or on VHF channel 16 to seek designated by CGD 97–023, 62 FR 33365, June permission to transit the area. If per- 19, 1997, as amended by USCG–1998–3799, 63 mission is granted, all persons and ves- FR 35533, June 30, 1998] sels must comply with the instructions of the Captain of the Port Pittsburgh § 165.822 Safety Zone; Fireworks Dis- or his designated representative. play, Kanawha River, WV. (c) Authority. In addition to 33 U.S.C. (a) Safety zones. The following areas 1231, the authority for this section in- are designated safety zones: all waters cludes 33 U.S.C. 1226. between the specified mile markers on [COTP Pittsburgh–02–005, 67 FR 40163, June the Kanawha River, described as fol- 12, 2002] lows in the Table to § 165.822(a):

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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 (3) Quad Cities Generating Station Se- Port Ohio Valley or designated rep- curity Zone, Cordova, Illinois—all waters resentative will inform the public of the Upper Mississippi River, extend- through broadcast notice to mariners ing 300 feet from the shoreline of the of the enforcement periods for the safe- left descending bank beginning from ty zones. mile marker 506.3 and ending at mile (c) Regulations. (1) In accordance with marker 507.3. the general regulations in § 165.23 of (4) Prairie Island Nuclear Generating this part, entry into this zone is pro- Facility Security Zone, Welch, Min- hibited unless authorized by the Cap- nesota—all waters of the Upper Mis- tain of the Port Ohio Valley or des- sissippi River, extending 300 feet from ignated representative. the shoreline of the right descending (2) Persons or vessels requiring entry bank beginning from mile marker 798.0 into or passage through this zone must and ending at 798.3. request permission from the Captain of (5) Clinton Power Station Security the Port Ohio Valley, or a designated Zone, Clinton, Illinois—all waters of representative. They may be contacted Lake Clinton in Dewitt County in East on VHF–FM Channels 13 or 16, or by Central Illinois bounded by a dam con- telephone at (800) 253–7465. structed near the confluence of Salt (3) All persons and vessels shall com- Creek River mile 56 and the north fork ply with the instructions of the Cap- of Salt Creek. The zone extends out 600 tain of the Port Ohio Valley and des- feet from shore. Boundaries of the zone ignated on-scene U.S. Coast Guard pa- begin at 40°10′30″ N, 88°50′30″ W; thence trol personnel. east to 40°10′30″ N, 88°49′55″ W; thence (4) On-scene U.S. Coast Guard patrol south to 40°10′15″ N, 88°49′55″ W; thence personnel include commissioned, war- west to 40°10′15″ N, 88°50′30″ W; thence rant, and petty officers of the U.S. returning north to the origin. These Coast Guard. coordinates are based upon [NAD 83]. [USCG–2010–1015, 76 FR 28314, May 17, 2011] (b) Regulations. (1) Entry into these security zones is prohibited unless au- § 165.825 Security Zones; Captain of thorized by the Coast Guard Captain of the Port St. Louis, Missouri. the Port, St. Louis or designated rep- (a) Location. The following areas are resentative. security zones: (2) The Ft. Calhoun and Cooper secu- (1) Fort Calhoun Nuclear Power Station rity zones include a portion of the nav- Security Zone, Fort Calhoun, Nebraska— igable channel of the Missouri River. all waters of the Missouri River, ex- All vessels that may safely navigate tending 75 feet from the shoreline of outside of the channel are prohibited the right descending bank beginning from entering the security zone with- from mile marker 645.6 and ending at out the express permission of the Cap- mile marker 646.0. tain of the Port St. Louis or designated (2) Cooper Nuclear Station Security representative. Vessels that are re- Zone, Brownville, Nebraska—all waters quired to use the channel for safe navi- of the Missouri River, extending 250 gation are authorized entry into the feet from the shoreline of the right de- zone but must remain within the chan- scending bank beginning from mile nel unless expressly authorized by the marker 532.5 and ending at mile mark- Captain of the Port St. Louis or des- er 532.9. ignated representative.

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(3) Persons or vessels requiring the tion area (RNA): the Mississippi River Captain of the Port St. Louis’ permis- above mile 235.0, Above Head of Passes, sion to enter the security zones must including all its tributaries; the contact the Coast Guard Sector Upper Atchafalaya River above mile 55.0, in- Mississippi River at telephone number cluding the Red River; the Ohio River 319 524–7511 or on VHF marine channel and all its tributaries; and the Ten- 16 or Marine Safety Detachment Quad nessee River from its confluence with Cities at telephone number 309 782–0627 the Ohio River to mile zero on the Mo- or the Captain of the Port, St. Louis at bile River and all other tributaries be- telephone number 314 539–3091, ext. 3500 tween these two rivers. in order to seek permission to enter (b) Applicability. This section applies the security zones. If permission is to towing vessel operators and fleeting granted, all persons and vessels must area managers responsible for CDC comply with the instructions of the barges in the RNA. This section does Captain of the Port, St. Louis or des- not apply to: ignated representative. (1) Towing vessel operators respon- (4) Designated representatives are sible for barges not carrying CDCs commissioned, warrant, and petty offi- barges, or cers of the U.S. Coast Guard. (2) Fleet tow boats moving one or (c) Authority. In addition to 33 U.S.C. more CDC barges within a fleeting 1231, the authority for this section in- area. cludes 33 U.S.C. 1226. (c) Definitions. As used in this sec- [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, tion— 2002] Barge means a non-self propelled vessel engaged in commerce, as set out in § 165.827 Regulated Navigation Area; 33 CFR 160.204. Galveston Channel, TX. Certain Dangerous Cargo or (CDC) in- (a) Location. The following area is a cludes any of the following: regulated navigation area: All waters (1) Division 1.1 or 1.2 explosives as de- of the Galveston Channel within the fined in 49 CFR 173.50. area from Latitude 29°20′19″ N, Lon- (2) Division 1.5D blasting agents for gitude 094°46′36″ W, east to Latitude which a permit is required under 49 29°20′06″ N, Longitude 094°46′15″ W, CFR 176.415 or, for which a permit is re- south to Latitude 29°19′47″ N, Longitude quired as a condition of a Research and 094°46′27″ W, west to Latitude 29°19′51″ Special Programs Administration ex- N, Longitude 094°46′45″ W, and north to emption. Latitude 29°20′19″ N, Longitude (3) Division 2.3 ‘‘poisonous gas’’, as 094°46′36″ W. listed in 49 CFR 172.101 that is also a (b) Regulations. (1) Vessels navigating ‘‘material poisonous by inhalation’’ as this area must do so at a minimum safe defined in 49 CFR 171.8, and that is in a speed so as to not cause any wake. quantity in excess of 1 metric ton per (2) Vessels may proceed at greater barge. than a minimum safe speed with per- (4) Division 5.1 oxidizing materials mission of the Captain of the Port for which a permit is required under 49 Houston-Galveston or a designated rep- CFR 176.415 or, for which a permit is re- resentative. quired as a condition of a Research and (3) To request permission as required Special Programs Administration ex- by these regulations, contact the Sec- emption. tor Houston-Galveston Command Cen- (5) A liquid material that has a pri- ter by telephone at (713)671–5113. mary or subsidiary classification of Di- [USCG–2009–0931, 75 FR 47715, Aug. 9, 2010] vision 6.1 ‘‘poisonous material’’ as listed in 49 CFR 172.101 that is also a ‘‘ma- § 165.830 Regulated Navigation Area; terial poisonous by inhalation’’, as de- Reporting Requirements for Barges fined in 49 CFR 171.8 and that is in a Loaded with Certain Dangerous bulk packaging, or that is in a quan- Cargoes, Inland Rivers, Eighth tity in excess of 20 metric tons per Coast Guard District. barge when not in a bulk packaging. (a) Regulated Navigation Area. The fol- (6) Class 7, ‘‘highway route controlled lowing waters are a regulated naviga- quantity’’ radioactive material or

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‘‘fissile material, controlled ship- more CDC barges, except if the evo- ment’’, as defined in 49 CFR 173.403. lution of making up a tow with a CDC (7) Bulk liquefied chlorine gas and barge will take less than four hours be- bulk liquefied gas cargo that is flam- fore originating a voyage, and the tow- mable and/or toxic and carried under 46 ing vessel operator did not receive the CFR 154.7. order to make up a tow with a CDC (8) The following bulk liquids— barge in advance of four hours before (i) Acetone cyanohydrin, originating the voyage with one or (ii) Allyl alcohol, more CDC barges, in which case the (iii) Chlorosulfonic acid, towing vessel operator shall submit the (iv) Crotonaldehyde, required report to the IRVMC as soon (v) Ethylene chlorohydrin, as possible after receiving orders to (vi) Ethylene dibromide, make up a tow with one or more CDC (vii) Methacrylonitrile, barges; (viii) Oleum (fuming sulfuric acid), (iii) Upon dropping off one or more and CDC barges at a fleeting area or facil- (ix) Propylene oxide. ity; CDC barge means a barge containing (iv) Upon picking up one or more ad- CDCs or CDC residue. ditional CDC barges from a fleeting Downbound means the tow is trav- area or facility; eling with the current. (v) At designated reporting points, Eighth Coast Guard District means the set forth in paragraph (e) of this sec- Coast Guard District as set out in 33 tion; CFR 3.40–1. (vi) When the estimated time of ar- Fleeting area means any fleet, includ- rival (ETA) to a reporting point varies ing any facility, located within the by 6 hours from the previously reported area covered by one single port. ETA; Fleet tow boat means any size vessel (vii) Any significant deviation from that is used to move, transport, or de- previously reported information; liver a CDC barge within a fleeting (viii) Upon departing the RNA with area. one or more CDC barges; and Inland River Vessel Movement Center (ix) When directed by the IRVMC. or (IRVMC) means the Coast Guard of- (2) The fleeting area manager respon- fice that is responsible for collecting sible for one or more CDC barges in the the information required by this sec- RNA must report all the information tion. items specified in table 165.830(g), in Towing vessel means any size vessel paragraph (g) of this section, to the that is used to move, transport, or de- IRVMC: liver a CDC barge to a fleet or facility (i) Once daily, report all CDC barges that is located in a different port than within the fleeting area; where the voyage originated. (ii) Upon moving one or more CDC Towing vessel operator means the Cap- barges within a fleeting area by a fleet tain or pilot who is on watch on board tow boat; a towing vessel. (iii) Any significant deviation from Upbound means the tow is traveling previously reported information; and against the current. (iv) When directed by the IRVMC. (d) Regulations. The following must (3) Reports required by this section report to the Inland River Vessel Move- may be made by a company representa- ment Center (IRVMC): tive or dispatcher on behalf of the (1) The towing vessel operator re- fleeting area manager. sponsible for one or more CDC barges (4) Reports required by this section in the RNA must report all the infor- must be made to the IRVMC either by mation items specified in table telephone to (866) 442–6089, by fax to 165.830(f), in paragraph (f) of this sec- (866) 442–6107, or by e-mail to tion, to the IRVMC: [email protected]. A reporting form (i) Upon point of entry into the RNA and e-mail link are available at http:// with one or more CDC barges; www.uscg.mil/d8/Divs/M/IRVMC.htm. (ii) Four hours before originating a (5) The general regulations contained voyage within the RNA with one or in 33 CFR 165.13 apply to this section.

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(e) Eighth Coast Guard District Inland (xiii) Arriving Robert C. Bryd L&D River RNA Reporting points. Towing ves- (downbound) sel operators responsible for one or (xiv) Departing Belleville L&D more CDC barges in the RNA must (xv) Departing Hannibal L&D (xvi) Departing Montgomery L&D make reports to the IRVMC at each (6) Allegheny River at Lock & Dam (L&D), as point listed in this paragraph (e): indicated: (1) Lower Mississippi River (LMR), between (i) Departing L&D 4 (upbound) Mile Markers (M): (ii) Arriving L&D 4 (downbound) (i) M 235.0–240.0 (Entering & Exiting RNA) (7) Monongahela River Departing Lock & (ii) M 338.0–343.0 Dam (L&D): (iii) M 430.0–435.0 (i) Grays Landing L&D (iv) M 520.0–525.0 (ii) L&D 3 (v) M 621.0–626.0 (8) Kanawha River, at Lock & Dam (L&D), as (vi) M 695.0–700.0 indicated: (vii) M 772.0–777.0 (i) Arriving Winfield L&D (upbound) (viii) M 859.0–864.0 (ii) Departing Winfield L&D (downbound) (ix) M 945.0–950.0 (9) Cumberland River, between Mile Markers (2) Upper Mississippi River (UMR), between (M) and Departing Lock & Dam (L&D), Mile Markers (M) and Departing Lock & unless otherwise indicated: Dam (L&D), unless otherwise indicated: (i) Departing Old Hickory L&D (upbound) (i) L&D 3 (ii) Arriving Old Hickory L&D (downbound) (ii) L&D 4 (iii) M 127.0–129.0 (iii) L&D 8 (iv) Barkley L&D (iv) L&D 11 (10) Tennessee River, between Mile Markers (v) L&D 14 (M) and when Departing Lock & Dam (vi) L&D 18 (L&D), unless otherwise indicated: (vii) L&D 21 (i) Fort Loudon L&D (viii) L&D 25 (ii) Watts Bar L&D (ix) Arriving Melvin Price L&D (iii) Departing Chickamauga L&D (downbound) (upbound) (x) Departing Melvin Price L&D (upbound) (iv) Arriving Chickamauga L&D (xi) M 150.0–145.0 (downbound) (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 (viii) M 652.0–654.0 (iii) Aliceville L&D (ix) M 745.0–750.0 (iv) M 202.0–203.0 (4) Illinois River (ILR), at Mile Marker (M) (v) Coffeeville L&D and Lock & Dam (L&D), as indicated: (12) Mobile River, at Mile Marker (M): (i) M 0.0 (i) 0.0 (Entering & Exiting RNA) (ii) Departing New LaGrange L&D (ii) [Reserved] (iii) M 140.0 (13) Black Warrior River, when Departing (iv) M 187.2 (Entering & Exiting RNA) L&D: (5) Ohio River, between Mile Markers (M) (i) Holt L&D and at Lock & Dam (L&D), as indicated: (ii) [Reserved] (i) M 950.0–952.0 (14) Alabama River, when Departing L&D: (ii) Arriving Smithland L&D (i) Claiborne L&D (iii) M 826.0–828.0 (ii) Henry L&D (iv) M 748.0–750.0 (15) McClellan-Kerr Arkansas River Naviga- (v) M 673.0–675.0 tion System, when Departing Lock & (vi) M 628.0–630.0 Dam (L&D), unless otherwise indicated: (vii) M 556.0–559.0 (i) Chouteau L&D (viii) M 511.0–513.0 (ii) W.D. Mayo L&D (ix) Departing Capt Anthony Meldahl L&D (iii) Ozark-Jeta Taylor L&D (x) Arriving Greenup L&D (upbound) (iv) L&D 9 (xi) Departing Greenup L&D (downbound) (v) Arriving David D. Terry L&D (upbound) (xii) Departing Robert C. Byrd L&D (vi) Departing David D. Terry L&D (upbound) (downbound)

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(vii) L&D 2 (f) Information to be reported to the (16) Red River, between Mile Markers (M) IRVMC by towing vessel operators. With and when Departing Lock & Dam (L&D): the exception noted in paragraph (i) L.C. Boggs L&D (d)(1)(ii) of this section, towing vessel (ii) Lock 3 operators responsible for one or more (iii) M 178.0–180.0 CDC barges in the RNA must report all (17) Atchafalaya River, at Mile Marker (M): the information required by this sec- (i) 55.0 (Entering & Exiting RNA) tion as set out in table 165.830(f) of this (ii) [Reserved] 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 IRVMC of CDC on- Type, name and amount ) ( 1 ber Barge(s) name and official num- EPORTED TO THE R E B Name of O vessel moving barge(s) T contact number 24-hour NFORMATION )—I F 165.830( ABLE T If changed. CDC barge...... X X X CDC X X in the RNA with one or more CDC barges; but see exception in paragraph (d)(1)(ii) of this section at a fleeting area or facility CDC barges from a fleeting area or facility ...... 165.830(e) ...... hours from previously reported ETA ...... X ...... ( ...... X ported information (all that apply) ...... X barge(s) X ...... X ...... X ...... X X ( X X X ...... X ...... X X X X X X X X X ...... X X 1 (1) Upon point of entry into the RNA with a (2) 4 hours before to originating a voyage with- (3) Upon dropping off one or more CDC barges (4) Upon picking up one or more additional (5) At designated reporting points in table (6) When ETA to a reporting point varies by 6 (7) Any significant deviation from previously re- (8) Upon departing the RNA with a CDC (9) When directed by the IRVMC ...... X X X X X X X X

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

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

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

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

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

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

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

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duration of, any of the following pre- (i) The reason for requesting the dicted weather conditions: waiver; (i) Predicted winds of 74 miles per (ii) The vessel’s current operations; hour (mph) or more or a predicted (iii) The name of any intended moor- storm surge of 8 feet or more for the ing facility, the specific mooring loca- Inner Harbor Navigation Canal; tion within that facility, and a list of (ii) Predicted winds of 111 mph or vessels routinely engaged in business more and/or a predicted storm surge of at that facility; 10.5 feet or more for the Harvey or Al- (iv) The vessel’s proposed operation giers Canals through post storm land- during the RNA enforcement period, fall, or other hurricane or tropical including intended mooring arrange- storm conditions as determined by the ments that comply with 33 CFR 165.803 COTP; or and the mooring facility’s equipment (iii) Other hurricane or tropical for supporting those arrangements; and storm conditions expected to inflict (v) Contact information for the vessel significant damage to low lying and owner or operator during the RNA en- vulnerable shoreline areas, as deter- forcement period. mined by the COTP through National (3) Under unusual circumstances due Weather Service/Hurricane Center to time constraints, such as the mal- weather predictions. function of a bridge or lock within the (2) In the event that a particularly RNA, the person in charge of a vessel dangerous storm is predicted to have may orally request an immediate waiv- winds or storm surge significantly ex- er from the COTP, but the vessel owner ceeding the conditions specified in or operator must send written con- paragraphs (c)(1)(i) through (c)(1)(iii) of firmation of the request, containing this section, the COTP may begin en- the information required by paragraph forcement 72 hours in advance of the (d)(2) of this section, to the COTP with- predicted conditions. in five days of the oral request. (3) During enforcement: (4) The COTP may condition approval (i) All floating vessels are prohibited of a waiver request on the vessel own- from entering or remaining in the RNA er’s or operator’s taking measures ad- except pending approval of a waiver re- ditional to those proposed in the waiv- quest made in accordance with para- er request, and may terminate a waiver graph (d) of this section or as author- at any time, if the COTP deems it nec- ized by a waiver approved by the COTP essary to provide safety. in accordance with paragraph (d); (e) Penalties. Failure to comply with (ii) Transient vessels will not be per- this section may result in civil or mitted to seek safe haven in the RNA criminal penalties pursuant to the except in accordance with a pre- Ports and Waterways Safety Act, 33 arranged agreement between the vessel U.S.C. 1221 et seq. and a facility within the RNA, or as (f) Notice of enforcement. The COTP authorized by a waiver approved by the will notify the maritime community of COTP in accordance with paragraph (d) periods during which this regulated of this section. navigation area will be enforced by (4) The COTP will announce enforce- providing advance notice through a ment periods through Marine Safety Marine Safety Information Bulletin Information Bulletins and Safety and Safety Broadcast Notice to Mari- Broadcast Notices to Mariners. ners. (d) Waivers. (1) Upon request of the [USCG–2009–0139, 75 FR 32279, June 8, 2010] vessel owner or operator, the COTP may waive any provision of paragraph NINTH COAST GUARD DISTRICT (c) of this section, if the COTP finds that the vessel’s proposed operation § 165.901 Great Lakes—regulated navi- can be conducted safely under the gation areas. terms of that waiver. (a) Lake Huron. The following are (2) A request for waiver must be in regulated navigation areas: writing, except as provided by para- (1) The waters of Lake Huron known graph (d)(3) of this section, and must as South Channel between Bois Blanc describe or provide: Island and Cheboygan, Michigan;

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bounded by a line north from to the upstream end of the breakwater Cheyboygan Crib Light (LL–1340) at at the mouth of the Welland River. 45°39′48″ N, 84°27′36″ W; to Bois Blanc Is- land at 45°43′42″ N, 84°27′36″ W; and a § 165.903 Safety Zones: Cuyahoga line north from the mainland at River and Old River, Cleveland, OH. 45°43′00″ N, 84°35′30″ W; to the western (a) Location. The waters of the Cuya- tangent of Bois Blanc Island at 45°48′42″ hoga River and the Old River extending N, 84°35′30″ W. ten feet into the river at the following (2) The waters of Lake Huron be- eleven locations, including the adja- tween Mackinac Island and St. Ignace, cent shorelines, are safety zones, co- Michigan, bounded by a line east from ordinates for which are based on NAD position 45°52′12″ N, 84°43′00″ W; to 83. Mackinac Island at 45°52′12″ N, 84°39′00″ (1) From the point where the shore- W; and a line east from the mainland line intersects longitude 81°42′24.5″ W, at 45°53′12″ N, 84°43′30″ W; to the north- which is the southern side of the Nor- ern tangent of Mackinac Island at folk and Southern No. 1 railroad 45°53′12″ N, 84°38′48″ W. bridge, southeasterly along the shore (b) Lake Michigan. The following is a for six hundred (600) feet to the point regulated navigation area—The waters where the shoreline intersects lon- ° ′ ″ of Lake Michigan known as Gray’s gitude 81 42 24.5 W, which is the Holy Reef Passage bounded by a line from Moses Water Taxi Landing at Fado’s Gray’s Reef Light (LL–2006) at 45°46′00″ Restaurant. N, 85°09′12″ W; to White Shoals Light (2) One hundred (100) feet downriver (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a to one hundred (100) feet upriver from ′ ″ ′ ″ point at 45°49′12″ N, 85°04′48″ W; then to 41 degrees 29 53.5 N, 81 degrees 42 33.5 a point at 45°45′42″ N, 85°08′42″ W; then W, which is the knuckle on the north to the point of beginning. side of the Old River entrance at On- tario Stone. (c) Regulations. The COTP, Sault Ste. (3) Fifty (50) feet downriver to fifty Marie, will close and open these regu- (50) feet upriver from 41 degrees 29′48.4″ lated navigation areas as ice conditions N, 81 degrees 42′44″ W, which is the dictate. Under normal seasonal condi- knuckle adjacent to the Ontario Stone tions, only one closing each winter and warehouse on the south side of the Old one opening each spring are antici- River. pated. Prior to the closing or opening (4) From 41 degrees 29′51.1″ N, 81 de- of the regulated navigation areas, the grees 42′32.0″ W, which is the corner of COTP will give interested parties, in- Christie’s Cabaret pier at Sycamore cluding both shipping interests and is- Slip on the Old River, to fifty (50) feet land residents, not less than 72 hours east of 41 degrees 29′55.1″ N, 81 degrees notice of the action. No vessel may 42′27.6″ W, which is the north point of navigate in a regulated navigation area the pier at Shooter’s Restaurant on the which has been closed by the COTP. Cuyahoga River. Under emergency conditions, the COTP (5) Twenty-five (25) feet downriver to may authorize specific vessels to navi- twenty-five (25) feet upriver of 41 de- gate in a closed regulated navigation grees 29′48.9″ N, 81 degrees 42′10.7″ W, area. which is the knuckle toward the [CGD 79–034, 47 FR 29660, July 8, 1982, as downriver corner of the Nautica Stage. amended by CGD 79–026, 48 FR 35408, Aug. 4, (6) Ten (10) feet downriver to ten (10) 1983] feet upriver of 41 degrees 29′45.5″ N, 81 degrees 42′9.7″ W, which is the knuckle § 165.902 Niagara River at Niagara toward the upriver corner of the Falls, New York—safety zone. Nautica Stage. (a) The following is a safety zone— (7) The fender on the west bank of The United States waters of the Niag- the river at 41 degrees 29′45.2″ N, 81 de- ara River from the crest of the Amer- grees 42.10″ W, which is the knuckle at ican and Horseshoe Falls, Niagara Bascule Bridge (railroad). Falls, New York to a line drawn across (8) The two hundred seventy (270) the Niagara River from the down- foot section on the east bank of the stream side of the mouth of Gill Creek river between the Columbus Road

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bridge (41 degrees 29′18.8″ N, 81 degrees shoreward of a line across the entrance 42′02.3W) downriver to the chain link of the harbor connecting coordinates fence at the upriver end of the Com- 41°51′09″ N, 087°36′36″W and 41°51′11″ N, modores Club Marina. 087°36′22″ W. (9) Fifty (50) feet downriver of twen- (b) Effective times and dates. This safety-five (25) feet upriver from 41 degrees ty and security zone will be in effect at 29′24.5″ N, 81 degrees 41′57.2″ W, which is various times to be published in the the knuckle at the Upriver Marine fuel Coast Guard Local Notice to Mariners pump. or broadcasted via Marine Radio VHF- (10) Seventy-five (75) feet downriver FM Channels 16 & 22. These times will to seventy-five (75) feet upriver from 41 include the actual effective time and degrees 29′33.7″ N, 81 degrees 41′57.5″ W. date and the termination time and which is the knuckle adjacent to the date. warehouse at Alpha Precast Products (c) Restrictions. (1) In accordance with (United Ready Mix). the general regulations in section (11) Fifteen (15) feet downriver to fif- 165.23 and 165.33 of this part, entry into teen (15) feet upriver from 41 degrees this zone is prohibited, unless author- 29′41″ N, 81 degrees 41′38.6″ W, which is ized by the U.S. Coast Guard Captain of the end of the chain link fence between the Port Lake Michigan, or the U.S. The Club Mega and Shippers C & D. Secret Service. Other general require- (b) Regulations—(1) General Rule. Ex- ments in §§ 165.23 and 165.33 also apply. cept as provided below, entry of any Further, no person may enter or re- kind or for any purpose into the fore- main in the shoreline areas of the es- going zones is strictly prohibited in ac- tablished safety and security zone, un- cordance with the general regulations less cleared by a Coast Guard or U.S. in § 165.23 of this part. Secret Service official. (2) Exceptions. Any vessel may tran- (2) Vessels in Burnham Park Harbor sit, but not moor, stand or anchor in, at the commencement of the safety and the foregoing zones as necessary to security zone must be moored and re- comply with the Inland Navigation main moored while the safety and secu- Rules or to otherwise facilitate safe rity zone is established, unless author- navigation. Cargo vessels of 1600 gross ized to get underway by a Coast Guard tons (GT) or greater may moor in these or U.S. Secret Service official. zones when conducting cargo transfer (3) No person may engage in swim- operations. ming, snorkeling, or diving within the (3) Waivers. Owners or operators of established safety and security zone, docks wishing a partial waiver of these except with the permission of the Cap- regulations may apply to the Captain tain of the Port or U.S. Secret Service. of the Port, Cleveland, Ohio. Partial [CGD09–94–005, 59 FR 45227, Sept. 1, 1994, as waivers will only be considered to amended by USCG–2011–0489, 76 FR 63204, Oct. allow for the mooring of vessels in a 12, 2011] safety zone when vessels of 1600 GT on greater are not navigating in the proxi- § 165.905 USX Superfund Site Safety mate area. Any requests for a waiver Zones: St. Louis River. must include a plan to ensure imme- (a) The following areas of the St. diate removal of any vessels moored in Louis River, within the designated a safety zone upon the approach of a boxes of latitude and longitude, are vessel(s) 1600 GTs or greater. safety zones: [COTP Cleveland REG 89–01, 54 FR 9778, Mar. (1) Safety Zone #1 (North Spirit Lake): 8, 1989, as amended by CGD 09–95–018, 61 FR North Boundary: 46°41′33″ W 37685, July 19, 1996; USCG–2000–7223, 65 FR South Boundary: 46°41′18″ W 40059, June 29, 2000; USCG–2001–9286, 66 FR East Boundary: 92°11′53″ W 33642, June 25, 2001] West Boundary: 92°12′11″ W § 165.904 Lake Michigan at Chicago (2) Safety Zone #2 (South Spirit Lake): Harbor & Burnham Park Harbor— ° ′ ″ Safety and Security Zone. North Boundary: 46 40 45 N South Boundary: 46°40′33″ N (a) Location. All waters of Lake East Boundary: 92°11′40″ W Michigan within Burnham Park Harbor West Boundary: 92°12′05″ W

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

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in or enter restricted areas 4 or 5 at § 165.907 [Reserved] any time. (6) 95 feet or more. Vessel 95 feet or § 165.909 [Reserved] more in height may not enter any restricted area, 1 through 6, at any time. § 165.910 Security Zones; Captain of (c) Clearance procedures. Except dur- the Port Lake Michigan. ing the times specified in paragraph (a) Security zones. The following (d), operators of vessels subject to areas, defined by coordinates based these procedures must do the fol- upon North American Datum 1983, are lowing: security zones: (1) Obtain clearance from the Burke (1) Jardine Water Filtration Plant—(i) Lakefront Air Traffic Control Tower Location. All waters of Lake Michigan before navigating through the re- within the arc of a 100-yard radius with stricted area(s); its center located on the north wall of (2) Navigate promptly through the Jardine Water Filtration Plant, ap- area(s) at a safe and practical speed. ° ′ ″ ° ′ ″ 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 (2) 11:00 p.m. on Saturdays to 8:00 east to the shoreline at 41°23′39″ N, a.m. on Sundays. 88°16′09″ W; then following along the (3) 12:00 midnight Sunday nights to shoreline back to the beginning. 7:00 a.m. on Mondays. (3) Donald C. Cook Nuclear Power (e) Enforcement. This section will not Plant. All waters of Lake Michigan be enforced during any period in which around the Donald C. Cook Nuclear the Federal Aviation Administration Power Plant encompassed by a line withdraws approval for operation of an starting on the shoreline at 41°58.656′ N, instrument-only approach to runway 24 86°33.972′ W; then northwest to 41°58.769′ on the northeast end of Burke Lake- N, 86°34.525′ W; then southwest to front Airport. 41°58.589′ N, 86°34.591′ W; then southeast [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] to the shoreline at 41°58.476′ N, 86°34.038′

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

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(3) Moses-Saunders Power Dam. The Lake Erie at 41° 48.231′ N, 081° 08.455′ W; waters of the St. Lawrence River thence westerly following the shoreline bounded by the following area, starting back to the beginning (NAD 83). at 45°00.73′ N, 074°47.85′ W; southeast fol- (b) Regulations. In accordance with lowing the international border to the general regulations in § 165.33 of 45°00.25′ N, 074°47.56′ W; then southwest this part, entry into this zone is pro- to 45°00.16′ N, 074°47.76′ W; then east to hibited unless authorized by the Coast the shoreline at 45°00.16′ N, 074°47.93′ W; Guard Captain of the Port Cleveland, then northwest to 45°00.36′ N, 074°48.16′ or the designated on-scene representa- W; then northeast back to the starting tive. point (NAD 83). (c) Authority. In addition to 33 U.S.C. (4) Long Sault Spillway Dam. The 1231 and 50 U.S.C. 191, the authority for waters of the St. Lawrence River this section includes 33 U.S.C. 1226. bounded by the following area, starting [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] at 44°59.5′ N, 074°52.0′ W; north to 45°00.0′ N, 074°52.0′ W; east to 45°00.0′ N, 074°51.6′ § 165.914 [Reserved] W, then south to 44°59.5′ N, 074°51.6′ W; then west back to the starting point § 165.915 Security zones; Captain of (NAD 83). the Port Detroit. (b) Regulations. (1) In accordance with (a) Security zones. The following areas § 165.33, entry into this zone is prohib- are security zones: ited unless authorized by the Coast (1) Enrico Fermi 2 Nuclear Power Sta- Guard Captain of the Port Buffalo. tion. All waters and adjacent shoreline (2) Persons or vessels desiring to encompassed by a line commencing at transit the area of the Nine Mile Point 41°58.4′ N, 083°15.4′ W; then northeast to and Fitzpatrick Nuclear Power Plants 41°58.5′ N, 083°15.0′ W; then southeast to or Ginna Nuclear Power Plant security 41°58.2′ N, 083°13.7′ W; then south to zones must contact the Captain of Port 41°56.9′ N, 083°13.8′ W; then west to Buffalo at telephone number (716) 843– 41°56.9′ N, 083°15.2′ W; then back to the 9570, or on VHF/FM channel 16 to seek starting point at 41°58.4′ N, 083°15.4′ W permission to transit the area. Persons (NAD 83). desiring to transit the area of Moses- (2) Davis Besse Nuclear Power Station. Saunders Power Dam or Long Sault All waters and adjacent shoreline en- Spillway Dam security zones must con- compassed by a line commencing at tact the Supervisor, Marine Safety De- 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, tachment Massena at telephone num- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W; ber (315) 769–5483, or on VHF/FM chan- southwest to 41°35.4′ N, 083°03.7′ W; then nel 16 to seek permission to transit the back to the starting point 41°36.1′ N, area. If permission is granted, all per- 083°04.7′ W (NAD 83). sons and vessels shall comply with the (b) Regulations. (1) In accordance with instructions of the Captain of the Port § 165.33, entry into this zone is prohib- or his or her designated representative. ited unless authorized by the Coast (c) Authority. In addition to 33 U.S.C. Guard Captain of the Port Detroit. Sec- 1231 and 50 U.S.C. 191, the authority for tion 165.33 also contains other general this section includes 33 U.S.C. 1226. requirements. (2) Persons desiring to transit [CGD09–02–005, 67 FR 53500, Aug. 16, 2002, as through either of these security zones, amended by USCG–2010–0821, 75 FR 61100, Oct. prior to transiting, must contact the 4, 2010] Captain of the Port Detroit at tele- § 165.912 Security Zone; Lake Erie, phone number (419) 418–6050, or on VHF/ Perry, OH. FM channel 16 and request permission. (a) Location: The following area is a If permission is granted, all persons security zone: all navigable waters of and vessels shall comply with the in- Lake Erie bounded by a line drawn be- structions of the Captain of the Port or tween the following coordinates begin- his or her designated representative. ning at 41° 48.187′ N, 081° 08.818′ W; then (c) Authority. In addition to 33 U.S.C. due north to 41° 48.7′ N, 081° 08.818′ W; 1231 and 50 U.S.C. 191, the authority for then due east to 41° 48.7′ N, 081° 08.455′ this section includes 33 U.S.C. 1226. W; then due south to the south shore of [CGD09–02–011, 67 FR 46386, July 15, 2002]

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§ 165.916 Security Zones; Captain of (i) Location. All U.S. navigable waters the Port Milwaukee Zone, Lake of Marquette Harbor within a 1000-foot Michigan. radius of the fireworks launch site, (a) Location. The following are secu- centered approximately 1250 feet south rity zones: of the Mattson Park Bulkhead Dock (1) Kewaunee Nuclear Power Plant. All and 450 feet east of Ripley Rock, at po- navigable waters of Western Lake sition 46°32′21.7″N, 087°23′07.60″W Michigan encompassed by a line com- [DATUM: NAD 83]. mencing from a point on the shoreline (ii) Enforcement period. This safety at 44°20.715′ N, 087°32.080′ W; then eas- zone will be enforced each year on July terly to 44°20.720′ N, 087°31.630′ W; then 4 from 9 p.m. until 11 p.m. If the July southerly to 44°20.480′ N, 087°31.630′ W; 4 fireworks are cancelled due to in- then westerly to 44°20.480′ N, 087°31.970′ clement weather, then this section will W, then northerly following the shore- be enforced July 5 from 9 p.m. until 11 line back to the point of origin (NAD p.m. 83). (2) Munising Fourth of July Celebration (2) Point Beach. All navigable waters Fireworks; Munising, MI: of Western Lake Michigan encom- (i) Location. All U.S. navigable waters passed by a line commencing from a of South Bay within a 600-foot radius point on the shoreline at 44° 17.06 N, from the fireworks launch site at the 087° 32.15 W, then northeasterly to 44° end of the Munising City Dock, cen- 17.12 N, 087° 31.59 W, then southeasterly tered in position: 46°24′50.08″N, to 44° 16.48 N, 087° 31.42 W, then south- 086°39′08.52″W [DATUM: NAD 83]. westerly to 44° 16.42 N, 087° 32.02 W, (ii) Enforcement period. This safety then northwesterly along the shoreline zone will be enforced each year on July back to the point of origin. All coordi- 4 from 9 p.m. until 12:30 a.m. on July 5. nates are based upon North American If the July 4 fireworks are cancelled Datum 1983. due to inclement weather, then this (b) Regulations. (1) In accordance with section will be enforced on July 5 from § 165.33, entry into this zone is prohib- 9 p.m. until 12:30 a.m. on July 6. ited unless authorized by the Coast (3) Grand Marais Splash-In; Grand Guard Captain of the Port Milwaukee. Marais, MI: Section 165.33 also contains other gen- (i) Location. All U.S. navigable waters eral requirements. within the southern portion of West (2) Persons desiring to transit the Bay bound to the north by a line begin- area of the security zone may contact ning approximately 175 feet south- the Captain of the Port at telephone southeast of the Lake Street Boat number (414) 747–7155 or on VHF-FM Launch, extending 5280 feet to the east Channel 16 to seek permission to tran- on a true bearing of 079 degrees. The sit the area. If permission is granted, eastern boundary will then be formed all persons and vessels shall comply by a line drawn to the shoreline on a with the instructions of the Captain of true bearing of 170 degrees. The west- the Port or his or her designated rep- ern and southern boundaries of the resentative. zone will be bound by the shoreline of (c) Authority. In addition to 33 U.S.C. West Bay. The coordinates for this 1231 and 50 U.S.C. 191, the authority for zone are as follows: 46°40′22.32″ N, this section includes 33 U.S.C. 1226. 085°59′00.66″ W, 46°40′32.04″ N, 085°57′46.14″ W, and 46°40′19.68″ N, 085°57′43.08″ W [CGD09–02–007, 67 FR 49578, July 31, 2002, as amended by CGD09–03–277, 69 FR 4242, Jan. [DATUM: NAD 83], with the West Bay 29, 2004] shoreline forming the South and West boundaries of the zone. § 165.918 Safety Zones; Annual events (ii) Enforcement period. Each year on requiring safety zones in the Cap- the second to last Saturday in June tain of the Port Sault Sainte Marie from 2 p.m. until 5 p.m. zone. (4) Sault Sainte Marie Fourth of July (a) Safety zones. The following areas Celebration Fireworks; Sault Sainte are designated safety zones: Marie, MI: (1) Marquette Fourth of July Celebra- (i) Location. All U.S. navigable waters tion Fireworks; Marquette, MI: of the St. Marys River within a 750-foot

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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 (i) Location. All U.S. navigable waters 1 from 9 p.m. until 11 p.m. If the July of East Moran Bay within a 700-foot ra- 1 fireworks are cancelled due to in- dius from the fireworks launch site at clement weather, then this section will the end of the Arnold Transit Mill Slip, be enforced July 2 from 9 p.m. until 11 centered in position: 45°52′24.62″ N, p.m. 084°43′18.13″ W [DATUM: NAD 83]. (9) Jordan Valley Freedom Festival (ii) Enforcement period. This safety Fireworks; East Jordan, MI: zone will be enforced each year on July (i) Location. All U.S. navigable waters 4 from 9 p.m. until 11:30 p.m. If the July of Lake Charlevoix, near the City of 4 fireworks are cancelled due to in- East Jordan, within the arc of a circle clement weather, then this section will with a 1000-foot radius from the fire- be enforced July 5 from 9 p.m. until works launch site in position 45°09′18″ 11:30 p.m. N, 085°07′48″ W [DATUM: NAD 83]. (6) Mackinac Island Fourth of July (ii) Enforcement period. Each year on Celebration Fireworks; Mackinac Island, Saturday of the third weekend of June MI: from 9 p.m. until 11 p.m. (i) Location. All U.S. navigable waters (10) National Cherry Festival Fourth of of Lake Huron within a 500-foot radius July Celebration Fireworks; Traverse City, of the fireworks launch site, centered MI: approximately 1000 yards west of (i) Location. All U.S. navigable Round Island Passage Light, at posi- waters of the West Arm of Grand Tra- tion 45°50′34.92″ N, 084°37′38.16″ W verse Bay within the arc of a circle [DATUM: NAD 83]. with a 1000-foot radius from the fire- (ii) Enforcement period. This safety works launch site located on a barge in zone will be enforced each year on July position 44°46′12″ N, 085°37′06″ W 4 from 9 p.m. until 11 p.m. If the July [DATUM: NAD 83]. 4 fireworks are cancelled due to in- (ii) Enforcement period. This safety clement weather, then this section will zone will be enforced each year on July be enforced July 5 from 9 p.m. until 11 4 from 9 p.m. until 11 p.m. If the July p.m. 4 fireworks are cancelled due to in- (7) Festivals of Fireworks Celebration clement weather, then this section will Fireworks; St. Ignace, MI: be enforced July 5 from 9 p.m. until 11 (i) Location. All U.S. navigable waters p.m. of East Moran Bay within a 700-foot ra- (11) Harbor Springs Fourth of July Cele- dius from the fireworks launch site at bration Fireworks; Harbor Springs, MI: the end of the Arnold Transit Mill Slip, (i) Location. All U.S. navigable waters centered in position: 45°52′24.62″ N, of Lake Michigan and Harbor Springs 084°43′18.13″ W [DATUM: NAD 83]. Harbor within the arc of a circle with (ii) Enforcement period. This safety a 1000-foot radius from the fireworks zone will be enforced each year on launch site located on a barge in posi- every Saturday following the 4th of tion 45°25′30″ N, 084°59′06″ W [DATUM: July until the second Sunday in Sep- NAD 83]. tember from 9 p.m. to 11 p.m. If the (ii) Enforcement period. This safety fireworks are cancelled on Saturday zone will be enforced each year on July due to inclement weather, then this 4 from 9 p.m. until 11 p.m. If the July

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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 (ii) Enforcement period. This safety of a circle with a 1000-foot radius from zone will be enforced each year on July the fireworks launch site located on a 3 from 9 p.m. until 11 p.m. If the July barge in position 44°46′12″ N, 085°37′06″ 3 fireworks are cancelled due to in- W [DATUM: NAD 83]. clement weather, then this section will be enforced July 4 from 9 p.m. until 11 (ii) Enforcement Period. Each year on p.m. the second Saturday of July from 9 (13) Petoskey Fourth of July Celebration p.m. until 11 p.m. Fireworks; Petoskey, MI: (17) Charlevoix Venetian Festival Fri- (i) Location. All U.S. navigable waters day Night Fireworks; Charlevoix, MI: of Lake Michigan and Petoskey Har- (i) Location. All U.S. navigable waters bor, in the vicinity of Bay Front Park, of Lake Charlevoix, in the vicinity of within the arc of a circle with a 1000- Depot Beach, within the arc of a circle foot radius from the fireworks launch with a 1000-foot radius from the fire- site located in position 45°22′40″ N, works launch site located on a barge in 084°57′30″ W [DATUM: NAD 83]. position 45°19′08″ N, 085°14′18″ W (ii) Enforcement period. This safety [DATUM: NAD 83]. zone will be enforced each year on July (ii) Enforcement period. Each year on 4 from 9 p.m. until 11 p.m. If the July Friday of the fourth weekend of July 4 fireworks are cancelled due to in- from 9 p.m. until 11 p.m. clement weather, then this section will (18) Charlevoix Venetian Festival Satur- be enforced July 5 from 9 p.m. until 11 day Night Fireworks; Charlevoix, MI: p.m. (i) Location. All U.S. navigable waters (14) Boyne City Fourth of July Celebra- of Round Lake within the arc of a cir- tion Fireworks; Boyne City, MI: cle with a 300- foot radius from the fire- (i) Location. All U.S. navigable waters works launch site located on a barge in of Lake Charlevoix, in the vicinity of position 45°19′03″ N, 085°15′18″ W Veterans Park, within the arc of a cir- [DATUM: NAD 83]. cle with a 1400-foot radius from the (ii) Enforcement period. Each year on fireworks launch site located in posi- Saturday of the fourth weekend of July tion 45°13′30″ N, 085°01′40″ W [DATUM: from 9 p.m. until 11 p.m. NAD 83]. (ii) Enforcement period. This safety (19) Elk Rapids Harbor Days Fireworks; zone will be enforced each year on July Elk Rapids, MI: 4 from 9 p.m. until 11 p.m. If the July (i) Location. All U.S. navigable waters 4 fireworks are cancelled due to in- of Grand Traverse Bay, in the vicinity clement weather, then this section will of Edward G. Grace Memorial Park, be enforced July 5 from 9 p.m. until 11 within the arc of a circle with a 1000- p.m. foot radius from the fireworks launch (15) National Cherry Festival Air Show; site located in position 44°53′58″ N, Traverse City, MI: 085°25′04″ W [DATUM: NAD 83]. (i) Location. All U.S. navigable waters (ii) Enforcement period. Each year on of the West Arm of Grand Traverse Bay the first Saturday of August from 9 bounded by a line drawn from 44°46′48″ p.m. until 11 p.m. N, 085°38′18″ W, then southeast to (20) Alpena Fourth of July Celebration 44°46′30″ N, 085°35′30″ W, then southwest Fireworks, Alpena, MI:

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(i) Location. All U.S. navigable waters (d) Suspension of enforcement. If the of Lake Huron within an 800-foot ra- event concludes earlier than scheduled, dius of the fireworks launch site lo- the Captain of the Port Sault Sainte cated near the end of Mason Street, Marie or a designated representative South of State Avenue, at position will issue a Broadcast Notice to Mari- 45°02′42″ N, 083°26′48″ W (NAD 83). ners notifying the public that enforce- (ii) Enforcement period. This safety ment of the respective safety zone is zone will be enforced each year on July suspended. 4 from 9 p.m. until 11 p.m. If the July (e) Exemption. Public vessels, as de- 4 fireworks are cancelled due to in- fined in paragraph (b) of this section, clement weather, then this section will are exempt from the requirements in be enforced July 5 from 9 p.m. until 11 this section. p.m. (f) Waiver. For any vessel, the Cap- (b) Definitions. The following defini- tain of the Port Sault Sainte Marie or tions apply to this section: a designated representative may, at his Designated representative means any or her discretion, waive any of the re- Coast Guard commissioned, warrant, or quirements of this section, upon find- petty officer designated by the Captain ing that circumstances are such that of the Port Sault Sainte Marie to mon- application of this section is unneces- itor these safety zones, permit entry sary or impractical for the purposes of into these safety zones, give legally en- safety or environmental safety. forceable orders to persons or vessels [USCG–2011–0188, 76 FR 31841, June 2, 2011] within these safety zones, or take other actions authorized by the Cap- § 165.920 Regulated Navigation Area: tain of the Port Sault Sainte Marie. USCG Station Port Huron, Port Public vessel means a vessel owned, Huron, MI, Lake Huron. chartered, or operated by the United (a) Location. All waters of Lake States or by a State or political sub- Huron encompassed by the following: division thereof. starting at the northwest corner at (c) Regulations. (1) In accordance with 43°00.4′ N, 082°25.327′ W; then east to the general regulations in § 165.23 of 43°00.4′ N, 082°25.23.8′ W; then south to this part, entry into, transiting, or an- 43°00.3′ N, 082°25.238′ W; then west to choring within any of the safety zones 43°00.3′ N, 082°25.327′ W; then following listed in this section is prohibited un- the shoreline north back to the point less authorized by the Captain of the of origin (NAD 83). Port Sault Sainte Marie, or a des- (b) Special regulations. No vessel may ignated representative. fish, anchor, or moor within the RNA (2) All persons and vessels must com- without obtaining the approval of the ply with the instructions of the Coast Captain of the Port (COTP) Detroit. Guard Captain of the Port Sault Sainte Vessels need not request permission Marie or a designated representative. from COTP Detroit if only transiting Upon being hailed by the U.S. Coast through the RNA. COTP Detroit can be Guard by siren, radio, flashing light or reached by telephone at (313) 568–9560, other means, the operator of a vessel or by writing to: Sector Detroit, 110 shall proceed as directed. Mt. Elliot Ave., Detroit MI 48207–4380. (3) When a safety zone established by this section is being enforced, all ves- [CDG09–03–287, 69 FR 23103, Apr. 28, 2004, as sels must obtain permission from the amended by USCG–2012–0306, 77 FR 37315, June 21, 2012] Captain of the Port Sault Sainte Marie or a designated representative to enter, § 165.921 Regulated Navigation Area; move within, or exit that safety zone. Reporting Requirements for Barges Vessels and persons granted permission Loaded with Certain Dangerous to enter the safety zone shall obey all Cargoes, Illinois Waterway System lawful orders or directions of the Cap- located within the Ninth Coast tain of the Port Sault Sainte Marie or Guard District. a designated representative. While (a) Regulated Navigation Area. The fol- within a safety zone, all vessels shall lowing waters are a regulated naviga- operate at the minimum speed nec- tion area (RNA): the Illinois Waterway essary to maintain a safe course. System above mile 187.2 to the Chicago

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Lock on the Chicago River at mile 326.7 (ii) Allyl alcohol, and to the confluence of the Calumet (iii) Chlorosulfonic acid, River and Lake Michigan at mile 333.5 (iv) Crotonaldehyde, of the Calumet River. (v) Ethylene chlorohydrin, (b) Applicability. This section applies (vi) Ethylene dibromide, to towing vessel operators and fleeting (vii) Methacrylonitrile, area managers responsible for CDC (viii) Oleum (fuming sulfuric acid), barges in the RNA. This section does and not apply to towing vessel operators (ix) Propylene Oxide. responsible for barges not carrying CDC barge means a barge containing CDC barges, or fleet tow boats moving CDCs or CDC residue. one or more CDC barges within a fleet- Downbound means the tow is trav- ing area. eling with the current. (c) Definitions. As used in this sec- Fleet tow boat means any size vessel tion— that is used to move, transport, or de- Barge means a non-self propelled ves- liver a CDC barge within a fleeting sel engaged in commerce, as set out in area. 33 CFR 160.204. Fleeting area means any fleet, includ- Certain Dangerous Cargo or (CDC) in- ing any facility, located within the cludes any of the following: area covered by one single port. (1) Division 1.1 or 1.2 explosives as de- Inland River Vessel Movement Center fined in 49 CFR 173.50. or (IRVMC) means the Coast Guard of- (2) Division 1.5D blasting agents for fice that is responsible for collecting which a permit is required under 49 the information required by this sec- CFR 176.415 or, for which a permit is re- tion. quired as a condition of a Research and Ninth Coast Guard District means the Special Programs Administration ex- Coast Guard District as set out in 33 emption. CFR 3.45–1. (3) Division 2.3 ‘‘poisonous gas’’, as Towing vessel means any size vessel listed in 49 CFR 172.101 that is also a that is used to move, transport, or de- ‘‘material poisonous by inhalation’’ as liver a CDC barge to a fleet or facility defined in 49 CFR 171.8, and that is in a that is located in a different port than quantity in excess of 1 metric ton per where the voyage originated. barge. Towing vessel operator means the Cap- (4) Division 5.1 oxidizing materials tain or pilot who is on watch on board for which a permit is required under 49 a towing vessel. CFR 176.415 or, for which a permit is re- Upbound means the tow is traveling quired as a condition of a Research and against the current. Special Programs Administration ex- (d) Regulations. The following must emption. report to the Inland River Vessel Move- (5) A liquid material that has a pri- ment Center (IRVMC): mary or subsidiary classification of Di- (1) The towing vessel operator re- vision 6.1 ‘‘poisonous material’’ as list- sponsible for one or more CDC barges ed in 49 CFR 172.101 that is also a ‘‘main the RNA must report all the infor- terial poisonous by inhalation’’, as de- mation items specified in table fined in 49 CFR 171.8 and that is in a 165.921(f), in paragraph (f) of this sec- bulk packaging, or that is in a quan- tion, to the IRVMC: tity in excess of 20 metric tons per (i) Upon point of entry into the RNA barge when not in a bulk packaging. with one or more CDC barges; (6) Class 7, ‘‘highway route controlled (ii) Four hours before originating a quantity’’ radioactive material or voyage within the RNA with one or ‘‘fissile material, controlled ship- more CDC barges, except if the evo- ment’’, as defined in 49 CFR 173.403. lution of making up a tow with a CDC (7) Bulk liquefied chlorine gas and barge will take less than 4 hours before bulk liquefied gas cargo that is flam- originating a voyage, and the towing mable and/or toxic and carried under 46 vessel operator did not receive the CFR 154.7. order to make up a tow with a CDC (8) The following bulk liquids— barge in advance of 4 hours before orig- (i) Acetone cyanohydrin, inating the voyage with one or more

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CDC barges, in which case the towing (5) The general regulations contained vessel operator shall submit the re- in 33 CFR 165.13 apply to this section. quired report to the IRVMC as soon as (e) Ninth Coast Guard District Illinois possible after receiving orders to make Waterway System RNA Reporting points. up a tow with one or more CDC barges; Towing vessel operators responsible for (iii) Upon dropping off one or more one or more CDC barges in the RNA CDC barges at a fleeting area or facil- must make reports to the Inland River ity; Vessel Movement Center at each point (iv) Upon picking up one or more ad- listed in this paragraph (e). ditional CDC barges from a fleeting (1) Illinois River (ILR) Upbound, at area or facility; Mile Markers (M) and when Departing (v) At designated reporting points, Lock & Dam (L&D)— set forth in paragraph of this section; (i) M 187.2 (Southern Boundary MSU (vi) When the estimated time of ar- Chicago AOR), rival (ETA) to a reporting point varies (ii) M 303.5 Junction of Chicago Sani- by 6 hours from the previously reported tary Ship Canal and Calumet-Sag ETA; Channel, (vii) Any significant deviation from (iii) M 326.4 Thomas S. O’Brien L&D, previously reported information; Calumet River, (viii) Upon departing the RNA with (iv) M 333.5 Confluence of Calumet one or more CDC barges; and River and Lake Michigan, and (ix) When directed by the IRVMC. (v) M 326.7 Chicago L&D, Chicago (2) The fleeting area manager respon- River. sible for one or more CDC barges in the (2) Illinois River (ILR) Downbound RNA must report all the information Reporting Points, at Mile Markers (M) items specified in table 165.921(g), in and when Departing Lock & Dam paragraph (g) of this section, to the (L&D)— IRVMC: (i) M 326.7 Chicago L&D, Chicago (i) Once daily, report all CDC barges River, within the fleeting area; (ii) M 333.5 Confluence of Calumet (ii) Upon moving one or more CDC River and Lake Michigan, barges within a fleeting area by a fleet (iii) M 326.4 Thomas S. O’Brien L&D, tow boat; Calumet River, (iii) Any significant deviation from (iv) M 303.5 Junction of Chicago Sani- previously reported information; and tary Ship Canal and Calumet-Sag (iv) When directed by the IRVMC. Channel, and (3) Reports required by this section (v) M 187.2 (Southern Boundary MSU may be made by a company representa- Chicago AOR). tive or dispatcher on behalf of the (f) Information to be reported to the fleeting area manager. IRVMC by towing vessel operators. With (4) Reports required by this section the exception noted in paragraph must be made to the IRVMC either by (d)(1)(ii) of this section, towing vessel telephone to (866) 442–6089, by fax to operators responsible for one or more (866) 442–6107, or by e-mail to CDC barges in the RNA must report all [email protected]. A reporting form the information required by this sec- and e-mail link are available at http:// tion as set out in table 165.921(f) of this www.uscg.mil/d8/Divs/M/IRVMC.htm. paragraph.

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

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

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

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

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

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

(h) Alternative reporting. The Ninth vessel. Likewise, it includes any water Coast Guard District Commander may taken on board due to free communica- consider and approve alternative meth- tion between the hull of the vessel and ods to be used by a reporting party to exterior water. Potable water is water meet any reporting requirements if— treated and stored aboard the vessel (1) The request is submitted in writ- that is suitable for human consump- ing to Commander, Ninth Coast Guard tion. District (m), 1240 E. Ninth Street, (ii) Vessels with non-potable water Cleveland, Ohio, 44199–2060; and onboard are permitted to transit the (2) The alternative provides an equiv- safety zone if they have taken steps to alent level of the reporting that which prevent the release, in any form, of would be achieved by the Coast Guard that water in or on the other side of with the required check-in points. the safety zone. Alternatively, vessels (i) Deviation from this section is pro- with non-potable water onboard are hibited unless specifically authorized permitted to transit the safety zone if by the Commander, Ninth Coast Guard they have plans to dispose of the water District or the IRVMC. in a biologically sound manner. (Approved by the Office of Management and (iii) Vessels with non-potable water Budget under OMB control number 1625–1505) aboard that intend to discharge on the [CDG09–03–241, 68 FR 57622, Oct. 6, 2003] other side of the zone must contact the Coast Guard’s Ninth District Com- EFFECTIVE DATE NOTE: By USCG–2011–0003, mander or his or her designated rep- 76 FR 2829, Jan. 18, 2011, in § 165.921, paragraphs (d) through (h) are stayed from mid- resentatives prior to transit and obtain night Jan. 15, 2011 to midnight Jan. 15, 2013. permission to transit and discharge. Examples of discharges that may be ap- § 165.923 Safety Zone and Regulated proved include plans to dispose of the Navigation Area, Chicago Sanitary water in a biologically sound manner and Ship Canal, Romeoville, IL. or demonstrate through testing that (a) Safety Zone. (1) The following area the non-potable water does not contain is a safety zone: All waters of the Chi- potential live Silver or Asian carp, via- cago Sanitary and Ship Canal located ble eggs, or gametes. between mile marker 296.1 and mile (iv) In accordance with the general marker 296.7. regulations in § 165.23 of this part, (2) Regulations. (i) All vessels are pro- entry into, transiting, or anchoring hibited from transiting the safety zone within this safety zone by vessels with with any non-potable water on board if non-potable water on board is prohib- they intend to release that water in ited unless authorized by the Coast any form within, or on the other side of Guard’s Ninth District Commander, his the safety zone. Non-potable water in- or her designated representatives, or cludes, but is not limited to, any water an on-scene representative. taken on board to control or maintain (v) The Captain of the Port, Sector trim, draft, stability, or stresses of the Lake Michigan, may further designate

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

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

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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) Safety zones. The following are tions in 33 CFR part 165 subpart D, designated as safety zones: apply to any vessel or person in the (1) St. Patrick’s Day Fireworks; navigable waters of the United States Manitowoc, WI. to which this section applies. No per- (i) Location. All waters of the son or vessel may enter the security Manitowoc River and Manitowoc Har- zone established in this section unless bor, near the mouth of the Manitowoc authorized by the Captain of the Port River on the south shore, within the or his designated representatives. Ves- arc of a circle with a 100-foot radius sels and persons granted permission to from the fireworks launch site located enter the security zone shall obey all in position 44°05′30″ N, 087°39′12″ W lawful orders or directions of the Cap- (NAD 83). tain of the Port or his designated rep- (ii) Enforcement date and time. The resentatives. All vessels entering or third Saturday of March; 5:30 p.m. to 7 moving within the security zone must p.m. operate at speeds which are necessary (2) Michigan Aerospace Challenge to maintain a safe course and which Sport Rocket Launch; Muskegon, MI. will not exceed 12 knots. (i) Location. All waters of Muskegon (e) Enforcement. Any Coast Guard Lake, near the West Michigan Dock commissioned, warrant or petty officer and Market Corp facility, within the may enforce the rules in this section. arc of a circle with a 1500-yard radius In the navigable waters of the United from the rocket launch site located in States to which this section applies, position 43°14′21″ N, 086°15′35″ W (NAD when immediate action is required and 83). representatives of the Coast Guard are (ii) Enforcement date and time. The not present or not present in sufficient last Saturday of April; 8 a.m. to 4 p.m. force to provide effective enforcement (3) Tulip Time Festival Fireworks; of this section, any Federal Law En- Holland, MI. forcement Officer or Michigan Law En- (i) Location. All waters of Lake forcement Officer may enforce the Macatawa, near Kollen Park, within rules contained in this section pursu- the arc of a circle with a 1000-foot ra- ant to 33 CFR 6.04–11. In addition, the dius from the fireworks launch site in Captain of the Port may be assisted by position 42°47′23″ N, 086°07′22″ W (NAD other Federal, state or local agencies 83). in enforcing this section pursuant to 33 (ii) Enforcement date and time. The CFR 6.04–11. first Friday of May; 7 p.m. to 11 p.m. If (f) Exemption. Public vessels as de- the Friday fireworks are cancelled due fined in paragraph (a) of this section to inclement weather, then this safety are exempt from the requirements in zone will be enforced on the first Sat- this section. urday of May; 7 p.m. to 11 p.m. (g) Waiver. For any vessel, the Cap- (4) Rockets for Schools Rocket tain of the Port Sault Ste. Marie may Launch; Sheboygan, WI. waive any of the requirements of this (i) Location. All waters of Lake section, upon finding that operational Michigan and Sheboygan Harbor, near conditions or other circumstances are the Sheboygan South Pier, within the such that application of this section is arc of a circle with a 1500-yard radius unnecessary or impractical for the pur- from the rocket launch site located pose of port security, safety or environ- with its center in position 43°44′55″ N, mental safety. 087°41′52″ W (NAD 83).

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(ii) Enforcement date and time. The (10) Spring Lake Heritage Festival first Saturday of May; 8 a.m. to 5 p.m. Fireworks; Spring Lake, MI. (5) Celebrate De Pere; De Pere, WI. (i) Location. All waters of the Grand (i) Location. All waters of the Fox River, near buoy 14A, within the arc of River, near Voyageur Park, within the a circle with a 500-foot radius from the arc of a circle with a 500 foot radius fireworks launch site located on a from the fireworks launch site located barge in position 43°04′24″ N, 086°12′42″ in position 44°27′10″ N, 088°03′50″ W W (NAD 83). (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. The third Saturday of June; 9 p.m. to 11 Sunday before Memorial Day; 8:30 p.m. p.m. to 10 p.m. (11) Elberta Solstice Festival Fire- (6) Michigan Super Boat Grand Prix; works; Elberta, MI. Michigan City, IN. (i) Location. All waters of Betsie Bay, (i) Location. All waters of Lake near Waterfront Park, within the arc Michigan in the vicinity of Michigan of a circle with a 500-foot radius from City, IN bound by a line drawn from the fireworks launch site located in po- ° ′ ″ ° ′ ″ 41°43′42″ N, 086°54′18″ W; then north to sition 44 37 43 N, 086 14 27 W (NAD 83). 41°43′49″ N, 086°54′31″ W; then east to (ii) Enforcement date and time. The 41°44′48″ N, 086°51′45″ W; then south to last Saturday of June; 9 p.m. to 11 p.m. 41°44′42″ N, 086°51′31″ W; then west re- (12) Pentwater July Third Fireworks; turning to the point of origin. (NAD 83) Pentwater, MI. (ii) Enforcement date and time. The (i) Location. All waters of Lake first Sunday of August; 9 a.m. to 4 p.m. Michigan and the Pentwater Channel within the arc of a circle with a 1,000- (7) River Splash; Milwaukee, WI. foot radius from the fireworks launch (i) Location. All waters of the Mil- site located in position 43°46′57″ N, waukee River, near Pere Marquette 086°26′38″ W (NAD 83). Park, within the arc of a circle with a (ii) Enforcement date and time. July 3; 300-foot radius from the fireworks 9 p.m. to 11 p.m. If the July 3 fireworks launch site located on a barge in posi- are cancelled due to inclement weath- tion 43°02′32″ N, 087°54′45″ W (NAD 83). er, then this safety zone will be en- (ii) Enforcement date and time. The forced July 4; 9 p.m. to 11 p.m. first Friday and Saturday of June; 9 (13) Taste of Chicago Fireworks; Chi- p.m. to 11 p.m. each day. cago, IL. (8) International Bayfest; Green Bay, (i) Location. All waters of Monroe WI. Harbor and all waters of Lake Michi- (i) Location. All waters of the Fox gan bounded by a line drawn from River, near the Western Lime Company 41°53′24″ N, 087°35′59″ W; then east to 1.13 miles above the head of the Fox 41°53′15″ N, 087°35′26″ W; then south to River, within the arc of a circle with a 41°52′49″ N, 087°35′26″ W; then southwest 1,000-foot radius from the fireworks to 41°52′27″ N, 087°36′37″ W; then north launch site located in position 44°31′24″ to 41°53′15″ N, 087°36′33″ W; then east re- N, 088°00′42″ W (NAD 83). turning to the point of origin (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. July 3; second Friday of June; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 3 fireworks (9) Harborfest Music and Family Fes- are cancelled due to inclement weath- tival; Racine, WI. er, then this safety zone will be en- (i) Location. All waters of Lake forced July 4; 9 p.m. to 11 p.m. Michigan and Racine Harbor, near the (14) U.S. Bank Fireworks; Milwaukee, Racine Launch Basin Entrance Light, WI. within the arc of a circle with a 200- (i) Location. All waters and adjacent foot radius from the fireworks launch shoreline of Milwaukee Harbor, in the site located in position 42°43′43″N, vicinity of Veteran’s park, within the 087°46′40″ W (NAD 83). arc of a circle with a 1,200-foot radius (ii) Enforcement date and time. Friday from the center of the fireworks launch and Saturday of the third complete site which is located on a barge with weekend of June; 9 p.m. to 11 p.m. each its approximate position located at day. 43°02′22″ N, 087°53′29″ W (NAD 83).

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(ii) Enforcement date and time. July 3; er, then this safety zone will be en- 9 p.m. to 11 p.m. If the July 3 fireworks forced July 5; 9 p.m. to 11 p.m. are cancelled due to inclement weath- (19) Muskegon Summer Celebration er, then this safety zone will be en- July Fourth Fireworks; Muskegon, MI. forced July 4; 9 p.m. to 11 p.m. (i) Location. All waters of Muskegon (15) Independence Day Fireworks; Lake, in the vicinity of Heritage Land- Manistee, MI. ing, within the arc of a circle with a (i) Location. All waters of Lake 1000-foot radius from a fireworks Michigan, in the vicinity of the First launch site located on a barge in posi- Street Beach, within the arc of a circle tion 43°14′00″ N, 086°15′50″ W (NAD 83). with a 1,000-foot radius from the fire- (ii) Enforcement date and time. July 4; works launch site located in position 9 p.m. to 11 p.m. If the July 4 fireworks 44°14′51″ N, 086°20′46″ W (NAD 83). are cancelled due to inclement weath- (ii) Enforcement date and time. July 3; er, then this safety zone will be en- 9 p.m. to 11 p.m. If the July 3 fireworks forced July 5; 9 p.m. to 11 p.m. are cancelled due to inclement weath- (iii) Impact on Special Anchorage er, then this safety zone will be en- Area regulations: Regulations for that forced July 4; 9 p.m. to 11 p.m. portion of the Muskegon Lake East (16) Frankfort Independence Day Special Anchorage Area, as described Fireworks; Frankfort, MI. in 33 CFR 110.81(b), which are over- lapped by this regulation, are sus- (i) Location. All waters of Lake pended during this event. The remain- Michigan and Frankfort Harbor, ing area of the Muskegon Lake East bounded by a line drawn from 44°38′05″ Special Anchorage Area not impacted N, 086°14′50″ W; then south to 44°37′39″ by this regulation remains available N, 086°14′50″ W; then west to 44°37′39″ N, for anchoring during this event. 086°15′20″ W; then north to 44°38′05″ N, (20) Grand Haven Jaycees Annual 086°15′20″ W; then east returning to the Fourth of July Fireworks; Grand point of origin (NAD 83). Haven, MI. (ii) Enforcement date and time. July 4; (i) Location. All waters of The Grand 9 p.m. to 11 p.m. If the July 4 fireworks River between longitude 087°14’00’’ W, are cancelled due to inclement weath- near The Sag, then west to longitude er, then this safety zone will be en- 087°15’00’’ W, near the west end of the forced July 5; 9 p.m. to 11 p.m. south pier (NAD 83). (17) Freedom Festival Fireworks; (ii) Enforcement date and time. July 4; Ludington, MI. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of Lake are cancelled due to inclement weath- Michigan and Ludington Harbor, in the er, then this safety zone will be en- vicinity of the Loomis Street Boat forced July 5; 9 p.m. to 11 p.m. Ramp, within the arc of a circle with a (21) Celebration Freedom Fireworks; 1000-foot radius from the fireworks Holland, MI. ° ′ ″ launch site located in position 43 57 16 (i) Location. All waters of Lake ° ′ ″ N, 086 27 42 W (NAD 83). Macatawa, in the vicinity of Kollen (ii) Enforcement date and time. July 4; Park, within the arc of a circle with a 9 p.m. to 11 p.m. If the July 4 fireworks 1000-foot radius from the fireworks are cancelled due to inclement weath- launch site located in position 42°47′23″ er, then this safety zone will be en- N, 086°07′22″ W (NAD 83). forced July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4, (18) White Lake Independence Day 2007; 9 p.m. to 11 p.m. Thereafter, this Fireworks; Montague, MI. section will be enforced the Saturday (i) Location. All waters of White prior to July 4; 9 p.m. to 11 p.m. If the Lake, in the vicinity of the Montague fireworks are cancelled due to inclem- boat launch, within the arc of a circle ent weather, then this safety zone will with a 1000-foot radius from the fire- be enforced the Sunday prior to July 4; works launch site located in position 9 p.m. to 11 p.m. 43°24′33″ N, 086°21′28″ W (NAD 83). (22) Van Andel Fireworks Show; Hol- (ii) Enforcement date and time. July 4; land, MI. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of Lake are cancelled due to inclement weath- Michigan and the Holland Channel

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within the arc of a circle with a 1000- (27) Gary Fourth of July Fireworks; foot radius from the fireworks launch Gary, IN. site located in position 42°46′21″ N, (i) Location. All waters of Lake 086°12′48″ W (NAD 83). Michigan, approximately 2.5 miles east (ii) Enforcement date and time. July 3; of Gary Harbor, within the arc of a cir- 9 p.m. to 11 p.m. If the July 3 fireworks cle with a 500-foot radius from the fire- are cancelled due to inclement weath- works launch site located in position er, then this safety zone will be en- 41°37′19″ N, 087°14′31″ W (NAD 83). forced July 4; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4; (23) Independence Day Fireworks; 9 p.m. to 11 p.m. If the July 4 fireworks Saugatuck, MI. are cancelled due to inclement weath- (i) Location. All waters of Kalamazoo er, then this safety zone will be en- Lake within the arc of a circle with a forced July 5; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks (28) Joliet Independence Day Celebra- launch site in position 42°38′52″ N, tion Fireworks; Joliet, IL. ° ′ ″ 086 12 18 W (NAD 83). (i) Location. All waters of the Des (ii) Enforcement date and time. July 4; Plains River, at mile 288, within the 9 p.m. to 11 p.m. If the July 4 fireworks arc of a circle with a 500-foot radius are cancelled due to inclement weath- from the fireworks launch site located er, then this safety zone will be en- in position 41°31′31″ N, 088°05′15″ W forced July 5; 9 p.m. to 11 p.m. (NAD 83). (24) South Haven Fourth of July (ii) Enforcement date and time. July 3; Fireworks; South Haven, MI. 9 p.m. to 11 p.m. If the July 3 fireworks (i) Location. All waters of Lake are cancelled due to inclement weath- Michigan and the Black River within er, then this safety zone will be en- the arc of a circle with a 1000-foot ra- forced July 4; 9 p.m. to 11 p.m. dius from the fireworks launch site lo- (29) Glencoe Fourth of July Celebra- cated in position 42°24′08″ N, 086°17′03″ W tion Fireworks; Glencoe, IL. (NAD 83). (i) Location. All waters of Lake (ii) Enforcement date and time. July 4; Michigan, in the vicinity of Lake Front 9 p.m. to 11 p.m. If the July 4 fireworks Park, within the arc of a circle with a are cancelled due to inclement weath- 500-foot radius from the fireworks er, then this safety zone will be en- launch site located in position 42°08′17″ forced July 5; 9 p.m. to 11 p.m. N, 087°44′55″ W (NAD 83). (25) St. Joseph Fourth of July Fire- works; St. Joseph, MI. (ii) Enforcement date and time. July 4; (i) Location. All waters of Lake 9 p.m. to 11 p.m. If the July 4 fireworks Michigan and the St. Joseph River are cancelled due to inclement weath- within the arc of a circle with a 1000- er, then this safety zone will be en- foot radius from the fireworks launch forced July 5; 9 p.m. to 11 p.m. site located in position 42°06′48″ N, (30) Lakeshore Country Club Inde- 086°29′5″ W (NAD 83). pendence Day Fireworks; Glencoe, IL. (ii) Enforcement date and time. July 4; (i) Location. All waters of Lake 9 p.m. to 11 p.m. If the July 4 fireworks Michigan within the arc of a circle are cancelled due to inclement weath- with a 1000-foot radius from the fire- er, then this safety zone will be en- works launch site located in position forced July 5; 9 p.m. to 11 p.m. 42°08′27″ N, 087°44′57″ W (NAD 83). (26) Town of Dune Acres Independ- (ii) Enforcement date and time. July 4; ence Day Fireworks; Dune Acres, IN. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of Lake are cancelled due to inclement weath- Michigan within the arc of a circle er, then this safety zone will be en- with a 1000-foot radius from the fire- forced July 5; 9 p.m. to 11 p.m. works launch site located in position (31) Shore Acres Country Club Inde- 41°39′23″ N, 087°04′59″ W (NAD 83). pendence Day Fireworks; Lake Bluff, (ii) Enforcement date and time. July 4; IL. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of Lake are cancelled due to inclement weath- Michigan, approximately one mile er, then this safety zone will be en- north of Lake Bluff, IL, within the arc forced July 5; 9 p.m. to 11 p.m. of a circle with a 1000-foot radius from

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the fireworks launch site located in po- er, then this safety zone will be en- sition 42°17′59″ N, 087°50′03″ W (NAD 83). forced July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4; (36) Sturgeon Bay Independence Day 9 p.m. to 11 p.m. If the July 4 fireworks Fireworks; Sturgeon Bay, WI. are cancelled due to inclement weath- (i) Location. All waters of Sturgeon er, then this safety zone will be en- Bay, in the vicinity of Sunset Park, forced July 5; 9 p.m. to 11 p.m. within the arc of a circle with a 1000- (32) Kenosha Independence Day Fire- foot radius from the fireworks launch works; Kenosha, WI. site located on a barge in position (i) Location. All waters of Lake 44°50′37″ N, 087°23′18″ W (NAD 83). Michigan and Kenosha Harbor within (ii) Enforcement date and time. July 4; the arc of a circle with a 1000-foot ra- 9 p.m. to 11 p.m. If the July 4 fireworks dius from the fireworks launch site lo- are cancelled due to inclement weath- cated in position 42°35′17″ N, 087°48′27″ W er, then this safety zone will be en- (NAD 83). forced July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4; (37) Fish Creek Independence Day 9 p.m. to 11 p.m. If the July 4 fireworks Fireworks; Fish Creek, WI. are cancelled due to inclement weath- (i) Location. All waters of Green Bay, er, then this safety zone will be en- in the vicinity of Fish Creek Harbor, forced July 5; 9 p.m. to 11 p.m. within the arc of a circle with a 1000- (33) Fourthfest of Greater Racine foot radius from the fireworks launch Fireworks; Racine, WI. site located on a barge in position (i) Location. All waters of Lake 45°07′52″ N, 087°14′37″ W (NAD 83). Michigan and Racine Harbor, in the vi- (ii) Enforcement date and time. The cinity of North Beach, within the arc first Saturday after July 4; 9 p.m. to 11 of a circle with a 1000-foot radius from p.m. the fireworks launch site located in po- (38) Celebrate Americafest Fire- sition 42°44′17″ N, 087°46′42″ W (NAD 83). works; Green Bay, WI. (ii) Enforcement date and time. July 4; (i) Location. All waters of the Fox 9 p.m. to 11 p.m. If the July 4 fireworks River between the railroad bridge lo- are cancelled due to inclement weath- cated 1.03 miles above the mouth of the er, then this safety zone will be en- Fox River and the Main Street Bridge forced July 5; 9 p.m. to 11 p.m. located 1.58 miles above the mouth of (34) Sheboygan Fourth of July Cele- the Fox River, including all waters of bration Fireworks; Sheboygan, WI. the turning basin east to the mouth of (i) Location. All waters of Lake the East River. Michigan and Sheboygan Harbor, in (ii) Enforcement date and time. July 4; the vicinity of the south pier, within 9 p.m. to 11 p.m. If the July 4 fireworks the arc of a circle with a 1000-foot ra- are cancelled due to inclement weath- dius from the fireworks launch site lo- er, then this safety zone will be en- cated in position 43°44′55″ N, 087°41′51″ W forced July 5; 9 p.m. to 11 p.m. (NAD 83). (39) Marinette Fourth of July Cele- (ii) Enforcement date and time. July 4; bration Fireworks; Marinette, WI. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of the Menom- are cancelled due to inclement weath- inee River, in the vicinity of Stephen- er, then this safety zone will be en- son Island, within the arc of a circle forced July 5; 9 p.m. to 11 p.m. with a 1000-foot radius from the fire- (35) Manitowoc Independence Day works launch site located in position Fireworks; Manitowoc, WI. 45°06′09″ N, 087°37′39″ W and all waters (i) Location. All waters of Lake located between the Highway U.S. 41 Michigan and Manitowoc Harbor, in bridge and the Hattie Street Dam the vicinity of south breakwater, with- (NAD 83). in the arc of a circle with a 1000-foot (ii) Enforcement date and time. July 4; radius from the fireworks launch site 9 p.m. to 11 p.m. If the July 4 fireworks located in position 44°05′24″ N, 087°38′45″ are cancelled due to inclement weath- W (NAD 83). er, then this safety zone will be en- (ii) Enforcement date and time. July 4; forced July 5; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 4 fireworks (40) Evanston Fourth of July Fire- are cancelled due to inclement weath- works; Evanston, IL.

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(i) Location. All waters of Lake east returning to the point of origin Michigan, in the vicinity of Centennial (NAD 83). Park Beach, within the arc of a circle (ii) Enforcement date and time. Thurs- with a 500-foot radius from the fire- day, Friday, Saturday, and Sunday of works launch site located in position the first weekend of August; from 10 42°02′56″ N, 087°40′21″ W (NAD 83). a.m. to 5 p.m. each day. (ii) Enforcement date and time. July 4; (44) Annual Trout Festival Fire- 9 p.m. to 11 p.m. If the July 4 fireworks works; Kewaunee, WI. are cancelled due to inclement weath- (i) Location. All waters of Kewaunee er, then this safety zone will be en- Harbor and Lake Michigan within the forced July 5; 9 p.m. to 11 p.m. arc of a circle with a 1000-foot radius (41) Muskegon Summer Celebration from the fireworks launch site located Fireworks; Muskegon,MI. in position 44°27′29″ N, 087°29′45″ W (i) Location. All waters of Muskegon (NAD 83). Lake, in the vicinity of Heritage Land- (ii) Enforcement date and time. Friday ing, within the arc of a circle with a of the second complete weekend of 1000-foot radius from a fireworks barge July; 9 p.m. to 11 p.m. located in position 43°14′00″ N, 086°15′50″ (45) Michigan City Summerfest Fire- W (NAD 83). works; Michigan City, IN. (ii) Enforcement date and time. The (i) Location. All waters of Michigan Sunday following July 4; 9 p.m. to 11 City Harbor and Lake Michigan within p.m. the arc of a circle with a 1000-foot ra- (iii) Impact on Special Anchorage dius from the fireworks launch site lo- Area regulations: Regulations for that cated in position 41°43′42″ N, 086°54′37″ W portion of the Muskegon Lake East (NAD 83). Special Anchorage Area, as described (ii) Enforcement date and time. Sunday in 33 CFR 110.81(b), which are over- of the first complete weekend of July; lapped by this regulation, are sus- 9 p.m. to 11 p.m. pended during this event. The remain- (46) Port Washington Fish Day Fire- ing area of the Muskegon Lake East works; Port Washington, WI. Special Anchorage Area is not im- (i) Location. All waters of Port Wash- pacted by this regulation and remains ington Harbor and Lake Michigan, in available for anchoring during this the vicinity of the WE Energies coal event. dock, within the arc of a circle with a (42) Gary Air and Water Show; Gary, 1000-foot radius from the fireworks IN. launch site located in position 43°23′07″ (i) Location. All waters of Lake N, 087°51′54″ W (NAD 83). Michigan bounded by a line drawn from (ii) Enforcement date and time. The 41°37′42″ N, 087°16′38″ W; then east to third Saturday of July; 9 p.m. to 11 41°37′54″ N, 087°14′00″ W; then south to p.m. 41°37′30″ N, 087°13′56″ W; then west to (47) Bay View Lions Club South 41°37′17″ N, 087°16′36″ W; then north re- Shore Frolics Fireworks; Milwaukee, turning to the point of origin (NAD 83). WI. (ii) Enforcement date and time. Friday, (i) Location. All waters of Milwaukee Saturday, and Sunday of the second Harbor and Lake Michigan, in the vi- weekend of July; from 10 a.m. to 9 p.m. cinity of South Shore Park, within the each day. arc of a circle with a 500-foot radius (43) Milwaukee Air and Water Show; from the fireworks launch site in posi- Milwaukee, WI. tion 42°59′42″ N, 087°52′52″ W (NAD 83). (i) Location. All waters and adjacent (ii) Enforcement date and time. Friday, shoreline of Lake Michigan and Brad- Saturday, and Sunday of the second or ford Beach located within a 4000-yard third weekend of July; 9 p.m. to 11 p.m. by 1000-yard rectangle. The rectangle each day. will be bounded by the points begin- (48) Venetian Festival Fireworks; St. ning at points beginning at 43°02′50″ N, Joseph, MI. 087°52′36″ W; then northeast to 43°04′33″ (i) Location. All waters of Lake N, 087°51′12″ W; then northwest to Michigan and the St. Joseph River, 43°04′40″ N, 087°51′29″ W; then southwest near the east end of the south pier, to 43°02′57″ N, 087°52′53″ W; the south- within the arc of a circle with a 1000-

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foot radius from the fireworks launch 41°52′27″ N, 087°36′37″ W; then north re- site located in position 42°06′48″ N, turning to the point of origin (NAD 83). 086°29′15″ W (NAD 83). (ii) Enforcement date and time. Satur- (ii) Enforcement date and time. Satur- day of the last weekend of July; 9 p.m. day of the third complete weekend of to 11 p.m. July; 9 p.m. to 11 p.m. (54) Port Washington Maritime Herit- (49) Joliet Waterway Daze Fireworks; age Festival Fireworks; Port Wash- Joliet, IL. ington, WI. (i) Location. All waters of the Des (i) Location. All waters of Port Wash- Plaines River, at mile 287.5, within the ington Harbor and Lake Michigan, in arc of a circle with a 300-foot radius the vicinity of the WE Energies coal from the fireworks launch site located dock, within the arc of a circle with a in position 41°31′15″ N, 088°05′17″ W 1000-foot radius from the fireworks (NAD 83). launch site located in position 43°23′07″ (ii) Enforcement date and time. Friday N, 087°51′54″ W (NAD 83). and Saturday of the third complete (ii) Enforcement date and time. Satur- weekend of July; 9 p.m. to 11 p.m. each day of the last complete weekend of day. July or the second weekend of August; (50) EAA Airventure; Oshkosh, WI. 9 p.m. to 11 p.m. (i) Location. All waters of Lake Win- (55) Grand Haven Coast Guard Fes- nebago bounded by a line drawn from tival Fireworks; Grand Haven, MI. 43°57′30″ N, 088°30′00″ W; then south to (i) Location. All waters of the Grand 43°56′56″ N, 088°29′53″ W, then east to River between longitude 087°14′00″ W, 43°56′40″ N, 088°28′40″ W; then north to near The Sag, then west to longitude 43°57′30″ N, 088°28′40″ W; then west re- 087°15′00″ W, near the west end of the turning to the point of origin (NAD 83). south pier (NAD 83). (ii) Enforcement date and time. The last complete week of July, beginning (ii) Enforcement date and time. First Monday and ending Sunday; from 8 weekend of August; 9 p.m. to 11 p.m. a.m. to 8 p.m. each day. (56) Sturgeon Bay Yacht Club (51) Venetian Night Fireworks; Evening on the Bay Fireworks; Stur- Saugatuck, MI. geon Bay, WI. (i) Location. All waters of Kalamazoo (i) Location. All waters of Sturgeon Lake within the arc of a circle with a Bay, in the vicinity of the Sturgeon 500-foot radius from the fireworks Bay Yacht Club, within the arc of a cir- launch site located on a barge in posi- cle with a 500-foot radius from the fire- tion 42°38′52″ N, 086°12′18″ W (NAD 83). works launch site located on a barge in ° ′ ″ ° ′ ″ (ii) Enforcement date and time. The position 44 49 33 N, 087 22 26 W (NAD last Saturday of July; 9 p.m. to 11 p.m. 83). (52) Roma Lodge Italian Festival (ii) Enforcement date and time. The Fireworks; Racine, WI. first Saturday of August; 9 p.m. to 11 (i) Location. All waters of Lake p.m. Michigan and Racine Harbor within the (57) Hammond Marina Venetian arc of a circle with a 1000-foot radius Night Fireworks; Hammond, IN. from the fireworks launch site located (i) Location. All waters of Hammond in position 42°44′04″ N, 087°46′20″ W Marina and Lake Michigan within the (NAD 83). arc of a circle with a 1000-foot radius (ii) Enforcement date and time. Friday from the fireworks launch site located and Saturday of the last complete in position 41°41′53″ N, 087°30′43″ W weekend of July; 9 p.m. to 11 p.m. (NAD 83). (53) Venetian Night Fireworks; Chi- (ii) Enforcement date and time. The cago, IL. first Saturday of August; 9 p.m. to 11 (i) Location. All waters of Monroe p.m. Harbor and all waters of Lake Michi- (58) North Point Marina Venetian gan bounded by a line drawn from Festival Fireworks; Winthrop Harbor, 41°53′03″ N, 087°36′36″ W; then east to IL. 41°53′03″ N, 087°36′21″ W; then south to (i) Location. All waters of Lake 41°52′27″ N, 087°36′21″ W; then west to Michigan within the arc of a circle

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with a 1000-foot radius from the fire- (ii) Enforcement date and time. Satur- works launch site located in position day following the second Thursday of 42°28′55″ N, 087°47′56″ W (NAD 83). August; 9 p.m. to 11 p.m. (ii) Enforcement date and time. The (64) Chicago Air and Water Show; second Saturday of August; 9 p.m. to 11 Chicago, IL. p.m. (i) Location. All waters and adjacent (59) Waterfront Festival Fireworks; shoreline of Lake Michigan and Chi- Menominee, MI. cago Harbor bounded by a line drawn ° ′ (i) Location. All waters of Green Bay, from 41 55 54’’ N at the shoreline, then ° ′ ″ ° ′ ″ in the vicinity of Menominee Marina, east to 41 55 54 N, 087 37 12 W, then ° ′ ″ ° ′ ″ within the arc of a circle with a 1000- southeast to 41 54 00 N, 087 36 00 W (NAD 83), then southwestward to the foot radius from a fireworks barge in northeast corner of the Jardine Water position 45°06′17″ N, 087°35′48″ W (NAD Filtration Plant, then due west to the 83). shore. (ii) Enforcement date and time. Satur- (ii) Enforcement date and time. The day following first Thursday in August; third Thursday, Friday, Saturday, and 9 p.m. to 11 p.m. Sunday of August; from 9 a.m. to 6 p.m. (60) Ottawa Riverfest Fireworks; Ot- each day. tawa, IL. (65) Downtown Milwaukee BID 21 (i) Location. All waters of the Illinois Fireworks; Milwaukee, WI. River, at mile 239.7, within the arc of a (i) Location. All waters of the Mil- circle with a 300-foot radius from the waukee River between the Kilbourn fireworks launch site located in posi- Avenue Bridge at 1.7 miles above the tion 41°20′29″ N, 088°51′20″ W (NAD 83). Milwaukee Pierhead Light to the State (ii) Enforcement date and time. The Street Bridge at 1.79 miles above the first Sunday of August; 9 p.m. to 11 Milwaukee Pierhead Light. p.m. (ii) Enforcement date and time. The (61) Algoma Shanty Days Fireworks; third Thursday of November; 6 p.m. to Algoma, WI. 8 p.m. (i) Location. All waters of Lake (66) New Years Eve Fireworks; Chi- Michigan and Algoma Harbor within cago, IL. the arc of a circle with a 1000-foot ra- (i) Location. All waters of Monroe dius from the fireworks launch site lo- Harbor and Lake Michigan within the cated in position 44°36′24″ N, 087°25′54″ W arc of a circle with a 1000-foot radius (NAD 83). from the fireworks launch site located ° ′ ″ (ii) Enforcement date and time. Sunday on a barge in position 41 52 41 N, ° ′ ″ of the second complete weekend of Au- 087 36 37 W (NAD 83). gust; 9 p.m. to 11 p.m. (ii) Enforcement date and time. Decem- ber 31; 11 p.m. to January 1; 1 a.m. (62) New Buffalo Fireworks; New Buf- (67) Cochrane Cup; Blue Island, IL. falo, MI. (i) Location. All waters of the Cal- (i) Location. All waters of Lake umet Saganashkee Channel from the Michigan and New Buffalo Harbor South Halstead Street Bridge at within the arc of a circle with a 1000- 41°39′27″ N, 087°38′29″ W; to the Crawford foot radius from the fireworks launch Avenue Bridge at 41°39′05″ N, 087°43′08″ ° ′ ″ site located in position 41 48 09 N, W; and the Little Calumet River from ° ′ ″ 086 44 49 W (NAD 83). the Ashland Avenue Bridge at 41°39′7″ (ii) Enforcement date and time. Will be N, 087°39′38″ W; to the junction of the enforced on either July 3rd or July 5th Calumet Saganashkee Channel at from; 9 p.m. to 11 p.m. 41°39′23″ N, 087°39′00″ W (NAD 83). (63) Pentwater Homecoming Fire- (ii) Enforcement date and time. The works; Pentwater, MI. first Saturday of May; 6:30 a.m. to 5 (i) Location. All waters of Lake p.m. Michigan and the Pentwater Channel (68) World War II Beach Invasion Re- within the arc of a circle with a 1000- enactment; St. Joseph, MI. foot radius from the fireworks launch (i) Location. All waters of Lake site located in position 43°46′56.5″ N, Michigan in the vicinity of Tiscornia 086°26′38″ W (NAD 83). Park in St. Joseph, MI beginning at

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42°06′55″N, 086°29′23″ W; then west/north- (i) Location. All U.S. navigable waters west along the north breakwater to of Lake Michigan and the Fox River 42°06′59″ N, 086°29′41″ W; the northwest within the arc of a circle with an 800 100 yards to 42°07′01″ N, 086°29′44″ W; foot radius from the fireworks launch then northeast 2,243 yards to 42°07′50″ site at position 41°39′56″ N, 087°03′57″ W N, 086°28′43″ W; the southeast to the (NAD 83). shoreline at 42°07′39″ N, 086°28′27″ W; (ii) Enforcement date and time. July 4; then southwest along the shoreline to 9 p.m. to 10:30 p.m. the point of origin (NAD 83). (74) ISAF Nations Cup Grand Final (ii) Enforcement date and time. The Fireworks Display, Sheboygan, Wis- last Saturday of June; 8 a.m. to 2 p.m. consin. (69) Ephraim Fireworks; Ephraim, (i) Location. All waters of Lake WI. Michigan and Sheboygan Harbor, in (i) Location. All waters of Eagle Har- the vicinity of the south pier in She- bor and Lake Michigan within the arc boygan Wisconsin, within a 500 foot ra- of a circle with a 750-foot radius from dius from the fireworks launch site lo- the fireworks launch site located on a cated on land in position 43°44′55″ N, ° ′ ″ ° ′ ″ barge in position 45 09 18 N, 087 10 51 087°41′51″ W (NAD 83). W (NAD 83). (ii) Enforcement date and time. Sep- (ii) Enforcement date and time. The tember 13; 7:45 p.m. to 8:45 p.m. third Saturday of June; 9 p.m. to 11 (75) Magnificent Mile Fireworks Dis- p.m. play, Chicago, Illinois. (70) Thunder on the Fox; Elgin, IL. (i) Location. All waters and adjacent (i) Location. All waters of the Fox shoreline of the Chicago River bounded River, near Elgin, Illinois, between by the arc of the circle with a 210 foot Owasco Avenue, located at approxi- radius from the fireworks launch site mate position 42°03′06″ N, 088°17′28″ W with its center in approximate position and the Kimball Street bridge, located of 41°53′21″ N, 087°37′24″ W (NAD 83). at approximate position 42°02′31″ N, 088°17′22″ W (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. Friday, third weekend in November; sunset to Saturday, and Sunday of the third termination of display. weekend in June; 10 a.m. to 7 p.m. each (b) Definitions. The following defini- day. tions apply to this section: (71) Olde Ellison Bay Days Fireworks (1) Designated representative means Display, Ellison Bay, Wisconsin. any Coast Guard commissioned, war- (i) Location. All waters of Lake rant, or petty officer designated by the Michigan, in the vicinity of Ellison Captain of the Port, Sector Lake Bay Wisconsin, within a 400 foot radius Michigan, to monitor a safety zone, from the fireworks launch site located permit entry into a zone, give legally on a barge in position 45°15′36″ N, enforceable orders to persons or vessels 087°05′03″ W (NAD 83). within a safety zone, and take other (ii) Enforcement date and time. The actions authorized by the Captain of fourth Saturday of June; 9 p.m. to 10 the Port, Sector Lake Michigan. p.m. (2) Public vessel means a vessel that is (72) Town of Porter Fireworks Dis- owned, chartered, or operated by the play, Porter Indiana. United States, or by a State or polit- (i) Location. All waters of Lake ical subdivision thereof. Michigan within the arc of a circle (c) Regulations. (1) The general regu- with a 1000 foot radius from the fire- lations in 33 CFR 165.23 apply. works launch site located in position (2) All persons and vessels must com- 41°39′56″ N, 087°03′57″ W (NAD 83). ply with the instructions of the Cap- (ii) Enforcement date and time. The tain of the Port, Sector Lake Michi- first Saturday of July; 8:45 p.m. to 9:30 gan, or his or her designated represent- p.m. ative. Upon being hailed by the U.S. (73) City of Menasha 4th of July Fire- Coast Guard by siren, radio, flashing works, Lake Winnebego, Menasha, Wis- light or other means, the operator of a consin. vessel shall proceed as directed.

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(3) All vessels must obtain permis- 290.0 (point at which the Chicago Sani- sion from the Captain of the Port, Sec- tary and Ship Canal connects to the tor Lake Michigan, or his or her des- Des Plaines River) and mile marker ignated representative to enter, move 321.8 (point at which the Chicago Sani- within or exit a safety zone established tary and Ship Canal Connects to the in this section when the safety zone is South Branch Chicago River). enforced. Vessels and persons granted (3) South Branch Chicago River. All permission to enter one of the safety U.S. waters of the South Branch Chi- zones listed in this section shall obey cago River between mile marker 321.8 all lawful orders or directions of the (point at which the South Branch Chi- Captain of the Port, Sector Lake cago River connects to the Chicago Michigan, or his or her designated rep- Sanitary and Ship Canal) and mile resentative. While within a safety zone, marker 325.6 (point at which the South all vessels shall operate at the min- Branch Chicago River connects to the imum speed necessary to maintain a Chicago River (Main Branch) and safe course. North Branch Chicago River). (d) Suspension of enforcement. If the (4) Chicago River (Main Branch). All Captain of the Port, Sector Lake U.S. waters of the Chicago River (Main Michigan, suspends enforcement of any Branch) between mile marker 325.6 of these zones earlier than listed in (point at which the Chicago River con- this section, the Captain of the Port, nects to the South Branch Chicago Sector Lake Michigan, or his or her River) and 100 yards extending past the designated representative will notify end of the Chicago River covering the the public by suspending the respective area of the Federal channel within Chi- Broadcast Notice to Mariners. cago Harbor. (e) Exemption. Public vessels, as de- (5) North Branch Chicago River. All fined in paragraph (b) of this section, U.S. waters of the North Branch Chi- are exempt from the requirements in cago River between mile marker 325.6 this section. (point at which the North Branch Chi- (f) Waiver. For any vessel, the Cap- cago River connects to the Chicago tain of the Port, Sector Lake Michi- River (Main Branch) and the South gan, or his or her designated represent- Branch Chicago River) and mile mark- ative may waive any of the require- er 331.4 (end of navigation channel). ments of this section, upon finding (6) Calumet-Saganashkee Channel. All that operational conditions or other U.S. waters of the Calumet- circumstances are such that applica- Saganashkee Channel between mile tion of this section is unnecessary or marker 303.5 (point at which the Cal- impractical for the purposes of safety umet-Saganashkee Channel connects or environmental safety. to the Chicago Sanitary and Ship Canal) and mile marker 333.0; all U.S. [USCG–2012–0045, 77 FR 21441, Apr. 10, 2012] waters of the Calumet-Saganashkee § 165.930 Safety Zone, Brandon Road Channel between mile marker 333.0 and Lock and Dam to Lake Michigan in- Lake Michigan (Calumet Harbor). cluding Des Plaines River, Chicago (b) Effective period. This rule is effec- Sanitary and Ship Canal, Chicago tive July 18, 2011. River, and Calumet-Saganashkee (c) Enforcement. (1) The Captain of Channel, Chicago, IL. the Port, Sector Lake Michigan, may (a) Location. The safety zone consists enforce this safety zone in whole, in of the following areas: segments, or by any combination of (1) Des Plaines River. All U.S. waters segments. The Captain of the Port, of the Des Plaines River located be- Sector Lake Michigan, may suspend tween mile marker 286.0 (Brandon Road the enforcement of any segment of this Lock and Dam) and mile marker 290.0 safety zone for which notice of enforce- (point at which the Des Plaines River ment had been given. connects with the Chicago Sanitary (2) The safety zone established by and Ship Canal). this section will be enforced, pursuant (2) Chicago Sanitary and Ship Canal. to paragraph (c)(1) of this section, only All U.S. waters of the Chicago Sanitary upon notice by the Captain of the Port, and Ship Canal between mile marker Sector Lake Michigan. Suspension of

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

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

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

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designated representative may waive (ii) Enforcement date. This section is any of the requirements of this section, effective from 9:30 p.m. to 10 p.m. on upon finding that operational condi- the third weekend of September each tions or other circumstances are such year. that application of this section is un- (6) Island Festival Fireworks Display, necessary or impractical for the pur- Baldwinsville, NY—(i) Location. All poses of safety or environmental safe- waters of the Seneca River within a ty. 500-foot radius of land position: 43°09′25″ N, 076°20′21″ W; in Baldwinsville, NY. [CGD09–07–008, 72 FR 32523, June 13, 2007] (DATUM: NAD 83). § 165.939 Safety Zones; Annual Fire- (ii) Enforcement date. This section is works Events in the Captain of the effective from 10 p.m. to 10:30 p.m. on Port Buffalo Zone. the first weekend of July each year. (7) Seneca River Days, Baldwinsville, (a) Safety zones. The following areas NY—(i) Location. All waters of the Sen- are designated Safety zones and are eca River within a 500-foot radius of listed geographically from New York to land position: 43°09′25″ N, 076°20′21″ W; Ohio. in Baldwinsville, NY. (DATUM: NAD (1) Boldt Castle 4th of July Fireworks, 83). —(i) All Heart Island, NY Location. (ii) Enforcement date. This section is waters of the St. Lawrence River with- effective from 9:30 p.m. to 10:30 p.m. on in a 500-foot radius of the land position: the first weekend of July each year. 44°20′39″ N, 075°55′16″ W; at Heart Island, (8) Oswego Harborfest, Oswego, NY—(i) NY. (DATUM: NAD 83). Location. All waters of Lake Ontario (ii) Enforcement date. This section is within a 1,000-foot radius of barge posi- effective from 9 p.m. to 10 p.m. on July tion 43°28′10″ N, 076°31′04″ W; in Oswego, 4 of each year. NY. (DATUM: NAD 83). (2) Clayton Chamber of Commerce Fire- (ii) Enforcement date. This section is works, Calumet Island, NY—(i) Location. effective from 9 p.m.to 10 p.m. on the All waters of the St. Lawrence River last Saturday in July each year. within a 500-foot radius of land posi- (9) Village Fireworks, Sodus Point, ° ′ ″ ° ′ ″ tion: 44 15 05 N, 076 05 35 W; in Cal- NY—(i) Location. All waters of Sodus umet Island Harbor, NY. (DATUM: Bay within a 500-foot radius of land po- NAD 83). sition: 43°16′27″ N, 076°58′27″ W; in Sodus (ii) Enforcement date. This section is Point, NY. (DATUM: NAD 83). effective from 9 p.m. to 10 p.m. on July (ii) Enforcement date. This section is 1 of each year. effective from 10 p.m. to 10:30 p.m. on (3) French Festival Fireworks, Cape the first Saturday in July each year. Vincent, NY—(i) Location. All waters of (10) City of Syracuse Fireworks Celebra- the St. Lawrence River within a 500- tion, Syracuse, NY—(i) Location. All foot radius of land position: 44°07′53″ N, waters of Onondaga Lake within a 350- 076°20′02″ W. (DATUM: NAD 83). foot radius of land position 43°03′37″ N, (ii) Enforcement date. This section is 076°09′59″ W; in Syracuse, NY. (DATUM: effective from 9:30 p.m. to 10:30 p.m. on NAD 83). the first or second weekend of July (ii) Enforcement date. This section is each year. effective from 9:30 p.m. to 10:30 p.m. on (4) Brewerton Fireworks, Brewerton, the last weekend in June each year. NY—(i) Location. All waters of Lake (11) Tom Graves Memorial Fireworks, Oneida within a 500-foot radius of barge Port Bay, NY—(i) Location. All waters position: 43°14′15″ N, 076°08′03″ W; in of Port Bay within a 500-foot radius of Brewerton, NY. (DATUM: NAD 83). barge position: 43°17′46″ N, 076°50′02″ W; (ii) Enforcement date. This section is in Port Bay, NY. (DATUM: NAD 83). effective from 9:30 p.m. to 10:30 p.m. on (ii) Enforcement date. This section is the first weekend of July each year. effective from 10 p.m. to 10:30 p.m. on (5) Celebrate Baldwinsville Fireworks, the first weekend in July each year. Baldwinsville, NY—(i) Location. All (12) Rochester Harbor and Carousel Fes- waters of the Seneca River within a tival, Rochester, NY—(i) Location. All 500-foot radius of land position: 43°09′21″ waters of Lake Ontario within a 500- N, 076°20′01″ W. (DATUM: NAD 83). foot radius of land position: 43°15′21″ N,

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077°36′19″ W in Rochester, NY. (DATUM: (ii) Enforcement date. This section is NAD 83). effective from 9:45 p.m. to 11 p.m. on (ii) Enforcement date. This section is the second weekend in September each effective from 8 p.m. to 10 p.m. on June year. 24th of each year. (19) Mentor Harbor Yacht Club Fire- (13) North Tonawanda Fireworks Dis- works, Mentor Harbor, OH—(i) Location. play, Tonawanda, NY—(i) Location. All All waters of Lake Erie and Mentor waters of the East Niagara River with- Harbor within a 200-yard radius of in a 500-foot radius of a barge located 41°43.200′ N, 081°21.400′ W (west of the at position: 43°01′12″ N, 078°53′36″ W; in harbor entrance); in Mentor Harbor, North Tonawanda, NY. (DATUM: NAD OH. (DATUM: NAD 83). 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 9:45 p.m. to 11 p.m. on effective from 9:45 p.m. to 10:15 p.m. on the first weekend in July each year. July 4th of each year. (20) Browns Football Halftime Fire- (14) Tonawanda’s Canal Fest Fire- works, Cleveland, OH—(i) Location. All works, Tonawanda, NY—(i) Location. All navigable waters of Cleveland Harbor waters of the East Niagara River with- and Lake Erie beginning in approxi- in a 500-foot radius of barge position: mate land position: 41°30.823′ N, 43°01′12″ N, 078°53′36″ W; in Tonawanda, 081°41.620′ W (the northwest corner of NY. (DATUM: NAD 83). Burke Lakefront Airport); continuing (ii) Enforcement date. This section is northwest to 41°31.176′ N, 081°41.884′ W; effective from 9:30 p.m. to 10:30 p.m. on then southwest to 41°30.810′ N, the fourth Sunday in July each year. 081°42.515′ W; then southeast to (15) Celebrate Erie Fireworks, Erie, 41°30.450′ N, 081°42.222′ W (the northwest PA—(i) Location. All waters of Presque corner of dock 28 at the Cleveland Port Isle Bay within an 800-foot radius of Authority) then northeast back to the land position: 42°08′19″ N, 080°05′29″ W; starting point at 41°30.823′ N, 081°41.620′ at the end of Dobbins Landing Pier, W. (DATUM: NAD 83). Erie, PA. (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective on a Sunday during the sec- effective from 9:45 p.m. to 10:30 p.m. on ond or third Cleveland Brown’s home the third weekend in August each year. game each year. (16) Ashtabula Area Fireworks, Walnut (21) City of Cleveland 4th of July Fire- Beach, Ashtabula, OH—(i) Location. All works, Cleveland, OH—(i) Location. All waters of Lake Erie and Ashtabula navigable waters of Cleveland Harbor Harbor within a 300-yard radius of land and Lake Erie within a 400-yard radius position: 41°54.167′ N, 080°48.416′ W; in of Main Entrance Light 5 (LLNR 4180) Ashtabula, OH. (DATUM: NAD 83). at position: 41°30.23′ N, 081°42.7′ W; in (ii) Enforcement date. This section is Cleveland, OH (DATUM: NAD 83). effective from 9:45 p.m. to 11 p.m. on (ii) Enforcement date. This section is the second weekend in July each year. effective from 9:45 p.m. to 11 p.m. on (17) Fairport Harbor Mardi Gras, the first weekend in July each year. Fairport Harbor, OH—(i) Location. All (22) Dollar Bank Jamboree Fireworks waters of Fairport Harbor and Lake Display, Cleveland, OH—(i) Location. All Erie within a 300-yard radius of land navigable waters of Cleveland Harbor position: 41°45.500′ N, 081°16.300′ W; east and Lake Erie beginning at land posi- of the harbor entrance at Fairport Har- tion: 41°30.823′ N, 081°41.620′ W (the bor Beach, OH. (DATUM: NAD 83). northwest corner of Burke Lakefront (ii) Enforcement date. This section is Airport); continuing northwest to effective from 9:45 p.m. to 11 p.m. on 41°31.176′ N, 081°41.884′ W; then south- the first Saturday of July each year. west to 41°30.810′ N, 081°42.515′ W; then (18) Lake County Perchfest Fireworks, southeast to 41°30.450′ N, 081°42.222′ W Fairport, OH—(i) Location. All waters of (the northwest corner of dock 28 at the Fairport Harbor and Lake Erie within Cleveland Port Authority) then north- a 300-yard radius of land position: east back to the starting point at 41°45.500′ N, 081°16.300′ W; in Fairport, 41°30.823′ N, 081°41.620′ W. (DATUM: OH. (DATUM: NAD 83). NAD 83).

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(ii) Enforcement date. This section is (c) Regulations. (1) In accordance with effective from 9:45 p.m. to 11 p.m. on the general regulations in section the first weekend in July each year. 165.23 of this part, entry into, (23) Lakewood City Fireworks Display, transiting, or anchoring within this Lakewood, OH—(i) Location. All waters safety zone is prohibited unless author- of Lake Erie within a 200-yard radius of ized by the Captain of the Port Buffalo, land position: 41°29.755′ N, 081°47.780′ W or his designated representative. (off of Lakewood Park); in Lakewood, (2)(i) These safety zones are closed to OH. (DATUM: NAD 83). all vessel traffic, except as may be per- (ii) Enforcement date. This section is mitted by the Captain of the Port Buf- effective from 9:45 p.m. to 11 p.m. on falo or his designated representative. the first weekend in July each year. (ii) All persons and vessels must com- (24) Cleveland Yachting Club Fireworks ply with the instructions of the Coast Display, Rocky River, OH—(i) Location. Guard Captain of the Port or his des- All waters of the Rocky River and ignated representative. Lake Erie within a 200-yard radius of (iii) Upon being hailed by the U.S. land position 41°29.428′ N, 081°50.309′ W Coast Guard by siren, radio, flashing (DATUM: NAD 83) at Sunset Point on light or other means, the operator of a the western side of the mouth of the vessel shall proceed as directed. Rocky River in Cleveland, OH. (3)(i)All vessels must obtain permis- (ii) Enforcement date. This section is sion from the Captain of the Port or effective from 9:45 p.m. to 11 p.m. on his designated representative to enter, the third weekend in July each year. move within, or exit the safety zone es- (25) Lorain 4th of July Celebration Fire- tablished in this section when this works Display, Lorain, OH—(i) Location. safety zone is enforced. All waters of Lorain Harbor within a (ii) Vessels and persons granted per- 300-yard radius of land position mission to enter the safety zone must 41°28.591′ N, 082°10.855′ W (DATUM: NAD obey all lawful orders or directions of 83), east of the harbor entrance on the the Captain of the Port or a designated end of the break wall near Spitzer’s representative. Marina. (iii) While within a safety zone, all (ii) Enforcement date. This section is vessels must operate at the minimum effective from 9:45 p.m. to 11 p.m. on speed necessary to maintain a safe the first weekend in July each year. course. (26) Lorain Port Fest Fireworks Dis- (d) Exemption. Public vessels, as de- play, Lorain, OH—(i) Location. All fined in paragraph (b) of this section, waters of Lorain Harbor within a 250- are exempt from the requirements in yard radius of land position: 41°28.040′ this section. N, 082°10.365′ W; in Lorain, OH (e) Waiver. For any vessel, the Cap- (DATUM: NAD 83). tain of the Port Buffalo or his des- (ii) Enforcement date. This section is ignated representative may waive any effective from 9:45 p.m. to 11 p.m. on of the requirements of this section, the third weekend in July each year. upon finding that operational condi- (b) Definitions. The following definitions or other circumstances are such tions apply to this section: that application of this section is un- (1) Designated Representative means necessary or impractical for the pur- any Coast Guard commissioned, war- poses of public or environmental safe- rant, or petty officer designated by the ty. Captain of the Port Buffalo to monitor (f) Notification. The Captain of the a safety zone, permit entry into the Port Buffalo will notify the public that zone, give legally enforceable orders to that the zones in this proposal are or persons or vessels within the zones, and will be enforced by all appropriate take other actions authorized by the means to the affected segments of the Captain of the Port. public including publication in the (2) Public vessel means vessels owned, FEDERAL REGISTER as practicable, in chartered, or operated by the United accordance with 33 CFR 165.7(a). Such States, or by a State or political sub- means of notification may also include, division thereof. but are not limited to Broadcast Notice

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to Mariners or Local Notice to Mari- (ii) Expected date: One evening during ners. The Captain of the Port will issue the last week of June or the first week a Broadcast Notice to Mariners noti- of July. The exact dates and times for fying the public when enforcement of this event will be determined annually. the safety zone established by this sec- (5) Put-In-Bay Fourth of July Fire- tion is cancelled. works, Put-In-Bay, OH: [USCG–2008–0219, 73 FR 28705, May 19, 2008] (i) Location: All waters of Lake Erie within a 1000-foot radius of the fire- § 165.941 Safety Zones; Annual Events works launch site located at position in the Captain of the Port Detroit 41°39.7′ N, 082°48.0′ W (NAD 83). This Zone. area is located in Put-In-Bay Harbor. (a) Safety Zones. The following areas (ii) Expected date: One evening during are designated Safety zones: (1) the first week of July. The exact dates Roostertail Fireworks (barge), Detroit, and times for this event will be deter- MI: mined annually. (i) Location: All waters of the Detroit (6) Gatzeros Fireworks, Grosse River within a 300-foot radius of the Pointe Park, MI: fireworks launch site located at posi- (i) Location: All waters of Lake St. tion 42°21′16.67″ N, 082°58′20.41″ W. (NAD Clair within a 300-foot radius of the 83). This area is located between De- fireworks launch site located at posi- troit and Belle Isle near the tion 42° 22.6′ N, 082°54.8′ W (NAD 83). Roostertail restaurant. This area is located near Grosse Pointe (ii) Expected date: One evening during Park, MI. the third week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (2) Washington Township mined annually. Summerfest Fireworks, Toledo, OH: (7) Harrisville Fireworks, Harrisville, (i) Location: All waters of the Ottawa MI: River within a 600-foot radius of the (i) Location: All waters of Lake Huron fireworks launch site located at posi- within a 450-foot radius of the fire- tion 41°43′29″ N, 083°28′47″ W (NAD 83). works launch site located at position This area is located at the Fred C. 44°39.7′ N, 083°17.0′ W (NAD 83). This Young Bridge, Toledo, OH. area is located at the end of the break (ii) Expected date: One evening during wall at the Harrisville harbor in Har- the last week in June or the first week risville, MI. in July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the first week in July. The exact dates (3) Au Gres City Fireworks, Au Gres, and times for this event will be deter- MI: mined annually. (i) Location: All waters of Saginaw (8) Harbor Beach Fireworks, Harbor Bay within a 700-foot radius of the fire- Beach, MI: works launch site located at position (i) Location: All waters of Lake Huron 44°1.4′ N, 083°40.4′ W (NAD 83). This area within a 700-foot radius of the fire- is located at the end of the pier near works launch site located at position the end of Riverside Drive in Au Gres, 43°50.8′ N, 082° 38.6′ W (NAD 83). This MI. area is located at the end of the rail- (ii) Expected date: One evening during road pier east of the end of State the last week in June or the first week Street in Harbor Beach, MI. in July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the second week in July. The exact (4) The Old Club Fireworks, Harsens dates and times for this event will be Island, MI: determined annually. (i) Location: All waters of Lake St. (9) Trenton Rotary Roar on the River Clair within an 850-foot radius of the Fireworks, Trenton, MI: fireworks launch site located at posi- (i) Location: All waters of the Detroit tion 42°32.4′ N, 082°40.1′ W (NAD 83). River within a 420-foot radius of the This area is located near the southern fireworks launch site located at posi- end of Harsens Island, MI. tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This

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area is located between Grosse Ile and (i) Location: All waters of the Detroit Elizabeth Park in Trenton, MI. River, within a 210-foot radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the third week in July. The exact dates tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This and times for this event will be deter- area is located between Detroit and mined annually. Belle Isle. (10) Nautical Mile Venetian Festival (ii) Expected date: One evening during Fireworks, St. Clair Shores, MI: the third week in September. The exact (i) Location: All waters of Lake St. dates and times for this event will be Clair within a 210-foot radius of the determined annually. fireworks launch site located at posi- (15) Toledo Country Club Memorial tion 42°28.2′ N, 082°52.5′ W (NAD 83). Celebration and Fireworks, Toledo, OH: This area is located near Jefferson (i) Location: All waters of the Beach Marina in St. Clair Shores, MI. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the second week in August. The exact shore at position 41°35′12.58″ N, dates and times for this event will be 83°36′16.58″ W. (NAD 83). This area is lo- determined annually. cated at the Toledo Country Club’s (11) Cheeseburger Festival Fireworks, 18th Green and encompasses the fire- Caseville, MI: works launch site. (i) Location: All waters of Lake Huron (ii) Expected date: One evening during within a 300-foot radius of the fire- the last week in May. The exact dates works launch site located at position and times for this event will be deter- 43°56.9′ N, 083°17.2′ W (NAD 83). This mined annually. area is located near the break wall lo- (16) Luna Pier Fireworks Show, Luna cated at Caseville County Park, Pier, MI: Caseville, MI. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 300-yard radius of the fire- the second week in August. The exact works launch site located at position dates and times for this event will be 41°48′32″ N, 83°26′23″ W. (NAD 83). This determined annually. area is located at the Clyde E. Evens (12) Detroit International Jazz Fes- Municipal Pier. tival Fireworks, Detroit, MI: (ii) Expected date: One evening during (i) Location: All waters of the Detroit the first week in July. The exact dates River within a 560-foot radius of the and times for this event will be deter- fireworks launch site located at posi- mined annually. tion 42°19.6′ N, 83°2.6′ W (NAD 83). This (17) Toledo Country Club 4th of July area is located in the Detroit River be- Fireworks, Toledo, OH: tween Cobo Hall and the GM Head- (i) Location: All waters of the quarters in Detroit, MI. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the last week in August or the first shore at position 41°35′12.58″ N, week in September. The exact dates 83°36′16.58″ W. (NAD 83). This area is lo- and times for this event will be deter- cated at the Toledo Country Club’s mined annually. 18th Green and encompasses the fire- (13) Marine City Maritime Festival works launch site. Fireworks, Marine City, MI: (ii) Expected date: One evening during (i) Location: All waters of the St. the first week in July. The exact dates Clair River within an 840-foot radius of and times for this event will be deter- the fireworks launch site located at po- mined annually. sition 42°42.9′ N, 082°29.1′ W (NAD 83). (18) Pharm Lights Up The Night Fire- This area is located east of Marine works, Toledo, OH: City. (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, within a 300-yard radius the third week in September. The exact of the fireworks launch site located at dates and times for this event will be position 41°38′35″ N, 83°31′54″ W. (NAD determined annually. 83). This position is located at the bow (14) Schoenith Family Foundation of the museum ship SS WILLIS B. Fireworks, Detroit, MI: BOYER.

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(ii) Expected date: One day evening Ore Docks at position 41°23′38″ N, during the first or second weeks in 82°32′59″ W. (NAD 83). July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the second week in July. The exact (19) Perrysburg/Maumee 4th of July dates and times for this event will be Fireworks, Perrysburg, OH: determined annually. (i) Location: All waters of the (24) Kelleys Island, Island Fest Fire- Maumee River, within an 850-foot ra- works, Kelleys Island, OH: dius of the fireworks launch site lo- (i) Location: All waters of Lake Erie, cated at position 41°33′27″ N, 83°38′59″ W. within a 300-yard radius of the fire- (NAD 83). This position is located at works launch site located at position the Perrysburg/Maumee Hwy 20 Bridge. 41°35′43″ N, 82°43′30″ W. (NAD 83). This (ii) Expected date: One evening during position is located at the old Neuman the first week in July. The exact dates Boat Line Dock. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the third or fourth weeks in July. The (20) Lakeside July 4th Fireworks, exact dates and times for this event Lakeside, OH: will be determined annually. (i) Location: All waters of Lake Erie, (25) Riverfest at the International within a 560-foot radius of the fire- Docks, Toledo, OH: works launch site located at position (i) Location: All waters of the 41°32′52″ N, 82°45′03″ W. (NAD 83). This Maumee River, extending from the bow position is located at the Lakeside As- of the museum ship SS WILLIS B. ° ′ ″ ° ′ ″ sociation Dock. BOYER (41 38 35 N, 83 31 54 W), then north/north-east to the south end of (ii) Expected date: One evening during the City of Toledo Street (41°38′51″ N, the first week in July. The exact dates 83°31′50″ W), then south-west to the red and times for this event will be deter- nun buoy #64 (41°38′48″ N, 83°31′58″), mined annually. then south/south-east back to the point (21) Catawba Island Club Fireworks, of origin at the bow of the museum Catawba Island, OH: ship SS WILLIS B. BOYER. (NAD 83). (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 300-yard radius of the fire- the first week in September. The exact works launch site located at position dates and times for this event will be ° ′ ″ ° ′ ″ 41 34 20 N, 82 51 18 W. (NAD 83). This determined annually. position is located at the northwest (26) Rossford Labor Day Fireworks, end of the Catawba Cliffs Harbor Light Rossford, OH: Pier. (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, within a 350-yard radius the first week in July. The exact dates of the fireworks launch site located at and times for this event will be deter- position 41°36′58″ N, 83°33′56″ W. (NAD mined annually. 83). This position is located at Veterans (22) Red, White and Blues Bang Fire- Memorial Park. works, Huron, OH: (ii) Expected date: One evening during (i) Location: All waters of the Huron the first week in September. The exact River, within a 300-yard radius of the dates and times for this event will be fireworks launch site located at posi- determined annually. tion 41°23′29″ N, 82°32′55″ W. (NAD 83). (27) Lakeside Labor Day Fireworks, This position is located at the Huron Lakeside, OH: Ore Docks in Huron, OH. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 560-foot radius of the fire- the first week in July. The exact dates works launch site located at position and times for this event will be deter- 41°32′52″ N, 82°45′03″ W. (NAD 83). This mined annually. position is located at the Lakeside As- (23) Huron Riverfest Fireworks, sociation Dock. Huron, OH: (ii) Expected date: One evening during (i) Location: All waters of Huron Har- the first week in September. The exact bor, within a 350-foot radius of the fire- dates and times for this event will be works launch site located at the Huron determined annually.

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(28) Catawba Island Club Fireworks, (33) Port Austin Fireworks, Port Aus- Catawba Island, OH: tin, MI: (i) Location: All waters of Lake Erie, (i) Location: All waters of Lake within a 300-yard radius of the fire- Huron, off the Port Austin break wall works launch site located at position within a 300-yard radius of the fire- 41°34′20″ N, 82°51′18″ W. (NAD 83). This works launch site located at position position is located at the northwest 42°03′ N, 082°40′ W. (NAD 83). end of the Catawba Cliffs Harbor Light (ii) Expected date: One evening during Pier. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in September. The exact mined annually. dates and times for this event will be (34) City of Wyandotte Fireworks, determined annually. Wyandotte, MI: (29) Bay-Rama Fishfly Festival Fire- (i) Location: All waters of the Detroit works, New Baltimore, MI: River, off the break wall between Oak (i) Location: All waters of Lake St. and Van Alstyne St., within a 300-yard Clair-Anchor Bay, off New Baltimore radius of the fireworks launch site lo- City Park, within a 300-yard radius of cated at position 42°12′ N, 083°09′ W. the fireworks launch site located at po- (NAD 83). ° ′ ° ′ sition 42 41 N, 082 44 W (NAD 83). (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the first week in June. The exact dates and times for this event will be deter- and times for this event will be determined annually. mined annually. (35) Grosse Pointe Farms Fireworks, (30) Lake Erie Metropark Fireworks, Grosse Pointe Farms, MI: Gibraltar, MI: (i) Location: All waters of Lake St. (i) Location: All waters of Lake Erie, Clair, within a 300-yard radius of the off Lake Erie Metro Park, within a 300- fireworks barge located at position yard radius of the fireworks launch site 42°23′ N, 082°52′ W. (NAD 83). This posi- located at position 42°03′N, 083°11′W tion is located 300 yards east of Grosse (NAD 83). This position is located off Pointe Farms, MI. the Brownstown Wave pool area. (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the first week in July. The exact dates and times for this event will be deter- and times for this event will be determined annually. mined annually. (31) City of St. Clair Fireworks, St. (36) Caseville Fireworks, Caseville, Clair, MI: MI: (i) Location: All waters off the St. (i) Location: All waters of Saginaw Clair River near St. Clair City Park, Bay, within a 300-yard radius of the within a 300-yard radius of the fire- fireworks launch site located at posi- works launch site located at position tion 43°56.9′ N, 083°17.2′ W. (NAD 83). 42°49′ N, 082°29′ W (NAD 83). This position is located off the (ii) Expected date: One evening during Caseville break wall. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (32) Oscoda Township Fireworks, mined annually. Oscoda, MI: (37) Algonac Pickerel Tournament (i) Location: All waters of Lake Fireworks, Algonac, MI: Huron, off the DNR Boat Launch near (i) Location: All waters of the St. the mouth of the Au Sable River with- Clair River, within a 300-yard radius of in a 300-yard radius of the fireworks the fireworks barge located at position launch site located at position 44°19′ N, 41°37′ N, 082°32′ W. (NAD 83). This posi- 083°25′ W (NAD 83). tion is located between Algonac and (ii) Expected date: One evening during Russell Island, St. Clair River-North the first week in July. The exact dates Channel. 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- 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 fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°05′ N, 083°09′ W. (NAD 83). This the first week in July. The exact dates position is located in front of the and times for this event will be deter- Grosse Ile Yacht Club. mined annually. (ii) Expected date: One evening during (40) Port Huron 4th of July Fire- the first week in July. The exact dates works, Port Huron, MI: and times for this event will be deter- (i) Location: All waters of the Black mined annually. River within a 300-yard radius of the (45) Trenton Fireworks, Trenton, MI: fireworks barge located at position (i) Location: All waters of the Detroit ° ′ ° ′ 42 58 N, 082 25 W. (NAD 83). This posi- River within a 300-yard radius of the tion is located 300 yards east of 223 fireworks barge located at position Huron Ave., Black River. 42°09′ N, 083°10′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located 200 yards east of Tren- the first week in July. The exact dates ton in the Trenton Channel near Tren- and times for this event will be deter- ton, MI. mined annually. (ii) Expected date: One evening during (41) Grosse Pointe Yacht Club 4th of the first week in July. The exact dates July Fireworks, Grosse Pointe Shores, and times for this event will be deter- MI: mined annually. (i) Location: All waters of Lake St. (46) Belle Maer Harbor 4th of July Clair within a 300-yard radius of the Fireworks, Harrison Township, MI: fireworks barge located at position (i) Location: All waters of Lake St. 42°25′ N, 082°52′ W. (NAD 83). This posi- Clair within a 300-yard radius of the tion is located 400 yards east of the fireworks barge located at position Grosse Pointe Yacht Club seawall, 42°36′ N, 082°47′ W. (NAD 83). This posi- Lake St. Clair. tion is located 400 yards east of Belle (ii) Expected date: One evening during Maer Harbor, Lake St. Clair. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (42) Lexington Independence Festival mined annually. Fireworks, Lexington, MI: (47) Tawas City 4th of July Fire- (i) Location: All waters of Lake Huron works, Tawas, MI: within a 300-yard radius of the fire- (i) Location: All waters of Lake Huron works barge located at position 43°13′ within a 300-yard radius of the fire- N, 082°30′ W. (NAD 83). This position is works launch site located at position

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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 This area is located southeast of the and times for this event will be deter- Grosse Pointe Yacht Club. mined annually. (ii) Expected date: One evening during (53) Bay City Fireworks Festival, Bay the third week in June. The exact City, MI: dates and times for this event will be (i) Location: All waters of the Sagi- determined annually. naw River near Bay City, MI, from the (50) Target Fireworks, Detroit, MI: Veteran’s Memorial Bridge, located at (i) Location: The following three position 43°35.8′ N; 083°53.6′ W, south ap- areas are safety zones: proximately 1000 yards to the River (A) The first safety zone area will en- Walk Pier, located at position 43°35.3′ compass all waters of the Detroit River N; 083°53.8′ W. All geographic coordi- bounded by the arc of a circle with a nates are North American Datum of 900-foot radius with its center in posi- 1983 (NAD 83). tion 42°19′23″ N, 083°04′34″ W. (B) The second safety zone area will (ii) Expected date: Three evenings dur- encompass a portion of the Detroit ing the first week in July. The exact River bounded on the South by the dates and times for this event will be International Boundary line, on the determined annually. West by 083°03′30″ W, on the North by (54) Toledo 4th of July Fireworks, To- the City of Detroit shoreline and on ledo, OH: the East by 083°01′15″ W. (i) Location: All waters of the (C) The third safety zone will encom- Maumee River within a 300-yard radius pass a portion of the Detroit River of the fireworks launch site located at bounded on the South by the Inter- position 41°38′35″ N, 083°31′54″ W. All ge- national Boundary line, on the West by ographic coordinates are North Amer- the Ambassador Bridge, on the North ican Datum of 1983 (NAD 83). by the City of Detroit shoreline, and on (ii) Expected date: One evening during the East by the downstream end of the first week in July. The exact dates Belle Isle. The Captain of the Port De- and times for this event will be deter- troit has determined that vessels below mined annually. 65 feet in length may enter this zone. (55) Toledo Labor Day Fireworks, To- (ii) Expected date: One evening during ledo, OH: the last week in June. The exact dates (i) Location: All waters of the and times for this event will be deter- Maumee River within a 300-yard radius mined annually. of the fireworks launch site located at

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position 41°38′35″ N, 083°31′54″ W. All ge- are exempt from the requirements in ographic coordinates are North Amer- this section. ican Datum of 1983 (NAD 83). (e) Waiver. For any vessel, the Cap- (ii) Expected date: One evening during tain of the Port Detroit or his des- the first week in September. The exact ignated representative may waive any dates and times for this event will be of the requirements of this section, determined annually. upon finding that operational condi- (b) Definitions. The following definitions or other circumstances are such tions apply to this section: that application of this section is un- (1) Designated Representative means necessary or impractical for the pur- any Coast Guard commissioned, war- poses of public or environmental safe- rant, or petty officer designated by the ty. Captain of the Port Detroit to monitor (f) Notification. The Captain of the a safety zone, permit entry into the Port Detroit will notify the public that zone, give legally enforceable orders to the safety zones in this section are or persons or vessels within the zones, and will be enforced by all appropriate take other actions authorized by the means to the affected segments of the Captain of the Port. public including publication in the (2) Public vessel means vessels FEDERAL REGISTER as practicable, in owned, chartered, or operated by the accordance with 33 CFR 165.7(a). Such United States, or by a State or polit- means of notification may also include, ical subdivision thereof. but are not limited to Broadcast Notice (c) Regulations. (1) In accordance with to Mariners or Local Notice to Mari- the general regulations in § 165.23 of ners. The Captain of the Port may this part, entry into, transiting, or an- issue a Broadcast Notice to Mariners choring within this safety zone is pro- notifying the public when enforcement hibited unless authorized by the Cap- of the safety zone established by this tain of the Port Detroit, or his des- section is cancelled if deemed nec- ignated representative. essary. (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, mitted by the Captain of the Port De- June 9, 2010; USCG–2012–0306, 77 FR 37315, troit or his designated representative. June 21, 2012] (ii) All persons and vessels must comply with the instructions of the Coast TENTH COAST GUARD DISTRICT Guard Captain of the Port or his designated representative. § 165.T10–0693 Regulated Navigation (iii) Upon being hailed by the U.S. Area; Greenville Bridge Demolition, Coast Guard by siren, radio, flashing Lower Mississippi River, Mile 531.3. light or other means, the operator of a (a) Regulated Navigation Area. The fol- vessel shall proceed as directed. lowing is a regulated navigation area (3)(i) All vessels must obtain permis- (RNA): All waters of the Lower Mis- sion from the Captain of the Port or sissippi River beginning at mile 528 and his designated representative to enter, ending at mile 535 extending the entire move within, or exit the safety zone es- width of the waterway. tablished in this section when this (b) Applicability. This section applies safety zone is enforced. to all vessels and craft operating on (ii) Vessels and persons granted per- the waters of the Mississippi in or near mission to enter the safety zone must the RNA or approaching the RNA with obey all lawful orders or directions of intentions of transiting the RNA. the Captain of the Port or a designated (c) Effective dates. This rule is effec- representative. tive in the CFR from November 2, 2010 (iii) While within a safety zone, all through November 1, 2012. This rule is vessels must operate at the minimum effective with actual notice for pur- speed necessary to maintain a safe poses of enforcement from October 22, course. 2010 through November 1, 2012. (d) Exemption. Public vessels, as de- (d) Definitions. As used in this sec- fined in paragraph (b) of this section, tion:

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

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minimum of 7 days before the sched- sioned, warrant, and petty officers of uled closure, unless an emergent situa- the U.S. Coast Guard. tion exists. Notice for any closure that (4) Any anticipated waterway clo- will last longer than 2 hours but less sures will be made through Broadcast than 4 hours will be given at least 72 Notice to Mariners and Local Notice to hours before the closure. Broadcast No- Mariners. During a closure, vessels re- tice to Mariners will be broadcast quiring entry into or passage through every two hours while the RNA is the Safety Zone must request permis- closed to traffic. Additionally, a sched- sion from the Captain of the Port Mor- ule of known closures will be published gan City, or a designated representa- in the Eighth District Local Notice to tive and passage will be considered on Mariners and at http://homeport.uscg.mil. a case-by-case basis. They may be con- Select ‘‘LOWER MISSISSIPPI RIVER tacted on VHF Channel 11, 13, or 16, or (MEMPHIS)’’ under the Port Directory by telephone at (985) 380–5370. tab. The schedule will appear under the EFFECTIVE DATE NOTE: By USCG–2011–0523, Notice to Mariners subcategory. 76 FR 45423, July 29, 2011, temporary EFFECTIVE DATE NOTE: By USCG–2010–0693, § 165.T11–0523 was added, effective from July 75 FR 67219, Nov. 2, 2010, temporary § 165.T10– 29, 2011 until 11:59 p.m., Mar. 14, 2013. 0693 was added, effective Nov. 2, 2010 through Nov. 1, 2012. § 165.1101 Security Zone: San Diego Bay, CA. ELEVENTH COAST GUARD DISTRICT (a) Location. The following area is a security zone: the water area within § 165.T11–0523 Safety Zone; Houma Naval Station, San Diego enclosed by Navigation Canal, From Waterway the following points: Beginning at Mile Markers 19.0 to 20.0, South- 32°41′16.5″ N, 117°08′01″ W (Point A); west of Bayou Plat, Bank to Bank, Terrebonne Parish, LA. thence running southwesterly to 32°40′58.3″ N, 117°08′11.0″ W (Point B); to (a) Location. Houma Navigation 32°40′36.0″ N 117°07′49.1″ W (Point C); to Canal, from Waterway Mile Markers 32°40′17.0′ N, 117°07′34.6″ W (Point D); to 19.0 to 20.0, Southwest of Bayou Plat, 32°39′36.4″ N, 117°07′24.8″ W (Point E); to bank to bank, Terrebonne Parish, Lou- 32°39′38.5″ N 117°07′06.5″ W, (Point F); isiana. thence running generally northwest- (b) Effective date. This rule is effec- erly along the shoreline of the Naval tive June 27, 2011, through March 14, Station to the place of the beginning. 2013. All coordinates referenced use datum: (c) Periods of enforcement. This rule NAD 1983. will be enforced upon signature (b) Regulations. (1) In accordance with through March 14, 2013. The Captain of the general regulations in § 165.33 of the Port Morgan City or a designated this part, entry into the area of this representative will inform the public zone is prohibited unless authorized by through Broadcast Notice to Mariners the Captain of the Port San Diego; of the enforcement period for the safe- Commander, Naval Base San Diego; ty zone as well as any changes in the Commander, Navy Region Southwest; planned schedule. or the Commanding Officer, Naval Sta- (d) Regulations. (1) In accordance with tion, San Diego. the general regulations in 33 CFR part (2) Persons desiring to transit the 165, subpart C, entry into this zone area of the security zone may contact should be at slowest safe speed to mini- the Captain of the Port at telephone mize wake unless authorized by the number 619–683–6495 or on VHF channel Captain of the Port Morgan City. 16 (156.8 MHz) to seek permission to (2) Mariners shall transit through the transit the area. If permission is grant- construction site and pass at slowest ed, all persons and vessels must comply safe speed to minimize wake. with the instructions of the Captain of (3) All persons and vessels shall com- the Port or his or her designated rep- ply with the instructions of the Cap- resentative. tain of the Port Morgan City and des- (c) Authority. In addition to 33 U.S.C. ignated on-scene patrol personnel. On- 1231 and 50 U.S.C. 191, the authority for scene patrol personnel include commis- this section includes 33 U.S.C. 1226.

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

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(c) Authority. In addition to 33 U.S.C. gitude 117°10′49.5″ W (point C); thence 1231 and 50 U.S.C. 191, the authority for northwesterly to latitude 32°43′25.7″ N, this section includes 33 U.S.C. 1226. longitude 117°11′04.6″ W (point D); (d) Enforcement. The U.S. Coast thence northeasterly to latitude Guard may be assisted in the patrol 32°43′35.7″ N, longitude 117°10′59.5″ W and enforcement of this security zone (point E); thence generally easterly by the U.S. Navy. along the air station boundary to the point of beginning (point A). [COTP San Diego, 68 FR 25290, May 12, 2003] (b)(1) In accordance with the general § 165.1105 Security Zone: San Diego regulations in § 165.23 of this part, Bay, California. entry into the area of this zone is pro- (a) Location. (1) The following area is hibited unless authorized by the Cap- a security zone: The water area adja- tain of the Port, except as provided for cent to Naval Air Station North Island, below. Coronado, California, and within 100 (2) Vessels may transit the area of yards (91 meters) of Bravo Pier, and this safety zone without permission, vessels moored thereto, bounded by the but may not anchor, stop, remain with- following points (when no vessel is in the zone, or approach within 100 moored at the pier): yards (92 meters) of the land area of (i) Latitude 32°41′53.0″ N, Longitude Coast Guard Air Station San Diego or 117°13′33.6″ W; structures attached thereto. (ii) Latitude 32°41′53.0″ N, Longitude [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and 117°13′40.6″ W; COTP San Diego Reg. 85–06, 50 FR 38003, (iii) Latitude 32°41′34.0″ N, Longitude Sept. 19, 1985. Redesignated by USCG–2001– 117°13′40.6″ W; 9286, 66 FR 33642, June 25, 2001] (iv) Latitude 32°41′34.0″ N, Longitude § 165.1107 San Diego Bay, California. 117°13′34.1″ W. (2) Because the area of this security (a) Location. The area encompassed zone is measured from the pier and by the following geographic coordi- from vessels moored thereto, the ac- nates is a regulated navigation area: tual area of this security zone will be 32°41′24.6″ N 117°14′21.9″ W larger when a vessel is moored at 32°41′34.2″ N 117°13′58.5″ W Bravo Pier. 32°41′34.2″ N 117°13′37.2″ W (b) Regulations. In accordance with Thence south along the shoreline to the general regulations in § 165.33 of 32°41′11.2″ N 117°13′31.3″ W this part, entry into the area of this 32°41′11.2″ N 117°13′58.5″ W zone is prohibited unless authorized by Thence north along the shoreline to the the Captain of the Port or the Com- point of origin. manding Officer, Naval Air Station Datum: NAD 1983. North Island. Section 165.33 also con- (b) Regulations. (1) During submarine tains other general requirements. docking/undocking operations at the [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. U.S. Naval Submarine Base on Ballast 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

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submarine docking/undocking oper- sea floor, within 25 yards of all piers, ations covered by paragraph (b)(1). abutments, fenders and pilings of the Coronado Bay Bridge. These security [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991, as amended by USCG– zones will not restrict the main naviga- 1998–3799, 63 FR 35533, June 30, 1998. Redesig- tional channel nor will it restrict ves- nated by USCG–2001–9286, 66 FR 33642, June sels from transiting through the chan- 25, 2001] nel. (b) Regulations. (1) Under § 165.33, § 165.1108 Security Zones; Cruise entry into, transit through, loitering, Ships, Port of San Diego, California. or anchoring within any of these secu- (a) Definition. ‘‘Cruise ship’’ as used rity zones by all persons and vessels is in this section means a passenger ves- prohibited, unless authorized by the sel, except for a ferry, 100 gross tons or Captain of the Port, or his designated more, authorized to carry more than 12 representative. Mariners seeking per- passengers for hire; capable of making mission to transit through a security international voyages lasting more zone may request authorization to do than 24 hours, any part of which is on so from Captain of the Port or his des- the high seas; and for which passengers ignated representative. The Coast are embarked, disembarked or at a port Guard can be contacted on San Diego of call in the San Diego port. Bay via VHF-FM channel 16. (b) Location. The following areas are (2) Vessels may enter a security zone security zones: All navigable waters, if it is necessary for safe navigation extending from the surface to the sea and circumstances do not allow suffi- floor, within a 100-yard radius around cient time to obtain permission from any cruise ship that is located within the Captain of the Port. the San Diego port area landward of [COTP San Diego 04–015, 69 FR 43915, July 23, the sea buoys bounding the Port of San 2004] Diego. (c) Regulations. Under regulations in § 165.1120 Security Zone; Naval Am- 33 CFR part 165, subpart D, a person or phibious Base, San Diego, CA. vessel may not enter into or remain in (a) Location. The following area is a the security zones created by this sec- security zone: the waters of San Diego tion unless authorized by the Coast Bay, enclosed by lines connecting the Guard Captain of the Port, San Diego following points: Beginning at (COTP) or a COTP designated rep- 32°40′30.0″ N, 117°10′03.0″ W (Point A); resentative. Persons desiring to transit thence running northeasterly to these security zones may contact the 32°40′54.0″ N, 117°09′35.5″ W (Point B); COTP at telephone number (619) 278– thence running northeasterly to 7033 or on VHF–FM channel 16 (156.8 32°40′55.0″ N, 117°09′27.0″ W (Point C); 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 the general regulations in § 165.33 of § 165.1110 Security Zone: Coronado this part, entry into the area of this Bay Bridge, San Diego, CA. zone is prohibited unless authorized by (a) Location. All navigable waters of the Captain of the Port or the Com- San Diego Bay, from the surface to the mander, Navy Region Southwest.

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(c) Enforcement. The U.S. Coast Guard Demarcation Line and enter San Diego may be assisted in the patrol and en- Bay or Mission Bay, and any vessels forcement of this security zone by the exercising rights under principles of U.S. Navy. international law, including innocent [CGD11–01–011, 67 FR 4661, Jan. 31, 2002] passage or force majeure, within the area of this RNA. Vessels operating § 165.1121 [Reserved] properly installed, operational, type approved automatic identification sys- § 165.1122 San Diego Bay, Mission Bay tem (AIS) as denoted in 33 CFR 164.46 and their Approaches—Regulated are exempted from making requests as navigation area. required in this regulation. (a) Regulated navigation area. The fol- (d) Regulations. (1) No vessel to which lowing area is a regulated navigation this rule applies may enter, depart or area (RNA): All waters of San Diego move within San Diego Bay or Mission Bay, Mission Bay, and their approaches Bay unless it complies with the fol- encompassed by a line commencing at lowing requirements: Point La Jolla (32°51′06″ N, 117°16′42″ W); (i) Obtain permission to enter San thence proceeding seaward on a line Diego Bay or Mission Bay from the bearing 255° T to the outermost extent Captain of the Port or designated rep- of the territorial seas; thence pro- resentative immediately upon entering ceeding southerly along the outermost the RNA. However, to avoid potential extent of the territorial seas to the delays, we recommend seeking permis- intersection of the maritime boundary sion 30 minutes prior to entering the with Mexico; thence proceeding eas- RNA. terly, along the maritime boundary (ii) Follow all instructions issued by with Mexico to its intersection with the Captain of the Port or designated the California coast; thence proceeding representative. northerly, along the shoreline of the California coast—and including the in- (iii) Obtain permission for any depar- land waters of San Diego Bay and Mis- ture from or movement within the sion Bay, California, shoreward of the RNA from the Captain of the Port or COLREGS Demarcation Line —back to designated representative prior to get- the point of origin. All coordinates ref- ting underway. erence 1983 North American Datum (iv) Follow all instructions issued by (NAD 83). the Captain of the Port or designated (b) Definitions. As used in this sec- representative. tion— (v) Requests may be made by tele- COLREGS Demarcation Line means phone at 619–278–7033 (select option 2) the line described at 33 CFR 80.1104 or or via VHF-FM radiotelephone on 80.1106. channel 16 (156.800 Mhz). The call sign Public vessel means a vessel that is for radiotelephone requests to the Cap- owned or demise—(bareboat) chartered tain of the Port or designated rep- by the government of the United resentative is ‘‘Coast Guard Sector San States, by a State or local government, Diego.’’ or by the government of a foreign (2) For purposes of the requirements country and that is not engaged in in paragraph (d)(1) of this section, the commercial service. Captain of the Port or designated rep- Vessel means every description of resentative means any official des- watercraft or other artificial contriv- ignated by the Captain of the Port, in- ance used, or capable of being used, as cluding but not limited to commis- a means of transportation on water sioned, warrant, and petty officers of other than a public vessel. the U.S. Coast Guard, and any U.S. (c) Applicability. This section applies Coast Guard patrol vessel. Upon being to all vessels of 100 gross tons (GT) or hailed by a U.S. Coast Guard vessel by more, including tug and barge com- siren, radio, flashing light, or other binations of 100 GT or more (com- means, the operator of a vessel shall bined), operating within the RNA, with proceed as directed. the exception of public vessels, vessels (e) Waivers. The Captain of the Port not intending to cross the COLREGS or designated representative may, upon

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request, waive any regulation in this to do so by or through an official pa- section. trol vessel. [CGD11–05–002, 70 FR 70495, November 22, (2) When hailed and/or signaled by an 2005] official patrol vessel, any spectator located within a safety zone during all § 165.1123 Southern California Annual applicable effective dates and times Firework Events for the San Diego shall come to an immediate stop. Captain of the Port Zone. (3) The Patrol Commander (a) General. Safety zones are estab- (PATCOM) is empowered to forbid and lished for the events listed in Table 1 of control the movement of all vessels in this section. Further information on the safety zone. The Patrol Com- exact dates, times, and other details mander shall be designated by the cog- concerning the exact geographical de- nizant Coast Guard Sector Commander; scription of the areas are published by will be a U.S. Coast Guard commis- the Eleventh Coast Guard District in sioned officer, warrant officer, or petty the Local Notice to Mariners at least officer to act as the Sector Com- 20 days prior to the event. mander’s official representative. As the (b) Regulations. All persons and ves- Sector Commander’s representative, sels not registered with the sponsor as the PATCOM may terminate the event participants or as official patrol vessels 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 § 165.1123 [All coordinates referenced use datum NAD 83.]

1. San Diego, CA POPS Fireworks Display

Sponsor ...... Fireworks America. Event Description ...... Fireworks Display. Date ...... Friday/Saturday/Sunday Last weekend of June through first weekend of September. Location ...... San Diego Bay South Embarcadero. Regulated Area ...... 800-foot radius safety zone around tug/barge combination.

2. Fourth of July Fireworks, Mission Bay

Sponsor ...... Mission Bay 4th of July Fireworks. Event Description ...... Fireworks Display. Date ...... The first week in July. Location ...... Mission Bay/Paradise Point and Sail Bay, CA. Regulated Area ...... 800-foot radius safety zone around tug/barge combination.

3. Coronado Fourth of July Fireworks

Sponsor ...... Coronado, CA. Event Description ...... Fireworks Display. Date ...... The first week in July.

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

Location ...... Glorietta Bay, CA. Regulated Area ...... All navigable waters of San Diego Bay in San Diego, CA within a 1200 foot radius of the fireworks barge located at approximately 32°40′41″ N, 117°10′11″ W. Note: This will result in no through vessel traffic of Glorietta Bay for the duration of the fireworks display.

4. San Diego Parade of Lights Fireworks Display

Sponsor ...... Greater Shelter Island Association. Event Description ...... Boat Parade. Date ...... December. Location ...... San Diego Harbor. Regulated Area ...... The northern portion of the San Diego Main Ship Channel from Seaport Village to the Shelter Island Basin. (Note: see also 33 CFR 100.1101, Table 1, number 5 for related marine event.)

[USCG–2009–0559, 76 FR 50671, Aug. 16, 2011] to do so by or through an official patrol vessel. § 165.1124 Annual Firework Events on (2) When hailed and/or signaled by an the Colorado River, between Davis Dam (Bullhead City, Arizona) and official patrol vessel, any spectator lo- Headgate Dam (Parker, Arizona) cated within a safety zone during all within the San Diego Captain of applicable effective dates and times Port Zone. shall come to an immediate stop. (a) General. Safety zones are estab- (3) The Patrol Commander lished for the events listed in Table 1 of (PATCOM) is empowered to forbid and this section. Further information on control the movement of all vessels in exact dates, times, and other details the safety zone. The Patrol Com- concerning the exact geographical de- mander shall be designated by the cog- scription of the areas are published by nizant Coast Guard Sector Commander; the Eleventh Coast Guard District in will be a U.S. Coast Guard commis- the Local Notice to Mariners at least sioned officer, warrant officer, or petty 20 days prior to the event. 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.

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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. Regulated Area ...... River closure from 8pm–10pm. 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. Rockets Over the River

Sponsor ...... Laughlin Tourism Committee. Event Description ...... Fireworks Display Date ...... First week in July. Location ...... Laughlin, NV. 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 Fourth of July Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... First week in July. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8pm–10pm. 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 8pm–10pm. 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.

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[USCG–2009–0559, 76 FR 50672, Aug. 16, 2011] (2) When hailed and/or signaled by an official patrol vessel, any spectator lo- § 165.1125 Southern California Annual cated within a safety zone during all Firework Events for the Los Ange- les Long Beach Captain of the Port applicable effective dates and times zone. shall come to an immediate stop. (a) General. Safety zones are estab- (3) The Patrol Commander lished for the events listed in Table 1 of (PATCOM) is empowered to forbid and this section. Further information on control the movement of all vessels in exact dates, times, and other details the safety zone. The Patrol Com- concerning the exact geographical de- mander shall be designated by the cog- scription of the areas are published by nizant Coast Guard Sector Commander; the Eleventh Coast Guard District in will be a U.S. Coast Guard commis- the Local Notice to Mariners at least sioned officer, warrant officer, or petty 20 days prior to the event. officer to act as the Sector Com- (b) Regulations. All persons and ves- mander’s official representative; and sels not registered with the sponsor as will be located aboard the lead official participants or as official patrol ves- patrol vessel. As the Sector Com- sels are considered spectators. The mander’s representative, the PATCOM ‘‘official patrol’’ consists of any Coast may terminate the event any time it is Guard; other Federal, state, or local deemed necessary for the protection of law enforcement; and any public or life and property. PATCOM may be sponsor-provided vessels assigned or reached on VHF–FM Channel 13 approved by the cognizant Coast Guard (156.65MHz) or 16 (156.8MHz) when re- Sector Commander to patrol each 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 loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

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

Sponsor ...... Los Angeles, CA County Dept of Beach and Harbors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Main Ship Channel of Marina Del Rey, CA.

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

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

3. Fourth of July Fireworks, City of Dana Point

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

4. Fourth of July Fireworks, City of Long Beach

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

5. Fourth of July Fireworks, Irvine Cove Community Association

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

6. Fourth of July Fireworks, Emerald Bay Community Association

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

7. Fourth of July Fireworks, Morro Bay CoC

Sponsor ...... Morro Bay Chamber of Commerce.

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

8. Fourth of July Fireworks, Catalina Island CoC

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

9. Fourth of July Fireworks, City of Santa Barbara

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

10. Fourth of July Fireworks, City of Faria

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

11. Fourth of July Fireworks, City of Redondo Beach

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

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

12. Fourth of July Fireworks, City of San Pedro

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

13. Fourth of July Fireworks, City of Cayucos

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

[USCG–2009–0559, 76 FR 50673, Aug. 16, 2011] the Captain of the Port, San Diego, California. Section 165.33 also contains § 165.1131 Security Zone: Wilson Cove, other general requirements. San Clemente Island, California. (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 miles, 2.8 kilometers) of the shoreline § 165.1141 Safety Zone; San Clemente 3 of San Clemente Island from Wilson NM Safety Zone, San Clemente Is- land, CA. Cove North End Light (LLNR 2565) to Spruce Pier, approximately 4.1 nautical (a) Location. The following area is a miles (4.7 statute miles, 7.65 kilo- safety zone: All waters of the Pacific meters) southeast of Wilson Cove Ocean surrounding San Clemente Is- North End Light, described as follows: land, from surface to bottom, extend- Starting at a point on the shoreline ing from the high tide line on the is- of San Clemente Island, California, in land seaward 3 NM. The zone consists position 33°01′25.0″ N, 118°33′43.0″ W, for of the following sections (see Figure 1): a place of beginning (point A), thence northeasterly to 33°02′11.0″ N, (1) Section A 118°32′13.5″ W (point B), thence southeasterly to 32 °58′40.5″ N, 118°29′15.5″ W Beginning at 33°02.05′ N, 118°35.85′ W; (point C), thence southwesterly to thence to 33°04.93′ N, 118°37.07′ W; 32°57′54.0″ N, 118°31′17.2″ W (point D), thence running parallel to the shore at thence northwesterly along the shore- a distance of approximately 3 NM from line of San Clemente Island to the the high tide line to 33°02.82′ N, place of beginning. 118°30.65′ W; thence 33°01.29′ N, 118°33.88′ (b) Regulations. In accordance with W; thence along the shoreline return- the general regulations in § 165.33 of ing to 33°02.05′ N, 118°35.85′ W. this part, entry into the area of this zone is prohibited unless authorized by

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

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(b) Definitions. The following defini- At all other times, mariners must ob- tion applies to this section: designated tain permission in accordance with the representative, means any commis- procedure described in paragraph (d)(2) sioned, warrant, and petty officers of before entering any of those sections. the Coast Guard on board Coast Guard, (3) The COTP will provide notice of Coast Guard Auxiliary, and local, suspended enforcement by means ap- state, and Federal law enforcement propriate to effect the widest publicity, vessels who have been authorized to including broadcast notice to mariners, act on the behalf of the Captain of the publication in the local notice to mari- Port (COTP). ners, and posting the schedule of re- (c) Enforcement. (1) This regulation stricted access periods by date, loca- will be enforced at all times in Section tion and duration at http:// G and the Wilson Cove section of the www.scisland.org. safety zone described in paragraph (a) (d) Regulations. (1) The general regu- of this section. Mariners must obtain lations governing safety zones found in permission in accordance with the pro- 33 CFR 165.23 apply to the safety zone cedure described in paragraph (d)(2) of described in paragraph (a) of this sec- this section before entering either of tion. those sections (paragraphs (a)(7) and (2) Mariners requesting permission to (8)). transit through any section of the zone (2) This regulation will be enforced in may request authorization to do so Sections A through F of the safety from the Fleet Area Control and Sur- zone described in paragraphs (a)(1) veillance Facility (FACSFAC) San through (6) of this section except when Diego by either calling 619–545–4742 or the Coast Guard notifies the public establishing a VHF bridge to bridge that enforcement of the zone in speci- radio connection on Channel 16. Imme- fied sections is temporarily suspended. diately upon completing transit, the Mariners need not obtain permission in vessel operator must promptly notify accordance with the procedure de- the FACSFAC of safe passage through scribed in paragraph (d)(2) of this sec- the safety zone. Failure to expedi- tion to enter a zone section in which tiously notify FACSFAC of passage enforcement is temporarily suspended. through the safety zone will result in a

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determination by the Navy that the and astern of any LHG tank vessel that vessel is still in the safety zone, there- is underway either on the waters inside by restricting the use of the area for the Federal breakwaters bounding San naval operations. If the Navy deter- Pedro Bay or on the waters within mines that facilitating safe transit three nautical miles seaward of the through the zone negatively impacts Federal breakwaters. range operations, the Navy will cease (c) Regulations. (1) In accordance with this practice and enforce the safety the general regulations in § 165.33 of zones in these two areas without excep- this part, entry into or remaining in tion. these zones is prohibited unless author- (3) All persons and vessels must com- ized by the Coast Guard Captain of the ply with the instructions of the U.S. Port Los Angeles-Long Beach, or his or Navy, Coast Guard Captain of the Port her designated representative. or the designated representative. (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. (3) When any LHG tank vessels ap- [USCG–2009–0277, 75 FR 28198, May 20, 2010] 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 (1) All waters, extending from the the Los Angeles Port Police and the surface to the sea floor, within a 500 Long Beach Police Department. yard radius around any liquefied hazardous gas (LHG) tank vessel that is [COTP Los Angeles-Long Beach 02–005, 68 FR anchored at a designated anchorage ei- 13233, Mar. 19, 2003] ther inside the Federal breakwaters § 165.1152 San Pedro Bay, California— bounding San Pedro Bay or outside at Regulated navigation area. designated anchorages within three nautical miles of the breakwater; (a) Applicability. This section applies (2) The shore area and all waters, ex- to all vessels unless otherwise speci- tending from the surface to the sea fied. (Note: All geographic coordinates floor, within a 500 yard radius around are defined using North American any LHG tank vessel that is moored, or Datum 1983 (NAD 83)). in the process of mooring, at any berth (b) Deviations. The Captain of the within the Los Angeles or Long Beach Port of Los Angeles-Long Beach or his port areas inside the Federal break- or her designated representative may waters bounding San Pedro Bay; authorize a deviation from the require- (3) All waters, extending from the ments of this regulation when it is surface to the sea floor, within 1000 deemed necessary in the interests of yards ahead and 500 yards on each side safety.

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(c) Location. (1) The San Pedro Bay (d)(1) through (d)(3) of this section Regulated Navigation Area (RNA) con- apply to power driven vessels of 1600 or sists of the water area enclosed by the more gross tons, a towing vessel of 8 Los Angeles-Long Beach breakwater meters (approximately 26 feet) or over and a line connecting Point Fermin in length engaged in towing, or vessels Light at 33°42.30′ N, 118°17.60′ W, with of 100 gross tons and upward carrying the following geographical positions: one or more passengers for hire. (1) A vessel shall not exceed a speed Latitude Longitude 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 (2) A vessel navigating within the 33°37.70′ N ...... 118°06.50′ W 33°43.40′ N ...... 118°10.80′ W RNA, shall have its engine(s) ready for immediate maneuver and shall operate (2) The San Pedro Bay RNA consists its engine(s) in a control mode and on of the following named sub-areas, de- fuel that will allow for an immediate fined by lines connecting their respec- response to any engine order, ahead or tive geographic coordinates: astern, including stopping its engine(s) (i) The Los Angeles Pilot Area: for an extended period of time. (3) A vessel navigating within the Latitude Longitude RNA shall maintain a minimum sepa- 33°42.50′ N ...... 118°15.10′ W ration from other vessels of at least (Los Angeles Light) 0.25 nm. 33°42.62′ N ...... 118°14.70′ W (e) Specific regulations—(1) Los Angeles 33°41.30′ N ...... 118°13.50′ W 33°40.85′ N ...... 118°14.90′ W Pilot Area. (i) No vessel may enter the 33°42.50′ N ...... 118°15.10′ W Los Angeles Pilot Area unless it is entering or departing Los Angeles Harbor (ii) The Long Beach Pilot Area: entrance (Angels Gate). (ii) Vessels entering the Los Angeles Latitude Longitude Pilot Area shall pass directly through 33°43.40′ N ...... 118°11.20′ W without stopping or loitering except as (Long Beach Light) necessary to embark or disembark a 33°43.40′ N ...... 118°10.80′ W 33°41.50′ N ...... 118°10.22′ W pilot. 33°40.52′ N ...... 118°10.22′ W (2) Long Beach Pilot Area. (i) No vessel 33°40.52′ N ...... 118°11.82′ W may enter the Long Beach Pilot Area 33°41.50′ N ...... 118°11.82′ W 33°43.40′ N ...... 118°11.20′ W unless it is entering or departing Long Beach Harbor entrance (Queens Gate). (iii) The Los Angeles Deep Water Traf- (ii) Vessels entering the Long Beach fic Lane: Pilot Area shall pass directly through without stopping or loitering except as Latitude Longitude necessary to embark or disembark a 33°42.47′ N ...... 118°14.95′ W pilot. 33°42.56′ N ...... 118°14.75′ W (iii) Every vessel shall leave Long 33°39.48′ N ...... 118°13.32′ W 33°39.42′ N ...... 118°13.55′ W Beach Approach Lighted Whistle Buoy 33°42.47′ N ...... 118°14.95′ W ‘‘LB’’ to port when entering and departing Long Beach Channel and de- (iv) The Long Beach Deep Water Traf- parting vessels shall pass across the fic Lane: southern boundary of the Long Beach Pilot Area. Latitude Longitude (3) Los Angeles and Long Beach Deep 33°43.43′ N ...... 118°11.15′ W Water Traffic Lanes. When a vessel of 50 33°43.39′ N ...... 118°10.90′ W foot draft or greater is using the Los 33°41.51′ N ...... 118°10.71′ W 33°41.50′ N ...... 118°10.95′ W Angeles or Long Beach Deep Water 33°43.43′ N ...... 118°11.15′ W Traffic Lane no other vessel shall enter the Deep Water Traffic Lane if it will (v) Los Angeles Deep Water Pilot Area: result in a meeting, crossing or over- A 0.5nm radius around 33°39.00′ N, taking situation. 118°13.19′ W. (4) Los Angeles Deep Water Pilot Area. (d) General regulations. The following When a vessel of 50 foot draft or great- regulations contained in paragraphs er is embarking or disembarking a

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pilot in the Los Angeles Deep Water the security zones created by this sec- Pilot Area no other vessel shall enter tion unless authorized by the Coast the Deep Water Pilot Area. Guard Captain of the Port, Los Ange- (5) Vessels described in paragraph (d) les—Long Beach (COTP) or a COTP of this section may not enter the designated representative. waters between Commercial Anchorage (1) Persons desiring to transit these G and the Middle Breakwater as de- security zones may contact the COTP fined by an area enclosed by the line at telephone number (310) 521–3801 or on beginning at Los Angeles Main Channel VHF–FM channel 16 (156.8 MHz) to seek Entrance Light 2 (33°42.70′ N, 118°14.70′ permission to transit the area. If per- W), thence east along the Middle mission is granted, all persons and ves- Breakwater to Long Beach Light sels must comply with the instructions (33°43.40′ N, 118°11.20′ W), thence south of the Captain of the Port or his or her to (33°43.08′ N, 118°11.26′ W), thence designated representative. westerly to (33°43.08′ N, 118°12.26′ W), (2) When a cruise ship approaches thence southwesterly parallel to the within 100 yards of a vessel that is breakwater to (33°42.43′ N, 118°14.30′ W), moored, or anchored, the stationary thence to the point of origin, unless vessel must stay moored or anchored such vessel is: while it remains within the cruise (i) In an emergency; ship’s security zone unless it is either (ii) Proceeding to anchor in or de- ordered by, or given permission from, parting Commercial Anchorage G; the COTP Los Angeles-Long Beach to (iii) Standing by with confirmed pilot do otherwise. boarding arrangements; or, (d) Authority. In addition to 33 U.S.C. (iv) Engaged in towing vessels to or 1231 and 50 U.S.C. 191, the authority for from Commercial Anchorage G, or to this section includes 33 U.S.C. 1226. or from the waters between Commer- (e) Enforcement. The U.S. Coast Guard cial Anchorage G and the Middle may be assisted in the patrol and en- Breakwater. forcement of the security zone by the [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- Los Angeles Port Police and the Long designated by USCG–2001–9286, 66 FR 33642, Beach Police Department. June 25, 2001] [COTP Los Angeles-Long Beach 02–004, 67 FR 72563, Dec. 6, 2002, as amended by USCG–2011– § 165.1154 Security Zones; Cruise 0101, 77 FR 1027, Jan. 9, 2012] Ships, San Pedro Bay, California. (a) Definition. ‘‘Cruise ship’’ as used § 165.1155 Security Zone; Diablo Can- in this section means a passenger ves- yon Nuclear Power Plant, Avila sel, except for a ferry, over 100 feet in Beach, California. length, authorized to carry more than (a) Location. The following area is a 12 passengers for hire; making voyages security zone: all waters of the Pacific lasting more than 24 hours, any part of Ocean, from surface to bottom, within which is on the high seas; and for a 2,000 yard radius of Diablo Canyon which passengers are embarked or dis- Nuclear Power Plant centered at posi- embarked in the Port of Los Angeles or tion 35°12′23″ N, 120°51′23″ W. [Datum: Port of Long Beach. NAD 83]. (b) Location. The following areas are (b) Regulations. (1) In accordance with security zones: All navigable waters, the general regulations in § 165.33 of extending from the surface to the sea this part, entry into or remaining in floor, within a 100-yard radius around this zone is prohibited unless author- any cruise ship that is located within ized by the Coast Guard Captain of the the San Pedro Bay area landward of Port, Los Angeles-Long Beach, or his the sea buoys bounding the port of Los or her designated representative. Angeles or Port of Long Beach or des- (2) Persons desiring to transit the ignated anchorages within 3 nautical area of the security zone may contact miles seaward of the Federal Break- the Captain of the Port at telephone waters. number 1–800–221–8724 or on VHF-FM (c) Regulations. Under regulations in channel 16 (156.8 MHz). If permission is 33 CFR part 165, subpart D, a person or granted, all persons and vessels must vessel may not entry into or remain in comply with the instructions of the

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Captain of the Port or his or her des- (1) In the water area of Copper Can- ignated representative. yon, Lake Havasu, Colorado River, be- (c) Authority. In addition to 33 U.S.C. ginning at the approximate center of 1231, the authority for this section in- the mouth of Copper Canyon and draw- cludes 33 U.S.C. 1226. ing a line down the approximate center [COTP Los Angeles-Long Beach 02–006, 67 FR of the canyon extending shoreward to 77430, Dec. 18, 2002] the end of the navigable waters of the canyon, and comprising a semi-rectan- § 165.1156 Safety Zone; Offshore Ma- gular area extending 30 feet on each rine Terminal, El Segundo, CA. side of the line, for a total semi-rectan- (a) Location. The following area is a gular width of 60 feet. safety zone: All waters of Santa (2) This line is more precisely de- Monica Bay, from surface to bottom, scribed as: beginning at latitude enclosed by a line beginning at latitude 34°25′67.6″ N, longitude 114°18′38.5″ W, 33°54′59″ N, longitude 118°26′50″ W; then thence southwesterly to latitude to latitude 33°54′59″ N, longitude 34°25′64″ N, longitude 114°18′45.7″ W, 118°27′34″ W; then to latitude 33°54′00″ N, thence northwesterly to latitude longitude 118°27′34″ W; then to latitude 34°25′65.6″ N, longitude 114°18′46.7″ W, 33°54′00″ N, longitude 118°26′50″ W; then thence southeasterly to latitude to the point of beginning (NAD 1983). 34°25′60.7″ N, longitude 114°18′42.7″ W, (b) Regulations. (1) In accordance with thence southwesterly to longitude the general regulations in § 165.23 of 34°25′51.4″ N, latitude 114°18′46.2″ W, this part, entry into or movement thence southeasterly to latitude within this zone is prohibited except 34°25′47.1″ N, longitude 114°18′49.4″ W, for: thence to the end of the navigable (i) Commercial vessels authorized to waters of the canyon. use the offshore marine terminal for (b) Definitions. For the purposes of loading or unloading; this section: (ii) Commercial tugs, lighters, (1) Vessel: Every description of barges, launches, or other vessels au- watercraft, used or capable of being thorized to engage in servicing the off- used as a means of transportation on shore marine terminal or vessels there- the water, and regardless of mode of in; power. (iii) Public vessels of the United (2) Patrol Vessel: Vessels designated States. by the Captain of the Port, San Diego, (2) Persons desiring to transit the to enforce or assist in enforcing these area of the safety zone may contact the regulations, including Coast Guard, Captain of the Port at telephone num- Coast Guard Auxiliary, and San ber 1–800–221–8724 or on VHF-FM chan- Bernardino County Sheriff’s Depart- nel 16 (156.8 MHz). If permission is ment Vessels. granted, all persons and vessels must (c) Regulations. (1) Vessels, with the comply with the instructions of the exception of patrol vessels, shall not Captain of the Port or his or her des- anchor, moor, loiter in, or otherwise ignated representative. impede the transit of any other vessel (3) Nothing in this section shall be within the regulated navigation area. construed as relieving the owner or Furthermore, all vessels, with the ex- person in charge of any vessel from ception of patrol vessels, shall expedi- complying with the Navigation Rules tiously and continuously transit the as defined in 33 CFR chapter I, sub- regulated navigation area via the most chapters D and E and safe navigation direct route consistent with naviga- practice. tional safety. [COTP Los Angeles-Long Beach 03–002, 70 FR (2) During periods of vessels conges- 30640, May 27, 2005] tion within the Copper Canyon area, as determined by the Captain of the Port § 165.1171 Copper Canyon, Lake or his or her designated on-scene rep- Havasu, Colorado River—Regulated resentative, the regulated navigation Navigation Area. area will be closed to all vessels, with (a) Location. The following is a regu- the exception of patrol vessels. During lated navigation area: designated closure periods, no vessel

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may enter, remain in, or transit zone and a line connecting the fol- through the regulated navigation area, lowing coordinates: with the exception of patrol vessels. ° ′ ″ ° ′ ″ ° ′ ″ Designation of periods of vessel conges- 37 48 30 N, 122 31 22 W; thence to 37 49 03 N, 122°29′52″ W. tion and announcement of the closure of the regulated navigation area will be Datum: NAD 83 conducted by broadcast notices to mariners on VHF-FM Channel 16 no (2) Eastbound traffic lane. Bounded by less frequently than every hour for the the COLREGS Demarcation Line (33 duration of the closure period. CFR 80.1142) and the Golden Gate pre- (3) Each person in the regulated navi- cautionary area, between the separa- gation area shall comply with the dition zone and a line connecting the fol- rections of the Captain of the Port or lowing coordinates: his or her designated on-scene rep- ° ′ ″ ° ′ ″ ° ′ ″ resentative regarding vessel operation. 37 47 50 N, 122 30 48 W; thence to 37 48 30 N, 122°29′29″ W. [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- designated by USCG–2001–9286, 66 FR 33642, Datum: NAD 83 June 25, 2001] (3) Golden Gate Separation Zone: The § 165.1181 San Francisco Bay Region, area 75 yards each side of a line con- California—regulated navigation necting the following coordinates: area. 37°48′08″ N, 122°31′05″ W; thence to 37°48′46″ N, (a) Applicability. This section applies 122°29′40″ W. to all vessels unless otherwise specified. Datum: NAD 83 (b) Deviations. The Captain of the Port, San Francisco Bay, or the Com- (B) Golden Gate Precautionary Area: manding Officer, Vessel Traffic Service An area bounded by a line connecting San Francisco, as a representative of the following coordinates beginning at: the Captain of the Port, may authorize 37°48′30″ N, 122°29′29″ W; thence to 37°48′52″ N, a deviation from the requirements of 122°28′41″ W; thence to 37°48′52″ N, 122°27′49″ W; this regulation when it is deemed nec- thence to 37°49′36″ N, 122°27′46″ W; thence to essary in the interests of safety. 37°49′55″ N, 122°28′09″ W; thence to 37°49′28″ N, (c) Regulated Navigation Areas—(1) 122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ W; San Francisco Bay RNA. (i) The fol- thence returning to the point of beginning. lowing is a regulated navigation area— The waters bounded by a line con- Datum: NAD 83 necting the following coordinates, be- (C) Central Bay Traffic Lanes—(1) ginning at: Westbound traffic lane: Bounded by the 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, Central Bay precautionary area and 122°31′41″ W; thence along the shoreline to the Golden Gate precautionary area, 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, between the Central Bay and the Deep ° ′ ″ ° ′ ″ ° ′ ″ 122 28 00 W; thence to 37 51 45 N, 122 27 28 W; Water Traffic Lane separation zones. thence to 37°52′58″ N, 122°26′06″ W; thence to 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, (2) Eastbound traffic lane: Bounded by 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; the Golden Gate precautionary area thence to 37°49′22″ N, 122°23′48″ W; thence to and the Central Bay precautionary 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N, area, between the Central Bay Separa- 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; tion Zone and a line connecting the fol- thence along the shoreline to the point of be- lowing coordinates, beginning at: ginning. 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, Datum: NAD 83 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W.

(ii) The San Francisco Bay RNA con- Datum: NAD 83 sists of the following defined sub-areas: (A) Golden Gate Traffic Lanes—(1) (3) Deep Water (two-way) Traffic Lane: Westbound traffic lane: Bounded by the Bounded by the Central Bay pre- Golden Gate precautionary area and cautionary area and the Golden Gate the COLREGS Demarcation Line (33 precautionary area, between the Deep CFR 80.1142), between the separation Water Traffic Lane separation zone and

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a line connecting the following coordi- connecting the following coordinates, nates, beginning at: beginning at: 37°49′55″ N, 122°28′09″ W; thence to 37°50′36″ N, 37°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N, 122°27′12″ W; thence to 37°50′47″ N, 122°26′26″ W. 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; (D) Central Bay Separation Zone: The thence returning to the point of beginning. area 75 yards each side of a line connecting the following coordinates, be- Datum: NAD 83 ginning at: (4) Pinole Shoal Channel RNA. The fol- 37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N, lowing is a regulated navigation area— 122°25′25″ W. The waters bounded by a line connecting the following coordinates, be- Datum: NAD 83 ginning at: (E) Deep Water Traffic Lane Separation 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, ° ′ ″ ° ′ ″ ° ′ ″ Zone: The area 75 yards each side of a 122 19 50 W; thence to 38 03 23 N, 122 18 31 W; thence to 38°03′13″ N, 122°18′29″ W; thence to line connecting the following coordi- 38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N, nates, beginning at: 122°22′18″ W; thence returning to the point of 37°49′36″ N, 122°27′46″ W; thence to 37°50′22″ N, beginning. 122°26′49″ W; thence to 37°50′25″ N, 122°26′22″ W. Datum: NAD 83 Datum: NAD 83 (5) Benicia-Martinez Railroad Draw- bridge Regulated Navigation Area (RNA): (F) Central Bay Precautionary Area: The following is a regulated navigation An area bounded by a line connecting area—The waters bounded by the fol- the following coordinates, beginning lowing longitude lines: at: (i) 122°13′31″ W (coinciding with the 37°48′41″ N, 122°25′17″ W; thence to 37°49′32″ N, charted location of the Carquinez 122°25′13″ W; thence to 37°50′25″ N, 122°26′22″ W; Bridge) thence to 37°50′47″ N, 122°26′26″ W; thence to (ii) 121°53′17″ W (coinciding with the 37°51′04″ N, 122°24′58″ W; thence to 37°51′53″ N, charted location of New York Point) ° ′ ″ ° ′ ″ ° ′ ″ 122 24 58 W; thence to 37 51 53 N, 122 24 00 W; Datum: NAD 83 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, (6) Southampton Shoal Channel/Rich- 122°22′12″ W; thence to 37°47′02″ N, 122°21′33″ W; mond Harbor RNA: The following, con- thence to 37°47′02″ N, 122°23′04″ W; thence re- sisting of two distinct areas, is a regu- turning along the shoreline to the point of lated navigation area— beginning. (i) The waters bounded by a line connecting the following coordinates, be- Datum: NAD 83 ginning at: (2) North Ship Channel RNA. The fol- 37°54′17″ N, 122°22′00″ W; thence to 37°54′08″ N, lowing is a regulated navigation area— 122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W; The waters bounded by a line con- thence to 37°54′30″ N, 122°23′09″ W; thence necting the following coordinates, be- along the shoreline to the point of beginning. ginning at: Datum: NAD 83 ° ′ ″ ° ′ ″ ° ′ ″ 37 51 53 N, 122 24 58 W; thence to 37 54 15 N, (ii) The waters bounded by a line con- 122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W; thence to 37°56′06″ N, 122°26′34″ W; thence to necting the following coordinates, be- 37°54′48″ N, 122°26′42″ W; thence to 37°54′02″ N, ginning at: 122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; 37°54′28″ N, 122°23′36″ W; thence to thence to returning to the point of begin- 37°54′20″ N, 122°23′38″ W; thence to ning. 37°54′23″ N, 122°24′02″ W; thence to 37°54′57″ N, 122°24′51″ W; thence to 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

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37°55′40″ N, 122°25′10″ W; thence to (ii) A power-driven vessel of 1600 or 37°54′54″ N, 122°24′30″ W; thence to more gross tons, or a tug with a tow of 37°54′30″ N, 122°24′00″ W; thence returning to 1600 or more gross tons, shall: the point of beginning. (A) Use the appropriate traffic lane and proceed in the general direction of Datum: NAD 83 traffic flow for that lane; (7) Oakland Harbor RNA: The fol- (B) Use the Central Bay Deep Water lowing is a regulated navigation area— Traffic Lane if eastbound with a draft The waters bounded by a line con- of 45 feet or greater or westbound with necting the following coordinates, be- a draft of 28 feet or greater; ginning at: (C) Not enter the Central Bay Deep Water Traffic Lane when another 37°48′40″ N, 122°19′58″ W; thence to power-driven vessel of 1600 or more 37°48′50″ N, 122°20′02″ W; thence to gross tons or tug with a tow of 1600 or 37°48′29″ N, 122°20′39″ W; thence to more gross tons is navigating therein 37°48′13″ N, 122°21′26″ W; thence to when either vessel is: 37°48′10″ N, 122°21′39″ W; thence to (1) Carrying certain dangerous car- 37°48′20″ N, 122°22′12″ W; thence to goes (as denoted in section 160.203 of ° ′ ″ ° ′ ″ 37 47 36 N, 122 21 50 W; thence to this subchapter); ° ′ ″ ° ′ ″ 37 47 52 N, 122 21 40 W; thence to (2) Carrying bulk petroleum prod- ° ′ ″ ° ′ ″ 37 48 03 N, 122 21 00 W; thence to ucts; or ° ′ ″ ° ′ ″ 37 47 48 N, 122 19 46 W; thence to (3) A tank vessel in ballast if such 37°47′55″ N, 122°19′43″ W; thence returning along the shoreline to the point of the begin- entry would result in meeting, cross- ning. ing, or overtaking the other vessel. (D) Normally join or leave a traffic Datum: NAD 83 lane at the termination of the lane, but when joining or leaving from either (d) General regulations. (1) A power- side, shall do so at as small an angle to driven vessel of 1600 or more gross tons, the general direction of traffic flow as or a tug with a tow of 1600 or more practicable; gross tons, navigating within the RNAs (E) So far as practicable keep clear of defined in paragraph (c) of this section, the Central Bay Separation Zone and shall not exceed a speed of 15 knots the Deep Water Traffic Lane Separa- through the water. tion Zone; (2) A power-driven vessel of 1600 or (F) Not cross a traffic lane separation more gross tons, or a tug with a tow of zone unless crossing, joining, or leav- 1600 or more gross tons, navigating ing a traffic lane. within the RNAs defined in paragraph (2) Pinole Shoal Channel RNA: (i) A (c) of this section, shall have its en- vessel less than 1600 gross tons or a tug gine(s) ready for immediate maneuver with a tow of less than 1600 gross tons and shall operate its engine(s) in a con- is not permitted within this RNA. trol mode and on fuel that will allow (ii) A power-driven vessel of 1600 or for an immediate response to any en- more gross tons or a tug with a tow of gine order, ahead or astern, including 1600 or more gross tons shall not enter stopping its engine(s) for an extended Pinole Shoal Channel RNA when an- period of time. other power-driven vessel of 1600 or (3) The master, pilot or person direct- more gross tons or tug with a tow of ing the movement of a vessel within 1600 or more gross tons is navigating the RNAs defined in paragraph (c) of therein if such entry would result in this regulation shall comply with Rule meeting, crossing, or overtaking the 9 of the Inland Navigation Rules (INRs) other vessel, when either vessel is: (33 U.S.C. 2009) in conjunction with the (A) Carrying certain dangerous car- provisions of the associated INRs. goes (as denoted in § 160.203 of this sub- (e) Specific Regulations—(1) San Fran- chapter); cisco Bay RNA: (i) A vessel shall navi- (B) Carrying bulk petroleum prod- gate with particular caution in a pre- ucts; or cautionary area, or in areas near the (C) A tank vessel in ballast. terminations of traffic lanes or chan- (iii) Vessels permitted to use this nels, as described in this regulation. channel shall proceed at a reasonable

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speed so as not to endanger other ves- the requirements of the RNA as pre- sels or interfere with any work which scribed in paragraph (b) of this section. may become necessary in maintaining, (D) Vessels that are moored or an- surveying, or buoying the channel, and chored within the RNA with the intent they shall not anchor in the channel to transit under the lift span shall re- except in case of a deviation authorized main moored or anchored until visi- under paragraph (b) of this section. bility around the lift span becomes (iv) This paragraph shall not be con- greater than 1⁄2 nautical mile. strued as prohibiting any necessary use (4) Southampton Shoal/Richmond Har- of the channel by any public vessels bor RNA: A power-driven vessel of 1600 while engaged in official duties, or in or more gross tons, or a tug with a tow emergencies by pilot boats. of 1600 or more gross tons, shall not (3) Benicia-Martinez Railroad Draw- enter Southampton Shoal/Richmond bridge Regulated Navigation Area Harbor RNA when another power-driv- (RNA)—(i) Eastbound vessels: (A) The en vessel of 1600 or more gross tons, or master, pilot, or person directing the a tug with a tow of 1600 or more gross movement of a power-driven vessel of tons, is navigating therein, if such 1600 or more gross tons or a tug with a entry would result in meeting, cross- tow of 1600 or more gross tons traveling ing, or overtaking the other vessel. eastbound and intending to transit (5) Oakland Harbor RNA: A power- under the lift span (centered at coordi- driven vessel of 1600 or more gross tons nates 38°02′18″ N, 122°07′17″ W) of the or a tug with a tow of 1600 or more railroad bridge across Carquinez Strait gross tons shall not enter the Oakland at mile 7.0 shall, immediately after en- Harbor RNA when another power-driv- tering the RNA, determine whether the en vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross visibility around the lift span is 1⁄2 nautical mile or greater. tons, is navigating therein, if such entry would result in meeting, cross- (B) If the visibility is less than 1⁄2 nautical mile, or subsequently becomes ing, or overtaking the other vessel. less than 1⁄2 nautical mile, the vessel [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR shall not transit under the lift span. 30157, June 7, 1995. Redesignated by USCG– (ii) Westbound vessels: (A) The master, 2001–9286, 66 FR 33642, June 25, 2001, as pilot, or person directing the move- amended by USCG–2003–15404, 68 FR 37741, ment of a power-driven vessel of 1600 or June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. 21, 2004] more gross tons or a tug with a tow of 1600 or more gross tons traveling west- § 165.1182 Safety/Security Zone: San bound and intending to transit under Francisco Bay, San Pablo Bay, the lift span (centered at coordinates Carquinez Strait, and Suisun Bay, 38°02′18″ N, 122°07′17″ W) of the railroad CA. bridge across Carquinez Strait at mile (a) Regulated area. The following area 7.0 shall, immediately after entering is established as a moving safety/secu- the RNA determine whether the visi- rity zone: bility around the lift span is 1⁄2 nau- (1) All waters 200 yards ahead and tical mile or greater. astern and 100 yards to each side of (B) If the visibility is less than 1⁄2 every vessel transporting nuclear ma- nautical mile, the vessel shall not pass terials on behalf of the United States beyond longitude line 121°55′19″ W (co- Department of Energy while such ves- inciding with the charted position of sels transit from a line drawn between the westernmost end of Mallard Island) San Francisco Main Ship Channel until the visibility improves to greater buoys 7 and 8 (LLNR 4190 & 4195, posi- than 1⁄2 nautical mile around the lift tions 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, span. 122°35.2′ W, respectively) until safely (C) If after entering the RNA visi- moored at the Weapons Support Facil- bility around the lift span subse- ity Seal Beach Detachment Concord on quently becomes less than 1⁄2 nautical Suisun Bay (position 38°03.3′ N, 122°02.5′ mile, the master, pilot, or person di- W). All coordinates referenced use recting the movement of the vessel ei- datum: NAD 1983. ther shall not transit under the lift (2) All waters within 100 yards of such span or shall request a deviation from vessels described in paragraph (a)(1) of

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this section while such vessels are con- Certificates of Inspection endorsed for ducting cargo operations at the Weap- ‘‘Lakes, Bays and Sounds’’ that transit ons Support Facility Seal Beach De- international waters for only short pe- tachment Concord. riods of time on frequent schedules. (b) Notification. Commander, Elev- (2) High Value Asset means any water- enth Coast Guard District, will cause side asset of high value including mili- notice of the activation of this safety/ tary and commercial vessels, or com- security zone to be made by all appro- mercial vessels carrying CDC as de- priate means to effect the widest pub- fined in 33 CFR 160.204, deemed by the licity among the affected segments of Captain of Port, or higher authority, as the public, including publication in the requiring protection based upon risk FEDERAL REGISTER as practicable, in assessment analysis and is therefore accordance with the provisions of 33 escorted by the Coast Guard or other CFR 165.7(a); such means of announce- law enforcement vessel with an em- ment may include, but are not limited barked Coast Guard commissioned, to, Broadcast Notice to Mariners. The warrant, or petty officer. Coast Guard will issue a Broadcast No- (3) Tanker means any self-propelled tice to Mariners notifying the public tank vessel constructed or adapted pri- when nuclear materials cargo handling marily to carry oil or hazardous mate- has been completed. rials in bulk in the cargo spaces. (c) Effective Period. The safety/secu- (4) Designated representative means rity zone will be effective commencing any commissioned, warrant, and petty at the time any vessel described in officers of the Coast Guard on board paragraph (a)(1) of this section enters Coast Guard, Coast Guard Auxiliary, the zone described in paragraph (a)(1) and local, State and Federal law en- of this section and will remain in effect forcement vessels who have been au- until all spent nuclear materials cargo thorized to act on the behalf of the handling operations have been com- Captain of the Port. pleted at Weapons Support Facility (b) Locations. Seal Beach Detachment Concord. (1) San Francisco Bay. All waters, ex- (d) Regulations. The general regula- tending from the surface to the sea tions governing safety and security floor, within 500 yards (457 meters) zones contained in both 33 CFR 165.23 ahead, astern and extending along ei- in 33 CFR 165.33 apply. Entry into, ther side of a tanker, cruise ship, or transit through, or anchoring within HVA underway (100 yards when an- this moving safety/security zone is pro- chored or moored) within the San hibited unless authorized by Com- Francisco Bay and areas shoreward of mander, Eleventh Coast Guard Dis- the line drawn between San Francisco trict, or his designated representative. Main Ship Channel buoys 7 and 8(LLNR 4190 & 4195) in positions 37°46.9′ N, [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, redesignated by USCG–2001–9286, 66 FR 33642, June 25, 2001] spectively. (2) Monterey Bay. All waters, extend- § 165.1183 Security Zones; tankers, ing from the surface to the sea floor, cruise ships, and High Value Assets, within 500 yards (457 meters) ahead, San Francisco Bay and Delta Ports, astern and extending along either side Monterey Bay and Humboldt Bay, of a tanker, cruise ship, or HVA under- California way (100 yards when anchored or (a) Definitions. The following defini- moored) within the Monterey Bay area tions apply to these sections— shoreward of a line drawn between (1) Cruise ship means any vessel over Santa Cruz Light (LLNR 305) to the 100 gross register tons, carrying more north in position 36°57.10′ N, 122°01.60′ than 500 passengers for hire which W, and Cypress Point, Monterey to the makes voyages lasting more than 24 south, in position 36°34.90′ N, 121°58.70′ hours, of which any part is on the high W. seas. Passengers from cruise ships are (3) Humboldt Bay. All waters, extend- embarked or disembarked in the U.S. ing from the surface to the sea floor, or its territories. Cruise ships do not within 500 yards (457 meters) ahead, include ferries that hold Coast Guard astern and extending along either side

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of a tanker, cruise ship, or HVA under- tice to Mariners. Persons and vessels way (100 yards when anchored or may also contact the Coast Guard to moored) within the Humboldt Bay area determine the status of the safety zone shoreward of a 4 nautical mile radius on VHF–16 or the 24-hour Command line drawn to the west of the Humboldt Center via telephone at (415) 399–3547. Bay Entrance Lighted Whistle Buoy (c) Definitions. As used in this sec- HB (LLNR 8130) in position 40°46.25′ N, tion, designated representative means 124°16.13′ W. a Coast Guard Patrol Commander, in- (c) Regulations. (1) In accordance with cluding a Coast Guard coxswain, petty the general regulations in § 165.33 of officer, or other officer operating a this part, entry into or remaining in Coast Guard vessel and a Federal, this zone is prohibited unless author- State, and local officer designated by ized by the Coast Guard Captain of the or assisting the Captain of the Port Port, San Francisco Bay, or a des- San Francisco (COTP) in the enforce- ignated representative. ment of the safety zone. (2) Mariners requesting permission to (d) Regulations. (1) Under the general transit through the security zone may regulations in § 165.23, entry into, request authorization to do so from the transiting, or anchoring within the Patrol Commander (PATCOM). The safety zone is prohibited unless author- PATCOM may be contacted on VHF– ized by the COTP or the COTP’s des- FM Channel 16. ignated representative. (3) All persons and vessels shall com- (2) The safety zone is closed to all ply with the instructions of the Cap- vessel traffic, except as may be per- tain of the Port or the designated rep- mitted by the COTP or the COTP’s des- resentative. ignated representative. (4) Upon being hailed by U.S. Coast (3) Vessel operators desiring to enter Guard patrol personnel by siren, radio, or operate within the safety zone must flashing light, or other means, the op- contact the COTP or the COTP’s rep- erator of a vessel shall proceed as di- resentative to obtain permission to do rected. so. Vessel operators given permission (5) The Coast Guard may be assisted to enter or operate in the safety zone by other Federal, State, or local agen- must comply with all directions given cies. to them by the COTP or the COTP’s [USCG–2010–1004, 76 FR 20845, Apr. 14, 2011] designated representative. Persons and vessels may request permission to § 165.1184 Safety Zone; Coast Guard enter the safety zone on VHF–16 or the Use of Force Training Exercises, 24-hour Command Center via telephone San Pablo Bay, CA. at (415) 399–3547. (a) Location. This safety zone will [USCG–2009–0324, 76 FR 25550, May 5, 2011] apply to the navigable waters in the San Pablo Bay, and will encompass an § 165.1185 Regulated Navigation Area; area beginning at position 38°01′44″ N, San Francisco Bay, San Pablo Bay, 122°27′06″ W; 38°04′36″ N, 122°22′06″ W; Carquinez Strait, Suisun Bay, Sac- 38°00′35″ N, 122°26′07″ W; 38°03′00″ N, ramento River, San Joaquin River, 122°20′20″ W (NAD 83) and back to the and connecting waters in Cali- starting point. fornia. (b) Enforcement. The Coast Guard will (a) Location. All waters of San Fran- notify the public via a Broadcast No- cisco Bay, San Pablo Bay, Carquinez tice to Mariners prior to the activation Strait, Suisun Bay, Sacramento River, of this safety zone. The safety zone will San Joaquin River, and connecting be activated on average two times per waters in California are a Regulated month, but could be activated up to six Navigation Area. times per month. It will be in effect for (b) Definitions. ‘‘Liquefied hazardous approximately three hours from 9 a.m. gas (LHG)’’ is a liquid containing one to 11:59 p.m. If the exercises conclude or more of the products listed in Table prior to the scheduled termination 127.005 of 33 CFR 127.005 that is carried time, the Coast Guard will cease en- in bulk on board a tank vessel as a liq- forcement of this safety zone and will uefied gas product. The hazards nor- announce that fact via Broadcast No- mally associated with these products

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include toxic or flammable properties sonnel. Patrol personnel comprise com- or a combination of both. missioned, warrant, and petty officers (c) Regulations. All vessels loaded of the Coast Guard onboard Coast with a cargo of liquefied hazardous gas Guard, Coast Guard Auxiliary, local, (LHG) within this Regulated Naviga- state, and federal law enforcement ves- tion Area must proceed directly to sels. Upon being hailed by U.S. Coast their intended cargo reception facility Guard patrol personnel by siren, radio, to discharge their LHG cargo, unless: flashing light, or other means, the op- (1) The vessel is otherwise directed or erator of a vessel shall proceed as di- permitted by the Captain of the Port. rected. The Captain of the Port can be reached [COTP San Francisco Bay 03–029, 69 FR 11316, at telephone number (415) 399–3547 or on Mar. 10, 2004] VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons and ves- § 165.1190 Security Zone; San Fran- sels must comply with the instructions cisco Bay, Oakland Estuary, Ala- of the Captain of the Port or his or her meda, CA. designated representative. (a) Location. The following area is a (2) The vessel is in an emergency sit- security zone: All navigable waters of uation and unable to proceed as di- the Oakland Estuary, California, from rected in paragraph (a) of this section the surface to the sea floor, approxi- without endangering the safety of per- mately 50 yards into the Oakland Estu- sons, property, or the environment. ary surrounding the Coast Guard Island [CGD11 04–001, 69 FR 30206, May 27, 2004] Pier. The perimeter of the security zone follows the same perimeter as the § 165.1187 Security Zones; Golden Gate floating security barrier installed Bridge and the San Francisco-Oak- around the Coast Guard Island pier. land Bay Bridge, San Francisco The perimeter of the security barrier is Bay, California. located along the following coordi- (a) Location. All waters extending nates: commencing at a point on land from the surface to the sea floor, with- approximately 50 yards northwest of in 25 yards of all piers, abutments, the northwestern end of the Coast fenders and pilings of the Golden Gate Guard Island Pier at latitude Bridge and the San Francisco-Oakland 37°46′53.60″ N and longitude 122°15′06.10″ Bay Bridge, in San Francisco Bay, W; thence to the edge of the navigable California. channel at latitude 37°46′51.83″ N and (b) Regulations. (1) In accordance with longitude 122°15′07.47″ W; thence to a the general regulations in § 165.33 of position approximately 10 yards into this part, entry into these security the charted navigation channel at lati- zones is prohibited, unless doing so is tude 37°46′51.27″ N and longitude necessary for safe navigation, to con- 122°15′07.22″ W; thence closely paral- duct official business such as scheduled leling the edge of the charted naviga- maintenance or retrofit operations, or tion channel to latitude 37°46′46.75″ N unless specifically authorized by the and longitude 122°15′00.21″ W; thence Captain of the Port San Francisco Bay closely paralleling the edge of the or his designated representative. charted navigation channel to a point (2) Persons desiring to transit the approximately 20 yards into the area of the security zone may contact charted navigation channel at latitude the Captain of the Port at telephone 37°46′42.36″ N and longitude 122°14′51.55″ number 415–399–3547 or on VHF-FM W; thence to a point on land approxi- channel 16 (156.8 MHz) to seek permis- mately 50 yards southeast of the south- sion to transit the area. If permission eastern end of the Coast Guard Island is granted, all persons and vessels must Pier at latitude 37°46′44.80″ N and lon- comply with the instructions of the gitude 122°14′48.80″ W; thence northwest Captain of the Port or his or her des- along the shoreline back to the begin- ignated representative. ning point. (c) Enforcement. All persons and ves- (b) Regulations. (1) Under § 165.33, sels shall comply with the instructions entry into or remaining in this zone is of the Coast Guard Captain of the Port prohibited unless authorized by the or the designated on-scene patrol per- Coast Guard Captain of the Port, San

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Francisco Bay, or his designated rep- approved by the cognizant Coast Guard resentative. Sector Commander to patrol each (2) Persons desiring to transit the event. area of the security zone may contact (1) No spectator shall anchor, block, the Captain of the Port at telephone loiter, nor impede the through transit number 415–399–3547 or on VHF-FM of participants or official patrol vessels channel 16 (156.8 MHz) to seek permis- in the safety zone during all applicable sion to transit the area. If permission effective dates and times unless cleared is granted, all persons and vessels must to do so by or through an official pa- comply with the instructions of the trol vessel. Captain of the Port or his designated (2) When hailed and/or signaled by an representative. official patrol vessel, any spectator lo- (c) Enforcement. The Captain of the cated within a safety zone during all Port will enforce this security zone and applicable effective dates and times may be assisted in the patrol and en- shall come to an immediate stop. forcement of this security zone by any (3) The Patrol Commander Federal, State, county, municipal, or (PATCOM) is empowered to forbid and private agency. control the movement of all vessels in [COTP San Francisco Bay 05–006, 70 FR 48874, the safety zone. The Patrol Com- Aug. 22, 2005] mander shall be designated by the cognizant Coast Guard Sector Commander; § 165.1191 Northern California and will be a U.S. Coast Guard commis- Lake Tahoe Area Annual Fireworks sioned officer, warrant officer, or petty Events. officer to act as the Sector Com- (a) General. Safety zones are estab- mander’s official representative; and lished for the events listed in Table 1 of will be located aboard the lead official this section. Further information on patrol vessel. As the Sector Com- exact dates, times, and other details mander’s representative, the PATCOM concerning the exact geographical de- may terminate the event any time it is scription of the areas are published by deemed necessary for the protection of the Eleventh Coast Guard District in life and property. PATCOM may be the Local Notice to Mariners at least reached on VHF–FM Channel 13 20 days prior to the event. (156.65MHz) or 16 (156.8MHz) when re- (b) Regulations. All persons and ves- quired, by the call sign ‘‘PATCOM’’. sels not registered with the sponsor as (4) The Patrol Commander may, upon participants or as official patrol ves- request, allow the transit of commer- sels are considered spectators. The cial vessels through the safety zone ‘‘official patrol’’ consists of any Coast when it is safe to do so. Guard; other Federal, state, or local (5) The Coast Guard may be assisted law enforcement; and any public or by other Federal, state, or local agen- sponsor-provided vessels assigned or cies.

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

1. San Francisco Giants Fireworks Display

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 ...... 1,000 feet off of Pier 48. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

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

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

5. Fourth of July Fireworks, City of Monterey

Sponsor ...... City of Monterey, CA: Recreation & Community Services Depart- ment. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Monterey Bay, CA: East of Municipal Wharf #2. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

6. Light up the Sky Fireworks Display/Pillar Point Harbor Fireworks

Sponsor ...... Various sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Half Moon Bay, CA.

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

Regulated Area ...... Pillar Point Harbor within the area of navigable waters within a 1,000-foot radius of the launch platform located on the harbor break wall.

7. Peninsula Fireworks Spectacular, Redwood City

Sponsor ...... Peninsula Celebration Association. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Redwood 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.

8. San Francisco Independence Day Fireworks Display

Sponsor ...... The City of San Francisco, CA and the Fisherman’s Wharf Asso- ciation. 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 ...... The end of the San Francisco Municipal Pier at Aquatic Park at approximately 37°48′38″ N, 122°24′30″ W. Regulated Area 1 ...... 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. Regulated Area 2 ...... The area of navigable waters within a 1,000-foot radius of the launch platform located on the Municipal Pier.

9. Jack London Square Fourth of July Fireworks

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

10. Fourth of July Fireworks, Berkley Marina

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

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

11. Fourth of July Fireworks, City of Richmond

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

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

13. 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 1,000-foot radius of the launch platform located on a Martinez Marina Pier.

14. 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.

15. 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 1,000-foot radius of the launch platform located on a Pittsburg Marina Pier.

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

16. Independence Day Celebration, City of Stockton

Sponsor ...... City of Stockton. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Stockton, CA Deep Water Ship Channel. Regulated Area ...... The area of navigable waters from the Port of Stockton to Mcleod Lake; beginning at 37°57′06″ N, 121°19′35″ W, then north to 37°57′10″ N, 121°19′36″ W, then north-east 37°57′24″ N, 121°17′35″ W, south-west 37°57′15″ N, 121°17′41″ W, then south-east 37°57′14″ N, 121°17′31″ W, and then back to the beginning point.

17. Hilton Fourth of July Fireworks

Sponsor ...... Hilton Corporation. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... San Joaquin River, near Venice 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.

18. Fourth of July Fireworks Display, Tahoe City, CA

Sponsor ...... Tahoe City Rotary. 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.

19. Fourth of July Fireworks Display, Glenbrook NV

Sponsor ...... Glenbrook Community Homeowners Association. 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.

20. Independence Day Fireworks, Kings Beach, CA

Sponsor ...... North Tahoe Business Association. Event Description ...... Fireworks Displays. 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.]

21. ‘‘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.

22. 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.

23. Independence Day Fireworks Display, Homewood, CA

Sponsor ...... Westshore Cafe´. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Homewood, 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.

24. ‘‘Labor Day Fireworks Display,’’ 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.

25. Fleet Week Fireworks

Sponsor ...... Various Sponsors.

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

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.

26. 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.

27. 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.

28. San Francisco New Years Eve Fireworks Display

Sponsor ...... City of San Francisco. Event Description ...... Fireworks Display. Date ...... New Years Eve, December 31st. Location ...... 1,000 feet off Pier 2, 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.

29. Sacramento New Years Eve Fireworks Display

Sponsor ...... Sacramento Convention and Visitors’ Bureau. 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 surrounding the shore-based launch locations between two lines drawn 1,000 feet south of Tower Bridge, and 1,000 feet north of the I Street Bridge.

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[USCG–2009–0559, 76 FR 50675, Aug. 16, 2011] (b) Regulations. (1) Under § 165.33, entering, transiting through, or anchor- § 165.1192 Security Zones; Waters sur- ing in this zone is prohibited unless au- rounding San Francisco Inter- thorized by the Coast Guard Captain of national Airport and Oakland Inter- national Airport, San Francisco the Port, San Francisco Bay, or his Bay, California. designated representative. (a) Locations. The following areas are (2) Persons desiring to transit the security zones: area of a security zone may contact the (1) San Francisco International Airport Captain of the Port at telephone num- Security Zone. This security zone in- ber 415–399–3547 or on VHF-FM channel cludes all waters extending from the 16 (156.8 MHz) to seek permission to surface to the sea floor within approxi- transit the area. If permission is grant- mately 200 yards seaward from the ed, all persons and vessels must comply shoreline of the San Francisco Inter- with the instructions of the Captain of national Airport and encompasses all the Port or his or her designated rep- waters in San Francisco Bay within a resentative. line connecting the following geo- (c) Enforcement. All persons and ves- graphical positions— sels shall comply with the instructions of the Coast Guard Captain of the Port Latitude Longitude or the designated on-scene patrol per- 37°36′19″ N 122°22′36″ W sonnel. Patrol personnel comprise com- 37°36′45″ N 122°122′18″ W missioned, warrant, and petty officers 37°36′26″ N 122°21′30″ W of the Coast Guard onboard Coast 37°36′31″ N 122°21′21″ W Guard, Coast Guard Auxiliary, local, 37°36′17″ N 122°20′45″ W 37°36′37″ N 122°20′40″ W state, and federal law enforcement ves- 37°36′50″ N 122°21′08″ W sels. Upon being hailed by U.S. Coast 37°37′00″ N 122°21′12″ W Guard patrol personnel by siren, radio, 37°37′21″ N 122°21′53″ W 37°37′39″ N 122°21′44″ W flashing light, or other means, the op- 37°37′56″ N 122°21′51″ W erator of a vessel shall proceed as di- 37°37′50″ N 122°22′20″ W rected. 37°38′25″ N 122°22′54″ W 37°38′23″ N 122°23′01″ W [COTP San Francisco Bay 03–009, 69 FR 34282, June 21, 2004] and along the shoreline back to the beginning point. § 165.1195 Regulated Navigation Area; (2) Oakland International Airport Secu- Humboldt Bay Bar Channel and rity Zone. This security zone includes Humboldt Bay Entrance Channel, all waters extending from the surface Humboldt Bay, California. to the sea floor within approximately (a) Location. The Regulated Naviga- 200 yards seaward from the shoreline of tion Area (RNA) includes all navigable the Oakland International Airport and waters of the Humboldt Bay Bar Chan- encompasses all waters in San Fran- nel and the Humboldt Bay Entrance cisco Bay within a line connecting the Channel, Humboldt Bay, California. following geographical positions— (b) Definitions. As used in this section— Latitude Longitude COTP means the Captain of the Port 37°43′35″ N 122°15′00″ W as defined in Title 33, Code of Federal 37°43′40″ N 122°15′05″ W Regulations, Section 1.01–30 and 3.55–20. 37°43′34″ N 122°15′12″ W 37°43′24″ N 122°15′11″ W Sector means Coast Guard Sector/Air 37°41′54″ N 122°13′05″ W Station Humboldt Bay. 37°41′51″ N 122°12′48″ W Sector Commander means the Com- 37°41′53″ N 122°12′44″ W 37°41′35″ N 122°12′18″ W manding Officer of Coast Guard Sector/ 37°41′46″ N 122°12′08″ W Air Station Humboldt Bay. ° ′ ″ ° ′ ″ 37 42 03 N 122 12 34 W Hazardous material means any of the 37°42′08″ N 122°12′32″ W 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.

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Oil means oil of any kind or in any 1,000 yards, and the vessel and tow are form, including but not limited to, pe- in proper operating condition. troleum, fuel oil, sludge, oil refuse, and (3) If the bar is closed to vessels to oil mixed with wastes other than which this regulation applies, waiver dredged spoil. requests will be accepted within four Station means Coast Guard Station hours of crossing the entrance channel. Humboldt Bay. If the waiver request is made between Tank Vessel means any vessel that is 6:30 a.m. and 10 p.m., the request constructed or adapted to carry, or should be made to Station Humboldt that carries, oil or hazardous material Bay on VHF-FM Channel 16, or at (707) in bulk as cargo or cargo residue. 443–2213. If between 10 p.m. and 6:30 (c) Applicability. These regulations a.m., or if unable to reach the Station, apply to the owners and operators of the request can be made directly to tank vessels transporting oil or haz- Sector/Air Station Humboldt Bay on ardous material as cargo within the VHF-FM Channel 16 or at (707) 839–6113. Humboldt Bay Area. Waiver requests must be made by the (d) Regulations. (1) In addition to the vessel master and must provide the fol- arrival and departure notification re- lowing: A description of the proposed quirements listed in title 33 CFR, part operation, the conditions for which the 160, Ports and Waterways Safety—Gen- waiver is requested, the reasons for re- eral, subpart C—Notifications of ‘‘Ar- questing the waiver, the reasons that rivals, Departures, Hazardous Condi- the requester believes the proposed op- tions, and Certain Dangerous Cargoes’’, eration can be accomplished safely, the owner, master, agent or person in and a callback phone number. The Sta- charge of a vessel to which this notice tion or Sector Watchstander receiving applies shall obtain permission to cross the request will brief the Officer in within four hours of crossing the Hum- Charge of the Station who will then boldt Bay Bar. Between 6:30 a.m. and 10 brief the Sector Commander. The au- p.m., notification/requests for permis- thority to grant waivers rests with the sion can be made to Station Humboldt Sector Commander or his designated Bay on VHF-FM Channel 16, or at (707) representative. 443–2213. If between 10 p.m. and 6:30 (4) In addition to the requirements in a.m., or if unable to reach the Station, paragraphs (d)(1)–(3) of this section, notification/requests for permission vessels transporting liquefied haz- can be made directly to Sector/Air Sta- ardous gases or compressed hazardous tion Humboldt Bay on VHF-FM Chan- gases in bulk as cargo into or out of nel 16 or at (707) 839–6113. Humboldt Bay are required to be aided (2) Permission for a bar crossing by by two assist tugs. If the vessel car- vessels or towing vessels and their tows rying the gases is towed, the assist tug to which this regulation applies is de- requirement is in addition to the tow- pendent on environmental and safety ing tug. The assist tugs shall escort the factors, including but not limited to: vessel through its transit and must be Sea state, winds, visibility, size and stationed so as to provide immediate type of vessel or tow, wave period, time assistance in response to the loss of of day/night, and tidal currents. The power or steering of the cargo vessel, final decision to close the bar rests its towing tug, or loss of control over with Humboldt Bay Sector Commander the tow. or his designated representative. At a (5) Vessels to which this regulation minimum, Humboldt Bay Bar Channel applies may be required by the Sector 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–

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2213 between 6:30 a.m. and 10 p.m., or to (2) Conoco-Phillips, San Pablo Bay. Sector on VHF-FM channel 16 or at This security zone includes all waters (707) 839–6113 if between 10 p.m. and 6:30 extending from the surface to the sea a.m. floor within approximately 100 yards of (e) Enforcement. Acting as a rep- the Conoco-Phillips Wharf, Rodeo, CA, resentative of the Captain of the Port, and encompasses all waters in San the Humboldt Bay Sector Commander Pablo Bay within a line connecting the will enforce this regulation and has the following geographical positions— authority to take steps necessary to ensure the safe transit of vessels in Latitude Longitude Humboldt Bay. The Sector Commander 38°03′06.0″ N 122°15′32.4″ W can enlist the aid and cooperation of 38°03′20.7″ N 122°15′35.8″ W any Federal, State, county, and munic- 38°03′21.8″ N 122°15′29.8″ W 38°03′29.1″ N 122°15′31.8″ W ipal agency to assist in the enforce- 38°03′23.8″ N 122°15′55.8″ W ment of the regulation. All persons and 38°03′16.8″ N 122°15′53.2″ W vessels shall comply with the instruc- 38°03′18.6″ N 122°15′45.2″ W ° ′ ″ ° ′ ″ tions of the Sector Commander or the 38 03 04.0 N 122 15 42.0 W designated on-scene patrol personnel. Patrol personnel comprise commis- and along the shoreline back to the be- sioned, warrant, and petty officers of ginning point. the Coast Guard onboard Coast Guard, (3) Shell Terminal, Carquinez Strait. Coast Guard Auxiliary, local, State, This security zone includes all waters and Federal law enforcement vessels. extending from the surface to the sea Upon being hailed by U.S. Coast floor within approximately 100 yards of Guard patrol personnel by siren, radio, the Shell Terminal, Martinez, CA, and flashing light, or other means, the op- encompasses all waters in San Pablo erator of a vessel shall proceed as di- Bay within a line connecting the fol- rected. lowing geographical positions— [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] Latitude Longitude 38°01′39.8″ N 122°07′40.3″ W § 165.1197 Security Zones; San Fran- 38°01′54.0″ N 122°07′43.0″ W cisco Bay, San Pablo Bay, 38°01′56.9″ N 122°07′37.9″ W Carquinez Strait, Suisun Bay, Cali- 38°02′02.7″ N 122°07′42.6″ W fornia. 38°01′49.5″ N 122°08′08.7″ W 38°01′43.7″ N 122°08′04.2″ W (a) Locations. The following areas are 38°01′50.1″ N 122°07′50.5″ W security zones: 38°01′36.3″ N 122°07′47.6″ W (1) Chevron Long Wharf, San Francisco Bay. This security zone includes all and along the shoreline back to the be- waters extending from the surface to ginning point. the sea floor within approximately 100 (4) Amorco Pier, Carquinez Strait. This yards of the Chevron Long Wharf, security zone includes all waters ex- Richmond, CA, and encompasses all tending from the surface to the sea waters in San Francisco Bay within a floor within approximately 100 yards of line connecting the following geo- the Amorco Pier, Martinez, CA, and en- graphical positions— compasses all waters in the Carquinez Strait within a line connecting the fol- Latitude Longitude lowing geographical positions— 37°55′52.2″ N 122°24′04.7″ W 37°55′41.8″ N 122°24′07.1″ W Latitude Longitude 37°55′26.8″ N 122°24′35.9″ W 37°55′47.1″ N 122°24′55.5″ W 38°02′03.1″ N 122°07′11.9″ W 37°55′42.9″ N 122°25′03.5″ W 38°02′05.6″ N 122°07′18.9″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′07.9″ N 122°07′14.9″ W 37°55′14.4″ N 122°24′27.5″ W 38°02′13.0″ N 122°07′19.4″ W 37°55′19.7″ N 122°24′23.7″ W 38°02′05.7″ N 122°07′35.9″ W 37°55′22.2″ N 122°24′26.2″ W 38°02′00.5″ N 122°07′31.1″ W 37°55′38.5″ N 122°23′56.9″ W 38°02′01.8″ N 122°07′27.3″ W 37°55′47.8″ N 122°23′53.3″ W 38°01′55.0″ N 122°07′11.0″ W

and along the shoreline back to the be- and along the shoreline back to the beginning point. ginning point.

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(5) Valero, Carquinez Strait. This secu- federal, state and local law enforce- rity zone includes all waters extending ment as necessary. from the surface to the sea floor within approximately 100 yards of the Valero [COTP San Francisco Bay 05–007, 71 FR 12138, Mar. 9, 2006] Pier, Benicia, CA, and encompasses all waters in the Carquinez Strait within a § 165.1199 Security Zones; Military line connecting the following geo- Ocean Terminal Concord (MOTCO), graphical positions— Concord, California.

Latitude Longitude (a) Location. The security zone(s) encompass the navigable waters of 38°02′37.6″ N 122°07′51.5″ W Suisun Bay, California, extending from 38°02′34.7″ N 122°07′48.9″ W 38°02′44.1″ N 122°07′34.9″ W the surface to the sea floor, within 500 38°02′48.0″ N 122°07′37.9″ W yards of the three Military Ocean Ter- 38°02′47.7″ N 122°07′42.1″ W minal Concord (MOTCO) piers in Con- cord, California. and along the shoreline back to the be- (b) Regulations. (1) The Captain of the ginning point. Port (COTP) San Francisco Bay will (6) Avon Pier, Suisun Bay. This secu- enforce the security zone(s) established rity zone includes all waters extending by this section during military onload from the surface to the sea floor within or offload operations only upon notice. approximately 100 yards of the Avon Upon notice of enforcement by the Pier, Martinez, CA, and encompasses COTP, entering, transiting through or all waters in Suisun Bay within a line anchoring in the zone(s) is prohibited connecting the following geographical unless authorized by the COTP or his positions— designated representative. Upon notice of suspension of enforcement by the Latitude Longitude COTP, all persons and vessels are 38°02′24.6″ N 122°04′52.9″ W granted general permissions to enter, 38°02′54.0″ N 122°05′19.5″ W transit, and exit the security zone(s). 38°02′55.8″ N 122°05′16.1″ W (2) If more than 1 pier is involved in 38°03′02.1″ N 122°05′19.4″ W 38°02′55.1″ N 122°05′42.6″ W onload or offload operations at the 38°02′48.8″ N 122°05′39.2″ W same time, the 500-yard security zone 38°02′52.4″ N 122°05′27.7″ W for each involved pier will be enforced. 38°02′46.5″ N 122°05′22.4″ W (3) Persons desiring to transit the area of a security zone may contact the and along the shoreline back to the be- Patrol Commander on scene on VHF- ginning point. FM channel 13 or 16 or the COTP at (b) Regulations. (1) In accordance with telephone number 415–399–3547 to seek the general regulations in § 165.33, permission to transit the area. If per- entry into the security zones described mission is granted, all persons and ves- in paragraph (a) of this section is pro- sels must comply with the instructions hibited, unless specifically authorized of the COTP or his designated rep- by the Captain of the Port San Fran- resentative. cisco Bay, or his designated representa- (c) Enforcement. All persons and ves- tive. sels must comply with the instructions (2) Persons desiring to transit the of the Coast Guard Captain of the Port area of a security zone may contact the or the designated on-scene patrol per- Captain of the Port at telephone num- sonnel. Patrol personnel comprise com- ber 415–399–3547 or on VHF-FM channel missioned, warrant, and petty officers 16 (156.8 MHz) to seek permission to of the Coast Guard onboard Coast transit the area. If permission is grant- Guard, Coast Guard Auxiliary, local, ed, all persons and vessels must comply state, and federal law enforcement ves- with the instructions of the Captain of sels. The U.S. Coast Guard may be as- the Port or his designated representa- sisted in the patrol and enforcement of tive. the security zones by local law enforce- (c) Enforcement. The U.S. Coast Guard ment and the MOTCO police as nec- may be assisted in the patrol and en- essary. Upon being hailed by U.S. Coast forcement of these security zones by Guard patrol personnel by siren, radio,

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flashing light, or other means, the op- (c) Regulations. In accordance with erator of a vessel must proceed as di- the general regulations in 33 CFR Part rected. 165, subpart C, no person may enter or (d) Notice of enforcement or suspension remain in the safety zones created in of enforcement of security zone(s). The this section or bring, cause to be COTP San Francisco Bay will cause no- brought, or allow to remain in the safe- tification of enforcement of the secu- ty zones created in this section any ve- rity zone(s) to be made by issuing a hicle, vessel, or object unless author- Local Notice to Mariners and a Broad- ized by the Captain of the Port Colum- cast Notice to Mariners to inform the bia River or his designated representa- affected segments of the public. During tive. The Captain of the Port Columbia periods that the security zone(s) are River may be assisted by other federal, being enforced, Coast Guard patrol per- state, or local agencies with the en- sonnel will notify mariners to keep out forcement of the safety zones. of the security zone(s) as they ap- (d) Enforcement Period. The safety proach the area. In addition, Coast zones created by this section will be in Guard Sector San Francisco Bay main- effect from 11 a.m. on July 1, 2012 tains a telephone line that is main- through 11:00 p.m. on January 31, 2015. tained 24 hours a day, 7 days a week. The public can contact Sector San EFFECTIVE DATE NOTE: By USCG–2012–0131, 77 FR 38725, June 29, 2012, temporary Francisco Bay at (415) 399–3530 to ob- § 165.T13–207 was added, effective from July 1, tain information concerning enforce- 2012 until Jan. 31, 2015. ment of this rule. When the security zone(s) are no longer needed, the COTP § 165.T13–209 Safety Zones; TriMet will cease enforcement of the security Bridge Project, Willamette River; zone(s) and issue a Broadcast Notice to Portland, OR. Mariners to notify the public. Upon no- (a) Location. The following are safety tice of suspension of enforcement, all zones: All waters within 100 feet of persons and vessels are granted general work trestles, in all directions, and permissions to enter, move within and within 140 feet, in all directions, of the exit the security zone(s). TriMet bridge construction cranes. [COTP San Francisco Bay 04–007, 70 FR 3301, (b) Regulation. In accordance with the Jan. 24, 2005] general regulations in 33 CFR Part 165, Subpart C, no vessel operator may THIRTEENTH COAST GUARD DISTRICT enter or remain in the safety zones without the permission of the Captain § 165.T13–207 Safety Zones; Sellwood of the Port or Designated Representa- Bridge project, Willamette River; tive. The Captain of the Port may be Portland, OR. assisted by other Federal, state, or (a) Location. The safety zone on the local agencies with the enforcement of western river bank encompasses all the safety zones. waters of the Willamette River within (c) Authorization. All vessel operators the following four points: who desire to enter the safety zones must obtain permission from the Cap- 45–27′53.5″ N 122–40′03.5″ W tain of the Port or Designated Rep- 45–27′53.5″ N 122–39′58.5″ W resentative by contacting the on-scene 45–27′49.5″ N 122–39′58.5″ W patrol craft. Vessel operators granted permission to enter the zones will be 45–27′49.5″ N 122–40′04.5″ W escorted by the on-scene patrol craft (b) The safety zone on the eastern until they are outside of the safety river bank encompasses all waters of zones. the Willamette River within the fol- (d) Enforcement period. The safety lowing four points: zones detailed in paragraph (a) of this section will be enforced from 12:01 a.m. 45–27′53.5″ N 122–39′50.5″ W on July 1, 2011 through 11:59 p.m. on 45–27′53.5″ N 122–39′55.0″ W October 30, 2014. 45–27′49.5″ N 122–39′55.0″ W EFFECTIVE DATE NOTE: By USCG–2011–1173, 45–27′49.5″ N 122–39′47.0″ W 77 FR 25082, Apr. 27, 2012, temporary § 165.T13–

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209 was added, effective from Apr. 27, 2012 is necessary. Vessel operators granted until Oct. 31, 2014. permission to enter the safety zone will be escorted by the on-scene Coast § 165.T13–221 Safety Zone; Arctic Drill- Guard patrol craft until they are out- ing and Support Vessels, Puget Sound, Washington. side of the safety zone. (d) Enforcement period. This rule will (a) Location. The following area is a be enforced through August 1, 2012, un- safety zone: All waters encompassed less cancelled sooner by the Captain of within 500 yards of the following ves- the Port. sels: NOBLE DISCOVERER, KULLUK, NORTICA, FENNICA, TOISA DAUNT- EFFECTIVE DATE NOTE: By USCG–2012–0508, LESS, TOR VIKING II, HARVEY EX- 77 FR 37603, June 22, 2012, temporary PLORER, HARVEY SPIRIT, HARVY § 165.T13–221 was added, effective from June SISUAQ, AIVIQ, NANUQ, GUARDS- 22, 2012 through Aug. 1, 2012. MAN, KALMATH, ARTIC CHAL- § 165.1301 Puget Sound and Adjacent LENGER, TUUQ, LAUREN FOSS, Waters in Northwestern Wash- CORBIN FOSS, ARCTIC ENDEAVOR, ington—Regulated Navigation Area. and POINT OLIKTOK, to include the The following is a regulated naviga- lead towing vessels and assist tugs, and associated towing gear, including the tion area—All of the following north- towline, while these vessels are western Washington waters under the transiting in the Sector Puget Sound jurisdiction of the Captain of the Port, Captain Of The Port (COTP) Zone as Puget Sound: Puget Sound, Hood defined in 33 CFR 3.65–10. Canal, Possession Sound, Elliott Bay, (b) Regulations. In accordance with Commencement Bay, the San Juan Ar- the general regulations in 33 CFR part chipelago, Rosario Strait, Guemes 165, subpart C, no person may enter or Channel, Bellingham Bay, U.S. waters remain in the safety zone created in of the Strait of the Strait of Juan de this rule unless authorized by the Fuca, Haro Strait, Boundary Pass, and COTP or his Designated Representa- Georgia Strait, and all lesser bays and tive. A ‘‘designated representative’’ is harbors adjacent to the above. any Coast Guard commissioned, war- (a) Definitions as used in this sec- rant or petty officer of the U.S. Coast tion: Guard who has been designated by the (1) Vessels engaged in fishing are as COTP to act on his or her behalf. The identified in the definition found in COTP has granted general permission Rule 3 of the International Regulations for persons or vessels to enter the for Prevention of Collisions at Sea, outer 400 yards of the safety zone, aft 1972, (72 COLREGS), found in appendix of the pilot house of the vessel or lead A, part 81 of this chapter. towing vessels, as applicable, as long as (2) Hazardous levels of vessel traffic those vessels within the outer 400 yards congestion are as defined at the time by of the safety zone operate at the min- Puget Sound Vessel Traffic Service. imum speed necessary to maintain (b) Nothing in this section shall be course unless required to maintain construed as relieving any party from speed by the navigation rules. The their responsibility to comply with ap- COTP may be assisted by other federal, plicable rules set forth in the 72 state, or local agencies with the en- COLREGS. forcement of the safety zone. (c) General Regulations: The provi- (c) Authorization. All vessel operators sions of this paragraph apply at all who desire to enter the inner 100 yards times. of the safety zone or transit the outer (1) Vessels engaged in fishing or 400 yards at greater than minimum other operations—that are distinct speed necessary to maintain course un- from vessels following a TSS or a con- less required to maintain speed by the necting precautionary area east of New navigation rules must obtain permis- Dungeness and which are not required sion from the COTP or a Designated by the Bridge to Bridge Radiotelephone Representative by contacting the on- Regulations to maintain a listening scene Coast Guard patrol craft on VHF watch, are highly encouraged to main- 13 or Ch 16. Requests must include the tain a listening watch on the Puget reason why movement within this area Sound Vessel Traffic Service (PSVTS)

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VHF-FM radio frequency for the area Dungeness when a vessel following a in which the vessel is operating. A safe TSS approaches. Such vessels not fol- alternative to the radio listening lowing a TSS or a connecting pre- watch is to stay clear of the TSS and cautionary area shall draw in their connecting precautionary area. gear, maneuver, or otherwise clear (2) Vessels engaged in gill net fishing these areas so that their action is com- at any time between sunset and sunrise plete at least fifteen minutes before in any of the waters defining the regu- the arrival of a vessel following the lated navigation are of this section TSS. Vessels which are required by this shall, in addition to the navigation paragraph to remain clear of a con- lights and shapes required by Part 81 of necting precautionary area east of New this title (72 COLREGS), display at the Dungeness or a traffic lane must also end of the net most distant from the remain clear of the adjacent separation vessel on all-round (32-point) white zone when in a TSS east of New Dunge- light visible for a minimum of two nau- ness. tical miles and displayed from at least three feet above the surface of the (2) A vessel following the TSS may water. not exceed a speed of 11 knots through (3) Vessels engaged in fishing, includ- the water. ing gillnet and purse seine fishing, are (3) Vessels engaged in fishing, includ- prohibited in the following Prohibited ing gillnet and purse seine fishing, are Fishing Area: The Hood Canal Bridge, prohibited in the following Prohibited to include the waters within a one-half Fishing Area: Edmonds/Kingston ferry nautical mile radius of the center of crossing lanes, to include the waters the main ship channel draw span dur- within one-quarter nautical mile on ei- ing the immediate approach and tran- ther side of a straight line connecting sit of the draw by public vessels of the the Edmonds and Kingston ferry land- United States. ings during the hours that the ferry is (4) East of New Dungeness, vessels operating. engaged in fishing in a traffic lane or (e) Authorization to deviate from connecting precautionary area shall this section. tend nets or other gear placed in the (1) Commander, Thirteenth Coast water so as to facilitate the movement Guard District may, upon written re- of the vessel or gear from the traffic quest, issue an authorization to deviate lane or precautionary area upon the from this section if the proposed devi- approach of a vessel following the TSS. ation provides a level of safety equiva- (d) Congested Regulations: The provi- lent to or beyond that provided by the sions under this paragraph apply only required procedure. An application for when imposed in specific locations by authorization must state the need for Puget Sound Vessel Traffic Service. the deviation and describe the proposed They are intended to enhance vessel alternative operation. traffic safety during periods and in locations where hazardous levels of ves- (2) PSVTS may, upon verbal request, sel traffic congestion are deemed to authorize a deviation from this section exist by Puget Sound Vessel Traffic for a voyage, or part of a voyage, if the Service. Operations potentially cre- proposed deviation provides a level of ating vessel traffic congestion include, safety equivalent to or beyond that but are not limited to, vessels engaged provided by the required procedure. in fishing, including gillnet or purse The deviation request must be made seine, recreational fishing derbies, re- well in advance to allow the requesting gattas, or permitted marine events. vessel and the Vessel Traffic Center (1) Vessels engaged in fishing or (VTC) sufficient time to assess the other operations—that are distinct safety of the proposed deviation. Dis- from vessels following a Traffic Sepa- cussions between the requesting vessel ration Scheme (TSS) or a connecting and the VTC should include, but are precautionary area east of New Dunge- not limited to, information on vessel ness, may not remain in, nor their gear handling characteristics, traffic den- remain in, a traffic lane or a con- sity, radar contracts, and environ- necting precautionary area east of New mental conditions.

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(3) In an emergency, the master, exemption shall state the date(s) on pilot, or person directing the move- which it is effective and may contain ment of the vessel following the TSS any further restrictions on vessel oper- may deviate from this section to the ations within the security zone as have extent necessary to avoid endangering been previously agreed upon by the persons, property, or the environment, Captain of the Port and Commanding and shall report the deviation to the Officer, Naval Submarine Base Bangor. VTC as soon as possible. The certificate of exemption shall be [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] maintained on board the exempted vessel so long as such vessel is operating § 165.1302 Bangor Naval Submarine in the security zone. Base, Bangor, WA. (2) Any vessel authorized to enter or (a) Location. The following is a secu- remain in the security zone may an- rity zone: The waters of the Hood chor in the security zone anchorage. Canal encompassed by a line com- (3) Other vessels desiring access to mencing on the east shore of Hood this zone shall secure permission from Canal at latitude 47°43′17″ N., longitude the Captain of the Port through the Se- 122°44′44″ W., thence to latitude 47°43′32″ curity Office of the Naval Submarine N., longitude 122°44′40″ W.; thence to Base Bangor. The request shall be for- latitude 47°43′50″ N., longitude 122°44′40″ warded in a timely manner to the Cap- W.; thence to latitude 47°44′24″ N., lon- tain of the Port by the appropriate gitude 122°44′22″ W.; thence to latitude Navy official. 47°45′47″ N., longitude 122°43′22″ W.; (d) Enforcement. The U.S. Coast thence to latitude 47°46′23″ N., lon- Guard may be assisted in the patrol gitude 122°42′42″ W.; thence to latitude and monitoring of this security zone by 47°46′23″ N., longitude 122°42′20″ W.; the U.S. Navy. thence to latitude 47°46′20″ N., longitude 122°42′12″ W.: thence southerly [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] along the shoreline to the point of be- § 165.1303 Puget Sound and adjacent ginning. waters, WA—regulated navigation (b) Security zone anchorage. The fol- area. lowing is a security zone anchorage: Area No. 2. Waters of Hood Canal with- (a) The following is a regulated navi- in a circle of 1,000 yards diameter cen- gation area: the waters of the United tered on a point located at latitude States east of a line extending from 47°46′26″ N., longitude 122°42′49″ W. Discovery Island Light to New Dunge- (c) Special Regulations. (1) Section ness Light and all points in the Puget 165.33 paragraphs, (a), (e), and (f) do not Sound area north and south of these apply to the following vessels or indi- lights. viduals on board those vessels: (b) Regulations. (1) Tank vessel navi- (i) Public vessels of the United gation restrictions: Tank vessels larger States, other than United States Naval than 125,000 deadweight tons bound for vessels. a port or place in the United States (ii) Vessels that are performing work may not operate in the regulated navi- at Naval Submarine Base Bangor pur- gation area. suant to a contract with the United (2) Commander, Thirteenth Coast States Navy which requires their pres- Guard District may, upon written re- ence in the security zone. quest, issue an authorization to deviate (iii) Any other vessels or class of ves- from paragraph (b)(1) of this section if sels mutually agreed upon in advance it is determined that such deviation by the Captain of the Port and Com- provides an adequate level of safety. manding Officer, Naval Submarine Any application for authorization must Base Bangor. Vessels operating in the state the need and fully describe the security zone under this exemption proposed procedure. must have previously obtained a copy (c) Precautionary Area Regulations. (1) of a certificate of exemption permit- A vessel in a precautionary area which 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

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‘‘RB’’ (a circular area of 2,500 yards ra- (b) Effective dates. This section is ef- dius centered at 48–26′24″ N., 122–45′12″ fective annually on July the fourth W.), must keep the center of the pre- from 2 p.m. to 12:30 a.m. July the fifth cautionary area to port. unless otherwise specified by FEDERAL REGISTER notice. NOTE: The center of precautionary area (c) Regulation. In accordance with the ‘‘RB’’ is not marked by a buoy. general regulations in § 165.23 of this (2) The Puget Sound Vessel Traffic part, entry into this safety zone is pro- Service (PSVTS) may, upon verbal re- hibited unless authorized by the Cap- quest, authorize a onetime deviation tain of the Port, Puget Sound, Seattle, from paragraph (c)(1) of this section for WA. a voyage, or part of a voyage, if the [CGD13–95–009, 60 FR 61481, Nov. 30, 1995, as proposed deviation provides a level of amended by USCG–2011–0197, 76 FR 31855, safety equivalent to or beyond that June 2, 2011] provided by the required procedure. The deviation request must be made § 165.1307 Elliott Bay, Seattle, WA. well in advance to allow the requesting (a) Location. The following area is a vessel and the Vessel Traffic Center safety zone: All portions of Elliott Bay (VTC) sufficient time to assess the bounded by the following coordinates: safety of the proposed deviation. Dis- Latitude 47°37′22″ N, Longitude cussions between the requesting vessel 122°22′06″ W; thence to Latitude 47°37′06″ and the VTC should include, but are N, Longitude 122°21′45″ W; thence to not limited to, information on the ves- Latitude 47°36′54″ N, Longitude sel handling characteristics, traffic 122°22′05″ W; thence to Latitude 47°37′08″ density, radar contacts, and environ- N, Longitude 122°22′27″ W; thence re- mental conditions. turning to the origin. This safety zone (3) In an emergency, the master, resembles a square centered around the pilot, or person directing the move- barge from which the fireworks will be ment of the vessel may deviate from launched and begins 100 yards from the paragraph (c)(1) of this section to the shoreline of Myrtle Edwards Park. extent necessary to avoid endangering Floating markers will be placed by the persons, property, or the environment, sponsor of the fireworks display to de- and shall report the deviation to the lineate the boundaries of the safety 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. (c) Regulation. In accordance with the § 165.1305 Commencement Bay, Ta- general regulations in § 165.23 of this coma, WA. part, entry into this safety zone is pro- (a) Location. The following area is a hibited unless authorized by the Cap- safety zone for the Tacoma Freedom tain of the Port, puget sound, Seattle, Fair Air Show: All portions of Com- WA. mencement Bay bounded by the fol- [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as lowing coordinates: Latitude 47°17′38″ amended by CGD13–97–015, 62 FR 39445, July N, Longitude 122°28′43 W; thence south 23, 1997] easterly to Latitude 47°17′4″ N, Lon- gitude 122°27′32″ W; thence south west- § 165.1308 Columbia River, Vancouver, erly to Latitude 47°16′35″ N, Longitude WA. 122°28′1″ W; thence north westerly along (a) Location. The following area is a the shoreline to Latitude 47°17′10″ N, safety zone: All waters of the Columbia Longitude 122°29′14″ W; thence return- River at Vancouver, Washington, ing to the origin. This safety zone re- bounded by a line commencing at the sembles a rectangle protruding from northern base of the Interstate 5 high- the shoreline along Ruston Way. Float- way bridge at latitude 45°37′17″ N, lon- ing markers will be placed by the spon- gitude 122°40′22″ W; thence south along sor of the event to delineate the bound- the Interstate 5 highway bridge to lati- aries of the safety zone. tude 45°37′03″ N, longitude 122°40′32″ W;

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thence to latitude 45°36′28″ N, longitude dial design, remedial action, habitat 122°38′35″ W; thence to Ryan’s Point at mitigation, or monitoring activities latitude 45°36′42″ N, longitude 122°38′35″ associated with the Wyckoff/Eagle Har- W; thence along the Washington shore- bor Superfund Site are excluded from line to the point of origin. [Datum: the waiver requirement. USEPA is re- NAD 83]. quired, however, to alert the Coast (b) Effective dates. This section is ef- Guard in advance concerning any of fective annually on July fourth from 9 the above-mentioned activities that p.m. to 11 p.m. (PDT) unless otherwise may, or will, take place in the Regu- specified by FEDERAL REGISTER notice. lated Area. (c) Regulation. In accordance with the general regulations in § 165.23 of this [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] part, entry into this safety zone is prohibited unless authorized by the Cap- § 165.1310 Strait of Juan de Fuca and tain of the Port Columbia River. adjacent coastal waters of North- west Washington; Makah Whale [CGD13–95–055, 61 FR 18949, Apr. 30, 1996, as Hunting—Regulated Navigation amended by USCG–2010–0351, 75 FR 48565, Area. Aug. 11, 2010] (a) The following area is a Regulated ° ′ § 165.1309 Eagle Harbor, Bainbridge Navigation Area (RNA): From 48 02.25 Island, WA. N, 124°42.1′ W northward along the mainland shoreline of Washington (a) Regulated area. A regulated navi- State to Cape Flattery and thence gation area is established on that 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; ° ′ thence to 47°37′11″ N, 122°30′36″ W; W; thence due north to 48 24.55 N, ° ′ ″ ° ′ ″ 124°34′ W; thence northwesterly to thence to 47 37 25 N, 122 30 17 W; ° ′ ° ′ thence to 47°37′24″ N, 122°30′02″ W; 48 27.1 N, 124 41.7 W; thence due west ° ′ ° ′ thence to 47°37′16″ N, 122°29′55″ W; to 48 27.1 N, 124 45.5 W; thence south- ° ′ ° ′ thence to 47°37′03″ N, 122°30′027sec; W; westerly to 48 20.55 N, 124 51.05 W, ° ′ thence returning along the shoreline to thence west south west to 48 18.0 N ° ′ ° ′ point of origin. [Datum NAD 1983]. 124 59.0 W, thence due south to 48 02.25 ° ′ (b) Regulations. All vessels and per- N, 124 59.0 W) thence due east back to ° ′ sons are prohibited from anchoring, the shoreline of Washington at 48 02.25 ° ′ dredging, laying cable, dragging, N, 124 42.1 W. Datum: NAD 1983. seining, bottom fishing, conducting (b) During a whale hunt, while the salvage operations, or any other activ- international numeral pennant five (5) ity which could potentially disturb the is flown by a Makah whale hunt vessel, seabed in the designated area. Vessels the following area within the RNA is a may otherwise transit or navigate Moving Exclusion Zone: The column of within this area without reservation. water from the surface to the seabed (c) Waiver. The Captain of the Port, with a radius of 500 yards centered on Puget Sound, upon advice from the the Makah whale hunt vessel dis- U.S. EPA Project Manager and the playing international numeral pennant Washington State Department of Nat- five (5). This Moving Exclusionary ural Resources, may, upon written re- Zone is activated only when surface quest, authorize a waiver from this sec- visibility exceeds one nautical mile, tion if it is determined that the pro- between sunrise and sunset, and the posed operation supports USEPA reme- Makah whale hunt vessel displays the dial objectives, or can be performed in international numeral pennant five (5). a manner that ensures the integrity of The Moving Exclusionary Zone is de- the sediment cap. A written request activated upon sunset, visibility is re- must describe the intended operation, duced to less than one nautical mile, or state the need, and describe the pro- when the Makah hunt vessel strikes posed precautionary measures. Re- international numeral pennant five (5). quests should be submitted in trip- (c) Unless otherwise authorized by licate, to facilitate review by U.S. the Commander, Thirteenth Coast EPA, Coast Guard, and Washington Guard District or his or her representa- State Agencies. USEPA managed reme- tive, no person or vessel may enter the

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

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

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(7) Tank ship means a self-propelled in 100 yards of a tank ship in order to tank vessel that is constructed or ensure a safe passage in accordance adapted primarily to carry oil or haz- with the Navigation Rules; ardous material in bulk as cargo or (2) Permit commercial vessels an- cargo residue in the cargo spaces. The chored in a designated anchorage area definition of tank ship does not include to remain at anchor when within 100 tank barges. yards of a passing tank ship; and (8) Washington Law Enforcement Offi- (3) Permit vessels that must transit cer means any General Authority via a navigable channel or waterway to Washington Peace Officer, Limited Au- pass within 100 yards of a moored or thority Washington Peace Officer, or anchored tank ship with minimal delay Specially Commissioned Washington consistent with security. Peace Officer as defined in Revised (i) Exemption. Public vessels as de- Code of Washington section 10.93.020. fined in paragraph (b) of this section (c) Security zone: There is established are exempt from complying with para- a tank ship security zone extending for graphs (c), (d), (f), (g), (h), (j), and (k) of a 500-yard radius around all tank ships this section. located in the navigable waters of the (j) Exception. 33 CFR Part 161 promul- United States in Puget Sound, WA, gates Vessel Traffic Service regula- east of 123 degrees, 30 minutes West tions. Measures or directions issued by Longitude. [Datum: NAD 1983] Vessel Traffic Service Puget Sound (d) Compliance: The tank ship secu- pursuant to 33 CFR Part 161 shall take rity zone established by this section re- precedence over the regulations in this mains in effect around tank ships at all section. times, whether the tank ship is under- (k) Enforcement. Any Coast Guard way, anchored, or moored. Upon notice commissioned, warrant or petty officer of enforcement by the Captain of the may enforce the rules in this section. Port Puget Sound, the Coast Guard In the navigable waters of the United will enforce the tank ship security zone States to which this section applies, in accordance with rules set out in this when immediate action is required and section. Upon notice of suspension of representatives of the Coast Guard are enforcement by the Captain of the Port not present or not present in sufficient Puget Sound, all persons and vessels force to provide effective enforcement are authorized to enter, transit, and of this section in the vicinity of a tank exit the tank ship security zone, con- ship, any Federal Law Enforcement Of- sistent with the Navigation Rules. ficer or Washington Law Enforcement (e) The Navigation Rules shall apply Officer may enforce the rules contained at all times within a tank ship security in this section pursuant to 33 CFR zone. § 6.04–11. In addition, the Captain of the (f) When within a tank ship security Port may be assisted by other federal, zone all vessels shall operate at the state or local agencies in enforcing this minimum speed necessary to maintain section. a safe course and shall proceed as di- [CGD13–02–018, 68 FR 15374, Mar. 31, 2003] rected by the on-scene official patrol or tank ship master. No vessel or person § 165.1314 Safety Zone; Fort Vancouver is allowed within 100 yards of a tank Fireworks Display, Columbia River, ship, unless authorized by the on-scene Vancouver, Washington. official patrol or tank ship master. (a) Location. The following area is a (g) To request authorization to oper- safety zone: All waters of the Columbia ate within 100 yards of a tank ship, River at Vancouver, Washington contact the on-scene official patrol or bounded by a line commencing at the tank ship master on VHF-FM channel northern base of the Interstate 5 high- 16 or 13. way bridge at latitude 45°37″ 16.5′ N, (h) When conditions permit, the on- longitude 122°40″ 22.5′’ W; thence south scene official patrol or tank ship mas- along the Interstate 5 highway bridge ter should: to Hayden Island, Oregon at latitude (1) Permit vessels constrained by 45°36″ 51.5′ N, longitude 122°40″ 39′ W; their navigational draft or restricted in thence east along Hayden Island to their ability to maneuver to pass with- latitude 45°36″ 36′ N, longitude 122°39″

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

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

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at 46°22′34″ N 123°48′33″ W, thence to 8:30 p.m. to approximately 11:30 p.m. 46°11′52″ N 123°48′35″ W, thence to one day during the last week of June or 46°11′52″ N 123°48′19″ W, thence to the the first week of July each year. southern shore of the Columbia River (23) Hood River 4th of July, Hood River, at 46°11′39″ N 123° 48′13″ W. OR: (ii) Enforcement period. This safety (i) Location. All waters of the Colum- zone is in effect from approximately bia River encompassed in a 1000 foot ra- 11:30 p.m. one day during the second dius around position 45°42′58″ N 121° weekend of August each year. 30″31″ W. (19) City of Washougal July 4th Fire- (ii) Enforcement period. This safety works Display, Washougal WA: zone is in effect from 8:30 p.m. to ap- (i) Location. All waters of the Colum- proximately 11:30 p.m. one day during bia River encompassed by lines con- the last week of June or the first week necting the following points in the vi- of July each year. cinity of Washougal, Washington: from (24) Rufus 4th of July Fireworks, Rufus, the northern shore of the Columbia OR: River at 45°33′50″ N 122°20′16″ W, thence (i) Location. All waters of the Colum- to 45°33′42″ N 122°02′29″ W, thence to bia River encompassed in a 500 foot ra- 45°33′53″ N 122°20′39″ W, thence to the dius around position 45°41′30″ N northern shore of the Columbia River 120°45′47″ W. at 45°35′04″ N 122°20′53″ W. (ii) Enforcement period. This safety (ii) Enforcement period. This safety zone is in effect from approximately zone is in effect from approximately 8:30 p.m. to approximately 11:30 p.m. 8:30 p.m. to approximately 11:30 p.m. for one day during the last week of one day during the first week of July June or the first week of July each each year. year. (20) City of St. Helens 4th of July Fire- (b) Regulations. In accordance with works Display, St. Helens, OR: § 165.23 of this part, no person may (i) Location. All waters of the Colum- enter or remain in these safety zones bia River encompassed in a 1200 foot ra- unless authorized by the Captain of the dius around position 45°51′51″ N Port Columbia River or his/her des- 122°47′22″ W. ignated representative. Also in accord- (ii) Enforcement period. This safety ance with § 165.23 of this part, no person zone is in effect from approximately may bring into, cause to be brought 8:30 p.m. to approximately 11:30 p.m. into, or allow to remain in these safety one day during the first week of July zones any vehicle, vessel, or object un- each year. less authorized by the Captain of the (21) Waverly Country Club 4th of July Port Columbia River or his/her des- Fireworks Display, Milwaukie, OR: ignated representative. (i) Location. All waters of the Willam- (c) Notice. In accordance with § 165.7 ette River encompassed by lines con- of this part, notification of the specific necting the following points in the vi- period of enforcement for each of these cinity of Milwaukie, Oregon: from safety zones may be made by marine 45°27′10″ N 122°29′35″ W, thence to broadcast, local notice to mariners, 45°27′12″ N 122°39′25″ W, thence to local news media, distribution in leaf- 45°26′56″ N 122°39′15″ W, thence to let form, on-scene oral notices, and/or 45°26′52″ N 122°39′25″ W. publication in the FEDERAL REGISTER. (ii) Enforcement period. This safety zone is in effect from approximately [CGD01–03–008, 68 FR 32368, May 30, 2003, as amended by CGD13–06–009, 71 FR 30805, May 8:30 p.m. to approximately 11:30 p.m. 31, 2006; USCG–2008–1096, 74 FR 68161, Dec. 23, one day during the first week of July 2009; USCG–2010–0351, 75 FR 48565, Aug. 11, each year. 2010; USCG–2010–0997, 76 FR 18395, Apr. 4, (22) Booming Bay Fireworks, Westport, 2011] WA: (i) Location. All waters of Grays Har- § 165.1316 Safety Zone; Columbia bor encompassed in a 600 foot radius River, Astoria, Oregon. around position 46°54′14″ N 124°06′08″ W. (a) Location. The following area is a (ii) Enforcement period. This safety safety zone: All waters of the Columbia zone is in effect from approximately River at Astoria, Oregon enclosed by

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the following points: North from the warrantless arrests and whose duties Oregon shoreline at 123°49′36″ West to involve the enforcement of criminal 46°11′51″ North thence east to 123°48′53″ laws of the United States. West thence south to the Oregon shore- Large Passenger Vessel means any line and finally westerly along the Or- cruise ship over 100 feet in length car- egon shoreline to the point of origin. rying passengers for hire, and any auto (b) Regulations. In accordance with ferries and passenger ferries over 100 the general regulations in § 165.23 of feet in length carrying passengers for this part, no person or vessel may hire such as the Washington State Fer- enter or remain in this zone unless au- ries, M/V COHO and Alaskan Marine thorized by the Captain or the Port or Highway Ferries. Large Passenger Ves- his designated representatives. sel does not include vessels inspected (c) Authority. In addition to 33 U.S.C. and certificated under 46 CFR, Chapter 1231, the authority for this section includes 33 U.S.C. 1226. I, Subchapter T such as excursion ves- (d) Enforcement period. This section sels, sight seeing vessels, dinner cruise will normally be enforced on the sec- vessels, and whale watching vessels. ond Saturday of August from 9:30 p.m. Large Passenger Vessel Security and (PDT) to 10:30 p.m. (PDT). Announce- Safety Zone is a regulated area of water ment of enforcement periods may be established by this section, sur- made by the methods described in 33 rounding large passenger vessels for a CFR 165.7, or any other reasonable 500-yard radius to provide for the secu- method. rity and safety of these vessels. Navigable waters of the United States [CGD13–03–013, 68 FR 42290, July 17, 2003] means those waters defined as such in § 165.1317 Security and Safety Zone; 33 CFR part 2. Large Passenger Vessel Protection, Navigation Rules means the Naviga- Puget Sound and adjacent waters, tion Rules, International—Inland. Washington. Official Patrol means those persons (a) Notice of enforcement or suspension designated by the Captain of the Port of enforcement. The large passenger ves- to monitor a large passenger vessel se- sel security and safety zone established curity and safety zone, permit entry by this section will be enforced only into the zone, give legally enforceable upon notice by the Captain of the Port orders to persons or vessels within the Puget Sound. Captain of the Port zone and take other actions authorized Puget Sound will cause notice of the by the Captain of the Port. Persons au- enforcement of the large passenger ves- thorized in paragraph (l) to enforce this sel security and safety zone to be made section are designated as the Official by all appropriate means to effect the Patrol. widest publicity among the affected Public vessel means vessels owned, segments of the public including publi- chartered, or operated by the United cation in the FEDERAL REGISTER as States, or by a State or political sub- practicable, in accordance with 33 CFR division thereof. 165.7(a). Such means of notification may also include but are not limited Washington Law Enforcement Officer to, Broadcast Notice to Mariners or means any General Authority Wash- Local Notice to Mariners. The Captain ington Peace Officer, Limited Author- of the Port Puget Sound will issue a ity Washington Peace Officer, or Spe- Broadcast Notice to Mariners and cially Commissioned Washington Peace Local Notice to Mariners notifying the Officer as defined in Revised Code of public when enforcement of the large Washington section 10.93.020. passenger vessel security and safety (c) Security and safety zone. There is zone is suspended. established a large passenger vessel se- (b) Definitions. The following defini- curity and safety zone extending for a tions apply to this section: 500-yard radius around all large pas- Federal Law Enforcement Officer senger vessels located in the navigable means any employee or agent of the waters of the United States in Puget United States government who has the Sound, WA, east of 123°30′ West Lon- authority to carry firearms and make gitude. [Datum: NAD 1983].

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(d) Compliance. The large passenger (i) When a large passenger vessel ap- vessel security and safety zone estab- proaches within 100 yards of any vessel lished by this section remains in effect that is moored or anchored, the sta- around large passenger vessels at all tionary vessel must stay moored or an- times, whether the large passenger ves- chored while it remains within the sel is underway, anchored, or moored. large passenger vessel’s security and Upon notice of enforcement by the Cap- safety zone unless it is either ordered tain of the Port Puget Sound, the by, or given permission by the Captain Coast Guard will enforce the large pas- of the Port Puget Sound, his des- senger vessel security and safety zone ignated representative or the on-scene in accordance with rules set out in this official patrol to do otherwise. section. Upon notice of suspension of (j) Exemption. Public vessels as de- enforcement by the Captain of the Port fined in paragraph (b) of this section Puget Sound, all persons and vessels are exempt from complying with para- are authorized to enter, transit, and graphs (c), (d), (f), (g), (h), and (i), of exit the large passenger vessel security this section. and safety zone, consistent with the Navigation Rules. (k) Exception. 33 CFR part 161 con- (e) The Navigation Rules shall apply tains Vessel Traffic Service regula- at all times within a large passenger tions. When measures or directions vessel security and safety zone. issued by Vessel Traffic Service Puget (f) When within a large passenger Sound pursuant to 33 CFR part 161 also vessel security and safety zone all ves- apply, the measures or directions gov- sels must operate at the minimum ern rather than the regulations in this speed necessary to maintain a safe section. course and must proceed as directed by (l) Enforcement. Any Coast Guard the on-scene official patrol or large commissioned, warrant or petty officer passenger vessel master. No vessel or may enforce the rules in this section. person is allowed within 100 yards of a In the navigable waters of the United large passenger vessel that is underway States to which this section applies, or at anchor, unless authorized by the when immediate action is required and on-scene official patrol or large pas- representatives of the Coast Guard are senger vessel master. No vessel or per- not present or not present in sufficient son is allowed within 25 yards of a force to provide effective enforcement large passenger vessel that is moored. of this section in the vicinity of a large (g) To request authorization to oper- passenger vessel, any Federal Law En- ate within 100 yards of a large pas- forcement Officer or Washington Law senger vessel that is underway or at Enforcement Officer may enforce the anchor, contact the on-scene official rules contained in this section pursu- patrol or large passenger vessel master ant to 33 CFR 6.04–11. In addition, the on VHF-FM channel 16 or 13. Captain of the Port may be assisted by (h) When conditions permit, the on- other federal, state or local agencies in scene official patrol or large passenger enforcing this section. vessel master should: (m) Waiver. The Captain of the Port (1) Permit vessels constrained by Puget Sound may waive any of the re- their navigational draft or restricted in quirements of this section for any ves- their ability to maneuver to pass with- sel or class of vessels upon finding that in 100 yards of a large passenger vessel a vessel or class of vessels, operational in order to ensure a safe passage in ac- conditions or other circumstances are cordance with the Navigation Rules; such that application of this section is and unnecessary or impractical for the pur- (2) Permit vessels that must transit pose of port security, safety or environ- via a navigable channel or waterway to mental safety. pass within 100 yards of an anchored large passenger vessel or within 25 [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR yards of a moored large passenger ves- 4245, Jan. 29, 2004] sel with minimal delay consistent with security.

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

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the minimum speed necessary to main- representatives of the Coast Guard are tain a safe course and shall proceed as not present or not present in sufficient directed by the on-scene official patrol force to provide effective enforcement or large passenger vessel master. No of this section in the vicinity of a large vessel or person is allowed within 100 passenger vessel, any Federal Law En- yards of a large passenger vessel that is forcement Officer, Oregon Law En- underway or at anchor, unless author- forcement Officer or Washington Law ized by the on-scene official patrol or Enforcement Officer may enforce the large passenger vessel master. rules contained in this section pursu- (g) Requesting authorization to operate ant to 33 CFR 6.04–11. In addition, the within 100 yards of large passenger vessel. Captain of the Port may be assisted by To request authorization to operate other federal, state or local agencies in within 100 yards of a large passenger enforcing this section. vessel that is underway or at anchor, (l) Waiver. The Captain of the Port contact the on-scene official patrol or Columbia River may waive any of the large passenger vessel master on VHF- requirements of this section for any FM channel 16 or 13. vessel or class of vessels upon finding (h) Maneuver-restricted vessels. When that a vessel or class of vessels, oper- conditions permit, the on-scene official ational conditions or other cir- patrol or large passenger vessel master cumstances are such that application should: of this section is unnecessary or im- (1) Permit vessels constrained by practical for the purpose of port secu- their navigational draft or restricted in rity, safety or environmental safety. their ability to maneuver to pass with- [CGD13–03–022, 68 FR 53679, Sept. 12, 2003, as in 100 yards of a large passenger vessel amended by USCG–2010–0351, 75 FR 48565, in order to ensure a safe passage in ac- Aug. 11, 2010] cordance with the Navigation Rules; and § 165.1319 Safety Zone Regulations, (2) Permit commercial vessels an- Seafair Blue Angels Air Show Per- chored in a designated anchorage area formance, Seattle, WA. to remain at anchor within 100 yards of (a) Enforcement period. This section a passing large passenger vessel; and will be enforced annually during the (3) Permit vessels that must transit last week in July and the first two via a navigable channel or waterway to weeks of August from 8 a.m. until 4 pass within 100 yards of an anchored p.m., each day during the event. The large passenger vessel. event will be one week or less in dura- (i) Stationary vessels. When a large tion. The specific dates during this passenger vessel approaches within 100 time frame will be published in the yards of any vessel that is moored or FEDERAL REGISTER. anchored, the stationary vessel must (b) Location. The following is a safety stay moored or anchored while it re- zone: All waters of Lake Washington, mains with in the large passenger ves- Washington State, enclosed by the fol- sel’s security and safety zone unless it lowing points: Near the termination of is either ordered by, or given permis- Roanoke Way 47°35′44″ N, 122°14′47″ W; sion by the Captain of the Port Colum- thence to 47°35′48″ N, 122°15′45″ W; bia River, his designated representa- thence to 47°36′02.1″ N, 122°15′50.2″ W; tive or the on-scene official patrol to thence to 47°35′56.6″ N, 122°16′29.2″ W; do otherwise. thence to 47°35′42″ N, 122°16′24″ W; (j) Exemption. Public vessels as de- thence to the east side of the entrance fined in paragraph (b) of this section to the west highrise of the Interstate 90 are exempt from complying with para- bridge; thence westerly along the south graphs (c), (d), (f), (g), (h), and (i), of side of the bridge to the shoreline on this section. the western terminus of the bridge; (k) Enforcement. Any Coast Guard thence southerly along the shoreline to commissioned, warrant or petty officer Andrews Bay at 47°33′06″ N, 122°15′32″ W; may enforce the rules in this section. thence northeast along the shoreline of In the navigable waters of the United Bailey Peninsula to its northeast point States to which this section applies, at 47°33′44″ N, 122°15′04″ W; thence eas- when immediate action is required and terly along the east-west line drawn

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tangent to Bailey Peninsula; thence United States government who has the northerly along the shore of Mercer Is- authority to carry firearms and make land to the point of origin. [Datum: warrantless arrests and whose duties NAD 1983] involve the enforcement of criminal (c) Regulations. In accordance with laws of the United States. the general regulations in 33 CFR Part Navigable waters of the United States 165, Subpart C, no person or vessel may means those waters defined as such in enter or remain in the zone except for 33 CFR Part 2. support vessels and support personnel, Public vessel means vessels owned, vessels registered with the event orga- chartered, or operated by the United nizer, or other vessels authorized by States, or by a State or political sub- the Captain of the Port or his des- division thereof. ignated representatives. Vessels and Washington Law Enforcement Officer persons granted authorization to enter means any General Authority Wash- the safety zone shall obey all lawful orders or directions of the Captain of the ington Peace Officer, Limited Author- Port or his designated representatives. ity Washington Peace Officer, or Spe- cially Commissioned Washington Peace [CGD13–04–002, 69 FR 35250, June 24, 2004] Officer as defined in Revised Code of Washington section 10.93.020. § 165.1321 Security Zone; Protection of Military Cargo, Captain of the Port (c) Security zone. The following areas Zone Puget Sound, WA. are security zones: (1) The (a) Notice of enforcement or suspension Blair Waterway Security Zone: of enforcement. The Captain of the Port Security Zone in the Blair Waterway, Puget Sound will enforce the security Commencement Bay, WA, includes all zones established by this section only waters enclosed by a line connecting ° ′ ′′ upon notice. Captain of the Port Puget the following points: 47 16 57 N, ° ′ ′′ Sound will cause notice of the enforce- 122 24 39 W, which is approximately ment of these security zone to be made the beginning of Pier No. 23 (also by all appropriate means to effect the known as the Army pier); then north- ° ′ ′′ ° ′ ′′ widest publicity among the affected westerly to 47 17 05 N, 122 24 52 W, segments of the public including publi- which is the end of the Pier No. 23 cation in the FEDERAL REGISTER as (Army pier); then southwesterly to ° ′ ′′ ° ′ ′′ practicable, in accordance with 33 CFR 47 16 42 N, 122 25 18 W, which is the 165.7(a). Such means of notification approximate location of a private buoy may also include but are not limited on the end of the sewage outfall; then to, Broadcast Notice to Mariners or southeasterly to 47°16′33′′ N, 122°25′04′′ Local Notice to Mariners. The Captain W, which is approximately the north- of the Port Puget Sound will issue a western end of Pier No. 5; then north- Broadcast Notice to Mariners and easterly to the northwestern end of Local Notice to Mariners notifying the Pier No. 1; then southeasterly along public when enforcement of these secu- the shoreline of the Blair Waterway to rity zones is suspended. the Blair Waterway turning basin; then (b) Definitions. The following defini- along the shoreline around the Blair tions apply to this section: Waterway turning basin; then north- Designated Representative means those westerly along the shoreline of the persons designated by the Captain of Blair Waterway to the Commencement the Port to monitor these security Bay Directional Light (light list num- zones, permit entry into these zones, ber 17159); then northeasterly along the give legally enforceable orders to per- shoreline to the point of origin. sons or vessels with in these zones and [Datum: NAD 1983]. take other actions authorized by the (2) Sitcum Waterway Security Zone: Captain of the Port. Persons author- The Security Zone in the Sitcum Wa- ized in paragraph (g) to enforce this terway, Commencement Bay, WA, in- section and Vessel Traffic Service cludes all waters enclosed by a line Puget Sound (VTS) are Designated connecting the following points: Representatives. 47°16′33′′ N, 122°25′04′′ W, which is ap- Federal Law Enforcement Officer proximately the northwestern end of means any employee or agent of the Pier No. 5; then northwesterly to

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47°16′42′′ N, 122°25′18′′ W, which is the ap- Sound, all persons and vessels are au- proximate location of a private buoy thorized to enter, transit, and exit on the end of the sewage outfall; then these security zones. southwesterly to 47°16′23′′ N, 122°25′36′′ (f) Regulations. Under the general reg- W; then southeasterly to 47°16′10′′ N, ulations in 33 CFR part 165 subpart D, 122°25′27′′ W, which is the northwestern this section applies to any vessel or corner of Pier No. 2; then extending person in the navigable waters of the ° ′ ′′ ° ′ ′′ northeasterly to 47 16 13 N, 122 25 13 United States to which this section ap- W; then extending southeasterly along plies. No person or vessel may enter the shoreline of the Sitcum Waterway; the security zones established in this then northeasterly along the shoreline section unless authorized by the Cap- at the terminus of the Sitcum Water- tain of the Port or his designated rep- way and then northwesterly along the shoreline of the Sitcum Waterway; resentatives. Vessels and persons then northeasterly along the shoreline granted permission to enter the secu- of Pier No. 5 to the point of origin. rity zone shall obey all lawful orders or [Datum: NAD 1983]. directions of the Captain of the Port or (3) Budd Inlet Security Zone: The Se- his designated representatives. All ves- curity Zone in Budd Inlet, West Bay, sels shall operate at the minimum Olympia WA includes all waters en- speed necessary to maintain a safe closed by a line connecting the fol- course. lowing points: 47°03′12″ N, 122°54′21″ W, (g) Enforcement. Any Coast Guard which is approximately the north- commissioned, warrant or petty officer western end of the fence line enclosing may enforce the rules in this section. Berth 1 at Port of Olympia; then north- In the navigable waters of the United erly to 47°03′15″ N, 122°54′21″ W, which is States to which this section applies, the approximate 300 feet north along when immediate action is required and the shoreline; then westerly to 47°03′15″ representatives of the Coast Guard are N, 122°54′26″ W; then southerly to not present or not present in sufficient ° ′ ″ ° ′ ″ 47 03 06 N, 122 54 26 W; then southeast- force to provide effective enforcement ° ′ ″ ° ′ ″ erly to 47 03 03 N, 122 54 20 W, which is of this section, any Federal Law En- approximately the end of the T-shaped forcement Officer or Washington Law pier; then north to 47°03′04″ N, Enforcement Officer may enforce the 122°54′19.5″ W, which is approximately rules contained in this section pursu- the southwestern corner of berth 1; ant to 33 CFR 6.04–11. In addition, the then northerly along the shoreline to the point of origin. [Datum: NAD 1983]. Captain of the Port may be assisted by (d) Obtaining permission to enter, move other federal, state or local agencies in within, or exit the security zones. All ves- enforcing this section pursuant to 33 sels must obtain permission from the CFR 6.04–11. COTP or a Designated Representative (h) Exemption. Public vessels as de- to enter, move within, or exit the secu- fined in paragraph (b) of this section rity zones established in this section are exempt from the requirements in when these security zones are enforced. this section. Vessels 20 meters or greater in length (i) Waiver. For any vessel, the Cap- should seek permission from the COTP tain of the Port Puget Sound may or a Designated Representative at least waive any of the requirements of this 4 hours in advance. Vessels less than 20 section, upon finding that operational meters in length should seek permis- conditions or other circumstances are sion at least 1 hour in advance. VTS such that application of this section is Puget Sound may be reached on VHF unnecessary or impractical for the pur- channel 14. pose of port security, safety or environ- (e) Compliance. Upon notice of en- mental safety. forcement by the Captain of the Port Puget Sound, the Coast Guard will en- [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as force these security zones in accord- amended by CGD13–04–040, 69 FR 71711, Dec. ance with rules set out in this section. 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; Upon notice of suspension of enforce- CGD13–05–031, 70 FR 45537, Aug. 8, 2005] ment by the Captain of the Port Puget

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§ 165.1322 Regulated Navigation Area: vessels greater than 30 feet in length Willamette River Portland, Captain are prohibited in the regulated area. of the Port Columbia River Zone. (2) All vessels transiting or accessing (a) Location. The following is a regu- the regulated area shall do so at no lated navigation area (RNA): All wake speed or at the minimum speed waters of the Willamette River encom- necessary to maintain steerage. passed by a line commencing at [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] 45°34′.47″ N, 122°45′28″ W along the shoreline to 45°34′47″ N, 122°45′30″ W thence to § 165.1324 Safety and Security Zone; 45° 34′47″ N, 122°45′30″ W thence to Cruise Ship Protection, Elliott Bay 45°34′48″ N, 122°45′30″ W thence to and Pier-91, Seattle, Washington. 45°34′48″ N, 122°45′30″ W thence to (a) Safety and security zones. (1) The 45°34′48″ N, 122°45′28″ W thence to following area is a safety and security 45°34′47″ N, 122°45′28″ W and back to the zone: All waters within the following point of origin. All coordinates ref- points: a rectangle, starting at 47°37′53″ erence 1983 North American Datum N/122°23′07″ W, thence south to position (NAD 83). 47°37′06″ N/122°23′07″ W, thence east to (b) Regulations. (1) Motoring, anchor- position 47°37′06″ N/122°22′43″ W, thence ing, dragging, dredging, or trawling are north to position 47°37′58″ N/122°22′43″ prohibited in the regulated area. W. This zone will be enforced only dur- (2) All vessels transiting or accessing ing the arrival or departure of Large the regulated area shall do so at a no Passenger Cruise Vessels at Pier 91, Se- wake speed or at the minimum speed attle, Washington. necessary to maintain steerage. (2) The following area is a safety and security zone: All waters within 100 [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] yards of Pier 91, Seattle, Washington, at approximate position 47°37′35″ N/ § 165.1323 Regulated Navigation Area: 122°23′00″ W. This zone will be enforced Willamette River Captain of the only when a Large Passenger Cruise Port Columbia River Zone. Vessel is moored at Pier 91. (a) Location. The following is a regu- (b) Regulations. In accordance with lated navigation area (RNA): All the general regulations in 33 CFR Part waters of the Willamette River encom- 165, Subpart D, no person or vessel may passed by a line commencing at enter or remain in either Safety and 45°34′.33″ N, 122°44′17″ W to 45°34′32″ N, Security Zone except for vessels au- 122°44′18″ W thence to 45°34′35″ N, thorized by the Captain of the Port or 122°44′24″ W thence to 45°34′35″ N, Designated Representatives. 122°44′27″ W thence to 45°34′35″ N, (c) Definitions. The following defini- 122°44′36″ W thence to 45°34′35″ N, tions apply to this section: 122°44′37″ W thence to 45°34′38″ N, Facility Security Officer means the 122°44′42″ W to 45°34′39″ N, 122°44′43″ W person designated as responsible for thence to 45°34′44″ N, 122°44′51″ W thence the development, implementation, re- to 45°34′45″ N, 122°44′53″ W thence to vision and maintenance of the facility 45°34′47’’ N, 122°44′51″ W thence to security plan and for liaison with the 45°34′45″ N, 122°44′46″ W to 45°34′45″ N, COTP and Company and Vessel Secu- 122°44′45″ W thence to 45°34′47″ N, rity Officers. 122°44′43″ W thence to 45°34′46″ N, Large Passenger Cruise Vessel means 122°44′42″ W thence to 45°34′48″ N, any cruise ship over 100 feet in length 122°44′40’’ W thence to 45°34′48″ N, carrying passengers for hire. Large 122°44′38″ W and along the shoreline to Passenger Cruise Vessel does not in- 45°34′46″ N, 122°44′39″ W and back to the clude vessels inspected and certificated 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

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

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N., 123°59′00″ W. thence southward to along the south bank of the entrance 45°37′25″ N., 123°59′00″ W. thence east- channel to the highway bridge thence ward to a point on the shoreline at northward to the north bank at the 45°37′25″ N., 123°56′38″ W. thence north- bridge thence westward along the ward along the shoreline to the north north bank of the entrance channel and end of the south jetty at 45°39′40″ N., northward along the seaward shoreline 123°55′45″ W. thence westward to a point to the beginning. on the shoreline at 45°39′45″ N., (10) Yaquina Bay Bar, Oreg.: From a 123°56′19″ W. thence northward along point on the shoreline at 44°38′11″ N., the shoreline to the beginning. 124°03′47″ W. thence westward to (6) Tillamook Bay Bar, Oreg.: From a 44°38′11″ N., 124°05′55″ W. thence south- point on the shoreline at 45°35′15″ N., ward to 44°35′15″ N., 124°06′05″ W. thence 123°57′05″ W. thence westward 45°35′15″ eastward to a point on the shoreline at N., 124°00′00″ W. thence southward to 44°35′15″ N., 124°04′02″ W. thence north- 45°30′00″ N., 124°00′00″ W. thence eastward along the shoreline and eastward ward to a point on the shoreline at along the south bank of the entrance 45°30′00″ N., 123°57′40″ W. thence north- channel to the highway bridge thence ward along the shoreline to the north northward to the north bank of the en- end of Kincheloe Point at 45°33′30″ N., trance channel at the bridge thence 123°56′05″ W. thence northward to a westward along the north bank of the point on the north shoreline of the har- entrance channel and northward along bor at 45°33′40″ N., 123°55′59″ W. thence the seaway shoreline to the beginning. westward along the north shoreline of (11) Siuslaw River Bar, Oreg.: From a the harbor then northward along the point on the shoreline at 44°02′00″ N., seaward shoreline to the beginning. 124°08′00″ W. thence westward to (7) Netarts Bay Bar, Oreg.: From a 44°02′00″ N., 124°09′30″ W. thence south- point on the shoreline at 45°28′05″ N. ward to 44°00′00″ N., 124°09′30″ W. thence thence westward to 45°28′05″ N., eastward to a point on the shoreline at 124°00′00″ W. thence southward to 44°00′00″ N., 124°08′12″ W. thence north- 45°24′00″ N., 124°00′00″ W. thence eastward along the shoreline and southward to a point on the shoreline at ward along the west bank of the en- 45°24′00″ N., 123°57′45″ W. thence north- trance channel to 44°00′35″ N., 124°07′48″ ward along the shoreline to 45°26′03″ N., W. thence southeastward to a point on 123°57′15″ W. thence eastward to a point the east bank of the entrance channel on the north shoreline of the harbor at at 44°00′20″ N., 124°07′31″ W. thence 45°26′00″ N., 123°56′57″ W. thence north- northward along the east bank of the ward along the shoreline to the begin- entrance channel and northward along ning. the seaward shoreline to the beginning. (8) Siletz Bay Bar, Oreg.: From a (12) Umpqua River Bar, Oreg.: From a point on the shoreline at 44°56′32″ N., point on the shoreline at 43°41′20″ N., 124°01′29″ W. thence westward to 124°11′58″ W. thence westward to 44°56′32″ N., 124°03′00″ W. thence south- 43°41′20″ N., 124°13′32″ W thence southward to 44°54′40″ N., 124°03′15″ W. thence ward to 43°38′35″ N., 124°14′25″ W. thence eastward to a point on the shoreline at eastward to a point on the shoreline at 44°54′40″ N., 124°01′55″ W. thence north- 43°38′35″ N., 124°12′35″ W. thence northward along the shoreline to 44°55′35″ N., ward along the shoreline to the naviga- 124°01′25″ W. thence northward to a tional light ‘‘6’’ located on the jetty at point on the north shoreline of the har- 43°40′11″ N., 124°11′56″ W. thence north- bor at 44°55′45″ N., 124°01′20″ W. thence ward to a point on the north bank of westward and northward along the the entrance channel at 43°40′33″ N., shoreline to the beginning. 124°11′56″ W. thence southwestward (9) Depoe Bay Bar, Oreg.: From a along the north bank of the entrance point on the shoreline at 44°49′15″ N., channel thence northward along the 124°04′00″ W. thence westward to seaward shoreline to the beginning. 44°49′15″ N., 124°04′35″ W. thence south- (13) Coos Bay Bar, Oreg.: From a ward to 44°47′55″ N., 124°04′55″ W. thence point on the shoreline at 43°22′15′ N., eastward to a point on the shoreline at 124°19′34′ W. thence westward to 43°22′20′ 44°47′53″ N., 124°04′25″ W. thence north- N., 124°22′28′ W. thence southwestward ward along the shoreline and eastward to 43°21′00′ N., 124°23′35′ W. thence

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southeastward to a point on the shore- east shoreline of the channel entrance line at 43°20′25′ N., 124°22′28′ W. thence to the highway bridge thence westward northward along the shoreline and to the west shoreline of the channel at eastward along the south shore of the the highway bridge thence southward entrance channel to a point on the along the west shoreline of the channel shoreline at 43°20′52′ N., 124°19′12′ W. thence westward along the seaward thence eastward to a point on the east shoreline to the beginning. shoreline of the harbor at 43°21′00′ N., (b) Definitions. For the purposes of 124°18′50′ W. thence northward to a this section: point on the west shoreline of the har- (1) Bar closure means that the oper- bor at 43°21′45′ N., 124°19′10′ W. thence ation of any vessel within a regulated south and west along the west shore- navigation area established in para- line of the harbor thence northward graph (a) of this section has been pro- along the seaward shoreline to the be- hibited by the Coast Guard. ginning. (2) Bar crossing plan (also known as a (14) Coquille River Bar, Oreg.: From a Go/No-Go plan) means a plan developed point on the shoreline at 43°08′25′ N., by local industry professionals, in co- 124°25′04′ W. thence southwestward to ordination with the Coast Guard, for a 43°07′50′ N., 124°27′05′ W. thence south- bar within a regulated navigation area westward to 43°07′03′ N., 124°28′25′ W. established in paragraph (a) of this sec- thence eastward to a point on the tion and adopted by the master or op- shoreline at 43°06′00′ N., 124°25′55′ W. erator of a small passenger vessel to thence northward along the shoreline guide his vessel’s operations on and in and eastward along the south shoreline the vicinity of that bar. of the channel entrance to 43°07′17′ N., (3) Bar restriction means that oper- 124°25′00′ W. thence northward to the ation of a recreational or uninspected east end of the north jetty at 43°07′24′ passenger vessel within a regulated N., 124°24′59′ W. thence westward along navigation area established in para- the north shoreline of the entrance graph (a) of this section has been pro- channel and northward along the sea- hibited by the Coast Guard. ward shoreline to the beginning. (4) Commercial fishing industry vessel (15) Rogue River Bar, Oreg.: From a means a fishing vessel, fish tender ves- point on the shoreline at 42°26′25′ N., sel, or a fish processing vessel. 124°26′03′ W. thence westward to 42°26′10′ (5) Designated representative means N., 124°27′05′ W. thence southward to any Coast Guard commissioned, war- 42°24′15′ N., 124°27′05′ W. thence east- rant, or petty officer that has been au- ward to a point on the shoreline at thorized by the Captain of the Port to 42°24′15′ N., 124°25′30′ W. thence north- act on his behalf. ward along the shoreline and eastward (6) Fish processing vessel means a ves- along the south shoreline of the en- sel that commercially prepares fish or trance channel to the highway bridge fish products other than by gutting, de- thence northward across the inner har- capitating, gilling, skinning, shucking, bor jetty to a point on the north shore- icing, freezing, or brine chilling. line of the entrance channel at the (7) Fish tender vessel means a vessel highway bridge thence westward along that commercially supplies, stores, re- the north shoreline of the entrance frigerates, or transports fish, fish prod- channel thence northward along the ucts, or materials directly related to seaward shoreline to the beginning. fishing or the preparation of fish to or (16) Chetco River Bar, Oreg.: From a from a fishing, fish processing, or fish point on the shoreline at 42°02′35′ N., tender vessel or a fish processing facil- 124°17′20′ W. thence southeastward to ity. 42°01′45′ N., 124°16′30′ W. thence (8) Fishing vessel means a vessel that northwestward to a point on the shore- commercially engages in the catching, line at 42°02′10′ N., 124°15′35′ W. thence taking, or harvesting of fish or an ac- northwestward along the shoreline tivity that can reasonably be expected thence northward along the east shore- to result in the catching, taking, or line of the channel entrance to 42°02′47′ harvesting of fish. N., 124°16′03′ W. thence northward along (9) Readily accessible means equip- the west face of the inner jetty and ment that is taken out of stowage and

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is available within the same space as will determine whether an unsafe con- any person for immediate use during dition exists for such vessels as defined an emergency. in paragraph (b) of this section. Addi- (10) Recreational vessel is any vessel tionally, the COTP or his designated manufactured or used primarily for representative will use their profes- non-commercial use or leased, rented, sional maritime experience and knowl- or chartered to another for the latter’s edge of local environmental conditions non-commercial use. It does not in- in making their determination. Fac- clude a vessel engaged in carrying pay- tors that will be considered include, ing passengers. but are not limited to: size and type of (11) Small passenger vessel means a vessel, sea state, winds, wave period, vessel inspected under 46 CFR sub- and tidal currents. When a bar is re- chapter T or 46 CFR subchapter K. stricted, the operation of recreational (12) Uninspected passenger vessel and uninspected passenger vessels in means an uninspected vessel— the regulated navigation area estab- (i) Of at least 100 gross tons; lished in paragraph (a) of this section (A) Carrying not more than 12 pas- in which the restricted bar is located is sengers, including at prohibited unless specifically author- least one passenger-for-hire; or ized by the COTP or his designated rep- (B) That is chartered with the crew resentative. provided or specified by the owner or (ii) Bar closure. The bars located in the owner’s representative and car- the regulated navigation areas estab- rying not more than 12 passengers; or lished in paragraph (a) of this section (ii) Of less than 100 gross tons; will be closed to all vessels whenever (A) Carrying not more than six pas- environmental conditions exceed the sengers, including at least one pas- operational limitations of the relevant senger-for-hire; or Coast Guard search and rescue re- (B) That is chartered with the crew sources as determined by the COTP. provided or specified by the owner or When a bar is closed, the operation of the owner’s representative and car- any vessel in the regulated navigation rying not more than six passengers. area established in paragraph (a) of (13) Unsafe condition exists when the this section in which the closed bar is wave height within a regulated naviga- located is prohibited unless specifically tion area identified in paragraph (a) of authorized by the COTP or his des- this section is equal to or greater than ignated representative. For bars having the maximum wave height determined deep draft vessel access, the COTP will by the formula L/10 + F = W where: consult with the local pilots associa- L = Overall length of a vessel measured in tion, when practicable, prior to closing feet in a straight horizontal line along the affected bar. and parallel with the centerline between (iii) The Coast Guard will notify the the intersections of this line with the public of bar restrictions and bar clo- vertical planes of the stem and stern pro- files excluding deckhouses and equip- sures via a Broadcast Notice to Mari- ment. ners on VHF–FM Channel 16 and 22A. F = The minimum freeboard when measured Additionally, Coast Guard personnel in feet from the lowest point along the may be on-scene to advise the public of upper strake edge to the surface of the any bar restrictions and/or closures. water. (2) Safety requirements for recreational W = Maximum wave height in feet to the vessels. The operator of any rec- nearest highest whole number. reational vessel operating in a regu- (c) Regulations—(1)(i) Bar restriction. lated navigation area established in Passage across the bars located in the paragraph (a) of this section shall en- regulated navigation areas established sure that whenever their vessel is being in paragraph (a) of this section will be towed or escorted across a bar by the restricted for recreational and Coast Guard all persons located in any uninspected passenger vessels as deter- unenclosed areas of their vessel are mined by the Captain of the Port wearing lifejackets and that lifejackets (COTP) or his designated representa- are readily accessible for/to all persons tive. In making this determination, the located in any enclosed areas of their COTP or his designated representative vessel.

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

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(C) Number of persons onboard the 30.987″ W thence to 45° 36′ 06.509″ N/122° vessel, and 46′ 31.251″ W thence to 45° 36′ 06.201″ N/ (D) Vessel destination. 122° 46′ 31.517″ W thence to 45° 36′ 06.081″ (6) All persons and vessels within the N/122° 46′ 1.812″ W thence to 45° 36′ regulated navigation areas established 06.550″ N/122° 46′ 32.124″ W thence to 45° in paragraph (a) of this section must 36′ 06.970″ N/122° 46′ 31.895″ W thence to comply with the orders of Coast Guard 45° 36′ 07.172″ N/122° 46′ 31.868″ W thence personnel. Coast Guard personnel in- to 45° 36′ 07.883″ N/122° 46′ 32.316″ W clude commissioned, warrant, and thence to 45° 36′ 08.370″ N/122° 46′ 32.927″ petty officers of the United States W thence to 45° 36′ 08.775″ N/122° 46′ Coast Guard. 33.888″ W thence to 45° 36′ 09.121″ N/122° [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as 46′ 35.337″ W thence to 45° 36′ 09.230″ N/ amended at 75 FR 10688, Mar. 9, 2010; 75 FR 122° 46′ 36.166″ W thence to 45° 36′ 09.442″ 18055, Apr. 9, 2010; 75 FR 41988, July 20, 2010] N/122° 46′ 37.759″ W thence to 45° 36′ ″ ° ′ ″ ° § 165.1326 Regulated Navigation Areas; 09.865 N/122 46 39.511 W thence to 45 Port of Portland Terminal 4, Wil- 36′ 10.421″ N/122° 46′ 39.469″ W thence to lamette River, Portland, OR. 45° 36′ 10.634″ N/122° 46′ 39.056″ W. (a) Regulated navigation areas. Each of (b) Regulations. All vessels are prohib- the following areas is a regulated navi- ited from anchoring, dragging, dredg- gation area: ing, or trawling in the regulated navi- (1) All waters of the Willamette River gation areas established in paragraph in the head of the Port of Portland’s (a) of this section. Terminal 4 Slip 3, encompassed by a [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] line commencing at 45° 36′ 01.861″ N/ ° ′ ″ ° ′ 122 46 20.995 W thence to 45 36 01.455 § 165.1327 Security Zone; escorted U.S. ° ′ ″ ° ′ N/122 46 20.887 W thence to 45 36 Navy submarines in Sector Seattle 00.993″ N/122° 46′ 20.714″ W thence to 45° Captain of the Port Zone. 36′ 00.725″ N/122° 46′ 20.923″ W thence to 45° 36′ 00.731″ N/122° 46′ 21.262″ W thence (a) Location. The following area is a to 45° 36′ 00.712″ N/122° 46′ 21.823″ W security zone: All waters within 1000 thence to 45° 36′ 01.230″ N/122° 46′ 22.048″ yards of any U.S. Navy submarine that W thence to 45° 36′ 01.651″ N/122° 46′ is operating in the Sector Puget Sound 22.168″ W thence to 45° 36′ 01.684″ N/122° Captain of the Port Zone, as defined in 46′ 22.372″ W thence to 45° 36′ 01.873″ N/ 33 CFR Section 3.65–10, and is being es- 122° 46′ 22.303″ W thence to 45° 36′ 02.065″ corted by the Coast Guard. N/122° 46′ 21.799″ W thence to 45° 36′ (b) Regulations. In accordance with 01.989″ N/122° 46′ 21.574″ W thence to 45° the general regulations in 33 CFR Sec- 36′ 01.675″ N/122° 46′ 21.483″ W thence to tion 165, Subpart D, no person or vessel 45° 36′ 01.795″ N/122° 46′ 21.442″ W thence may enter or remain in the security to 45° 36′ 01.861″ N 122° 46′ 20.995″ W. zone created by paragraph (a) of this (2) All waters of the Willamette River section unless authorized by the Coast in Wheeler Bay between Slip 1 and Slip Guard patrol commander. The Coast 3 in the Port of Portland’s Terminal 4, Guard patrol commander will coordi- encompassed by a line commencing at nate with Vessel Traffic System users ° ′ ″ ° ′ ″ 45 36 10.634 N/122 46 39.056 W thence on a case-by-case basis to make appro- to 45° 36′ 10.269″ N/122° 46′ 37.140″ W priate passing arrangements under the thence to 45° 36′ 10.027″ N/122° 46′ 36.050″ circumstances. 33 CFR Section 165, W thence to 45° 36′ 09.722″ N/122° 46′ Subpart D, contains additional provi- 34.181″ W thence to 45° 36′ 09.425″ N/122° 46′ 33.118″ W thence to 45° 36′ 08.960″ N/ sions applicable to the security zone 122° 46′ 32.150″ W thence to 45° 36′ 08.653″ created in paragraph (a) of this section. N/122° 46′ 31.681″ W thence to 45° 36′ (c) Notification. The Coast Guard se- 08.191″ N/122° 46′ 31.341″ W thence to 45° curity escort will attempt, when nec- 36′ 07.886″ N/122° 46′ 31.269″ W thence to essary and practicable, to notify any 45° 36′ 07.517″ N/122° 46′ 31.038″ W thence persons or vessels inside or in the vi- to 45° 36′ 07.235″ N/122° 46′ 31.066″ W cinity of the security zone created in thence to 45° 36′ 07.040″ N/122° 46′ 30.941″ W thence to 45° 36′ 06.697″ N/122° 46′

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paragraph (a) of this section of its ex- (2) All waters of the Thea Foss Wa- istence via VHF Channel 16 and/or any terway bounded by a line connecting other means reasonably available. the following points: Point 1: 47°15′22.74″ N, 122°25′57.15″ W; Point 2: [USCG–2009–1057, 75 FR 28204, May 20, 2010, as 47°15′22.52″ N, 122°26′0.18″ W; Point 3: amended by USCG–2010–0351, 75 FR 47212, ° ′ ″ ° ′ ″ Aug. 5, 2010] 47 15 18.05 N, 122 25 59.48 W; Point 4: 47°15′18.26″ N, 122°25′56.45″ W. [Datum: § 165.1328 Regulated Navigation Area; NAD 1983]. U.S. Navy submarines, Hood Canal, (3) All waters of the Thea Foss and WA. Wheeler-Osgood Waterways south of a line bounded by connecting the fol- (a) Location. The following area is a lowing points: Point 1: 47°15′13.94″ N, regulated navigation area (RNA): All 122°26′05.56″ W; Point 2: 47°15′15.01″ N, waters of the Hood Canal in the State 122°25′55.14″ W. [Datum: NAD 1983]. of Washington whenever any U.S. Navy (b) Regulations. (1) All vessels and submarine is operating in the Hood persons are prohibited from activities Canal and is being escorted by the that would disturb the seabed, such as Coast Guard. For purposes of this sec- anchoring, dragging, trawling, spud- tion, ‘‘Hood Canal’’ means all waters of ding, or other activities that involve Hood Canal, including Dabob Bay, lo- disrupting the integrity of the sedi- cated between two lines with the first ment caps installed in the designated ° ′ line connecting positions 47 37.9 N, regulated navigation area, pursuant to ° ′ ° ′ ° ′ 122 57.1 W and 47 37.9 N, 122 52.9 W and the remediation efforts of the U.S. En- the second line connecting positions vironmental Protection Agency (EPA) ° ′ ° ′ ° ′ 48 00.7 N, 122 41.0 W and 47 56.4 N, and others in the Thea Foss and Wheel- ° ′ 122 36.9 W er-Osgood Waterways EPA superfund (b) Regulations. All persons and ves- cleanup site. Vessels may otherwise sels located within the RNA created by transit or navigate within this area paragraph (a) of this section shall fol- without reservation. low all lawful orders and/or directions (2) The prohibition described in para- given to them by Coast Guard security graph (b)(1) of this section does not escort personnel. 33 CFR Section 165, apply to vessels or persons engaged in Subpart B, contains additional provi- activities associated with remediation sions applicable to the RNA created in efforts in the Thea Foss or Wheeler- paragraph (a) of this section. Osgood Waterways superfund sites, pro- (c) Notification. The Coast Guard se- vided that the Captain of the Port, curity escort will attempt, when nec- Puget Sound (COTP), is given advance essary and practicable, to notify any notice of those activities by the EPA. persons or vessels in the RNA created (c) Waiver. Upon written request stat- in paragraph (a) of this section of its ing the need and proposed conditions of existence via VHF Channel 16 and/or the waiver, and any proposed pre- any other means reasonably available. cautionary measures, the COTP may [USCG–2009–1058, 75 FR 27640, May 18, 2010] authorize a waiver from this section if the COTP determines that the activity § 165.1329 Regulated Navigation Area; for which the waiver is sought can take Thea Foss and Wheeler-Osgood Wa- place without undue risk to the reme- terways EPA Superfund Cleanup diation efforts described in paragraph Site, Commencement Bay, Tacoma, (b)(1) of this section. The COTP will WA. consult with EPA in making this deter- (a) Regulated areas. The following mination when necessary and prac- areas are regulated navigation areas: ticable. (1) All waters of the Thea Foss Wa- [USCG–2008–0747, 75 FR 76281, Dec. 8, 2010] terway bounded by a line connecting the following points: Point 1: § 165.1330 Safety Zone; Fleet Week 47°15′43.49″ N, 122°26′23.29″ W; Point 2: Maritime Festival, Pier 66, Elliott 47°15′44.59″ N, 122°26′19.89″ W; Point 3: Bay, Seattle, Washington. 47°15′39.01″ N, 122°26′15.99″ W; Point 4: (a) Location. The following area is a 47°15′37.91″ N, 122°26′19.39″ W. [Datum: safety zone: All waters extending 100 NAD 1983]. yards from Pier 66, Elliott Bay, WA

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within a box encompassed by the trol craft on VHF Ch 13 or Ch 16, or points, 47°36.719′ N, 122°21.099′ W; Coast Guard Sector Puget Sound Joint 47°36.682′ N, 122°21.149′ W; 47°36.514′ N, Harbor Operations Center (JHOC) via 122°20.865′ W; and 47°36.552′ N, 122°20.814′ telephone at (206) 217–6002. Requests W. shall indicate the reason why move- (b) Regulations. In accordance with ment within the safety zone is nec- the general regulations in 33 CFR Part essary and the vessel’s arrival and/or 165, Subpart C, no vessel operator may departure facility name, pier and/or enter, transit, moor, or anchor within berth. Vessel operators granted permis- this safety zone, except for vessels au- sion to enter this safety zone will be thorized by the Captain of the Port or escorted by the on-scene patrol until Designated Representative, thirty min- no longer within the safety zone. utes prior to the beginning, during and (d) Enforcement period. This rule is en- thirty minutes following the conclu- forced annually during the parade of sion of the Parade of Ships. For the ships which typically occurs on a purpose of this rule, the Parade of Wednesday during the last week of Ships includes both the pass and review July or the first week in August from of the ships near Pier 66 and the aerial 8 a.m. until 8 p.m. unless cancelled demonstrations immediately following sooner by the Captain of the Port. the pass and review. The Captain of the [USCG–2010–0062, 76 FR 30018, May 24, 2011] Port may be assisted by other federal, state, or local agencies as needed. § 165.1332 Safety Zones; annual fire- (c) Authorization. In order to transit work displays within the Captain of through this safety zone, authorization the Port, Puget Sound Area of Re- must be granted by the Captain of the sponsibility. Port, Puget Sound, or their Designated (a) Safety Zones. The following areas Representative. All vessel operators de- are designated safety zones: siring entry into this safety zone shall (1) All waters of Puget Sound, Wash- gain authorization by contacting ei- ington, extending to a 450 yard radius ther the on-scene U.S. Coast Guard pa- from the following launch sites:

CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS

Event name (typically) Event location Latitude Longitude

Steilacoom Annual Fireworks ...... Steilacoom ...... 47° 10.4′ N 122° 36.2′ W Tacoma Freedom Fair ...... Commencement Bay ...... 47° 16.817′ N 122° 27.933′ W City of Anacortes ...... 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° 29.986′ N 122° 11.85′ W Port Orchard Fireworks ...... Port Orchard ...... 47° 32.883′ N 122° 37.917′ W Chimes and Lights ...... Port Orchard ...... 47° 32.75′ N 122° 38.033′ W Seattle Seafair ...... Lake Washington ...... 47° 34.333′ N 122° 16.017′ W Mercer Island Celebration ...... Mercer Island ...... 47° 35.517′ N 122° 13.233′ W Medina Days ...... Medina Park ...... 47° 36.867′ N 122° 14.5′ W Bainbridge Island Fireworks ...... Eagle Harbor ...... 47° 37.267′ N 122° 31.583′ W Whaling Days ...... Dyes Inlet ...... 47° 38.65′ N 122° 41.35′ W Yarrow Point Community ...... Yarrow Point ...... 47° 38.727′ N 122° 13.466′ W City of Kenmore Fireworks ...... Lake Forest Park ...... 47°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° 06.367′ N 119° 47.15′ W Port Angeles ...... Port Angeles Harbor ...... 48° 07.033′ N 123° 24.967′ W Port Townsend Sunrise Rotary ...... Port Townsend ...... 48° 08.067′ N 122° 46.467′ W Friday Harbor Independence ...... Friday Harbor ...... 48°32.255′ N 123°0.654′ W Roche Harbor Fireworks ...... Roche Harbor ...... 48° 36.7′ N 123° 09.5′ W

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

Event name (typically) Event location Latitude Longitude

Deer Harbor Annual Fireworks Display ..... Deer Harbor ...... 48° 37.0′ N 123° 00.25′ W. Orcas Island ...... Orcas Island ...... 48° 41.317′ N 122° 54.467′ W Blast Over Bellingham ...... Bellingham Bay ...... 48° 44.933′ N 122° 29.667′ W True Colors Event ...... Blaine ...... 48° 59.488′ N 122° 46.339′ W John Eddy Wedding ...... Magnolia Bluff ...... 49° 38.988′ N 122° 25.356′ W City of Mount Vernon Fireworks ...... Edgewater Park ...... 48° 25.178′ N 122° 20.424′ W Chase Family Fourth at Lake Union ...... Lake Union ...... 47° 38.418′ N 122° 20.111′ W

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

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Attention: Waterways Management Di- section. Subpart D of 33 CFR part 165 vision, 1519 Alaskan Way South, Se- contains additional provisions applica- attle, WA 98134–1192. ble to a security zone created by this section. [USCG–2010–0063, 75 FR 33700, June 15, 2010, as amended by USCG–2011–0842, 76 FR 61265, Oct. (2) To request permission to enter a 4. 2011] 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′ Guard Sector Puget Sound Joint Har- 02.7″ N 122°22′23.00″ W; thence north to bor Operations Center at 206–217–6001. 47°35′26.00″ N 122°22′23.00″ W; thence east ° ′ ″ ° ′ ″ [USCG–2010–0021, 75 FR 53196, Aug. 31, 2010, as to 47 35 26.00 N 122 21 52.50 W; thence amended at 75 FR 67032, Nov. 1, 2010] south to 47°35′10.80″ N 122°21′52.50″ W; thence southwest to a point on the § 165.1335 Security Zone; Vessels Car- shoreline at 47°35′05.9″ N 122°21′58.00″ W. rying Hazardous Cargo, Sector Co- [Datum: NAD 1983]. lumbia River Captain of the Port (2) All waters inside an area begin- Zone. ning at 47°34′ 52.16″ N 122°21′27.11″ W; (a) Location. The following area is a thence to 47°34′ 53.46″ N 122°21′30.42″ W; security zone: All waters within 500 thence to 47°34′ 37.92″ N 122°21′30.51″ W; yards, in all directions, of any vessel thence to 47°34′ 37.92″ N 122°21′27.65″ W. carrying hazardous cargo, as deter- [Datum: NAD 1983]. mined by the Captain of the Port (b) Regulations. (1) All vessels and (COTP) Columbia River, while such a persons are prohibited from activities vessel is located in the Sector Colum- that would disturb the seabed, such as bia River COTP Zone as defined in 33 anchoring, dragging, trawling, spud- CFR 3.65–15 and the COTP Columbia ding, or other activities that involve River determines that a security zone disrupting the integrity of the sedi- is necessary and enforcement of the se- ment caps installed in the designated curity zone is practicable. regulated navigation area, pursuant to (b) Regulations. (1) In accordance with the remediation efforts of the U.S. En- the general regulations in 33 CFR part vironmental Protection Agency (EPA) 165, Subpart D, no person or vessel may and others in the Pacific Sound Re- enter or remain in a security zone cre- sources and Lockheed Shipyard EPA ated by this section without the per- superfund sites. Vessels may otherwise mission of the COTP Columbia River or transit or navigate within this area his/her designated representative. Des- without reservation. ignated representatives are Coast (2) The prohibition described in para- Guard personnel authorized by the graph (b)(1) of this section does not COTP Columbia River to grant persons apply to vessels or persons engaged in or vessels permission to enter or re- activities associated with remediation main in a security zone created by this efforts in the superfund sites, provided

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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 FOURTEENTH COAST GUARD DISTRICT the remediation efforts described in paragraph (b)(1) of this section. The § 165.1401 Apra Harbor, Guam—safety COTP will consult with EPA in making zones. this determination when necessary and (a) The following is designated as practicable. Safety Zone A—The waters of the Pa- [USCG–2010–1145, 77 FR 21435, Apr. 10, 2012] cific Ocean and Apra Outer Harbor encompassed within an arc of 725 yards § 165.1337 Regulated Navigation Area, radius centered at the center of Wharf Zidell Waterfront Property, Willam- H. (Located at 13°27′47″ N and ette River, OR. 144°39′01.9″ E. Based on World Geodetic (a) Regulated navigation area. The fol- System 1984 Datum) lowing area is a regulated navigation (b) The following is designated Safe- area: All waters within the area bound- ty Zone B—The waters of Apra Outer ed by the following points: 45°29′55.12″ Harbor encompassed within an arc of N/122°40′2.19″ W; thence continuing to 680 yards radius centered at the center 45°29′55.14″ N/122°39′59.36″ W; thence con- of Naval Wharf Kilo. (Located at tinuing to 45°29′56.30″ N/122°39 59.09″ W; 13°26′43″ N, 144°37′46.7″ E. Based on thence continuing to 45°29′57.51″ N/ World Geodetic system 1984 Datum) 122°39′59.64″ W; thence continuing to (c) Special regulations. (1) Section 45°29′58.72″ N/122°39′59.64″ W; thence con- 165.23 does not apply to Safety Zone A tinuing to 45°30′0.52″ N/122°39′59.94″ W; and/or Safety Zone B, except when thence continuing to 45°30′1.95″ N/ Wharf H and/or Naval Wharf Kilo, or a 122°40′0.46″ W; thence continuing to vessel berthed at Wharf H and/or Naval 45°30′3.44″ N/122°40′0.78″ W; thence con- Wharf Kilo, is displaying a red tinuing to 45°30’ 4.87″ N/122°40’ 0.95″ W; (BRAVO) flag by day or a red light by thence continuing to 45°30′7.33″ N/ night. 122°40′1.80″ W; thence continuing to (2) In accordance with the general 45°30′8.11″ N/122°40′2.69″ W; thence con- regulations in 165.23 of this part, entry tinuing to 45°30′8.83″ N/122°40′3.81″ W; into these zones is prohibited unless thence continuing to 45°30′13.06″ N/ authorized by the Captain of the Port, 122°40′5.39″ W; thence continuing to Guam. 45°30′15.30″ N/122°40′6.93″ W; thence con- [COTP Guam Reg. 89–001, 55 FR 18725, May 4, tinuing to 45°30′17.78″ N/122°40′8.16″ W; 1990] thence continuing to 45°30′20.53″ N/ 122°40′9.07″ W; thence continuing to § 165.1402 Apra Outer Harbor, Guam— 45°30′20.90″ N/122°40′11.52″ W; thence con- regulated navigation area. tinuing to 45°30′24.04″ N/122°40′12.53″ W; (a) The following is a regulated navi- thence continuing to 45°30′23.79″ N/ gation area—The waters of the Pacific 122°40′14.87″ W; thence continuing along Ocean and Apra Outer Harbor enclosed the shoreline to 45°29′55.12″ N/122°40′2.19″ by a line beginning at latitude 13°26′47″ W. Geographically the regulated navi- N, longitude 144°35′07″ E; thence to gation area covers all waters adjacent Spanish Rocks at latitude 13°27′09.5″ N,

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

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

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(5) Persons or vessels that must enter provisions of paragraphs (c) and (d). All a security zone or exceed speed limits coordinates below are expressed in de- established in this section may contact grees, minutes, and tenths or hun- the COTP at command center tele- dredths of minutes. phone number (671) 339–6100 or on VHF (1) Honolulu Harbor. All waters of channel 16 (156.8 Mhz) to request per- Honolulu Harbor and Honolulu en- mission. trance channel commencing at a line (6) All persons and vessels within 500 between entrance channel buoys no. 1 yards of an escorted vessel in the RNA and no. 2, to a line between the fixed must comply with the orders of the day beacons no. 14 and no. 15 west of COTP Guam or his designated rep- Sand Island Bridge. resentatives. (2) Honolulu Harbor Anchorages B, C, (e) Authority. In addition to 33 U.S.C. and D. All waters extending 100 yards 1231 and 50 U.S.C. 191, the authority for in all directions from each vessel in ex- this section includes 33 U.S.C. 1226. cess of 300 gross tons anchored in Hono- [CGD14–02–002, 68 FR 4384, Jan. 29, 2003] lulu Harbor Anchorage B, C, or D, as defined in 33 CFR 110.235(a). § 165.1406 Safety Zone: Pacific Missile (3) Kalihi Channel and Keehi Lagoon, Range Facility (PMRF), Barking Oahu. All waters of Kalihi Channel and Sands, Island of Kauai, Hawaii. Keehi Lagoon beginning at Kalihi (a) Location. The following area is es- Channel entrance buoy no. 1 and con- tablished as a safety zone during tinuing along the general trend of launch operations at PMRF, Kauai, Ha- Kalihi Channel to day beacon no. 13, waii: The waters bounded by the fol- thence continuing on a bearing of lowing coordinates: (22°01.2′ N, 159°47.3′ 332.5°T to shore, thence east and south W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N, along the general trend of the shoreline 159°50.7′ W), (22°06.3′ N, 159°44.8′ W). to day beacon no. 15, thence southeast (Datum: OHD) to day beacon no. 14, thence southeast (b) Activation. The above safety zone along the general trend of the shoreline will be activated during launch oper- of Sand Island, to the southwest tip of ations at PMRF, Kauai, Hawaii. The Sand Island at 21°18.0′ N/157°53.05′ W, Coast Guard will provide notice that thence southwest on a bearing of 233°T the safety zone will be activated to Kalihi Channel entrance buoy no. 1. through published and broadcast local (4) Honolulu International Airport—(i) notice to mariners prior to scheduled Honolulu International Airport, North launch dates. Section. All waters surrounding Hono- (c) Regulation. The area described in lulu International Airport from paragraph (a) of this section will be 21°18.25′ N/157° 55.58° W, thence south to closed to all vessels and persons, except 21°18.0′ N/157° 55.58′ W, thence east to those vessels and persons authorized by the western edge of Kalihi Channel, the Commander, Fourteenth Coast thence north along the western edge of Guard District, or the Captain of the the channel to day beacon no. 13, Port (COTP) Honolulu, Hawaii, when- thence northwest at a bearing of ever Strategic Target System (STARS) 332.5°T to shore. vehicles are to be launched by the (ii) Honolulu International Airport, United States Government from the South Section. All waters near Honolulu PMRF, Barking Sands, Kauai, Hawaii. International Airport from 21°18.0′ N/ (d) The general regulations governing 157°55.58′ W, thence south to 21°16.5′ N/ safety zones contained in 33 CFR 165.23 157°55.58′ W, thence east to 21°16.5′ N/ apply. 157°54.0′ W (the extension of the west- [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as ern edge of Kalihi Channel), thence amended by CGD 96–026, 61 FR 33669, June 28, north along the western edge of the 1996] channel to Kalihi Channel buoy ‘‘5’’, thence west to 21°18.0′ N/157°55.58′ W. § 165.1407 Security Zones; Oahu, HI. (5) Barbers Point Offshore Moorings. (a) Location. The following areas, All waters around the Tesoro Single from the surface of the water to the Point and the Chevron Conventional ocean floor, are security zones that are Buoy Moorings beginning at 21°16.43′ N/ activated and enforced subject to the 158°06.03′ W, thence northeast to

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

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penalties set forth in 33 U.S.C. 1232 and ized by the Captain of the Port or his 50 U.S.C. 192. or her designated representative. [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as (2) When conditions permit, the Cap- amended by CGD 14–07–001, 72 FR 44777, Aug. tain of the Port, or his or her des- 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009– ignated representative, may permit 0416, 74 FR 27442, June 10, 2009] vessels that are at anchor, restricted in their ability to maneuver, or con- § 165.1408 Security Zones; Maui, HI. strained by draft to remain within an (a) Location. The following areas, LPV security zone in order to ensure from the surface of the water to the navigational safety. ocean floor, are security zones that are (3) Persons desiring to transit the activated and enforced subject to the areas of the security zones in this sec- provisions in paragraph (c): tion may contact the Captain of the (1) Kahului Harbor, Maui. All waters Port at Command Center telephone extending 100 yards in all directions number (808) 842–2600 or on VHF chan- from each large passenger vessel in nel 16 (156.8 Mhz) to seek permission to Kahului Harbor, Maui, HI or within 3 transit the area. Written requests may nautical miles seaward of the Kahului be submitted to the Captain of Port, Harbor COLREGS DEMARCATION U.S. Coast Guard Sector Honolulu, (See 33 CFR 80.1460). This is a moving Sand Island Access Road, Honolulu, security zone when the LPV is in tran- Hawaii 96819, or faxed to (808) 842–2622. sit and becomes a fixed zone when the If permission is granted, all persons LPV is anchored, position-keeping, or and vessels must comply with the in- moored. structions of the Captain of the Port or (2) Lahaina, Maui. All waters extend- his or her designated representatives. ing 100 yards in all directions from For all seaplane traffic entering or each large passenger vessel in Lahaina, transiting the security zones, compli- Maui, whenever the LPV is within 3 ance with all Federal Aviation Admin- nautical miles of Lahaina Light (LLNR istration regulations (14 CFR parts 91 28460). The security zone around each and 99) regarding flight-plan approval LPV is activated and enforced whether is deemed adequate permission to tran- the LPV is underway, moored, posi- sit the waterway security zones de- tion-keeping, or anchored, and will scribed in this section. continue in effect until such time as (d) Enforcement. Any Coast Guard the LPV departs Lahaina and the 3- commissioned, warrant, or petty offi- mile enforcement area. cer, and any other Captain of the Port (b) Definitions. As used in this sec- representative permitted by law, may tion, large passenger vessel or LPV enforce the rules in this section. means a cruise ship more than 300 feet (e) Waiver. The Captain of the Port, in length that carries passengers for Honolulu may waive any of the re- hire, and any passenger ferry more quirements of this section for any ves- than 300 feet in length that carries pas- sel or class of vessels upon his or her sengers for hire. determination that application of this (c) Regulations. (1) Under 33 CFR section is unnecessary or impractical 165.33, entry into the security zones for the purpose of port and maritime created by this section is prohibited security. unless authorized by the Coast Guard (f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representatives. When penalties set forth in 33 U.S.C. 1232 and authorized passage through a large pas- 50 U.S.C. 192. senger vessel security zone, all vessels must operate at the minimum speed [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD 14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1409 Security Zones; Hawaii, HI. allowed within 100 yards of an LPV (a) Location. The following areas, that is underway, moored, position- from the surface of the water to the keeping, or at anchor, unless author- ocean floor, are security zones that are

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activated and enforced subject to the unless authorized by the Captain of the provisions in paragraph (c): Port or his or her designated represent- (1) Hilo Harbor, Hawaii. All waters ex- atives. tending 100 yards in all directions from (2) When conditions permit, the Cap- each large passenger vessel in Hilo Har- tain of the Port, or his or her des- bor, Hawaii, HI or within 3 nautical ignated representatives, may permit miles seaward of the Hilo Harbor vessels that are at anchor, restricted in COLREGS DEMARCATION (See 33 their ability to maneuver, or con- CFR 80.1480). This is a moving security strained by draft to remain within an zone when the LPV is in transit and be- LPV security zone in order to ensure comes a fixed zone when the LPV is an- navigational safety. chored, position-keeping, or moored. (3) Persons desiring to transit the (2) Kailua-Kona, Hawaii. All waters areas of the security zones in this sec- extending 100 yards in all directions tion may contact the Captain of the from each large passenger vessel in Port at Command Center telephone Kailua-Kona, Hawaii, whenever the number (808) 842–2600 or on VHF chan- LPV is within 3 nautical miles of nel 16 (156.8 Mhz) to seek permission to Kukailimoku Point. The 100-yard secu- transit the area. Written requests may rity zone around each LPV is activated be submitted to the Captain of Port, and enforced whether the LPV is un- U.S. Coast Guard Sector Honolulu, derway, moored, position-keeping, or Sand Island Access Road, Honolulu, anchored and will continue in effect Hawaii 96819, or faxed to (808) 842–2622. until such time as the LPV departs If permission is granted, all persons Kailua-Kona and the 3-mile enforce- and vessels must comply with the in- ment area. structions of the Captain of the Port or (3) Kawaihae Harbor, Hawaii. All his or her designated representatives. waters extending 100 yards in all direc- For all seaplane traffic entering or tions from each large passenger vessel transiting the security zones, compli- in Kawaihae Harbor, Hawaii, or within ance with all Federal Aviation Admin- 3 nautical miles seaward of the istration regulations (14 CFR parts 91 Kawaihae Harbor COLREGS DEMAR- and 99) regarding flight-plan approval CATION (See 33 CFR 80.1470). The 100- is deemed adequate permission to tran- yard security zone around each LPV is sit the waterway security zones deactivated and enforced whether the scribed in this section. LPV is underway, moored, position- (d) Enforcement. Any Coast Guard keeping, or anchored. commissioned, warrant, or petty offi- (b) Definitions. As used in this sec- cer, and any other Captain of the Port tion, large passenger vessel or LPV representative permitted by law, may means a cruise ship more than 300 feet enforce the rules in this section. in length that carries passengers for (e) Waiver. The Captain of the Port, hire, and any passenger ferry more Honolulu may waive any of the re- than 300 feet in length that carries pas- quirements of this section for any ves- sengers for hire. sel or class of vessels upon his or her (c) Regulations. (1) Under 33 CFR determination that application of this 165.33, entry into the security zones section is unnecessary or impractical created by this section is prohibited for the purpose of port and maritime unless authorized by the Coast Guard security. Captain of the Port, Honolulu or his or (f) Penalties. Vessels or persons vio- her designated representative. When lating this section are subject to the authorized passage through a large pas- penalties set forth in 33 U.S.C. 1232 and senger vessel security zone, all vessels 50 U.S.C. 192. must operate at the minimum speed [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1410 Security Zones; Kauai, HI. allowed within 100 yards of a large pas- (a) Location. The following areas, senger vessel that is underway, from the surface of the water to the moored, position-keeping, or at anchor, ocean floor, are security zones that are

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activated and enforced subject to the mand Center telephone number (808) provisions in paragraph (c): 842–2600 or on VHF channel 16 (156.8 (1) Nawiliwili Harbor, Lihue, Kauai. Mhz) to seek permission to transit the All waters extending 100 yards in all di- area. Written requests may be sub- rections from each large passenger ves- mitted to the Captain of Port, U.S. sel in Nawiliwili Harbor, Kauai, HI or Coast Guard Sector Honolulu, Sand Is- within 3 nautical miles seaward of the land Access Road, Honolulu, Hawaii Nawiliwili Harbor COLREGS DEMAR- 96819, or faxed to (808) 842–2622. If per- CATION (See 33 CFR 80.1450). This is a mission is granted, all persons and ves- moving security zone when the LPV is sels must comply with the instructions in transit and becomes a fixed zone of the Captain of the Port or his or her when the LPV is anchored, position- designated representatives. For all sea- keeping, or moored. plane traffic entering or transiting the (2) Port Allen, Kauai. All waters ex- security zones, compliance with all tending 100 yards in all directions from Federal Aviation Administration regu- each large passenger vessel in Port lations (14 CFR parts 91 and 99) regard- Allen, Kauai, HI or within 3 nautical ing flight-plan approval is deemed ade- miles seaward of the Port Allen quate permission to transit the water- COLREGS DEMARCATION (See 33 way security zones described in this CFR 80.1440). This is a moving security section. zone when the LPV is in transit and be- (d) Enforcement. Any Coast Guard comes a fixed zone when the LPV is an- commissioned, warrant, or petty offi- chored, position-keeping, or moored. cer, and any other Captain of the Port (b) Definitions. As used in this sec- representative permitted by law, may tion, large passenger vessel or LPV enforce the rules in this section. means a cruise ship more than 300 feet (e) Waiver. The Captain of the Port, in length that carries passengers for Honolulu may waive any of the re- hire, and any passenger ferry more quirements of this section for any ves- than 300 feet in length that carries pas- sel or class of vessels upon his or her sengers for hire. determination that application of this (c) Regulations. (1) Under 33 CFR section is unnecessary or impractical 165.33, entry into the security zones for the purpose of port and maritime created by this section is prohibited security. unless authorized by the Coast Guard (f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representative. When penalties set forth in 33 U.S.C. 1232 and authorized passage through an LPV se- 50 U.S.C. 192. curity zone, all vessels must operate at [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as the minimum speed necessary to main- amended by CGD14–07–001, 72 FR 44778, Aug. tain a safe course and must proceed as 9, 2007] directed by the Captain of the Port or his or her designated representative. § 165.1411 Security zone; waters sur- No person is allowed within 100 yards rounding U.S. Forces vessel SBX–1, of a large passenger vessel that is un- HI. derway, moored, position-keeping, or (a) Location. The following area, in at anchor, unless authorized by the U.S. navigable waters within the Hono- Captain of the Port or his or her des- lulu Captain of the Port Zone (see 33 ignated representative. CFR 3.70–10), from the surface of the (2) When conditions permit, the Cap- water to the ocean floor, is a security tain of the Port, or his or her des- zone: All waters extending 500 yards in ignated representative, may permit all directions from U.S. Forces vessel vessels that are at anchor, restricted in SBX–1. The security zone moves with their ability to maneuver, or con- the SBX–1 while it is in transit and be- strained by draft to remain within an comes fixed when the SBX–1 is an- LPV security zone in order to ensure chored, position-keeping, or moored. navigational safety. (b) Regulations. The general regula- (3) Persons desiring to transit the tions governing security zones con- areas of the security zones may contained in 33 CFR 165.33 apply. Entry tact the Captain of the Port at Com- into, transit through, or anchoring

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within this zone while it is activated, created by paragraph (a) of this section and thus subject to enforcement, is unless authorized by the Coast Guard prohibited unless authorized by the patrol commander. The Coast Guard Captain of the Port or a designated patrol commander may be contacted representative thereof. via VHF Channel 16 or other means (c) Suspension of enforcement. The reasonably available. 33 CFR part 165.30 Coast Guard will suspend enforcement and 165.33 contain additional provisions of the security zone described in this applicable to the security zone created section whenever the SBX–1 is within in paragraph (a) of this section. the Honolulu Defensive Sea Area (see 6 (c) Effective period. This rule is effec- FR 6675). tive from 6:00 a.m. on June 12, 2010 Ha- (d) Informational notice. The Captain waiian Standard Time (HST). of the Port of Honolulu will cause no- (d) Notification. The Coast Guard se- tice of the enforcement of the security curity escort will attempt, when nec- zone described in this section to be essary and practicable, to notify any made by broadcast notice to mariners. persons or vessels inside or in the vi- The SBX–1 is easy to recognize because cinity of the security one created in it contains a large white object shaped paragraph (a) of this section of the like an egg supported by a platform zone’s existence via VHF Channel 16 or that is larger than a football field. The other means reasonably available. platform in turn is supported by six (e) Penalties. Vessels or persons vio- pillars similar to those on large oil- lating this rule are subject to the pen- drilling platforms. alties set forth in 33 U.S.C. 1232 and 50 (e) Authority to enforce. Any Coast U.S.C. 192. Guard commissioned, warrant, or petty [USCG–2010–0409, 75 FR 33704, June 15, 2010] officer, and any other Captain of the Port representative permitted by law, SEVENTEENTH COAST GUARD DISTRICT may enforce the security zone described in this section. § 165.1701 Port Valdez, Valdez, Alas- (f) Waiver. The Captain of the Port ka—safety zone. may waive any of the requirements of The waters within the following this rule for any person, vessel, or class boundaries are a safety zone—The area of vessel upon finding that application within 200 yards of any waterfront fa- of the security zone is unnecessary or cility at the Trans-Alaska Pipeline impractical for the purpose of mari- Valdez Terminal complex or vessels time security. moored or anchored at the Trans-Alas- (g) Penalties. Vessels or persons vio- ka Pipeline Valdez Terminal complex lating this rule are subject to the pen- and the area within 200 yards of any alties set forth in 33 U.S.C. 1232 and 50 tank vessel maneuvering to approach, U.S.C. 192. moor, unmoor, or depart the Trans- [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008] Alaska Pipeline Valdez Terminal complex. § 165.1412 Security Zone; escorted U.S. Navy submarines in Sector Hono- § 165.1702 Gastineau Channel, Juneau, lulu Captain of the Port Zone. Alaska—safety zone. (a) Location. The following area is a (a) The waters within the following security zone: all waters, from the sur- boundaries are a safety zone: A line be- face to the ocean floor, within 1,000 ginning at the Standard Oil Company yards of any U.S. Navy submarine that Pier West Light (LLNR 3217), located is at position 58°17.9′ N, 134°24.8′ W, in the (1) Operating in the Sector Honolulu direction of 140° True to Rock Dump Captain of the Port Zone, as defined in Lighted Buoy 2A (LLNR 3213) at posi- 33 CFR 3.70–10, and that tion 58°17.2′ N, 134°23.8′ W; thence in the (2) Is being escorted by the U.S. direction of 003° True to a point at po- Coast Guard. sition 58°17.4′ N, 134°23.7′ W, on the (b) Regulations. In accordance with north shore of Gastineau Channel; the general regulations in 33 CFR 165, thence northwesterly along the north Subpart D, no person or vessel may shore of Gastineau Channel to the enter or remain in the security zone point of origin.

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(b) Special Regulations: bearing 307° True from Tongue Point at (1) All vessels may transit or navi- 61°02′06″ N., 146°40′ W.; and southwest of gate within the safety zone. a line bearing 307° True from Entrance (2) No vessels, other than a large pas- Island Light at 61°05′06″ N., 146°36′42″ W. senger vessel (including cruise ships (c) Regulations. In addition to the re- and ferries) may anchor within the quirements set forth in § 161.13 and Safety zone without the express con- § 161.60(c) of this chapter, a tank vessel sent from the Captain of the Port, of 20,000 deadweight tons or more that Southeast Alaska. intends to navigate within the regu- [CGD 79–034, 47 FR 29660, July 8, 1982, as lated navigation area must: amended by CGD 79–026, 48 FR 35408, Aug. 4, (1) Report compliance with part 164 1983] of this chapter, to the Vessel Traffic Center (VTC); § 165.1703 Ammunition Island, Port (2) Have at least two radiotelephones Valdez, Alaska. capable of operating on the designated (a) Location. The waters within the VTS frequency, one of which is capable following boundaries is a safety zone— of battery operation; the area within a radius of 1330 yards of (3) When steady wind conditions in Ammunition Island, centered on lati- the VTS Special Area or Port Valdez tude 61°07′28″ N, longitude 146°18′29″ W, exceed, or are anticipated to exceed 40 (NAD 83) and the vessel moored or an- knots, proceed as directed by the VTC chored at Ammunition Island. (entry into the VTS Special Area and (b) The area 200 yards off the vessel Port Valdez is prohibited); navigating the Vessel Traffic system (4) When transiting the VTS Special from abeam of Naked Island, maneu- Area, limit speed to 12 knots; vering to approach, moor, unmoor at (5) If laden and intending to navigate Ammunition Island, or the departure of the VTS Special Area, limit speed to 12 the vessel from Ammunition Island. knots except between Middle Rock and (c) Special regulation. (1) Section Potato Point where the speed limit 165.23 does not apply to paragraph (a) shall be 6 knots; and of this section, except when the vessel (6) Until December 31, 2004, have an is moored to Ammunition Island. operating Automatic Identification (d) Effective August 25, 1987 Notice of System Shipborne Equipment (AISSE) vessels arrival will be made in the No- system installed. tice to Mariners, Local Notice to Mari- (i) The designated digital selective ners and in the Local Valdez news- calling frequency (DSC) in Prince Wil- paper, prior to the vessel arrival. liam Sound is 156.525MHz (VHF Chan- [52 FR 30671, Aug. 17, 1987, as amended by nel 70). USCG–1998–3799, 63 FR 35533, June 30, 1998; (ii) AISSE equipped vessels will not COTP Prince William Sound 02–010, 67 FR be required to make voice radio posi- 45313, July 9, 2002] tion reports at designated reporting points required by § 161.20(b), unless § 165.1704 Prince William Sound, Alas- otherwise directed by the VTC. ka-regulated navigation area. (iii) Whenever a vessel’s AISSE be- (a) The following is a regulated navi- comes non-operational, as defined in gation area: The navigable waters of § 164.43(c) of this chapter, before enter- the United States north of a line drawn ing or while underway in the VTS area, from Cape Hinchinbrook Light to a vessel must: Schooner Rock Light, comprising that (A) Notify the VTC; portion of Prince William Sound be- (B) Make the required voice radio po- tween 146°30′ W. and 147°20′ W. and in- sition reports as set forth in § 161.60 and cludes Valdez Arm, Valdez Narrows, required by § 161.20(b) of this chapter; and Port Valdez. (C) Make other voice radio reports as (b) Within the regulated navigation required by the VTS; and area described in paragraph (a) of this (D) Restore the AISSE to operating section, § 161.60 of this chapter estab- condition as soon as possible. lishes a VTS Special Area for the (iv) Whenever a vessel’s AISSE be- waters of Valdez Arm, Valdez Narrows, comes non-operational due to a loss of and Port Valdez northeast of a line position correction information (i.e.,

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

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fishing from the waters within the § 165.1710 Port Valdez and Valdez Nar- zone, if rows, Valdez, Alaska—security (A) The owner of the vessel has pre- zones. viously requested approval from the (a) Location. The following areas are Captain of the Port representative, Ma- security zones: rine Safety Detachment Kenai, Alaska, (1) Trans-Alaska Pipeline (TAPS) to fish in the security zone and Valdez Terminal complex (Terminal), (B) Has provided the Captain of the Valdez, Alaska and TAPS tank vessels. Port representative, Marine Safety De- All waters enclosed within a line begin- tachment Kenai, Alaska current infor- ning on the southern shoreline of Port ° ′ ″ ° ′ ″ mation about the vessel, including: Valdez at 61 05 03.6 N, 146 25 42 W; thence northerly to yellow buoy at (1) The name and/or the official num- 61°06′00″ N, 146°25′42″ W; thence east to ber, if documented, or state number, if the yellow buoy at 61°06′00″ N, 146°21′30″ numbered by a state issuing authority; W; thence south to 61°05′06″ N, 146°21′30″ (2) A brief description of the vessel, W; thence west along the shoreline and including length, color, and type of including the area 2000 yards inland vessel; along the shoreline to the beginning (3) The name, Social Security num- point. ber, current address, and telephone (2) Tank vessel moving security zone. number of the vessel’s master, operator All waters within 200 yards of any or person in charge; and TAPS tank vessel maneuvering to ap- (4) Upon request, information on the proach, moor, unmoor or depart the vessel’s crew. TAPS Terminal or transiting, maneu- (C) A vessel owner or operator is re- vering, laying to or anchored within quired to submit the information one the boundaries of the Captain of the time, but shall provide the Captain of Port, Prince William Sound Zone de- the Port representative updated infor- scribed in 33 CFR 3.85–20 (b). mation when any part of it changes. (3) Valdez Narrows, Port Valdez, (D) The Captain of the Port must ap- Valdez, Alaska. All waters 200 yards ei- prove a vessel’s request prior to being ther side of the Valdez Narrows Tanker Optimum Track line bounded by a line allowed into the security zone at the beginning at 61°05′15″ N, 146°37′18″ W; Phillips Petroleum LNG Pier. thence south west to 61°04′00″ N, (E) The vessel is operated in compli- 146°39′52″ W; thence southerly to ance with any specific orders issued to 61°02′32.5″ N, 146°41′25″ W; thence north the vessel by the Captain of the Port or west to 61°02′40.5″ N, 146°41′47″ W; thence other regulations controlling the oper- north east to 61°04′07.5″ N, 146°40′15″ W; ation of vessels within the security thence north east to 61°05′22″ N, zone that may be in effect. 146°37′38″ W; thence south east back to (2) All persons and vessels shall com- the starting point at 61°05′15″ N, ply with the instructions of the Cap- 146°37′18″ W. tain of the Port representative or the (b) Regulations. (1) The general regu- designated on-scene patrol personnel. lations in 33 CFR 165.33 apply to the se- These personnel are comprised of com- curity zones described in paragraph (a) missioned, warrant, and petty officers of this section. of the Coast Guard. Upon being hailed (2) Tank vessels transiting directly by a U. S. Coast Guard vessel by siren, to the TAPS terminal complex, en- radio, flashing light, or other means, gaged in the movement of oil from the the operator of a vessel shall proceed terminal or fuel to the terminal, and as directed. vessels used to provide assistance or (3) The Marine Safety Detachment support to the tank vessels directly Kenai, Alaska will notify the maritime transiting to the terminal, or to the community of these security zones by terminal itself, and that have reported publishing a Local Notice to Mariners their movements to the Vessel Traffic and via a bimonthly marine Broadcast Service, as required under 33 CFR part 161 and § 165.1704, may operate as nec- Notice to Mariners. essary to ensure safe passage of tank [COTP 02–001, 67 FR 44059, July 1, 2002] vessels to and from the terminal.

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(3) All persons and vessels must com- High Capacity Passenger Vessel ply with the instructions of the Coast (‘‘HCPV’’) means a passenger vessel Guard Captain of the Port and the des- greater than 100 feet in length that is ignated on-scene patrol personnel. authorized to carry more than 500 pas- These personnel comprise commis- sengers for hire. sioned, warrant, and petty officers of State law enforcement Officer means the Coast Guard. Upon being hailed by any State or local government law en- a vessel displaying a U.S. Coast Guard forcement officer who has authority to ensign by siren, radio, flashing light, or enforce State or local criminal laws. other means, the operator of the vessel (b) Location. The following areas are must proceed as directed. Coast Guard security zones: all waters within 100 Auxiliary and local or state agencies may be present to inform vessel opera- yards around escorted High Capacity tors of the requirements of this section Passenger Vessels or escorted Alaska and other applicable laws. Marine Highway System vessels in the navigable waters of the Seventeenth [COTP Prince William Sound 02–011, 71 FR Coast Guard District as defined in 33 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom. § 165.1711 Security Zones; Waters of (c) Regulations. (1) No vessel may ap- the Seventeenth Coast Guard Dis- proach within 100 yards of an escorted trict HCPV or escorted AMHS vessel during (a) Definitions. As used in this sec- their transits within the navigable tion— waters of the Seventeenth Coast Guard Alaska Marine Highway System vessel District. (‘‘AMHS vessel’’) means any vessel (2) Moored or anchored vessels that owned or operated by the Alaska Ma- are overtaken by this moving zone rine Highway System, including, but must remain stationary at their loca- not limited to: M/V AURORA, M/V tion until the escorted vessel maneu- CHENEGA, M/V COLUMBIA, M/V vers at least 100 yards away. FAIRWEATHER, M/V KENNICOTT, M/ (3) The local Captain of the Port may V LECONTE, M/V LITUYA, M/V notify the maritime and general public MALASPINA, M/V MATANUSKA, M/V by marine information broadcast of the TAKU, and the M/V TUSTUMENA. periods during which individual secu- Designated on Scene Representative rity zones have been activated by pro- means any U.S. Coast Guard commissioned, warrant or petty officer who viding notice in accordance with 33 has been authorized by the District CFR 165.7. Commander or local Captain of the (4) Persons desiring to transit within Port (COTP), as defined in 33 CFR part 100 yards of a moving, escorted HCPV 3, subpart 3.85, to act on his or her be- or AMHS vessel in the Seventeenth half, or other Federal, State or local Coast Guard District must contact the law enforcement Officers designated by designated on scene representative on the COTP. VHF channel 16 (156.800 MHz) or VHF Escorted HCPV or AMHS vessel means channel 13 (156.650 MHz) to receive per- a HCPV or AMHS vessel that is accom- mission. panied by one or more Coast Guard as- (5) If permission is granted to transit sets or Federal, State or local law en- within 100 yards of an escorted HCPV forcement agency assets as listed or AMHS vessel, all persons and vessels below: must comply with the instructions of (1) Coast Guard surface or air asset the designated on scene representative. displaying the Coast Guard insignia. (6) All commercial fishing vessels as (2) State, Federal or local law en- defined by 46 U.S.C. 2101(11a) while ac- forcement assets displaying the appli- tively engaged in fishing are exempted cable agency markings and or equipment associated with the agency. from the provisions of this section. Federal Law Enforcement Officer [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] means any Federal government law enforcement officer who has authority to enforce federal criminal laws.

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