33 CFR Ch. I (7–1–20 Edition)

Pt. 165 33 CFR Ch. I (7–1–20 Edition)

maintain operative the navigational- eration in the area to be transited. safety equipment required by § 164.72. Failure of redundant navigational-safe- (b) Failure. If any of the navigational- ty equipment, including but not lim- safety equipment required by § 164.72 ited to failure of one of two installed fails during a voyage, the owner, mas- radars, where each satisfies § 164.72(a), ter, or operator of the towing vessel does not necessitate either a deviation shall exercise due diligence to repair it or an authorization. at the earliest practicable time. He or (1) The initial notice and request for she shall enter its failure in the log or a deviation and an authorization may other record carried on board. The fail- be spoken, but the request must also be ure of equipment, in itself, does not written. The written request must ex- constitute a violation of this rule; nor plain why immediate repair is imprac- does it constitute unseaworthiness; nor ticable, and state when and by whom does it obligate an owner, master, or the repair will be made. operator to moor or anchor the vessel. (2) The COTP, upon receiving even a However, the owner, master, or oper- spoken request, may grant a deviation ator shall consider the state of the and an authorization from any of the equipment—along with such factors as provisions of §§ 164.70 through 164.82 for weather, visibility, traffic, and the dic- a specified time if he or she decides tates of good seamanship—in deciding that they would not impair the safe whether it is safe for the vessel to proceed. navigation of the vessel under antici- (c) Reporting. The owner, master, or pated conditions. operator of each towing vessel whose [CGD 94–020, 61 FR 35075, July 3, 1996] equipment is inoperative or otherwise impaired while the vessel is operating PART 165—REGULATED NAVIGA- within a Vessel Traffic Service (VTS) Area shall report the fact as required TION AREAS AND LIMITED AC- by 33 CFR 161.124. (33 CFR 161.124 re- CESS AREAS quires that each user of a VTS report to the Vessel Traffic Center as soon as Subpart A—General practicable: Sec. (1) Any absence or malfunction of 165.1 Purpose of part. vessel-operating equipment for naviga- 165.3 Definitions. tional safety, such as propulsion ma- 165.5 Establishment procedures. chinery, steering gear, radar, gyro- 165.7 Notification. compass, echo depth-sounding or other 165.8 Geographic coordinates. sounding device, automatic dependent 165.9 Geographic application of limited and surveillance equipment, or naviga- controlled access areas and regulated tional lighting; navigation areas. (2) Any condition on board the vessel likely to impair navigation, such as Subpart B—Regulated Navigation Areas shortage of personnel or lack of current nautical charts or maps, or publi- 165.10 Regulated navigation areas. cations; and 165.11 Vessel operating requirements (regu- (3) Any characteristics of the vessel lations). 165.13 General regulations. that affect or restrict the maneuverability of the vessel, such as arrange- Subpart C—Safety Zones ment of cargo, trim, loaded condition, under-keel clearance, and speed.) 165.20 Safety zones. (d) Deviation and authorization. The 165.23 General regulations owner, master, or operator of each towing vessel unable to repair within 96 Subpart D—Security Zones hours an inoperative marine radar re- 165.30 Security zones. quired by § 164.72(a) shall so notify the 165.33 General regulations. Captain of the Port (COTP) and shall seek from the COTP both a deviation Subpart E—Restricted Waterfront Areas from the requirements of this section and an authorization for continued op- 165.40 Restricted waterfront areas.

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Subpart F—Specific Regulated Navigation 165.120 Security Zone, John Joseph Moakley Areas and Limited Access Areas United States Courthouse, Boston, MA. 165.121 Safety and Security Zones: High In- FIRST COAST GUARD DISTRICT terest Vessels, Narragansett Bay, Rhode 165.T01–0023 Safety Zone; MBTA Railroad Island. Bridge Replacement Project—Annisquam 165.122 Regulated Navigation Area: Navi- River, Gloucester, Massachusetts. gable waters within Narragansett Bay 165.T01–0575 Safety Zone; Boston Harbor’s and the Providence River, Rhode Island. Improvement Dredging Project, Boston, 165.123 Cruise Ships, Sector Southeastern MA. New England Captain of the Port (COTP) 165.T01–0606 Safety Zone; North Washington Zone. Street Bridge Replacement Project— 165.125 Regulated Navigation Area; EPA Charles River, Boston, MA. Superfund Site, New Bedford Harbor, 165.T01–0682 Safety Zone—North Hero- Massachusetts. Grand Isle Bridge, Lake Champlain, VT. 165.141 Safety Zone: Sunken vessel EMPIRE 165.T01–0843 Safety Zone; Barters Island KNIGHT, Boon Island, ME. Bridge, Back River, Barters Island, ME. 165.150 New Haven Harbor, Quinnipiac 165.T01–0890 Regulated Navigation Area; River, Mill River. Beals Island Bridge Replacement, 165.151 Safety Zones; Fireworks Displays, Moosabec Reach, Jonesport, ME. Air Shows and Swim Events in the Cap- 165.100 Regulated Navigation Area: Navi- tain of the Port Long Island Sound Zone. gable waters within the First Coast 165.153 Regulated Navigation Area: Long Is- Guard District. land Sound Marine Inspection and Cap- 165.101 Kittery, Maine—regulated naviga- tain of the Port Zone. tion area. 165.154 Safety and Security Zones; Captain 165.102 Security Zone: Walkers Point, of the Port Long Island Sound Zone Safe- Kennebunkport, ME. ty and Security Zones. 165.103 Safety and Security Zones; LPG 165.156 Regulated Navigation Area: East Vessel Transits in Portland, Maine, Cap- Rockaway Inlet to Atlantic Beach tain of the Port Zone, Portsmouth Har- Bridge, Nassau County, Long Island, New bor, Portsmouth, New Hampshire. York. 165.104 Safety Zone: Vessel Launches, Bath 165.160 Safety Zones; fireworks displays and Iron Works, Kennebec River, Bath, swim events in Coast Guard Captain of Maine. the Port New York Zone. 165.105 Security Zones; Passenger Vessels, 165.161 Safety Zone; Shore (Belt) Parkway Portland, Maine, Captain of the Port Bridge Construction, Mill Basin, Brook- Zone. lyn, NY. 165.106 Security Zone: Seabrook Nuclear 165.162 Safety Zone; Witt-Penn Bridge Con- Power Plant, Seabrook, New Hampshire. struction, Hackensack River, Jersey 165.110 Safety and Security Zone; Liquefied City, NJ. Natural Gas Carrier Transits and An- 165.163 Safety Zones; Port of New York/New chorage Operations, Boston, Massachu- Jersey Fleet Week. setts. 165.164 Security Zones; Dignitary Arrival/ 165.111 Safety Zone: Boston Harbor, Boston, Departure and United Nations Meetings, Massachusetts. New York, NY. 165.112 Safety Zone: USS CASSIN YOUNG, 165.165 Regulated Navigation Area; Hudson Boston, Massachusetts. River South of the Troy Locks, NY. 165.113 Security Zone: Dignitary arrival/de- 165.166 Safety zone: Macy’s July 4th Fire- parture Logan International Airport, works, East River, NY. Boston, MA. 165.169 Safety and Security Zones: New 165.114 Safety and Security Zones: Escorted York Marine Inspection Zone and Cap- Vessels—Boston Harbor, Massachusetts. tain of the Port Zone. 165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant, Plymouth, Massa- 165.171 Safety Zones for fireworks displays chusetts. and swim events held in Coast Guard 165.116 Safety and Security Zones; Salem Sector Northern New England Captain of and Boston Harbors, Massachusetts. the Port Zone. 165.117 Regulated Navigation Areas, Safety 165.172 Safety Zone; Underwater Hazard, and Security Zones: Deepwater Ports, Gravesend Bay, Brooklyn, NY. First Coast Guard District. 165.173 Safety Zones for annually recurring 165.118 Safety Zones; recurring annual marine events held in Coast Guard events held in Coast Guard Sector Bos- Southeastern New England Captain of ton Captain of the Port Zone. the Port Zone. 165.119 Safety Zone; Captain of the Port SECOND COAST GUARD DISTRICT Boston Fireworks display zones, Boston Harbor, Boston, MA. 165.202 [Reserved]

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FIFTH COAST GUARD DISTRICT 165.554 Security Zone; Three Mile Island Generating Station, Susquehanna River, 165.T05–0061 Safety Zone for Fireworks Dis- Dauphin County, Pennsylvania. plays; Upper Potomac River, Washington Channel, Washington, DC. 165.555 Safety Zone; Delaware River. 165.T05–1053 Safety Zone, Delaware River; 165.556 Regulated Navigation Area; Chesa- Pipeline Removal; Marcus Hook, PA. peake and Delaware Canal, Chesapeake 165.500 Safety/Security Zones; Chesapeake City Anchorage Basin, MD. Bay, Maryland. 165.557 Security Zone; Potomac River, 165.501 Chesapeake Bay entrance and Hamp- Montgomery County, MD. ton Roads, VA and adjacent waters—Reg- 165.558 Security Zone; Delaware River, and ulated Navigation Area. Schuylkill River, Philadelphia, PA. 165.502 Safety and Security Zone; Cove SEVENTH COAST GUARD DISTRICT Point Liquefied Natural Gas Terminal, Chesapeake Bay, Maryland. 165.T07–0794 Safety Zone; M/V GOLDEN 165.503 Security Zone; Captain of the Port RAY; Saint Simons Sound, GA. Hampton Roads Zone. 165.T07–0803 Regulated navigation area; 165.504 Newport News Shipbuilding and Dry Saint Simons Sound, GA. Dock Company Shipyard, James River, 165.701 Vicinity, Kennedy Space Center, Newport News, Va. Merritt Island, Florida—security zone. 165.505 Security Zone; Calvert Cliffs Nuclear 165.703 Security Zones; Tampa Bay: Big Power Plant, Chesapeake Bay, Calvert Bend, Boca Grande, Crystal River, East County, Maryland. Bay, Hillsborough Bay, MacDill Air 165.506 Safety Zones; Fireworks Displays in Force Base, Manbirtee Key, Old Port the Fifth Coast Guard District. Tampa, Port Manatee, Port Tampa, Port 165.507 Security Zone; Chesapeake Bay, be- St. Petersburg, Port Sutton, Rattle- tween Sandy Point and Kent Island, MD. snake, and Weedon Island, FL. 165.508 Security Zone; Potomac River and 165.704 Safety Zone: Savannah River, Sa- Anacostia River, and adjacent waters; vannah, Georgia. Washington, DC. 165.705 Security Zones: Port Canaveral Har- 165.509 Security Zone; Severn River and bor, Cape Canaveral Air Force Station, College Creek, Annapolis, MD. FL. 165.510 Delaware Bay and River, Salem 165.706 Safety Zone; Hurricanes, Tropical River, Christina River and Schuylkill Storms and Other Disasters in South River-Regulated Navigation Area. Florida. 165.511 Security Zone; Atlantic Ocean, 165.708 Safety/Security Zone; Charleston Chesapeake & Delaware Canal, Delaware Harbor and Cooper River, Charleston, SC. Bay, Delaware River and its tributaries. 165.709 Security Zone; Charleston Harbor, 165.512 Safety Zone; Patapsco River, North- Cooper River, South Carolina. west and Inner Harbors, Baltimore, MD. 165.711 Safety Zone: Port Everglades, Fort 165.513 Safety Zone; Magothy River, Sillery Bay, MD. Lauderdale, FL. 165.514 Safety Zone: Atlantic Intracoastal 165.714 Regulated Navigation Area; Atlantic Waterway and connecting waters, vicin- Ocean, Charleston, SC. ity of Marine Corps Base Camp Lejeune, 165.720 Safety Zone; natural and other dis- North Carolina. asters in Ports of Jacksonville, 165.515 Safety Zone: Cape Fear River, Wil- Fernandina, and Canaveral, Florida. mington, North Carolina. 165.721 Safety Zone: St. Johns River, Jack- 165.516 Safety Zones; Waterway Training sonville, FL. Areas, Captain of the Port Maryland-Na- 165.722 Security Zone: St. Johns River, tional Capital Region Zone. Jacksonville, Florida. 165.518 Security Zone; Waters of the Fifth 165.723 Safety Zone; Firework Displays in Coast Guard District. Captain of the Port Zone Jacksonville, 165.520 Regulated Navigation Area; Herbert Florida. C. Bonner Bridge, Oregon Inlet, NC. 165.726 Regulated Navigation Areas; Miami 165.530 Safety Zone: Cape Fear and North- River, Miami, Florida. east Cape Fear Rivers, NC. 165.728 Jacksonville, Florida—safety zones. 165.535 Safety Zone: Atlantic Ocean, Vicin- 165.729 Jacksonville Harbor, Florida—secu- ity of Cape Henlopen State Park, Dela- rity zone. ware. 165.730 King’s Bay, Georgia—Regulated 165.550 Safety Zones: Ice covered waterways navigation area. within the Fifth Coast Guard District. 165.731 Security Zone: Cumberland Sound, 165.552 Security Zone; Oyster Creek Genera- Georgia. tion Station, Forked River, Ocean Coun- 165.732 Escorted Submarines Sector Jack- ty, New Jersey. sonville Captain of the Port Zone. 165.553 Security Zone; Salem and Hope 165.749 Security Zone: Escorted Vessels, Sa- Creek Generation Stations, Delaware vannah, Georgia, Captain of the Port River, Salem County, New Jersey. Zone.

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165.751 Security Zone: LNG mooring slip, 165.784 Safety Zone, Schuylkill River; Savannah River, Savannah, Georgia. Philadelphia, PA 165.752 Sparkman Channel, Tampa, Flor- 165.785 Security Zone; Presidential Security ida—regulated navigation area. Zone, Palm Beach, FL. 165.753 Regulated navigation area; Tampa 165.786 Safety Zone; recurring marine Bay, Florida. events, Sector Key West, Florida. 165.754 Safety Zone; San Juan Harbor, San Juan, PR. EIGHTH COAST GUARD DISTRICT 165.755 Safety Zone: Guayanilla, Puerto 165.T08–0067 Safety Zone; Lake of the Rico. Ozarks, Mile .5 on the Main Channel of 165.756 Regulated Navigation Area; Savan- the Lake of the Ozarks near Bagnel Dam, nah River, Georgia. Lake Ozark, MO 165.757 Safety Zones; Ports of Ponce, 165.T08–0203 Safety Zone; Pensacola Bay Tallaboa, and Guayanilla, Puerto Rico Bridge, Pensacola Beach, FL and Limetree Bay, St. Croix, U.S.V.I. 165.T08–0486 Safety Zone; Ohio River, 165.758 Security Zone; San Juan, Puerto Brookport, IL. Rico. 165.T08–0614 Safety Zone; Neches River, 165.759 Security Zones; Ports of Jackson- Beaumont, TX. ville, Fernandina, and Canaveral, Flor- 165.T08–0914 Safety Zone; Taylor Bayou ida. 165.760 Security Zones; Port of Palm Beach, Turning Basin, Port Arthur, TX. Port Everglades, and Port of Miami, 165.T08–0998 Safety Zone; Pensacola Bay, Florida. Pensacola, FL. 165.761 Security Zones; Port of Key West, 165.T846 Safety Zone; Lower Mississippi Florida. River, Ohio River, and Upper Mississippi 165.762 Security Zone; St. Thomas, U.S. Vir- River, Bird’s Point-New Madrid gin Islands. Floodway. 165.763 Moving and Fixed Security Zone, 165.801 Annual fireworks displays and other Port of Fredericksted, Saint Croix, U.S. events in the Eighth Coast Guard Dis- Virgin Islands. trict requiring safety zones. 165.764 [Reserved] 165.802 Lower Mississippi River, vicinity of 165.765 Regulated Navigation Area; Port Ev- Old River Control Structure—Safety erglades Harbor, Fort Lauderdale, Flor- Zone. ida. 165.803 Mississippi River—regulated naviga- 165.766–165.768 [Reserved] tion area. 165.769 Security Zone; Escorted Vessels, 165.805 Security Zones; Calcasieu River and Charleston, South Carolina, Captain of Ship Channel, Louisiana. the Port Zone. 165.806 Sabine Neches Waterway, Texas— 165.770 Security Zone; Limetree Bay Termi- regulated navigation area. nals, St. Croix, U.S. Virgin Islands. 165.807 Calcasieu River, Louisiana—regu- 165.771 Safety Zone; Bahia de Ponce, Puerto lated navigation area. Rico. 165.808 Corpus Christi Ship Channel, Corpus 165.773 Security Zone; Escorted Vessels in Christi, TX, safety zone. Captain of the Port Zone Jacksonville, 165.810 Mississippi River, LA-regulated Florida. navigation area. 165.775 Safety Zone; Captain of the Port 165.811 Atchafalaya River, Berwick Bay, Zone Jacksonville; Offshore Cape Canav- LA-regulated navigation area. eral, Florida. 165.812 Security Zones; Lower Mississippi 165.776 Security Zone; Coast Guard Base River, Southwest Pass Sea Buoy to Mile San Juan, San Juan Harbor, Puerto Rico. Marker 96.0, New Orleans, LA. 165.777 Security Zone; West Basin, Port Ca- 165.813 Security Zones; Ports of Houston naveral Harbor, Cape Canaveral, Florida. and Galveston, TX. 165.778 Security Zone; Port of Mayaguez, 165.814 Security Zones; Captain of the Port Puerto Rico. Houston-Galveston Zone. 165.779 Regulated Navigation Area; Holiday 165.815 Ohio River at Louisville, KY; regu- Events; Biscayne Bay, Miami, FL. lated navigation area. 165.780 Safety Zone; Marine Safety Unit Sa- 165.817 Arkansas River, Mile 118.2 to 125.4, vannah Safety Zone for Heavy Weather Little Rock Arkansas—regulated naviga- and other Natural Disasters, Savannah tion area. Captain of the Port Zone, Savannah, GA. 165.818 Moving Security Zones, for certain 165.781 Safety Zone; hurricanes and other vessels in Freeport Entrance Channel, disasters in Western Florida. Freeport, Texas. 165.782 Safety Zone; restricted visibility in 165.819 Security Zone; Sabine Bank Chan- Tampa Bay. nel, Sabine Pass Channel and Sabine- 165.783 Safety Zone; firework displays in Neches Waterway, TX. Captain of the Port Zone St. Petersburg, 165.820 Security Zone; Ohio River, Mile 34.6 Florida. to 35.1, Shippingport, Pennsylvania.

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165.821 Ohio River at Cincinnati, OH; regu- 165.906 Lakeside Yacht Club in Cleveland lated navigation area. Harbor, Cleveland, OH—regulated navi- 165.822 Safety Zone; Fireworks Display, gation areas. Kanawha River, WV. 165.907 [Reserved] 165.823 Allegheny River, Monongahela 165.909 [Reserved] River, and Ohio River, Pittsburgh, Penn- 165.910 Security Zones; Captain of the Port sylvania; Regulated Navigation Area. Lake Michigan. 165.825 Security Zones; Captain of the Port 165.911 Security Zones; Captain of the Port St. Louis, Missouri. Buffalo Zone. 165.827 Regulated Navigation Area; Gal- 165.912 Security Zone; Lake Erie, Perry, veston Channel, TX. OH. 165.830 Regulated Navigation Area; Report- 165.913 Security Zone; Burke Lakefront Air- ing Requirements for Barges Loaded with port, Lake Erie, Cleveland, OH. Certain Dangerous Cargoes, Inland Riv- 165.914 [Reserved] ers, Eighth Coast Guard District. 165.915 Security zones; Captain of the Port 165.835 Security Zone; Port of Mobile, Mo- Detroit. bile Ship Channel, Mobile, AL. 165.916 Security Zones; Captain of the Port 165.836 Security Zone; Escorted Vessels, Mo- Milwaukee Zone, Lake Michigan. bile, Alabama, Captain of the Port. 165.918 Safety Zones; Recurring Safety Zones in Captain of the Port Sault 165.837 Safety Zone; Invista Inc Facility Sainte Marie. Docks, Victoria Barge Canal, Victoria, 165.920 Regulated Navigation Area: USCG Texas. Station Port Huron, Port Huron, MI, 165.838 Regulated Navigation Area; Gulf In- Lake Huron. tracoastal Waterway, Inner Harbor Navi- 165.921 Regulated Navigation Area; Report- gation Canal, New Orleans, LA. ing Requirements for Barges Loaded with 165.839 Safety zone; large cruise ships; Certain Dangerous Cargoes, Illinois Wa- Lower Mississippi River, Southwest Pass terway System located within the Ninth Sea Buoy to Mile Marker 96.0, New Orle- Coast Guard District. ans, LA. 165.923 Regulated Navigation Area, Chicago 165.840 Regulated Navigation Area, Gulf of Sanitary and Ship Canal, Romeoville, IL. Mexico: Mississippi Canyon Block 20, 165.927 Safety Zone; St. Louis River, Du- South of New Orleans, LA. luth/Interlake Tar Remediation Site, Du- 165.842 Safety Zone; Upper Mississippi River luth, MN. between mile 38.0 and mile 46.0, Thebes, 165.928 Security Zone; Mackinac Bridge, IL; and between mile 78.0 and mile 81.0, Straits of Mackinac, Michigan. Grand Tower, IL. 165.929 Safety Zones; Annual events requir- 165.843 Moving Security Zone; Escorted Ves- ing safety zones in the Captain of the sels; Lower Mississippi River; New Orle- Port Lake Michigan zone. ans, LA. 165.930 Safety Zone, Brandon Road Lock 165.844 Safety Zone; Tennessee River, Miles and Dam to Lake Michigan including Des 446.0 to 454.5, Chattanooga, TN. Plaines River, Chicago Sanitary and Ship 165.845 Safety Zone; Lower Mississippi Canal, Chicago River, and Calumet- River, mile markers 94 to 97 above Head Saganashkee Channel, Chicago, IL. of Passes, New Orleans, LA. 165.931 Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL. NINTH COAST GUARD DISTRICT 165.932 Safety Zone; Ohio Street Beach 165.T09–0082 Safety Zone; Cleveland Dragon Swim Course, Lake Michigan, Chicago Boat Festival and Head of the Cuyahoga, Harbor, Chicago, IL. Cuyahoga River, Cleveland, OH. 165.933 Safety Zone, Chicago Harbor, Navy 165.T09–0242 Safety Zone; Tug Kimberly Pier East, Chicago, IL. Anne and Barge Big Digger operating in 165.935 Safety Zone, Milwaukee Harbor, Mil- the Straits of Mackinac, MI. waukee, WI. 165.T09–0274 Safety Zone; Tug Valerie B and 165.939 Safety Zones; Annual Events in the Barge Kokosing IV operating in the Captain of the Port Buffalo Zone. Straits of Mackinac, MI. 165.941 Safety Zones; Annual Events in the 165.901 Great Lakes—regulated navigation Captain of the Port Detroit Zone. areas and safety zones. 165.943 Safety Zones; Recurring Events in 165.902 Safety Zone; Lower Niagara River at Captain of the Port Duluth Zone. Niagara Falls, New York. 165.944 Regulated Navigation Area; Straits 165.903 Safety Zones: Cuyahoga River and of Mackinac. Old River, Cleveland, OH. ELEVENTH COAST GUARD DISTRICT 165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor—Safety and Secu- 165.T11–019 Safety Zone; Highway 99 Partial rity Zone. Bridge Replacement, Stanislaus River, 165.905 USX Superfund Site Safety Zones: Ripon, CA. St. Louis River. 165.1101 Security Zone: San Diego Bay, CA.

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165.1102 Security Zone; Naval Base Point San Joaquin River, and connecting Loma; San Diego Bay, CA. waters in California. 165.1103 Security Zone; Naval Mine Anti 165.1187 Security Zones; Golden Gate Bridge Submarine Warfare Command; San Diego and the San Francisco-Oakland Bay Bay, San Diego, CA. Bridge, San Francisco Bay, California. 165.1104 Security Zone: San Diego Bay, CA. 165.1188 Safety Zone; Old Mormon Slough, 165.1105 Security Zone: San Diego Bay, Cali- Stockton California. fornia. 165.1190 Security Zone; San Francisco Bay, 165.1106 San Diego Bay, California—safety Oakland Estuary, Alameda, CA. zone. 165.1191 Northern California and Lake 165.1107 San Diego Bay, California. Tahoe Area Annual Fireworks Events. 165.1108 Security Zones; Cruise Ships, Port of San Diego, California. 165.1192 Security Zones; Waters surrounding 165.1110 Security Zone: Coronado Bay San Francisco International Airport and Bridge, San Diego, CA. Oakland International Airport, San 165.1120 Security Zone; Naval Amphibious Francisco Bay, California. Base, San Diego, CA. 165.1195 Regulated Navigation Area; Hum- 165.1121 [Reserved] boldt Bay Bar Channel and Humboldt 165.1122 San Diego Bay, Mission Bay and Bay Entrance Channel, Humboldt Bay, their Approaches—Regulated navigation California. area. 165.1197 Security Zones; San Francisco Bay, 165.1123 Southern California Annual Fire- San Pablo Bay, Carquinez Strait, Suisun work Events for the San Diego Captain Bay, California. of the Port Zone. 165.1198 Safety zone; Military Ocean Ter- 165.1124 Annual Firework Events on the Col- minal Concord Safety Zone, Suisun Bay, orado River, between Davis Dam (Bull- Military Ocean Terminal Concord, CA. head City, Arizona) and Headgate Dam 165.1199 Security Zones; Military Ocean (Parker, Arizona) within the San Diego Terminal Concord (MOTCO), Concord, Captain of Port Zone. California. 165.1125 Southern California Annual Fire- 165.11731 Security Zone: Escorted Vessels, work Events for the Los Angeles Long Los Angeles-Long Beach, CA, Captain of Beach Captain of the Port zone. the Port Zone. 165.1131 Security Zone: Wilson Cove, San Clemente Island, California. TWELFTH COAST GUARD DISTRICT [RESERVED] 165.1141 Safety Zone; San Clemente 3 NM Safety Zone, San Clemente Island, CA. THIRTEENTH COAST GUARD DISTRICT 165.1151 Security Zones; liquefied hazardous gas tank vessels, San Pedro Bay, Cali- 165.1301 Puget Sound and Adjacent Waters fornia. in Northwestern Washington—Regulated 165.1152 San Pedro Bay, California—Regu- Navigation Area. lated navigation area. 165.1302 Bangor Naval Submarine Base, 165.1154 Security Zones; Cruise Ships, San Bangor, WA. Pedro Bay, California. 165.1303 Puget Sound and adjacent waters, 165.1155 Security Zone; Diablo Canyon Nu- WA—regulated navigation area. clear Power Plant, Avila Beach, Cali- 165.1305 Commencement Bay, Tacoma, WA. fornia. 165.1307 Elliott Bay, Seattle, WA. 165.1156 Safety Zone; Offshore Marine Ter- 165.1308 Columbia River, Vancouver WA. minal, El Segundo, CA. 165.1309 Eagle Harbor, Bainbridge Island, 165.1157 Security Zone; Cruise Ships, Santa WA. Barbara, California. 165.1310 Strait of Juan de Fuca and adjacent 165.1171 Copper Canyon, Lake Havasu, Colo- coastal waters of Northwest Washington; rado River—Regulated Navigation Area. Makah Whale Hunting—Regulated Navi- 165.1181 San Francisco Bay Region, Cali- gation Area. fornia—regulated navigation area. 165.1182 Safety/Security Zone: San Fran- 165.1311 Olympic View Resource Area, Ta- cisco Bay, San Pablo Bay, Carquinez coma, WA. Strait, and Suisun Bay, CA. 165.1312 Security Zone; Portland Rose Fes- 165.1183 Security Zones; tankers, cruise tival on Willamette River. ships, and High Value Assets, San Fran- 165.1313 Security zone regulations, tank cisco Bay and Delta Ports, Monterey Bay ship protection, Puget Sound and adja- and Humboldt Bay, California. cent waters, Washington 165.1184 Safety Zone; Coast Guard Use of 165.1315 Safety Zone; Annual Fireworks Dis- Force Training Exercises, San Pablo plays within the Sector Columbia River Bay, CA. Captain of the Port Zone. 165.1185 Regulated Navigation Area; San 165.1317 Security and Safety Zone; Large Francisco Bay, San Pablo Bay, Carquinez Passenger Vessel Protection, Puget Strait, Suisun Bay, Sacramento River, Sound and adjacent waters, Washington.

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165.1318 Security and Safety Zone Regula- FOURTEENTH COAST GUARD DISTRICT tions, Large Passenger Vessel Protec- 165.14–1414 Safety Zones; Hawaiian Islands tion, Captain of the Port Columbia River Commercial Harbors; HI. Zone. 165.1401 Apra Harbor, Guam—safety zones. 165.1319 Seafair Air Show Performance, Se- 165.1402 Safety Zone; Navy Underwater Det- attle, WA. onation (UNDET) Exercises, GU. 165.1321 Security Zone; Protection of Mili- 165.1403 Security Zones; Tinian, Common- tary Cargo, Captain of the Port Zone wealth of the Northern Mariana Islands. Puget Sound, WA. 165.1404 Apra Harbor, Guam—security zone. 165.1322 Regulated Navigation Area: Wil- lamette River Portland, Captain of the 165.1405 Regulated Navigation Areas and Se- Port Columbia River Zone. curity Zones: Designated Escorted Ves- sels-Philippine Sea and Apra Harbor 165.1323 Regulated Navigation Area: Wil- Guam, and Tanapag Harbor, Saipan, lamette River Captain of the Port Co- Commonwealth of the Northern Mariana lumbia River Zone. Islands (CNMI). 165.1324 Safety and Security Zone; Cruise 165.1406 Safety Zone: Pacific Missile Range Ship Protection, Elliott Bay and Pier-91, Facility (PMRF), Barking Sands, Island Seattle, Washington. of Kauai, Hawaii. 165.1325 Regulated Navigation Areas; Bars 165.1407 Security Zones; Oahu, HI. Along the Coasts of Oregon and Wash- ington. 165.1408 Security Zones; Maui, HI. 165.1326 Regulated Navigation Areas; Port 165.1409 Security Zones; Hawaii, HI. of Portland Terminal 4, Willamette 165.1410 Security Zones; Kauai, HI. River, Portland, OR. 165.1411 Security Zone; waters surrounding 165.1327 Security Zone; escorted U.S. Navy U.S. Forces vessel SBX–1, HI. submarines in Sector Seattle Captain of 165.1412 Security Zone; escorted U.S. Navy the Port Zone. submarines in Sector Honolulu Captain 165.1328 Regulated Navigation Area; U.S. of the Port Zone. Navy submarines, Hood Canal, WA. 165.1413 Regulated navigation area; South- 165.1329 Regulated Navigation Area; Thea ern Oahu Tsunami Evacuation; Honolulu, Foss, Middle Waterway, and Wheeler- Hawaii. Osgood Waterways EPA Superfund 165.1414 Safety Zone; Pacific Ocean, Kilauea Cleanup Site, Commencement Bay, Ta- Lava Flow Ocean Entry on Southeast coma, WA. Side of Island of Hawaii, HI. 165.1330 Safety Zone; Fleet Week Maritime 165.1416 Safety Zone; Tarague Basin; Ander- Festival, Pier 66, Elliott Bay, Seattle, son AFB, GU. Washington. SEVENTEENTH COAST GUARD DISTRICT 165.1332 Safety Zones; annual firework displays within the Captain of the Port, 165.1701 Port Valdez, Valdez, Alaska—safety Puget Sound Area of Responsibility. zone. 165.1333 Security Zones, Seattle’s Seafair 165.1702 Gastineau Channel, Juneau, Alas- Fleet Week moving vessels, Puget Sound, ka—safety zone. WA. 165.1703 Ammunition Island, Port Valdez, 165.1334 Security Zone; U.S. Coast Guard Alaska. BSU Seattle, Pier 36, Elliot Bay, Seattle, 165.1704 Prince William Sound, Alaska-regu- WA. lated navigation area. 165.1335 Security Zone; Vessels Carrying 165.1706 Gastineau Channel, Juneau, Alas- Hazardous Cargo, Sector Columbia River ka—Safety Zone. Captain of the Port Zone. 165.1708 Tongass Narrows, Ketchikan, Alas- 165.1336 Regulated Navigation Area; Pacific ka—Safety Zone. Sound Resources and Lockheed Shipyard 165.1709 Security Zones: Liquefied Natural Superfund Sites, Elliott Bay, Seattle, Gas Tanker Transits and Operations at WA. Phillips Petroleum LNG Pier, Cook Inlet, 165.1337 Regulated Navigation Area, Zidell AK. Waterfront Property, Willamette River, 165.1710 Port Valdez and Valdez Narrows, OR. Valdez, Alaska—security zones. 165.1338 Regulated Navigation Area; Slip 4 165.1711 Security Zones; Waters of the Sev- Early Action Area Superfund Site, Lower enteenth Coast Guard District Duwamish Waterway, Seattle, WA. 165.1712 Safety Zones; Annual Independence 165.1339 Safety Zone; Coast Guard Exercise Day Firework Displays, Skagway, Area, Hood Canal, Washington. Haines, and Wrangell, AK. 165.1340 Safety Zone; Vigor Industrial Dry- 165.1713 Safety Zone; City of Valdez July dock Movement, West Duwamish Water- 4th Fireworks, Port Valdez; Valdez, AK. way; Seattle, WA. 165.1714 Safety Zone; Alaska Marine High- 165.1341 Regulated Navigation Area; Lake way System Port Valdez Ferry Terminal, Washington, Seattle, WA. Port Valdez; Valdez, AK.

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Subpart G—Protection of Naval Vessels § 165.5 Establishment procedures. 165.2010 Purpose. (a) A safety zone, security zone, or 165.2015 Definitions. regulated navigation area may be es- 165.2020 Enforcement authority. tablished on the initiative of any au- 165.2025 Atlantic Area. thorized Coast Guard official. 165.2030 Pacific Area. (b) Any person may request that a safety zone, security zone, or regulated AUTHORITY: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of navigation area be established. Except Homeland Security Delegation No. 0170.1. as provided in paragraph (c) of this section, each request must be submitted SOURCE: CGD 79–034, 47 FR 29660, July 8, in writing to either the Captain of the 1982, unless otherwise noted. Port or District Commander having ju- EDITORIAL NOTE: Nomenclature changes to risdiction over the location as depart 165 appear by USCG–2006–25556, 72 FR scribed in part 3 of this chapter, and in- 36328, 36329, July 2, 2007 and by USCG–2018– clude the following: 1049, 84 FR 7813, Mar. 5, 2019. (1) The name of the person submit- ting the request; Subpart A—General (2) The location and boundaries of the safety zone, security zone, or regu- § 165.1 Purpose of part. lated navigation area; The purpose of this part is to: (3) The date, time, and duration that (a) Prescribe procedures for estab- the safety zone, security zone, or regu- lishing different types of limited or lated navigation area should be estab- controlled access areas and regulated lished; (4) A description of the activities navigation areas; planned for the safety zone, security (b) Prescribe general regulations for zone, or regulated navigation area; different types of limited or controlled (5) The nature of the restrictions or access areas and regulated navigation conditions desired; and areas; (6) The reason why the safety zone, (c) Prescribe specific requirements security zone, or regulated navigation for established areas; and area is necessary. (d) List specific areas and their (c) Safety Zones and Security Zones. boundaries. If, for good cause, the request for a safety zone or security zone is made § 165.3 Definitions. less than 5 working days before the The following definitions apply to zone is to be established, the request this part: may be made orally, but it must be fol- Credential means any or all of the followed by a written request within 24 lowing: hours. (1) Merchant mariner’s document. (Requests for safety zones, security zones, (2) Merchant mariner’s license. and regulated navigation areas are approved (3) STCW endorsement. by the Office of Management and Budget (4) Certificate of registry. under control number 1625–0020) (5) Merchant mariner credential. [CGD 79–034, 47 FR 29660, July 8, 1982, as Merchant mariner credential or MMC amended by CGD 79–026, 48 FR 35408, Aug. 4, means the credential issued by the 1983; USCG–2006–25150, 71 FR 39211, July 12, 2006] Coast Guard under 46 CFR part 10. It combines the individual merchant § 165.7 Notification. mariner’s document, license, and cer- (a) The establishment of these lim- tificate of registry enumerated in 46 ited access areas and regulated naviga- U.S.C. subtitle II part E as well as the tion areas is considered rulemaking. STCW endorsement into a single cre- The procedures used to notify persons dential that serves as the mariner’s of the establishment of these areas qualification document, certificate of vary depending upon the circumstances identification, and certificate of serv- and emergency conditions. Notification ice. may be made by marine broadcasts, [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] local notice to mariners, local news

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media, distribution in leaflet form, and Act of 2002 (Pub. L. 107–295, 116 Stat. on-scene oral notice, as well as publica- 2064). Security zones established under tion in the FEDERAL REGISTER. either 46 U.S.C. 70116 or 46 U.S.C. 70051 (b) Notification normally contains may be established in waters subject to the physical boundaries of the area, the the jurisdiction of the United States as reasons for the rule, its estimated du- defined in § 2.38 of this chapter, includ- ration, and the method of obtaining au- ing the territorial sea to a seaward thorization to enter the area, if appli- limit of 12 nautical miles from the cable, and special navigational rules, if baseline. applicable. (d) Naval vessel protection zones. These (c) Notification of the termination of zones are issued under the authority of the rule is usually made in the same 14 U.S.C. 91 and 633 and may be estab- form as the notification of its established in waters subject to the jurisdic- lishment. tion of the United States as defined in § 2.38 of this chapter, including the ter- § 165.8 Geographic coordinates. ritorial sea to a seaward limit of 12 Geographic coordinates expressed in nautical miles from the baseline. terms of latitude or longitude, or both, [USCG–2001–9044, 68 FR 42602, July 18, 2003, as are not intended for plotting on maps amended by USCG–2006–25411, 71 FR 54421, or charts whose referenced horizontal Sept. 15, 2006; USCG–2018–1049, 84 FR 7813, datum is the North American Datum of Mar. 5, 2019] 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the Subpart B—Regulated Navigation NAD 83 reference may be plotted on Areas maps or charts referenced to NAD 83 only after application of the appro- § 165.10 Regulated navigation areas. priate corrections that are published A regulated navigation area is a on the particular map or chart being water area within a defined boundary used. for which regulations for vessels navigating within the area have been estab- [CGD 86–082, 52 FR 33811, Sept. 8, 1987] lished under this part. § 165.9 Geographic application of limited and controlled access areas § 165.11 Vessel operating requirements and regulated navigation areas. (regulations). (a) General. The geographic applica- Each District Commander may con- tion of the limited and controlled ac- trol vessel traffic in an area which is cess areas and regulated navigation determined to have hazardous condi- areas in this part are determined based tions, by issuing regulations: on the statutory authority under which (a) Specifying times of vessel entry, each is created. movement, or departure to, from, with- (b) Safety zones and regulated naviga- in, or through ports, harbors, or other tion areas. These zones and areas are waters; created under the authority of 46 (b) Establishing vessel size, speed, U.S.C. 70001–70041. Safety zones estab- draft limitations, and operating condi- lished under 46 U.S.C. 70116 and regu- tions; and lated navigation areas may be estab- (c) Restricting vessel operation, in a lished in waters subject to the jurisdic- hazardous area or under hazardous con- tion of the United States as defined in ditions, to vessels which have par- § 2.38 of this chapter, including the ter- ticular operating characteristics or ca- ritorial sea to a seaward limit of 12 pabilities which are considered nec- nautical miles from the baseline. essary for safe operation under the cir- (c) Security zones. These zones have cumstances. two sources of authority—46 U.S.C. Chapter 700, and the Act of June 15, [CGD 79–026, 48 FR 35408, Aug. 4, 1983] 1917, as amended by both the Magnuson Act of August 9, 1950 (‘‘Magnuson § 165.13 General regulations. Act’’), 46 U.S.C. 70051–54, and sec. 104 (a) The master of a vessel in a regu- the Maritime Transportation Security lated navigation area shall operate the

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

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Subpart F—Specific Regulated representative via Channel 16 (VHF– Navigation Areas and Limited FM) or 617–223–5757 (Sector Boston Access Areas Command Center). (e) Penalties. Those who violate this FIRST COAST GUARD DISTRICT section are subject to the penalties set forth in 33 U.S.C. 1232. § 165.T01–0023 Safety Zone; MBTA EFFECTIVE DATE NOTE: By USCG–2019–2019, Railroad Bridge Replacement 84 FR 65679, Nov. 29, 2019, § 165.T01–0023 was Project—Annisquam River, Glouces- added, effective Dec. 1, 2019, through June 30, ter, Massachusetts. 2023. (a) Location. The following area is a safety zone: All navigable waters with- § 165.T01–0575 Safety Zone; Boston in 100 yards of the Massachusetts Bay Harbor’s Improvement Dredging Transportation Authority (MBTA) Project, Boston, MA. Railroad Bridge, at mile 0.7, across the (a) Location. The following areas are Annisquam River, Gloucester, Massa- safety zones: All navigable waters from chusetts. surface to bottom, within a 100-yard ra- (b) Enforcement period. This section is dius centered on any vessel, barge or enforceable from 12:01 a.m. on Decem- dredging equipment while actively en- ber 1, 2019, to 11:59 p.m. on June 30, gaged in dredging operations, drilling, 2023. or blasting. All navigable waters from (c) Definitions. As used in this sec- surface to bottom, within a 500-yard ration: dius centered on the blasting worksite (1) Designated representative means while setting up for blasting, during any Coast Guard commissioned, war- blasting, and in the immediate after- rant, petty officer, or any Federal, math. state, or local law enforcement officer (b) Definitions. As used in this sec- who has been designated by the Cap- tion: tain of the Port (COTP) Boston, to act (1) Designated representative means on his or her behalf. The designated any Coast Guard commissioned, war- representative may be on an official rant, petty officer, or any federal, patrol vessel or may be on shore and state, or local law enforcement officer will communicate with vessels via who has been designated by the Cap- VHF–FM radio or loudhailer. In addi- tain of the Port (COTP) Boston, to act tion, members of the Coast Guard Aux- on his or her behalf. The designated iliary may be present to inform vessel representative may be on an official operators of this section. patrol vessel or may be on shore and (2) Official patrol vessels means any will communicate with vessels via Coast Guard, Coast Guard Auxiliary, VHF–FM radio or loudhailer. In addi- state, or local law enforcement vessels tion, members of the Coast Guard Aux- assigned or approved by the COTP Bos- iliary may be present to inform vessel ton to enforce this section. operators of this regulation. (d) Regulations. When this safety zone (2) Official patrol vessels means any is enforced, the regulations in para- Coast Guard, Coast Guard Auxiliary, graphs (d)(1) and (2) of this section, state, or local law enforcement vessels along with those contained in § 165.23 assigned or approved by the COTP Bos- apply: ton to enforce this section. (1) No person or vessel may enter or (c) Enforcement periods. This section remain in this safety zone without the is enforceable 24 hours a day through permission of the COTP Boston or the August 31, 2023. When enforced as COTP’s designated representatives. deemed necessary by the COTP Boston, However, any person or vessel per- vessels will be prohibited from entering mitted to enter the safety zone must this safety zone unless granted permis- comply with the directions and orders sion from the COTP Boston or the of the COTP Boston or the COTP’s des- COTP’s designated representative. ignated representatives. (d) Regulations. When this safety zone (2) To obtain permission required by is enforced, the following regulations, this section, individuals may reach the along with those contained in 33 CFR COTP Boston or a COTP-designated 165.23 apply:

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(1) No person or vessel may enter or assigned or approved by the COTP Bos- remain in this safety zone without the ton to enforce this section. permission of the COTP Boston or the (d) Regulations. When this safety zone COTP’s designated representatives. is enforced, the following regulations, However, any person or vessel per- along with those contained in 33 CFR mitted to enter the safety zone must 165.23 apply: comply with the directions and orders (1) No person or vessel may enter or of the COTP Boston or the COTP’s des- remain in this safety zone without the ignated representatives. permission of the COTP Boston or the (2) To obtain permission required by COTP’s designated representatives. this regulation, individuals may reach However, any person or vessel per- the COTP Boston or a COTP designated mitted to enter the safety zone must representative via Channel 16 (VHF– comply with the directions and orders FM) or 617–223–5757 (Sector Boston of the COTP Boston or the COTP’s des- Command Center). ignated representatives. (3) Upon being hailed by a U.S. Coast (2) To obtain permission required by Guard vessel by radio, siren, flashing this regulation, individuals may reach lights, or other means, the operator of the COTP Boston or a COTP-designated a vessel must proceed as directed. representative via Channel 16 (VHF– (e) Penalties. Those who violate this FM) or 617–223–5757 (Sector Boston section are subject to the penalties set Command Center). forth in 46 U.S.C. 70036. (3) Penalties. Those who violate this section are subject to the penalties set EFFECTIVE DATE NOTE: By USCG–2018–0575, 83 FR 45573, Sept. 10, 2018, § 165.T01–0575 was forth in 33 U.S.C. 1232. added, effective Sept. 10, 2018 through Aug. EFFECTIVE DATE NOTE: By USCG–2019–0606, 31, 2023. 85 FR 5136, Jan. 29, 2020, § 165.T01–0606 was added, effective Feb. 1, 2020, through Dec. 31, § 165.T01–0606 Safety Zone; North 2023. Washington Street Bridge Replace- ment Project—Charles River, Bos- § 165.T01–0682 Safety Zone—North ton, MA. Hero-Grand Isle Bridge, Lake (a) Location. The following area is a Champlain, VT. safety zone: All navigable waters with- (a) Location. The following area is a in 100 yards of the North Washington safety zone: All navigable waters on Street Bridge, Charles River, Boston, Lake Champlain, within a 50-yard ra- Massachusetts. dius of the center of the North Hero- (b) Enforcement Periods. This rule is Grand Isle Bridge that spans Lake enforceable from 12:01 a.m. on Feb- Champlain between North Hero Island ruary 1, 2020, to 11:59 p.m. on December and Grand Isle in position 44°45′57″ N, 31, 2023. 073°17′20″ W (NAD 83). (c) Definitions. As used in this sec- (b) Definitions. As used in this section: tion: (1) Designated representative means (1) Designated representative means any Coast Guard commissioned, war- any Coast Guard commissioned, warrant, petty officer, or any federal, rant, petty officer, or any federal, state, or local law enforcement officer state, or local law enforcement officer who has been designated by the Cap- who has been designated by the Cap- tain of the Port (COTP) Boston, to act tain of the Port (COTP) Northern New on his or her behalf. The designated England, to act on his or her behalf. representative may be on an official The designated representative may be patrol vessel or may be on shore and on an official patrol vessel or may be will communicate with vessels via on shore and will communicate with VHF–FM radio or loudhailer. In addi- vessels via VHF–FM radio or tion, members of the Coast Guard Aux- loudhailer. In addition, members of the iliary may be present to inform vessel Coast Guard Auxiliary may be present operators of this regulation. to inform vessel operators of this regu- (2) Official patrol vessels means any lation. Coast Guard, Coast Guard Auxiliary, (2) Official patrol vessels means any state, or local law enforcement vessels Coast Guard, Coast Guard Auxiliary,

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state, or local law enforcement vessels the purpose of enforcement of tem- assigned or approved by the COTP porary safety zone. Northern New England to enforce this EFFECTIVE DATE NOTE: By USCG–2018–0682, section. 83 FR 50505, Oct. 9, 2018, § 165.T01–0682 was (c) Effective and enforcement period. added, effective Oct. 9, 2018 through Sept. 1, This section is enforceable 24 hours a 2022. day from October 1, 2018, through Sep- tember 1, 2022. When enforced as § 165.T01–0843 Safety Zone; Barters Is- deemed necessary by the Captain of the land Bridge, Back River, Barters Is- Port (COTP) Northern New England, land, ME. vessels and persons will be prohibited (a) Location. The following area is a from entering this safety zone unless safety zone: All navigable waters on granted permission from the COTP Back River, within a 50-yard radius of Northern New England or the COTP’s the center point of the Barters Island designated representative. Bridge that spans Back River between (d) Regulations. When this safety zone Barters Island and Hodgdon Island in is enforced, the following regulations, position 43°52′51″ N, 069°40′19″ W (NAD along with those contained in § 165.23 83). apply: (b) Definitions. As used in this sec- (1) No person or vessel may enter or tion: remain in this safety zone without the Designated representative means any permission of the Captain of the Port Coast Guard commissioned, warrant, (COTP) Northern New England or the petty officer, or any federal, state, or COTP’s designated representative. local law enforcement officer who has However, any vessel that is granted been designated by the Captain of the permission to enter or remain in this Port (COTP) Northern New England, to zone by the COTP or the COTP’s des- act on his or her behalf. The designated ignated representative must proceed representative may be on an official through the zone with caution and op- patrol vessel or may be on shore and erate at a speed no faster than that will communicate with vessels via speed necessary to maintain a safe VHF–FM radio or loudhailer. In addi- course, unless otherwise required by tion, members of the Coast Guard Aux- the Navigation Rules. iliary may be present to inform vessel (2) Any person or vessel permitted to operators of this regulation. enter the safety zone shall comply with Official patrol vessels means any Coast the directions and orders of the COTP Guard, Coast Guard Auxiliary, state, or or the COTP’s designated representa- local law enforcement vessels assigned tive. Upon being hailed by a U.S. Coast or approved by the COTP Northern New Guard vessel by siren, radio, flashing England to enforce this section. lights, or other means, the operator of (c) Effective and enforcement period. a vessel within the zone shall proceed This rule is effective without actual as directed. Any person or vessel with- notice from December 7, 2018 through in the safety zone shall exit the zone 11:59 p.m. on January 31, 2021. For the when directed by the COTP or the purposes of enforcement, actual notice COTP’s designated representative. will be used from 12:01 a.m. on Decem- (3) To obtain permission required by ber 1, 2018 through December 7, 2018. this regulation, individuals may reach This rule will only be enforced during the COTP or the COTP’s designated operations on replacement of the Bar- representative via Channel 16 (VHF– ters Island Bridge or other instances FM) or (207)741–5465 (Sector Northern which may cause a hazard to naviga- New England Command Center). tion, or when deemed necessary by the (e) Penalties. Those who violate this Captain of the Port (COTP), Northern section are subject to the penalties set New England. forth in 46 U.S.C. 70036. (d) Regulations. The general regula- (f) Notification. Coast Guard Sector tions contained in § 165.23, as well as Northern New England will give notice the following regulations, apply: through the Local Notice to Mariners (1) No person or vessel may enter or and Broadcast Notice to Mariners for remain in this safety zone without the

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permission of the COTP or the COTP’s at any time unless they are working on designated representative. the bridge construction or have re- (2) To obtain permission required by ceived prior authorization by the First this regulation, individuals may reach District Commander or the Captain of the COTP or the COTP’s designated the Port (COTP), Sector Northern New representative via Channel 16 (VHF– England, or his designated representa- FM) or (207) 741–5465 (Sector Northern tive. New England Command Center). (2) Movement within this RNA is sub- (3) During periods of enforcement, ject to a ‘‘Slow-No Wake’’ speed limit. any person or vessel permitted to enter No vessels may produce a wake nor at- the safety zone shall comply with the tain speeds greater than five (5) knots directions and orders of the COTP or unless a higher minimum speed is nec- the COTP’s designated representative. essary to maintain bare steerageway. (4) During periods of enforcement, (3) No vessel with a beam greater upon being hailed by a U.S. Coast than 75 feet may transit this area un- Guard vessel by siren, radio, flashing lights, or other means, the operator of less they receive advance authorization a vessel within the zone must proceed by the First District Commander or as directed. Any person or vessel with- the Captain of the Port (COTP), Sector in the safety zone shall exit the zone Northern New England. when directed by the COTP or the (4) There may be times that the First COTP’s designated representative. District Commander or the COTP finds it necessary to close the RNA to vessel EFFECTIVE DATE NOTE: By USCG–2018–0843, traffic. Mariners will be advised of all 83 FR 63061, Dec. 7, 2018, § 165.T01–0843 was added, effective Dec. 7, 2018 through Jan. 31, closure dates and times via Local No- 2021. tice to Mariners and Broadcast Notice to Mariners in advance of closure § 165.T01–0890 Regulated Navigation times. During periods of closure, per- Area; Beals Island Bridge Replace- sons and vessels may request permis- ment, Moosabec Reach, Jonesport, sion to enter and transit the RNA by ME. contacting the COTP or the COTP’s on- (a) Regulated Navigation Area bound- scene representative on VHF–16 or via aries. The following area is a Regulated phone at 207–767–0303. Navigation Area (RNA): All navigable (5) Any vessels transiting within this waters of the Moosabec Reach between RNA must comply with all directions Jonesport, ME, and Beals, ME, from given to them by the COTP or the surface to bottom, within 150-yards of COTP’s on-scene representative. The the Beals Island Bridge. Encompassed ‘‘on-scene representative’’ of the COTP by a line connecting the following is any Coast Guard commissioned, war- points 44°31′19.8″ N., 67°36′44.1″ W. and rant or petty officer who has been des- then west along the shoreline to a ignated by the COTP to act on the point on land at position 44°31′20.1″ N., COTP’s behalf. The on-scene represent- 67°36′57.9″ W. and then north across the channel to a point on land at position ative may be on a Coast Guard vessel; 44°31′39.1″ N., 67°37′01.7″ W. and then or other designated craft; or on shore east along the shoreline to a point on and communicating with vessels via land at position 44°31′41.3″ N., 67°36′48.9″ VHF–FM radio or loudhailer. Members W. 3°10′04.944″ W. and then south across of the Coast Guard Auxiliary may be the channel back to the point of origin. present to inform vessel operators of These coordinates are based on [NAD this regulation. 83]. (6) All other relevant regulations, in- (b) Regulations. The general regula- cluding but not limited to the Rules of tions contained in 33 CFR 165.13 apply the Road, as codified in 33 CFR Sub- within the RNA. chapter E, Inland Navigational Rules, (1) Any vessel transiting through the remain in effect within this RNA and Beals Island Bridge must make a direct must be strictly followed at all times. passage using the main channel under (d) Penalties. Those who violate this the center span. No vessel may stop, section are subject to the penalties set moor, anchor, or loiter within the RNA forth in 46 U.S.C. 70036.

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(e) Enforcement period. This RNA’s (E) Grounding; speed and beam restrictions are en- (F) A loss of steering; or forceable 24 hours a day as long as this (G) Any other time a vessel may be RNA is in place. The Coast Guard will operating in a Hazardous Vessel Oper- enforce waterway closures only when ating Condition as defined in § 161.2 of necessary to protect people and vessels this Chapter. from hazards associated with bridge (ii) Double-hull tank barges are ex- construction. empt from paragraph (d)(1)(i) of this (f) Notification. Coast Guard Sector section. Northern New England will give notice (iii) The cognizant Captain of the through the Local Notice to Mariners Port (COTP), upon written application, and Broadcast Notice to Mariners re- may authorize an exemption from the garding enforcement of this RNA. requirements of paragraph (d)(1)(i) of Coast Guard Sector Northern New Eng- this section for— land will also notify the public to the (A) Any tank barge with a capacity greatest extent possible of any period of less than 25,000 barrels, operating in in which the Coast Guard will suspend an area with limited depth or width enforcement of this RNA. such as a creek or small river; or (B) Any tank barge operating on any EFFECTIVE DATE NOTE: By USCG–2017–0890, 82 FR 49110, Oct. 24, 2017, temporary § 165.T01– waters within the COTP Zone, if the 0890 was added, effective from Oct. 24, 2017, operator demonstrates to the satisfac- through Jan. 31, 2021. tion of the COTP that the barge em- ploys an equivalent level of safety to § 165.100 Regulated Navigation Area: that provided by the positive control Navigable waters within the First provisions of this section. Each request Coast Guard District. for an exemption under this paragraph (a) Regulated navigation area. All nav- must be submitted in writing to the igable waters of the United States, as cognizant COTP no later than 7 days that term is used in 33 CFR 2.36, within before the intended transit. the geographic boundaries of the First (iv) The operator of a towing vessel Coast Guard District, as defined in 33 engaged in towing any tank barge must CFR 3.05–1(b). immediately call for an escort or assist (b) Definitions. Terms used in this tug to render assistance in the event of section have the same meaning as any of the occurrences identified in those found in 33 CFR 157.03. Single- paragraph (d)(1)(i) of this section. hull identifies any tank barge that is (2) Enhanced communications. Each not a double-hull tank barge. vessel engaged in towing a tank barge (c) Applicability. This section applies must communicate by radio on marine to primary towing vessels engaged in band or Very High Frequency (VHF) towing tank barges carrying petroleum channel 13 or 16, and issue security oil in bulk as cargo in the regulated calls on marine band or VHF channel navigation area, or as authorized by 13 or 16, upon approach to the following the District Commander. places: (d) Regulations—(1) Positive control for (i) Execution Rocks Light (USCG barges. (i) Except as provided in para- Light List No. [LLNR] 21440). graph (d)(1)(iii) and paragraph 5 of this (ii) Matinecock Point Shoal Lighted section, each single hull tank barge, Gong Buoy 21 (LLNR 21420). unless being towed by a primary tow- (iii) 32A Buoy (LLNR 21380). ing vessel with twin-screw propulsion (iv) Cable and Anchor Reef Lighted and with a separate system for power Bell Buoy 28C (LLNR 21330). to each screw, must be accompanied by (v) Stratford Shoal (Middle Ground) an escort tug of sufficient capability to Light (LLNR 21260). promptly push or tow the tank barge (vi) Old Field Point Light (LLNR away from danger of grounding or col- 21275). lision in the event of— (vii) Approach to Stratford Point (A) A propulsion failure; from the south (NOAA Chart 12370). (B) A parted towing line; (viii) Falkner Island Light (LLNR (C) A loss of tow; 21170). (D) A fire; (ix) TE Buoy (LLNR 21160).

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(x) PI Buoy (LLNR 21080). (iv) Each owner or operator of a tank (xi) Race Rock Light (LLNR 19815). barge on an intra-port transit of not (xii) Valiant Rock Lighted Whistle more than four hours may prepare a Buoy 11 (LLNR 19825). voyage plan that contains: (xiii) 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 (xiv) Buzzards Bay Entrance Light section. (LLNR 630). (B) Current weather conditions in- (xv) Buzzards Bay Midchannel Light- cluding visibility, wind, and sea state. ed Buoy BB (LLNR 16055) This information may be entered in ei- (xvi) Cleveland East Ledge Light ther the voyage plan or towing vessel’s (LLNR 016080). log book. (xvii) Hog Island Channel Lighted (C) The channels of VHF radio to Buoys 1 (LLNR 16130) and 2 (LLNR monitor. 16135). (D) Other considerations such as (xviii) Approach to the Bourne availability of pilot, assist tug, berth, Bridge. and line-handlers, depth of berth at (xix) Approach to the Sagamore mean low water, danger areas, and se- Bridge. curity calls. (xx) Approach to the eastern en- (4) Navigation restriction areas. Unless trance of Cape Cod Canal. authorized by the cognizant COTP, no (3) Voyage planning. (i) Each owner or tank barge may operate in— operator of a towing vessel employed (i) The waters of Cape Cod Bay south to tow a tank barge shall prepare a of latitude 42°5′ North and east of lon- written voyage plan for each transit of gitude 70°25′ West; or the tank barge. (ii) The waters of Fishers Island (ii) The watch officer is authorized to Sound east of longitude 72°2′ West, and make modifications to the plan and west of longitude 71°55′ West. validate it as necessary. (5) Special Buzzards Bay regulations. (iii) Except as provided in paragraph (i) For the purposes of this section, (d)(3)(iv) of this section, each voyage ‘‘Buzzards Bay’’ is the body of water plan must contain: east and north of a line drawn from the (A) A description of the type, volume, southern tangent of Sakonnet Point, and grade of cargo. Rhode Island, in approximate position (B) Applicable information from nau- latitude 41°27.2′ North, longitude tical charts and publications, including 71°11.7′ West, to the Buzzards Bay En- Coast Pilot, Coast Guard Light List, trance Light in approximate position and Coast Guard Local Notice to Mari- latitude 41°23.48′ North, longitude ners, for the destination(s). 71°02.5′ West, and then to the south- (C) Current and forecasted weather, western tangent of Cuttyhunk Island, including visibility, wind, and sea state Massachusetts, at approximate posi- for the destination(s). tion latitude 41°24.6′ North, longitude (D) Data on tides and tidal currents 70°57.0′ West, and including all of the for the destination(s). Cape Cod Canal to its eastern entrance, (E) Forward and after drafts of the except that the area of New Bedford tank barge, and under-keel and vertical harbor within the confines (north) of clearances for each port and berthing the hurricane barrier, and the passages area. through the Elizabeth Islands, is not (F) Pre-departure checklists. considered to be ‘‘Buzzards Bay’’. (G) Calculated speed and estimated (ii) Additional positive control for times of arrival at proposed waypoints. barges. Except as provided in paragraph (H) Communication contacts at Ves- (d)(1)(iii) of this section, each single sel Traffic Service (VTS) (if applica- hull tank barge transiting Buzzards 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

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of grounding or collision in the event (B) [Reserved] of— (e) In addition to the authority for (A) A propulsion failure; this part 165, this section is also au- (B) A parted tow line; thorized under authority of section 311, (C) A loss of tow; Pub. L. 105–383. (D) A fire; [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as (E) Grounding; amended by CGD01–98–151, 64 FR 12749, Mar. (F) A loss of steering; or 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, (G) Any other time a vessel may be 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; operating in a Hazardous Vessel Oper- CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 ating Condition as defined in § 161.2 of FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR this subchapter. 35016, June 19, 2008; USCG–2015–0433, 80 FR 44283, July 27, 2015; USCG–2016–0498, 82 FR (iii) Federal pilotage. Each single hull 35088, July 28, 2017] tank barge transiting Buzzards Bay and carrying 5,000 or more barrels of oil § 165.101 Kittery, Maine—regulated or other hazardous material must be navigation area. under the direction and control of a (a) The following is a regulated navi- pilot, who is not a member of the crew, gation area—Waters within the bound- operating under a valid, appropriately aries of a line beginning at 43°04′50″ N, endorsed, Federal first class pilot’s li- 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ cense issued by the Coast Guard (‘‘fed- W; then to 43°04′59″ N, 70°44′46″ W; then erally licensed pilot’’). Pilots are re- to 43°05′05″ N, 70°44′32″ W; then to quired to embark, direct, and control 43°05′03″ N, 70°44′30″ W; then to the be- from the primary tug during transits of ginning point. Buzzards Bay. (b) Regulations. No vessel may oper- (iv) In addition to the vessels denoted ate in this area at a speed in excess of in § 161.16 of this chapter, requirements five miles per hour. set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting § 165.102 Security Zone: Walkers Point, VMRS Buzzards Bay required to carry Kennebunkport ME. a bridge-to-bridge radiotelephone by (a) Location. The following area is a part 26 of this chapter. security zone: From point of land lo- (A) A VMRS Buzzards Bay user must: cated on Cape Arundel at latitude (1) Not enter or get underway in the 43°20.4′ North, Iongitude 070°28.0′ West; area without first notifying the VMRS thence to a point approximately 500 Center; yards southwest of Walkers Point lo- (2) Not enter VMRS Buzzards Bay if a cated at latitude 43°20.2′ North, lon- Hazardous Vessel Operating Condition gitude 070°27.9′ West; thence to a point or circumstance per § 161.2 of this Sub- located approximately 500 yards south chapter exists; of Walkers Point at latitude 43°20.1′ (3) If towing astern, do so with as North, longitude 070°27.6′ West; thence short a hawser as safety and good sea- to a point located approximately manship permits; southeast of Walkers Point at latitude (4) Not meet, cross, or overtake any 43°20.4′ North, longitude 070°27.2′ West; other VMRS user in the area without thence to an unnamed point of land lo- first notifying the VMRS center; cated at 43°20.9′ North, longitude (5) Before meeting, crossing, or over- 070°27.1′ West; thence along the shore- taking any other VMRS user in the line of Walkers Point to the beginning area, communicate on the designated point. The aforementioned offshore po- vessel bridge-to-bridge radiotelephone sitions are approximated by white frequency, intended navigation move- buoys marked in orange indicating an ments, and any other information nec- exclusionary area. essary in order to make safe passing (b) Regulations. (1) In accordance with arrangements. This requirement does the general regulations in § 165.33 of not relieve a vessel of any duty pre- this part, entry into this zone is pro- scribed by the Navigation Rules hibited unless authorized by the Cap- (COLREGS and their associated An- tain of the Port, Portland, Maine. Sec- nexes and Inland Navigation Rules (33 tion 165.33 also contained other general CFR subchapter E)). requirements.

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

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pay a port call, in the Portland, Maine, ginning at position 42°53′58″ N, 070°51′06″ Captain of the Port zone as delineated W then running along the property in 33 CFR 3.05–15. boundaries of Seabrook Nuclear Power (b) Location. The following areas are Plant to position 42°53′46″ N, 070°51′06″ security zones: W. All coordinates reference 1983 North (1) All navigable waters within the American Datum (NAD 83). Portland, Maine, Captain of the Port (b) Regulations. (1) In accordance with Zone, extending from the surface to the the general regulations in § 165.33 of sea floor, within a 100-yard radius of this part, entry into or movement any passenger vessel that is anchored, 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 patrol personnel. On-scene Coast Guard [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] patrol personnel include commissioned, warrant and petty officers of the Coast § 165.110 Safety and Security Zone; Guard on board Coast Guard, Coast Liquefied Natural Gas Carrier Guard Auxiliary, and local, state and Transits and Anchorage Operations, federal law enforcement vessels. Emer- Boston, Massachusetts. gency response vessels are authorized (a) Definitions. As used in this sec- to move within the zone, but must tion— abide by restrictions imposed by the Authorized representative means a COTP or his designated representative. Coast Guard commissioned, warrant, or (3) No person may swim upon or petty officer or a Federal, State, or below the surface of the water within local law enforcement officer des- the boundaries of these security zones ignated by or assisting the Captain of unless previously authorized by the the Port (COTP) Boston. COTP or his designated representative. (d) Enforcement. The Captain of the Deepwater port means any facility or Port will enforce these zones and may structure meeting the definition of enlist the aid and cooperation of any deepwater port in 33 CFR 148.5. Federal, state, county, municipal, or Support vessel means any vessel meet- private agency to assist in the enforce- ing the definition of support vessel in ment of the regulation. 33 CFR 148.5. (b) Location. The following areas are [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] safety and security zones: § 165.106 Security Zone: Seabrook Nu- (1) Vessels underway. All navigable clear Power Plant, Seabrook, New waters of the United States within the Hampshire. Captain of the Port (COTP) Boston (a) Location. The following area is a zone, as defined in 33 CFR 3.05–10, two security zone: All land and waters miles ahead and one mile astern, and within 250 yards of the waterside prop- 500 yards on each side of any liquefied erty boundary of Seabrook Nuclear natural gas carrier (LNGC) vessel while Power Plant identified as follows: be- underway.

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(2) Vessels anchored in the Broad (1) Around the U.S.S. Constitution or Sound. All waters within a 500-yard ra- any accompanying parade vessels when dius of any anchored LNGC vessel lo- Constitution is under way—300 yards in cated in the waters of Broad Sound all directions in the waters around the bounded by a line starting at position U.S.S. Constitution and each parade ves- 42 deg. 25′ N, 070 deg. 58′ W; then run- sel accompanying Constitution when- ′ ning southeast to position 42 deg. 22 N, ever the U.S.S. Constitution is under- ′ 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). (3) Vessels moored at the Distrigas LNG (2) Whenever Constitution is moored facility. All waters within a 400-yard ra- at Pier 1, Charlestown Navy Yard—the dius of any LNGC vessel moored at the waters between Hoosac Pier and Pier 1, Distrigas LNG facility in Everett, MA. Charlestown Navy Yard, from the (4) Vessels calling on a deepwater port. imaginary line connecting the outer All waters within a 500-meter radius of easternmost point protruding into Bos- any LNGC engaged in regasification or ton Harbor from Hoosac Pier to the transfer, or otherwise moored, an- outer westernmost point protruding chored, or affixed to a deepwater port into Boston Harbor from Pier 1, listed in 33 CFR 150.490 and falling Charlestown Navy Yard, extending in- within the waters of the Boston COTP bound along the face of both piers to Zone, as defined in 33 CFR 3.05–10. the landside points where both piers (c) Regulations. (1) In accordance with end. the general regulations in Sec. 165.23 (3) Around the U.S.S. Constitution— and Sec. 165.33 of this part, entry into fifty yards in all directions in the or movement within these zones is pro- waters around Constitution when the hibited unless authorized by the Cap- vessel is moored at any Boston berth- tain of the Port Boston, or his/her au- ing location other than Pier 1, Charles- thorized representative. town Navy Yard. (2) No person or vessel may enter the waters within the boundaries of the (b) The general regulations governing safety and security zones described in safety zones as contained in 33 CFR paragraph (b) of this section unless pre- 165.23 apply. viously authorized by the COTP Bos- [CGD1 91–109, 57 FR 30407, July 9, 1992] ton, or his/her authorized representative. However, LNGCs and support ves- § 165.112 Safety Zone: USS CASSIN sels, as defined in 33 CFR 148.5, oper- YOUNG, Boston, Massachusetts. ating in the vicinity of NEGDWP are (a) Location. The following area is a authorized to enter and move within safety zone: such zones in the normal course of their operations following the require- Around the USS CASSIN YOUNG ments set forth in 33 CFR 150.340 and (DD–793) and any accompanying parade 150.345, respectively. vessels when the USS CASSIN YOUNG (3) All vessels operating within the is underway. The zone extends 100 safety and security zones described in yards in all directions in the waters paragraph (b) of this section must com- around the USS CASSIN YOUNG and ply with the instructions of the COTP accompanying parade vessels whenever or his/her authorized representative. the USS CASSIN YOUNG is underway in Boston Harbor from the time the [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as amended by USCG–2007–0087, 73 FR 34194, USS CASSIN YOUNG departs its berth June 17, 2008] until it is safely moored. (b) Regulations. The general regula- § 165.111 Safety Zone: Boston Harbor, tions governing safety zones as con- Boston, Massachusetts. tained in 33 CFR 165.23 apply. (a) The following areas are established as safety zones during the condi- [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] tions specified:

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

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(2) All vessel operators shall comply abeam of any vessel moored at the with the instructions of the COTP or Massachusetts Port Authority Black the designated on-scene U.S. Coast Falcon Terminal; Guard patrol personnel. On-scene Coast (2) Boston Inner Harbor. All waters of Guard patrol personnel include com- Boston Harbor within one hundred (100) missioned, warrant, and petty officers feet of the Coast Guard Integrated Sup- of the Coast Guard on board Coast port Command (ISC) Boston piers and; Guard, Coast Guard Auxiliary, local, (3) Salem Harbor. All waters of Salem state, and federal law enforcement ves- Harbor within a two-hundred and fifty sels. (250) yard radius of the center point of [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as the PG & E Power Plant Terminal amended by CGD01–01–227, 67 FR 63265, Oct. Wharf, Salem, MA, located at 42°31.33′ 11, 2002] N, 070°52.67′ W when a vessel is moored § 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- (2) All vessel operators shall comply iary, local, state, and federal law en- with the instructions of the COTP or forcement vessels. the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast (3) No person may enter the waters or Guard patrol personnel include com- land area within the boundaries of the missioned, warrant, and petty officers safety and security zones unless pre- of the Coast Guard on board Coast viously authorized by the Captain of Guard, Coast Guard Auxiliary, local, the Port, Boston or his authorized pa- state, and federal law enforcement ves- trol representative. sels. [CGD01–02–016, 67 FR 45909, July 11, 2002, as (3) No person may enter the waters or amended by USCG–2009–0416, 74 FR 27441, land area within the boundaries of the June 10, 2009] safety and security zones unless previously authorized by the Captain of § 165.117 Regulated Navigation Areas, the Port, Boston or his authorized pa- Safety and Security Zones: Deep- trol representative. water Ports, First Coast Guard Dis- trict. [CGD01–02–002, 67 FR 37693, May 30, 2002, as amended by USCG–2009–0311, 74 FR 50925, Oct. (a) Location—(1) Regulated navigation 2, 2009] areas. All waters within a 1,000 meter radius of the geographical positions set § 165.116 Safety and Security Zones; Salem and Boston Harbors, Massa- forth in paragraph (a)(3) of this section chusetts. are designated as regulated navigation areas. (a) Location. The following areas are permanent safety and security zones: (2) Safety and security zones. All (1) Reserved Channel, Boston Harbor. waters within a 500-meter radius of the All waters of Boston Harbor within one geographic positions set forth in para- hundred fifty (150) yards off the bow graph (a)(3) of this section are des- and stern and one hundred (100) yards ignated as safety and security zones.

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

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www.navcen.uscg.gov/. The Sector Bos- times, or dates and times as modified ton Marine Events schedule can also be through the LNM, unless authorized by viewed electronically at: http:// an official patrol vessel. www.homeport.uscg.mil. Although listed (d) The Patrol Commander may con- in the Code of Federal Regulations, trol the movement of all vessels in the sponsors of events listed in Table 1 of regulated area. When hailed or signaled this section are still required to submit by an official patrol vessel, a vessel a marine event permit application each shall come to an immediate stop and year in accordance with 33 CFR 100.15. comply with the lawful directions (a) The Coast Guard may patrol each issued. Failure to comply with a lawful event area under the direction of a des- direction may result in expulsion from ignated Coast Guard Patrol Com- the area, citation for failure to comply, mander. The Patrol Commander may or both. be contacted on Channel 16 VHF–FM (e) The Patrol Commander may delay (156.8 MHz) by the call sign or terminate any marine event in this ‘‘PATCOM.’’ Official patrol vessels subpart at any time it is deemed nec- may consist of any Coast Guard, Coast essary to ensure the safety of life or Guard Auxiliary, state, or local law en- property. Such action may be justified forcement vessels assigned or approved as a result of weather, traffic density, by the Captain of the Port, Sector Bos- spectator operation or participant be- ton. havior. (b) Vessels may not transit the regu- (f) For all fireworks displays listed lated areas without Patrol Commander below, the regulated area is that area approval. Vessels permitted to transit of navigable waters within a 350-yard must operate at a no wake speed, in a radius of the launch platform or launch manner which will not endanger par- site for each fireworks display, unless ticipants or other crafts in the event. modified in the LNM at: http:// (c) Spectators or other vessels shall www.navcen.uscg.gov/. not anchor, block, loiter, or impede the (g) For all swimming events listed, movement of event participants or offi- vessels not associated with the event cial patrol vessels in the regulated shall maintain a distance of at least 100 areas during the effective dates and 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 No- tice to Mariners. • Time: 10:00 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 70°48.4′ W (NAD 83). 6.2 St. Peter’s Fiesta Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Peters Fiesta. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:00 p.m. to 10:00 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 6.3 Surfside Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership and Chamber of Commerce. • Date: Every Saturday from June through September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:30 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach, MA, within a 350-yard radius of the fireworks barge located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 6.4 Cohasset Triathlon ...... • Event Type: Swim. • Sponsor: Bill Burnett.

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TABLE 1—Continued • Date: A one-day event on Sunday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 08:30 a.m. to 10:00 a.m. • Location: All waters in the vicinity of Cohasset Harbor around Sandy Beach, within the following points (NAD 83): 42°15.6′ N, 070°48.1′ W. 42°15.5′ N, 070°48.1′ W. 42°15.4′ N, 070°47.9′ W. 42°15.4′ N, 070°47.8′ W. 6.5 Hull Youth Football Carnival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hull Youth Football. • Date: A one-night event on the third or fourth weekend of June, as specified in the USCG District 1 Local Notice to Mariners Time: 9:00 p.m. to 11:00 p.m. • Location: All waters within a 450-foot radius of the fireworks barge located approximately 500 feet of off Nantasket Beach, Hull MA located at position 42°16.6′ N, 070°51.7′ W (NAD 83).

7.0 July

7.1 City of Lynn 4th of July Celebration Fireworks ...... • Event Type: Firework Display. • Sponsor: City of Lynn. • Date: July 3rd, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 6:00 p.m. to 11:00 p.m. • Location: All waters of Nahant Bay, within a 350-yard radius of the fireworks barge located at position 42°27.62 ′ N, 070°55.58′ W (NAD 83). 7.2 Gloucester July 4th Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: The Gloucester Fund. • Date: July 3rd, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:30 p.m. to 11:00 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 7.3 Manchester by the Sea Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Manchester Parks and Recreation Department. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 10:00 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site barge located at position 42°35.03′ N, 070°45.52′ W (NAD 83). 7.4 Weymouth 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Weymouth 4th of July Committee. • Date: Friday or Saturday during the first weekend before July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 p.m. to 10:30 p.m. • Location: All waters of Weymouth Fore River, within a 350- yard radius of the fireworks launch site located at position 42°15.5′ N, 070°56.1′ W (NAD 83). 7.5 Beverly 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks launch barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 7.6 Beverly Farms 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Farms-Pride 4th of July Committee. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 9:30 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site near West Beach located at position 42°33.84′ N, 070°48.5′ W (NAD 83). 7.7 Boston Pops Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boston 4 Celebrations. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners.

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TABLE 1—Continued • Time: 8:30 p.m. to 11:00 p.m. • Location: All waters of the Charles River within a 350-yard radius of the fireworks barges located in the vicinity of position 42°21.47′ N, 071°05.03′ W (NAD 83). 7.8 City of Salem Fireworks ...... • Event Type: Fireworks Display. • Sponsor: City of Salem. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Salem Harbor, within a 350-yard radius of the fireworks launch site located on Derby Wharf at position 42°31.15′ N, 070°53.13′ W (NAD 83). 7.9 Marblehead 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Marblehead. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 9:30 p.m. • Location: All waters of Marblehead Harbor within a 350-yard radius of the fireworks launch site located at position 42°30.34′ N, 070°50.13′ W (NAD 83). 7.10 Plymouth 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: July 4 Plymouth, Inc. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks launch site located at position 42°57.3′ N, 070°38.3′ W (NAD 83). 7.11 Town of Nahant Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Nahant. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Nahant Harbor within a 350-yard radius of the fireworks launch site on Bailey’s Hill Park located at position 42°25.1′ N, 070°55.8′ W (NAD 83). 7.12 Town of Revere Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Revere. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Broad Sound, within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 7.13 Yankee Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Yankee Homecoming. • Date: A one-day event on Saturday during the last weekend of July or first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of the Merrimack River, within a 350- yard radius of the fireworks launch site located at position 42°48.97′ N, 070°52.68′ W (NAD 83). 7.14 Hingham 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hingham Lions Club. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:00 p.m. to 10:00 p.m. • Location: All waters within a 350-yard radius of the beach on Button Island located at position 42°15.07′ N, 070°53.03′ W (NAD 83). 7.15 Ipswich Independence Day Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Trustees of the Foundation. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Ipswich Bay within a 350-yard radius of the beach located at position 42°41.43′ N, 070°46.49′ W (NAD 83). 7.16 Salisbury Maritime Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-day event on Saturday during the third weekend of July, as specified in the USCG District 1 Local Notice to Mariners.

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TABLE 1—Continued • Time: 10:00 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.17 Salisbury 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:30 p.m. to 11:00 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.18 Charles River 1-Mile Swim ...... • Event Type: Swim. • Sponsor: Charles River Swimming Club, Inc. • Date: A one-day event held on the second Sunday in July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 a.m. to 9:00 a.m. Location: All waters of Charles River between the Longfellow Bridge and the Harvard Bridge within the following points (NAD 83): 42°21.7′ N, 071°04.8′ W. 42°21.7′ N, 071°04.3′ W. 42°22.2′ N, 071°07.3′ W. 42°22.1′ N, 070°07.4′ W. 7.19 Swim Across America Boston ...... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Friday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 3:00 p.m. • Location: All waters of Boston Harbor between Rowes Warf and Little Brewster Island within the following points (NAD 83): 42°21.4′ N, 071°03.0′ W. 42°21.5′ N, 071°02.9′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 7.20 Joppa Flats Open Water Mile ...... • Event Type: Swim. • Sponsor: Newburyport YMCA. • Date: A one-day event on Saturday during the last week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 3:00 p.m. to 5:00 p.m. • Location: All waters of the Merrimack River located in the Joppa Flats within the following points (NAD 83): 42°48.6′ N, 070°50.9′ W. 42°48.6′ N, 070°49.4′ W. 42°48.0′ N, 070°49.4′ W. 42°48.0′ N, 070°57.0′ W. 7.21 Swim Across America Nantasket Beach ...... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Sunday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 9:30 a.m. • Location: All waters of Massachusetts Bay near Nantasket Beach within the following points (NAD 83): 42°16.7′ N, 070°51.9′ W. 42°16.9′ N, 070°51.3′ W. 42°16.3′ N, 070°50.5′ W. 42°16.1′ N, 070°51.0′ W.

8.0 August

8.1 Beverly Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: A one-day event on Sunday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 8.2 Celebrate Revere Fireworks ...... • Event Type: Fireworks Display.

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TABLE 1—Continued • Sponsor: Town of Revere. • Date: A one-day event on Saturday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 8.3 Gloucester Fisherman Triathlon ...... • Event Type: Swim. • Sponsor: Gloucester Fisherman Athletic Association. • Date: A one-day event on Sunday during the Second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:30 a.m. to 8:30 a.m. • Location: All waters of Western Harbor, within the following points (NAD 83): 42°36.6′ N, 070°40.3′ W. 42°36.5′ N, 070°40.2′ W. 42°36.4′ N, 070°40.7′ W. 42°36.5′ N, 070°40.7′ W. 8.4 Urban Epic Triathlon ...... • Event Type: Swim. • Sponsor: Tri-Maine/Urban Epic Events. • Date: A one-day event on Sunday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 10:00 a.m. • Location: All waters of Dorchester Bay within the following points (NAD 83): 42°18.9′ N, 071°02.0′ W. 42°18.9′ N, 071°01.8′ W. 42°19.5′ N, 071°01.8′ W. 42°19.8′ N, 071°02.2′ W. 8.5 Celebrate the Clean Harbor Swim ...... • Event Type: Swim. • Sponsor: New England Marathon Swimming Association. • Date: A one-day event on Saturday during the third week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 a.m. to 12:00 p.m. • Location: All waters of Gloucester Harbor within the following points (NAD 83): 42°35.3′ N, 070°39.8′ W. 42°35.9′ N, 070°39.2′ W. 42°35.9′ N, 070°39.8′ W. 42°35.3′ N, 070°40.2′ W. 8.6 Boston Light Swim ...... • Event Type: Swim. • Sponsor: Boston Light Swim. • Date: A one-day event on Sunday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 a.m. to 1:00 p.m. • Location: All waters of Boston Harbor between the L Street Bath House and Little Brewster Island within the following points (NAD 83): 42°19.7′ N, 071°02.2′ W. 42°19.9′ N, 071°10.7′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 8.7 Sharkfest Swim ...... • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on Sunday during the last week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10:00 a.m. to 12:00 p.m. • Location: All waters of Old Harbor from near Columbia Point to Carson Beach within the following points (NAD 83): 42°19.1′ N, 071°02.2′ W. 42°19.2′ N, 071°01.9′ W. 42°19.7′ N, 071°02.8′ W. 42°19.4′ N, 071°02.9′ W. 8.8 The Boston Triathlon ...... • Event Type: Swim. • Sponsor: Wilkinson Enterprises, Inc. • Date: A one-day event on the second or third weekend of August, as specified in the USCG District 1 Local Notice to Mariners.

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TABLE 1—Continued • Time: 7:00 a.m. to 10:00 a.m. • Location: All waters of Boston Inner Harbor, Piers Park East Boston to Columbus Park, Boston, Ma within the following points (NAD 83): 42°21.7′ N, 071°02.1′ W. 42°21.6′ N, 071°02.8′ W. 42°21.7′ N, 071°02.8′ W. 42°21.8′ N, 071°02.4′ W.

9.0 September

9.1 Gloucester Schooner Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Stage Fort Park Gloucester. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:00 p.m. to 11:00 p.m. • Location: All waters of Gloucester Harbor within a 350-yard radius of the launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 9.2 Plymouth Yacht Club Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Plymouth Yacht Club. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks barge located at position 41°22.3′ N, 070°39.4′ W (NAD 83). 9.3 Somerville Riverfest Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Federal Realty Investment Trust. • Date: A one-day event on Saturday during the last weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:30 p.m. to 10:00 p.m. • Location: All waters of the Mystic River within a 350-yard radius of the fireworks barge located at position 42°23.9′ N, 071°04.8′ W (NAD 83). 9.4 Mayflower Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:00 a.m. to 11:00 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.5 Plymouth Rock Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Sunday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:00 a.m. to 9:30 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.6 Duxbury Beach Triathlon ...... • Event Type: Swim. • Sponsor: Duxbury Beach Triathlon. • Date: A one-day event on Saturday during the third weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 08:30 a.m. to 09:30 a.m. • Location: All waters of Duxbury Bay on the south side of the Powder Point Bridge within the following points (NAD 83): 42°02.8′ N, 070°39.1′ W. 42°03.0′ N, 070°38.7′ W. 42°02.8′ N, 070°38.6′ W. 42°02.7′ N, 070°39.0′ W.

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TABLE 1—Continued 9.7 Boston Harbor Sharkfest Swim ...... • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on a Saturday during the second or third weekend in September, as specified in the USCG Dis- trict 1 Local Notice to Mariners. • Time: 10:00 a.m. to 1:00 p.m. • Location: All waters of Boston Inner Harbor, Piers Park East Boston to Fan Pier, South Boston, Ma within the following points (NAD 83): 42°21.7′ N, 071°02.1′ W. 42°21.8′ N, 071°02.4′ W. 42°21.3′ N, 071°02.9′ W. 42°21.3′ N, 071°02.3′ W.

10.0 October

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

12.0 December

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

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

§ 165.119 Safety Zone; Captain of the cated off of the Fan Pier, South Bos- Port Boston Fireworks display ton, MA. zones, Boston Harbor, Boston, MA. (4) Pier 6 Safety Zone. All U.S. navi- (a) Boston Inner Harbor. The following gable waters of Boston inner Harbor areas are designated as safety zones: within a 700-foot radius of the fire- (1) Charlestown Safety Zone. All U.S. works barge in approximate position ° ′ ″ ° ′ ″ navigable waters of Boston inner Har- 42 21 11.9 N 071 02 1.3 W (NAD 1983), located off of Pier 6, South Boston, MA. bor within a 700-foot radius of the fireworks barge in approximate position (5) North Jetty Safety Zone. All U.S. navigable waters of Boston inner Har- 42°22′12.7″ N 071°02′53″ W (NAD 1983), lo- bor within a 700-foot radius of the fire- cated off of Pier 5 Charlestown Navy works barge in approximate position Yard. 42°21′01″ N 071°01′31.7″ W (NAD 1983), lo- (2) Long Wharf Safety Zone. All U.S. cated off of the North Jetty, South navigable waters of Boston inner Har- Boston, MA. bor within a 700-foot radius of the fire- (6) Castle Island Safety Zone. All U.S. works barge in approximate position navigable waters of Boston inner Har- ° ′ ″ ° ′ ″ 42 21 41.2 N 071 02 36.5 W (NAD 1983), bor within a 700-foot radius of the fire- located off of Long Wharf, Boston MA. works barge in approximate position (3) Fan Pier Safety Zone. All U.S. nav- 42°20′27.4″ N 071°00′28.1″ W (NAD 1983), igable waters of Boston inner Harbor located off of the Castle Island, South within a 700-foot radius of the fire- Boston, MA. works barge in approximate position (b) Notification. Coast Guard Sector 42°21′23.2″ N 071°02′26″ W (NAD 1983), lo- Boston will use all appropriate means

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to notify the public in advance of an with the instructions of the COTP or event of the enforcement of these safe- the designated on-scene representative. ty zones to include publishing a Notice Upon being hailed by a U.S. Coast of Enforcement in the FEDERAL REG- Guard vessel by siren, radio, flashing ISTER and through the local Notice to light, or other means, the operator of a Mariners and Broadcast Notice to vessel shall proceed as directed. Mariners. Fireworks barges used in (g) Vessel operators desiring to enter these locations will also have a sign on or operate within a safety zone during their port and starboard side labeled a period of enforcement shall contact ‘‘FIREWORKS—STAY AWAY’’. This the COTP or the designated on-scene sign will consist of a ten inch high by representative via VHF channel 16 or one and half inch wide red lettering on 617–223–5757 (Sector Boston Command a white background. Center) to obtain permission. (c) Enforcement period. The Coast Guard anticipates that these safety [USCG–2013–0503, 79 FR 26848, May 12, 2014] zones will be enforced between 6:00 p.m. (e.s.t.) and 1:00 a.m. (e.s.t.). The exact § 165.120 Security Zone, John Joseph Moakley United States Courthouse, dates and times will be published as de- Boston, MA. scribed in paragraph (b) of this section. (d) Definitions. For purposes of this (a) Location. This security zone en- section ‘‘Designated representative’’ is compasses all U.S. navigable waters, any Coast Guard commissioned, war- from surface to bottom, within five rant, or petty officer who has been des- hundred (500) yards of the John Joseph ignated by the Captain of the Port Bos- Moakley United States Courthouse ton (COTP) to act on the COTP’s be- (Moakley Courthouse) in Boston, MA, half. The designated representative and following any natural waterside may be on an Official Patrol Vessel; Of- seawall configuration. ficial Patrol Vessel may consist of any (b) Regulations. While this security Coast Guard, Coast Guard Auxiliary, zone is being enforced, the following state, or local law enforcement vessels regulations, along with those con- assigned or approved by the COTP or tained in 33 CFR 165.33, apply: the designated representative may be (1) No person or vessel may enter or on shore and will communicate with remain in this security zone without vessels via VHF–FM radio or the permission of the Captain of the loudhailer. In addition, members of the Port (COTP), Sector Boston. However, Coast Guard Auxiliary may be present the COTP hereby grants vessels per- to inform vessel operators of this regu- mission to enter this security zone as lation. long as such vessels proceed through (e) No vessels, except for fireworks the area with caution and operate at a barges and accompanying vessels, will speed no faster than that speed nec- be allowed to enter into, transit essary to maintain a safe course, un- through, or anchor within one of the less otherwise required by the Naviga- aforementioned safety zones during an tion Rules as published in 33 CFR part enforcement period without the per- 83 and remain beyond one hundred (100) mission of the COTP or the designated yards of the Moakley Courthouse in representative. Boston, MA, following any natural wa- (f) All persons and vessels permitted terside seawall configuration enclosed to enter one of these safety zones dur- by a line connecting the following ing an enforcement period shall comply points:

Latitude Longitude

42°21′15″ N ...... 71°02′54″ W.; Bounded by the curvature of the seawall, thence to 42°21′18″ N ...... 71°02′43″ W.; thence to 42°21′20″ N ...... 71°02′40″ W.; Bounded by 100 yards off the curvature of the seawall, thence to 42°21′16″ N ...... 71°02′57″ W.; thence to point of origin.

(2) Although vessels have permission curity zone under the conditions men- to enter the five hundred (500) yards se- tioned in the preceding paragraph, no

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person or vessel may come within one § 165.121 Safety and Security Zones: hundred (100) yards of the Moakley High Interest Vessels, Narragansett Courthouse under any conditions un- Bay, Rhode Island. less given express permission from the (a) Location. (1) All waters of Rhode COTP or the COTP’s designated rep- Island Sound within a 1⁄2 mile radius of resentatives. any high interest vessel while the ves- (3) Any person or vessel permitted to sel is anchored within 1⁄2 mile of the enter the security zone shall comply point Latitude 41°25′ N, Longitude 71°23′ with the directions and orders of the W in the Narragansett Bay Pre- COTP or the COTP’s representatives. cautionary Area. Upon being hailed by siren, radio, (2) All waters of Rhode Island Sound, flashing lights, or other means, the op- Narragansett Bay, the Providence and erator of a vessel within the zone shall Taunton Rivers 2 miles ahead and 1 proceed as directed. Any person or ves- mile astern, and extending 1000 yards sel within the security zone shall exit on either side of any high interest ves- the zone when directed by the COTP or sel transiting Narragansett Bay, or the the COTP’s representatives. Providence and Taunton Rivers. (4) To obtain permissions required by (3) All waters and land within a 1000- this regulation, individuals may reach yard radius of any high interest vessel the COTP or a COTP representative via moored at a waterfront facility in the VHF channel 16 or 617–223–5757 (Sector Providence Captain of the Port zone. Boston Command Center) to obtain (b) High interest vessels defined. For permission. purposes of this section, high interest (5) Penalties. Those who violate this vessels operating in the Providence section are subject to the penalties set Captain of the Port zone include the forth in 46 U.S.C. 70036 and 46 U.S.C. following: barges or ships carrying liq- 70052. uefied petroleum gas (LPG), liquefied (c) Effective and enforcement period. natural gas (LNG), chlorine, anhydrous This security zone is in effect perma- ammonia, or any other cargo deemed nently but will only be enforced when to be high interest by the Captain of deemed necessary by the COTP. Any- the Port, Providence. one, including members of federal, (c) Regulations. (1) Entry into or state or local law enforcement agen- movement within these zones, includ- cies, may request that this security ing below the surface of the water, dur- zone be enforced. ing times in which high interest vessels (d) Notification. The COTP will notify are present and the zones are enforced the public of the enforcement of this is prohibited unless authorized by the security zone by publishing a Notice of COTP Providence or authorized rep- Enforcement (NOE) in the FEDERAL resentative. REGISTER and via the other means list- (2) The general regulations covering ed in 33 CFR 165.7. Such notifications safety and security zones in §§ 165.23 will include the date and times of en- and 165.33, respectively, of this part forcement, along with any pre-deter- apply. mined conditions of entry. (3) All persons and vessels shall com- (e) COTP representative. The COTP’s ply with the instructions of the COTP, representative may be any Coast Guard and the designated on-scene U.S. Coast commissioned, warrant, or petty offi- Guard personnel. On-scene Coast Guard cer or any Federal, state, or local law patrol personnel include commissioned, enforcement officer who has been des- warrant, and petty officers of the Coast ignated by the COTP to act on the Guard on board Coast Guard, Coast COTP’s behalf. The COTP’s representa- Guard Auxiliary, local, state, and fed- tive may be on a Coast Guard vessel, a eral law enforcement vessels. Coast Guard Auxiliary vessel, federal, state or local law enforcement or safe- [CGD01–02–065, 67 FR 56224, Sept. 3, 2002, as ty vessel, or a location on shore. amended by USCG–2013–0060, 78 FR 67030, Nov. 8, 2013] [USCG–2014–0246, 81 FR 10501, Mar. 1, 2016]

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§ 165.122 Regulated Navigation Area: calls on VHF channels 13 and 16 at the Navigable waters within Narragan- following geographic locations: sett Bay and the Providence River, (i) One-half hour prior to departure Rhode Island. from the berth; (a) Description of the regulated naviga- (ii) At departure from the berth; tion area (RNA). The Regulated Naviga- (iii) Abeam of Sabin Point; tion Area (RNA) encompasses all of the (iv) Abeam of Gaspee Point; and navigable waters of Narragansett Bay (v) Abeam of position 41°43′01.4″ N; north of the COLREGS demarcation 071°20′41.7″ W (Conimicut Light (LLNR line and west of the Mt. Hope Bridge, 18305)). and all of the navigable waters of the (5) Vessels over 65 feet in length out- Providence River from Conimicut bound for sea down from Mount Hope Point to the Providence hurricane barrier. Bay through Narragansett Bay are re- (b) Regulations. (1) All commercial quired to make SECURITE calls on vessels must: VHF channels 13 and 16 at the fol- (i) Maintain a minimum 10% of the lowing geographic locations: vessel’s draft as an under-keel clear- (i) One-half hour prior to departure ance when not assisted by tugs, or from the berth; when not moored at an assigned berth. (ii) At departure from the berth; and Under-keel clearance is the minimum (iii) At position 41°39′32.4″ N;071°14′ clearance available between the deep- 02.6″ W (Mount Hope Bay Junction est point on the vessel and the bottom Lighted Gong Buoy ‘‘MH’’ (LLNR of the waterway, in calm water. 18790)). (ii) Have at least one mile of visi- (6) Vessels 65 feet and under in bility to transit the Providence River length, and all recreational vessels, between 41°43′01.4″ N; 071°20′41.7″ W when meeting deep draft commercial (Conimicut Light (LLNR 18305)) and vessel traffic in all locations within 41°47′38.8″ N; 071°22′46.7″ W (Channel this RNA shall keep out of the way of Light 42 (LLNR 18580)). the oncoming deep draft commercial (2) Vessels over 65 feet in length in- vessel. Nothing in this regulation, how- bound for berths in the Providence ever, relieves a vessel of any duty pre- River are required to make Safety Sig- scribed in the Inland Navigation Rules nal (SECURITE) calls on both VHF (33 CFR subchapter E). channels 13 and 16 at the following geo- (7) The Captain of the Port (COTP) graphic locations: Southeastern New England may au- (i) Pilot Boarding Area; thorize a deviation from these regula- (ii) Abeam of Castle Hill; tions. Parties wishing to request a de- (iii) Abeam of Sandy Point; viation must do so in advance by con- (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ tacting the COTP Southeastern New W (Conimicut Light (LLNR 18305)); England, at 508–457–3211, or via VHF (v) Abeam of Sabin Point; and Channel 13 (156.7 MHz), or VHF channel (vi) Upon mooring. (3) Vessels over 65 feet in length in- 16 (156.8 MHz). Any person or vessel re- bound for berths in Mount Hope Bay or ceiving permission from the COTP to in the Taunton River are required to deviate from these regulations must make SECURITE calls on both VHF comply with any specific instructions channels 13 and 16 at the following geo- provided by the COTP. graphic locations: (c) Enforcement. Violations of this (i) Pilot Boarding Area; RNA should be reported to the COTP (ii) Abeam of Castle Hill; Southeastern New England at 508–457– (iii) Abeam of Sandy Point; and 3211. Persons found in violation of (iv) At position 41°39′32.4″ N;071°14′ these regulations may be subject to 02.6″ W (Mount Hope Bay Junction civil or criminal penalties as provided Lighted Gong Buoy ‘‘MH’’ (LLNR for in 46 U.S.C. 70036. 18790)). [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010, as (4) Vessels over 65 feet in length out- amended by USCG–2014–0410, 79 FR 38442, bound for sea down the Providence July 7, 2014; USCG–2015–0433, 80 FR 44283, River Channel shall make SECURITE July 27, 2015]

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§ 165.123 Cruise Ships, Sector South- zones created by this section unless eastern New England Captain of granted permission to do so by the the Port (COTP) Zone. COTP Southeastern New England or (a) Location. The following areas are the designated representative. security zones: All navigable waters (2) All persons and vessels granted within the Southeastern New England permission to enter a security zone Captain of the Port (COTP) Zone, ex- must comply with the instructions of tending from the surface to the sea the COTP or the designated representa- floor: tive. Emergency response vessels are (1) Within a 200-yard radius of any authorized to move within the zone, cruise ship that is underway and is but must abide by the restrictions im- under escort of U.S. Coast Guard law posed by the COTP or the designated enforcement personnel or designated representative. representative, or (3) No person may swim upon or (2) Within a 100-yard radius of any below the surface of the water within cruise ship that is anchored, at any the boundaries of these security zones berth or moored. unless previously authorized by the (b) Definitions. For the purposes of COTP or his designated representative. this section— (4) Upon being hailed by a U.S. Coast Cruise ship means a passenger vessel Guard vessel or the designated rep- as defined in 46 U.S.C. 2101(22), that is resentative, by siren, radio, flashing authorized to carry more than 400 pas- light or other means, the operator of sengers and is 200 or more feet in the vessel shall proceed as directed. length. A cruise ship under this section (5) Vessel operators desiring to enter will also include ferries as defined in 46 or operate within the security zone CFR 2.10–25 that are authorized to shall contact the COTP or the des- carry more than 400 passengers and are ignated representative via VHF chan- 200 feet or more in length. nel 16 or 508–457–3211 (Sector South- Designated representative means any eastern New England command center) Coast Guard commissioned, warrant, or to obtain permission to do so. petty officer who has been designated [USCG–2010–0803, 76 FR 41075, July 13, 2011] by the COTP to act on the COTP’s behalf. The designated representative § 165.125 Regulated Navigation Area; may be on a Coast Guard vessel, or on- EPA Superfund Site, New Bedford board Federal, state, or a local agency Harbor, Massachusetts. vessel that is authorized to act in sup- (a) Location. The regulated naviga- port of the Coast Guard. tion area encompasses all waters Southeastern New England COTP Zone bounded by a line beginning at is as defined in 33 CFR 3.05–20. 41°37′22.5″ N, 070°54′34.1″ W; thence to (c) Enforcement. The security zones 41°37′14.4″ N, 070°54′19.6″ W; thence to described in this section will be acti- 41°36′58.5″ N, 070°54′08.1″ W; thence to vated and enforced upon entry of any 41°36′45.0″ N, 070°54′26.9″ W; thence along cruise ship into the navigable waters of the shoreline and south side of the hur- the United States (see 33 CFR 2.36(a) to ricane barrier to the beginning point. include the 12 NM territorial sea) in (b) Regulations. (1) All vessels and the Southeastern New England COTP persons are prohibited from activities zone. This zone will remain activated that would disturb the seabed within at all times while a cruise ship is with- the regulated navigation area, includ- in the navigable waters of the United ing but not limited to anchoring, drag- States in the Sector Southeastern New ging, trawling, and spudding. Vessels England COTP Zone. In addition, the may otherwise transit or navigate Coast Guard may broadcast the area within this area without reservation. designated as a security zone for the (2) The prohibition described in para- duration of the enforcement period via graph (b)(1) of this section shall not Broadcast Notice to Mariners. apply to vessels or persons engaged in (d) Regulations. (1) In accordance with activities associated with remediation the general regulations in 33 CFR part efforts in the New Bedford Harbor 165, subpart D, no person or vessel may Superfund Site, provided that the enter or move within the security Coast Guard Captain of the Port

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(COTP) Southeastern New England, is Guard vessel via siren, radio, flashing given advance notice of those activities light, or other means, the operator of a by the U.S. Environmental Protection vessel shall proceed as directed. Agency (EPA). (c) Waivers. The Captain of the Port [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] (COTP) Southeastern New England § 165.150 New Haven Harbor, may, in consultation with the U.S. Quinnipiac River, Mill River. EPA, authorize a waiver from this section if he or she determines that the (a) Boundaries. The following is a reg- proposed activity can be performed ulated navigation area: The waters sur- without undue risk to environmental rounding the Tomlinson Bridge and remediation efforts. Requests for waiv- Pearl Harbor Memorial Bridge (I–95 ers should be submitted in writing to Bridge) located within a line extending Commander, U.S. Coast Guard Sector from a point A at 41°17′50.35″ N, Southeastern New England, 1 Little 072°54′34.37″ W (the southeast corner of Harbor Road, Woods Hole, MA, 02543, the Magellan Pink Tanks Terminal with a copy to the U.S. Environmental dock) thence along a line 126°T to point Protection Agency, Region 1, New Bed- B at 41°17′42.35″ N, 072°54′19.37″ W (the ford Harbor Remedial Project Manager, southwest corner of the Gulf facility) 5 Post Office Square, Suite 100 thence north along the shoreline to (OSRR07), Boston, MA 02109, to facili- point C at 41°17′57.35″ N, 072°54′04.37″ W tate review by the EPA and U.S. Coast (the northwest corner of the R & H Ter- Guard. minal dock) thence along a line 303°T to point D at 41°18′05.35″ N, 072°54′21.37″ [USCG–2010–1119, 76 FR 35744, June 20, 2011] W (the west bank of the mouth of the § 165.141 Safety Zone: Sunken vessel Mill River) thence south along the EMPIRE KNIGHT, Boon Island, ME. shoreline to point of origin. All coordinates are North American Datum 1983. (a) Location. The following area is a (b) Regulations. (1) No person may op- safety zone: All waters of the Atlantic Ocean within a 1,000 yard radius of the erate a vessel or tow a barge in this stern section of the sunken vessel EM- Regulated Navigation Area in violation PIRE KNIGHT, in approximate posi- of these regulations. tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) (2) Applicability. The regulations and extending from the water’s surface apply to barges with a freeboard great- to the seabed floor. er than ten feet and to any vessel tow- (b) Effective date. This section is ef- ing or pushing these barges on out- fective on August 23, 1996, twenty-four bound transits of the Tomlinson hours a day, seven days a week. Bridge. (c) Regulations. (1) The general regu- (3) Regulated barges may not transit lations contained in 33 CFR 165.23 the bridge— apply. (i) During the period from one hour (2) All vessels and persons are prohib- to five hours after high water slack, ited from anchoring, diving, dredging, (ii) When the wind speed at the dumping, fishing, trawling, laying bridge is greater than twenty knots, cable, or conducting salvage operations and in this zone except as authorized by the (iii) With the barge being towed on a Coast Guard Captain of the Port, Port- hawser, stern first. land, Maine. Innocent transit through (4) Regulated barges with a beam the area within the safety zone is not greater than fifty feet must be pushed affected by this regulation and does ahead through the bridge. not require the authorization of the (5) If the tug operator does not have Captain of the Port. a clear view over the barge when push- (3) All persons and vessels shall coming ahead, the operator shall post a ply with the instructions of the COTP lookout on the barge with a means of or the designated on scene patrol per- communication with the operator. sonnel. U.S. Coast Guard patrol per- (6) Regulated barges departing the sonnel include commissioned, warrant, Mill River may transit the bridge only and petty officers of the Coast Guard. between sunrise and sunset. Barges Upon being hailed by a U.S. Coast must be pushed ahead of the tug, bow

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first, with a second tug standing by to the event does not have a date listed, assist at the bow. then exact dates and times of the en- (7) Nothing in this section is intended forcement period will be announced to relieve any person from complying through a Notice of Enforcement in the with: FEDERAL REGISTER. Mariners should (i) Applicable Navigation and Pilot consult the FEDERAL REGISTER or their Rules for Inland Waters; Local Notice to Mariners to remain ap- (ii) Any other laws or regulations; prised of schedule or event changes. (iii) Any order or direction of the First Coast Guard District Local No- Captain of the Port. tice to Mariners can be found at http:// (8) The Captain of the Port Sector www.navcen.uscg.gov/. Long Island Sound (COTP) may issue (3) Although listed in the Code of an authorization to deviate from any Federal Regulations, sponsors of events regulation in paragraph (b) of this sec- listed in Tables 1 and 2 to § 165.151 are tion if the COTP determines that an al- still required to submit marine event ternate operation can be done safely. applications in accordance with 33 CFR (9) The COTP may temporarily close 100.15. Each application must: the RNA for any situation the COTP (i) Be submitted no less than 60 days determines would create an imminent before the date of the proposed event. hazard to waterway users in the RNA. (ii) If the proposed event does not Entry into the RNA during temporary have a specified date the sponsor shall closure is prohibited unless authorized hold the event during the month it is by the COTP or the COTP’s designated listed in Tables 1 or 2 to § 165.151. representative. The COTP or des- (iii) For those proposed events listed ignated representative may order the in Table 1 to § 165.151 to be held during removal of any vessel or equipment the month of July, the event may take within the RNA. To assure wide ad- place during the final seven days of vance notice of each closure among af- June. fected mariners, the COTP may use means including, but not limited to, (iv) Any proposed event not being Broadcast Notice to Mariners and held on the specified date or within the Local Notice to Mariners. The COTP month listed in Tables 1 or 2 to § 165.151 will announce the dates and times of shall be considered a new marine event the closure and whether exceptions will and the sponsor shall submit a new ma- be authorized for emergency or other rine event application in accordance specific vessel traffic. with 33 CFR 100.15 no less than 135 days before the start of the event. [CGD 79–034, 47 FR 29660, July 8, 1982, as (b) Definitions. The following defini- amended by CGD 80–069, 47 FR 53368, Nov. 26, tions apply to this section: 1982. Redesignated by CGD 87–008b, 52 FR 25218, July 6, 1987, as amended by USCG–2012– (1) Designated representative. A ‘‘des- 0343, 77 FR 67565, Nov. 13, 2012] ignated representative’’ is any Coast Guard commissioned, warrant or petty § 165.151 Safety Zones; Fireworks Dis- officer of the U.S. Coast Guard who has plays, Air Shows and Swim Events been designated by the Captain of the in the Captain of the Port Long Is- Port (COTP), Sector Long Island Sound land Sound Zone. (LIS), to act on his or her behalf. The (a) Regulations. (1) The general regu- designated representative may be on an lations contained in 33 CFR 165.23 as official patrol vessel or may be on well as the following regulations apply shore and will communicate with ves- to the fireworks displays, air shows, sels via VHF–FM radio or loudhailer. and swim events listed in Tables 1 and In addition, members of the Coast 2 to § 165.151. Guard Auxiliary may be present to in- (2) These regulations will be enforced form vessel operators of this regula- for the duration of each event. Notifi- tion. cations will be made to the local mari- (2) Official patrol vessels. Official pa- time community through all appro- trol vessels may consist of any Coast priate means such as Local Notice to Guard, Coast Guard Auxiliary, state, or Mariners or Broadcast Notice to Mari- local law enforcement vessels assigned ners well in advance of the events. If or approved by the COTP.

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(3) Spectators. All persons and vessels § 165.151 is that area of navigable not registered with the event sponsor waters within a 1000 foot radius of the as participants or official patrol ves- launch platform or launch site for each sels. fireworks display, unless otherwise (c) Vessel operators desiring to enter noted in Table 1 to § 165.151 or modified or operate within the regulated areas in USCG First District Local Notice to should contact the COTP at 203–468– Mariners at: http://www.navcen.uscg.gov/ 4401 (Sector LIS command center) or . the designated representative via VHF (h) The regulated area for all air channel 16 to obtain permission to do shows is the entire geographic area de- so. scribed as the location for that show (d) Spectators or other vessels shall unless otherwise noted in Table 1 to not anchor, block, loiter, or impede the § 165.151 or modified in USCG First Dis- transit of event participants or official trict Local Notice to Mariners at: patrol vessels in the regulated areas http://www.navcen.uscg.gov/. during the effective dates and times, or (i) Fireworks barges used in these lo- dates and times as modified through cations will also have a sign on their the Local Notice to Mariners, unless port and starboard side labeled ‘‘FIRE- authorized by COTP or designated rep- WORKS—STAY AWAY’’. This sign will resentative. consist of 10 inch high by 1.5 inch wide (e) Upon being hailed by a U.S. Coast red lettering on a white background. Guard vessel or the designated rep- Shore sites used in these locations will resentative, by siren, radio, flashing display a sign labeled ‘‘FIREWORKS— light or other means, the operator of STAY AWAY’’ with the same dimen- the vessel shall proceed as directed. sions. These zones will be enforced Failure to comply with a lawful direc- from 8:30 p.m. to 10:30 p.m. each day a tion may result in expulsion from the barge with a ‘‘FIREWORKS—STAY area, citation for failure to comply, or AWAY’’ sign on the port and starboard both. side is on-scene or a ‘‘FIREWORKS— (f) The COTP or designated rep- STAY AWAY’’ sign is posted in a loca- resentative may delay or terminate tion listed in Table 1 to § 165.151. any marine event in this subpart at (j) For all swim events listed in Table any time it is deemed necessary to en- 2 to § 165.151, vessels not associated sure the safety of life or property. with the event shall maintain a separa- (g) The regulated area for all fire- tion of at least 100 yards from the par- works displays listed in Table 1 to ticipants.

TABLE 1 TO § 165.151

2 February

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

4 April

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

5 May

5.1 Jones Beach Air Show ...... • Date: The Thursday through Sunday before Memorial Day each May at a time to be determined annually.

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TABLE 1 TO § 165.151—Continued • Location: Waters of the Atlantic Ocean off Jones Beach State Park, Wantagh, NY contained within the following described area; beginning in approximate position 40°34′54’’ N., 073°33′21’’ W., then running east along the shoreline of Jones Beach State Park to approximate position 40°35′53’’ N., 073°28′47’’ W.; then running south to a position in the At- lantic Ocean off of Jones Beach at approximate position 40°35′05’’ N., 073°28′34’’ W.; then running West to approximate position 40°33′15’’ N., 073°33′09’’ W.; then running North to the point of origin.

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

6 June

6.1 Barnum Festival Fireworks ...... • Date: Last Saturday in June. • Rain date: Following Saturday. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N., 073°12′49″ W. (NAD 83).

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

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

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

6.5 Cherry Grove Arts Project Fireworks ...... • Date: A single day during the first two weeks of June. • Location: Waters of the Great South Bay off Cherry Grove, NY in approximate position 40°39′49.06″ N., 073°05′27.99″ W. (NAD 83).

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

7 July

7.1 Point O’Woods Fire Company Summer Fireworks ...... • Location: Waters of the Great South Bay, Point O’Woods, NY in approximate position 40°39′18.57″ N., 073°08′5.73″ W. (NAD 83).

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

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

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

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

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

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

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TABLE 1 TO § 165.151—Continued 7.8 Westport Police Athletic League Fireworks ...... • Location: Waters off Compo Beach, Westport, CT in approximate position, 41°06′15″ N., 073°20′57″ W. (NAD 83).

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

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

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

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

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

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

7.15 Davis Park Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Davis Park, NY in approximate position, 40°41′17″ N., 073°00′20″ W. (NAD 83).

7.16 Fairfield Aerial Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Jennings Beach, Fairfield, CT in approximate position 41°08′22″ N., 073°14′02″ W. (NAD 83).

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

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

7.19 Jones Beach State Park Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m.

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TABLE 1 TO § 165.151—Continued • Location: Waters off Jones Beach State Park, Wantagh, NY in approximate position 40°34′56.676″ N., 073°30′31.186″ W. (NAD 83).

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

7.21 Mason’s Island Yacht Club Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N., 071°57′48.22″ W. (NAD 83).

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

7.23 Riverfest Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Hartford, CT in approximate positions, 40°45′39.93″ N, 072°39′49.14″ W (NAD 83).

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

7.25 Village of Port Jefferson Fourth of July Celebration Fire- • Date: July 4. works. • 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).

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

7.27 City of Long Beach Fireworks ...... • Location: Waters off Riverside Blvd., City of Long Beach, NY in approximate position 40°34′38.77″ N., 073°39′41.32″ W. (NAD 83).

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

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

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

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

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TABLE 1 TO § 165.151—Continued 7.32 Town of North Hempstead Bar Beach Fireworks ...... • Location: Waters of Hempstead Harbor, North Hempstead, NY in approximate position 40°49′54″ N., 073°39′14″ W. (NAD 83).

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

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

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

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

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

7.38 Madison Fireworks ...... • Date: July 4. • Rain date: The Saturday following July 4. • Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).

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

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

7.41 Niantic Bay Fireworks ...... • Date: A day during the first three weeks of July. • Location: Waters of Niantic Bay 1,500 feet west of the Niantic River Railroad Bridge, Niantic, CT in approximate position 41°19′22.59″ N., 072°11′03.47″ W. (NAD 83).

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

7.43 North Bay Fourth of July Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of the Great South Bay in Patchogue Bay 4,000 feet southeast of Blue Point, NY in approximate position 40°44′6.28″ N., 073°01′02.50″ W. (NAD 83).

7.44 National Golf Links Fireworks ...... • Date: A day during the first week of July. • Location: Waters of the Great Peconic Bay 3⁄4 of a mile northwest of Bullhead Bay, Shinnecock, NY in approximate position 40°55′11.79″ N., 072°28′04.34″ W. (NAD 83).

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

7.46 Irwin Family 4th of July ...... • Date: A day during the last week of June or first week of July.

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TABLE 1 TO § 165.151—Continued • Location: Waters of the Great South Bay off The Helm Road, East Islip, NY in approximate position 40°42′12.28″ N., 73°12′00.08″ W. (NAD 83).

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

7.48 Bridgeport Bluefish July Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate position 41°10′35″ N., 073°10′58″ W. (NAD 83). 7.49 Bayville Crescent Club Fireworks ...... • Sponsor: Bayville Crescent Club, Bayville, NY. • Time: 8 p.m. to 10 p.m. • Location: Cooper Bluff, Cove Neck, NY.

8 August

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

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

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

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

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

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

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

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

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

9 September

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

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

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

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TABLE 1 TO § 165.151—Continued 9.4 The Creek Fireworks ...... • Date: A day during the first week of September. • Location: Waters of Long Island Sound off the Creek Golf Course, Lattingtown, NY in approximate position 40°54′13″ N., 073°35′58″ W. (NAD 83).

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

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

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

11 November

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

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

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

12 December

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

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

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

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

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

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

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

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

1.6 Swim Across America Greenwich ...... • Date: A single day during June. • Time: 5:30 a.m. until noon. • Location: All navigable waters of Stamford Harbor within a half miles long and 1000 foot wide polygon shaped box stretching from Dolphin Cove to Rocky Point between Stamford and Greenwich, CT. Formed by connecting the following points. Begin- ning at point (A) 41°01′32.03″ N, 073°33′8.93″ W, then south east to point (B) 41°01′15.01″ N, 073°32′55.58″ W; then south west to point (c) 41°00′49.25N, 073°33′20.36″ W; then north west to point (D) 41°00′58.00″ N, 073°33′27.00″ W, then north east to point (E) 41°01′15.80″ N, 073°33′09.85″ W, then heading north and ending at point (A)(NAD 83). 1.7 US Coast Guard Triathlon Swim ...... • Date: A single day during August. • Location: All navigable waters of the Thames River, New London Harbor off Fort Trumbull State Park around a half mile long course that is west of the Federal navigation channel in New London, CT. Formed by connecting the following points. Be- ginning at point (A) 41°20′40.03″ N, 072°05′32.15″ W; then east to point (B) 41°20′40.08″ N, 072°05′22.03″ W, then north to point (C) 41°20′48.29N, 072°05′23.19″ W; then north west to point (D) 41°20′50.84″ N, 072°05′29.29″ W, then south west to end point (E) 41°20′46.41″ N, 072°05′35.77″ W, (NAD 83).

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[USCG–2008–0384, 77 FR 6958, Feb. 10, 2012, as amended by USCG–2012–1036, 78 FR 31406, May 24, 2013; USCG–2014–0410, 79 FR 38442, July 7, 2014; USCG–2018–0532, 85 FR 5570, Jan. 31, 2020; 85 FR 11294, Feb. 27, 2020]

§ 165.153 Regulated Navigation Area: tain of the Port (COTP), vessels of 300 Long Island Sound Marine Inspec- gross tons or more may not proceed at tion and Captain of the Port Zone. a speed in excess of eight knots in the (a) Regulated Navigation Area location. Thames River from New London Har- All waters of the Long Island Sound bor channel buoys 7 and 8 (Light List Marine Inspection and Captain of the numbers 21875 and 21880 respectively) Port (COTP) Zone, as delineated in 33 north through the upper limit of the CFR 3.05–35, extending seaward 12 nau- Naval Submarine Base New London Re- tical miles from the territorial sea stricted Area, as that area is specified baseline, are established as a regulated in 33 CFR 334.75(a). The U.S. Navy and navigation area (RNA). other Federal, State and municipal (b) Applicability. This section applies agencies may assist the U.S. Coast to all vessels operating within the RNA Guard in the enforcement of this rule. excluding public vessels. (2) Enhanced communications. Vessels of 300 gross tons or more and all vessels (c) Definitions. The following defini- engaged in towing barges must issue tions apply to this section: securite´ calls on marine band or Very Commercial service means any type of High Frequency (VHF) radio channel 16 trade or business involving the trans- upon approach to the following loca- portation of goods or individuals, ex- tions: cept service performed by a combatant (i) Inbound approach to Cerberus vessel. Shoal; and Ferry means a vessel that: (ii) Outbound approach to Race Rock (1) Operates in other than ocean or Light (USCG Light List No. 19815). coastwise service; (3) All vessels operating within the (2) Has provisions only for deck pas- RNA that are bound for a port or place sengers or vehicles, or both; located in the United States or that (3) Operates on a short run on a fre- must transit the internal waters of the quent schedule between two points United States, must be inspected to the over the most direct water route; and satisfaction of the U. S. Coast Guard, (4) Offers a public service of a type before entering waters within three normally attributed to a bridge or tun- nautical miles from the territorial sea nel. baseline. Vessels awaiting inspection Public vessels means vessels owned or will be required to anchor in the man- bareboat chartered and operated by the ner directed by the COTP. This section United States, or by a State or polit- does not apply to vessels operating ex- ical subdivision thereof, or by a foreign clusively within the Long Island Sound nation, except when such vessel is en- Marine Inspection and COTP Zone, ves- gaged in commercial service. sels on a single voyage which depart Territorial sea baseline means the line from and return to the same port or defining the shoreward extent of the place within the RNA, all towing ves- territorial sea of the United States sels engaged in coastwise trade, vessels drawn according to the principles, as in innocent passage not bound for a recognized by the United States, of the port or place subject to the jurisdiction Convention on the Territorial Sea and of the United States, and all vessels the Contiguous Zone, 15 U.S.T. 1606, not engaged in commercial service and the 1982 United Nations Conven- whose last port of call was in the tion on the Law of the Sea (UNCLOS), United States. Vessels requiring in- 21 I.L.M. 1261. Normally, the territorial spection by the COTP may contact the sea baseline is the mean low water line COTP via marine band or Very High along the coast of the United States. Frequency (VHF) channel 16, telephone (d) Regulations. (1) Speed restrictions at (203) 468–4401, facsimile at (203) 468– in the vicinity of Naval Submarine 4418, or letter addressed to Captain of Base New London and Lower Thames the Port, Long Island Sound, 120 Wood- River. Unless authorized by the Cap- ward Ave., New Haven, CT 06512.

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(4) All vessels operating within the ator, master, COTP, or the designated RNA that are bound for a port or place COTP on-scene patrol. located in the United States or that (7) Vessels engaged in commercial serv- must transit the internal waters of the ice. No vessel may enter within a 100- United States, must obtain authoriza- yard radius of any vessel engaged in tion from the Captain of the Port commercial service while that vessel is (COTP) before entering waters within transiting, moored, or berthed in any three nautical miles from the terri- portion of the Long Island Sound Ma- torial sea baseline. Vessels awaiting rine Inspection and COTP zone, with- COTP authorization to enter waters out the express prior authorization of within three nautical miles from the the vessel’s operator, master, COTP, or territorial sea baseline will be required the designated COTP on-scene rep- to anchor in the manner directed by resentative. the COTP. This section does not apply (8) Bridge foundations. Any vessel op- to vessels operating exclusively within erating beneath a bridge must make a the Long Island Sound Marine Inspec- direct, immediate and expeditious pas- tion and COTP Zone, vessels on a sin- sage beneath the bridge while remain- gle voyage which depart from and re- ing within the navigable channel. No turn to the same port or place within vessel may stop, moor, anchor or loiter the RNA, all towing vessels engaged in beneath a bridge at any time. No vessel coastwise trade, vessels in innocent may approach within a 25-yard radius passage not bound for a port or place of any bridge foundation, support, subject to the jurisdiction of the stanchion, pier or abutment except as United States, and all vessels not en- required for the direct, immediate and gaged in commercial service whose last expeditious transit beneath a bridge. port of call was in the United States. (9) This section does not relieve any vessel from compliance with applicable Vessels may request authorization Navigation Rules (COLREGS and their from the COTP by contacting the associated Annexes and Inland Naviga- COTP via marine band or Very High tion Rules (33 CFR subchapter E)). Frequency (VHF) channel 16, telephone at (203) 468–4401, facsimile at (203) 468– [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as 4418, or letter addressed to Captain of amended by USCG–2006–24371, 74 FR 11213, the Port, Long Island Sound, 120 Wood- Mar. 16, 2009; USCG–2015–0433, 80 FR 44283, ward Ave., New Haven, CT 06512. July 27, 2015] (5) Vessels over 1,600 gross tons oper- § 165.154 Safety and Security Zones; ating in the RNA within three nautical Captain of the Port Long Island miles from the territorial sea baseline Sound Zone Safety and Security that are bound for a port or place lo- Zones. cated in the United States or that The following areas are designated must transit the internal waters of the safety and security zones: United States must receive authoriza- (a) Security zones. (1) Dominion Mill- tion from the COTP prior to transiting stone Nuclear Power Plant, Waterford, or any intentional vessel movements, CT. including, but not limited to, shifting (i) All navigable waters of Long Is- berths, departing anchorage, or getting land Sound, from surface to bottom, underway from a mooring. This section North and Northeast of a line running does not apply to vessels in innocent from Bay Point, at approximate posi- passage not bound for a port or place tion 41°18′34.20″ N, 072°10′24.60″ W, to subject to the jurisdiction of the Millstone Point at approximate posi- United States. tion 41°18′15.00″ N, 072°9′57.60″ W (NAD (6) Ferry vessels. Vessels of 300 gross 83). tons or more are prohibited from enter- (ii) All navigable waters of Long Is- ing all waters within a 1200-yard radius land Sound, from surface to bottom, of any ferry vessel transiting in any West of a line starting at 41°18′42″ N, portion of the Long Island Sound Ma- 072°09′39″ W, running south to the East- rine Inspection and COTP Zone with- ern most point of Fox Island at approx- out first obtaining the express prior imate position 41°18′24.11″ N, authorization of the ferry vessel oper- 072°09′39.73″ W (NAD 83).

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(2) Electric Boat Shipyard, Groton, (5) U.S. Coast Guard Vessels, Long Is- CT. land Sound COTP Zone. All navigable (i) Location. All navigable waters of waters within a 100-yard radius of any the Thames River, from surface to bot- anchored U.S. Coast Guard vessel. For tom, West of the Electric Boat Cor- the purposes of this section, U.S. Coast poration Shipyard enclosed by a line Guard vessels includes any commis- beginning at a point on the shoreline sioned vessel or small boat in the serv- at 41°20′16″ N, 72°04′47″ W; then running ice of the regular U.S. Coast Guard and West to 41°20′16″ N, 72°04′57″ W; then does not include Coast Guard Auxiliary running North to 41°20′26″ N, 72°04′57″ vessels. W; then Northwest to 41°20′28.7″ N, (b) Safety zones. (1) Coast Guard Sta- 72°05′01.7″ W; then North-Northwest to tion Fire Island, Long Island, NY. All 41°20′53.3″ N, 72°05′04.8″ W; then North- waters of Fire Island Inlet from the Northeast to 41°21′02.9″ N, 72°05′04.9″ W; shore out to a line beginning at a point then East to a point on shore at on shore at 40°37′31.4″ N, 073°15′41.1″ W; 41°21′02.9″ N, 72°04′58.2″ W (NAD 83). then North to 40°37′35.6″ N, 073°15′43.1″ (ii) Application. Sections 165.33(a), (e), W; then East to 40°37′36.7″ N, 073°15′39.8″ (f) shall not apply to public vessels or W; then East to 40°37′37.8″ N, 073°15′36.6″ to vessels owned by, under hire to, or W; then East to 40°37′41.1″ N, 073°15′33.5″ performing work for the Electric Boat W; then Southeast to 40°37′39.7″ N, Division when operating in the secu- 073°15′27.0″ W; then Southeast to rity zone. 40°37′37.5″ N, 073°15′22.1″ W; then South- (3) Naval Submarine Base, Groton, east to 40°37′37.6″ N, 073°15′19.1″ W; then CT. All navigable waters of the Thames Southeast to point on shore at River, from surface to bottom, West of 40°37′33.9″ N, 073°15′20.8″ W (NAD 83). the Groton Naval Submarine Base New (2) [Reserved] London, enclosed by a line beginning at (c) Regulations. (1) The general regu- a point on the shoreline at 41°23′15.8″ N, lations contained in § 165.23 and § 165.33 72°05′17.9″ W; then to 41°23′15.8″ N, of this part apply. Entering into, re- 72°05′22″ W; then to 41°23′25.9″ N, 72°05′29.9″ W; then to 41°23′33.8″ N, maining within or cause an article or 72°05′34.7″ W; then to 41°23′37.0″ N, thing to enter into or remain within 72°05′38.0″ W; then to 41°23′41.0″ N, these safety and security zones is pro- 72°05′40.3″ W; then to 41°23′47.2″ N, hibited unless authorized by the Cap- 72°05′42.3″ W; then to 41°23′53.8″ N, tain of the Port or a designated rep- 72°05′43.7″ W; then to 41°23′59.8″ N, resentative. 72°05′43.0″ W; then to 41°24′12.4″ N, (2) These safety and security zones 72°05′43.2″ W; then to a point on the are closed to all vessel traffic, except shoreline at 41°24′14.4″ N, 72°05′38″ W; as may be permitted by the Captain of then along the shoreline to the point of the Port (COTP) or a designated rep- beginning (NAD 83). resentative. Vessel operators given per- (4) U.S. Coast Guard Academy, New mission to enter or operate in the secu- London, CT. rity zones must comply with all direc- (i) Location. All navigable waters of tions given to them by the COTP or the the Thames River, from surface to bot- designated representative. tom, in a 500-yard radius from Jacobs (3) The ‘‘designated representative’’ Rock, approximate position 41°22′22″ N, is any Coast Guard commissioned, war- 072°05′40″ W (NAD 83). rant or petty officer who has been des- (ii) Enforcement period. This rule will ignated by the Captain of the Port to be enforced during visits by high-rank- act on his/her behalf. The on-scene rep- ing officials and times of heighted se- resentative may be on a Coast Guard curity. vessel, a state or local law enforcement (iii) Notification. The Captain of the vessel, or other designated craft, or Port will notify the maritime commu- may be on shore and will communicate nity of periods during which this secu- with vessels via VHF–FM radio or rity zone will be enforced by all appro- loudhailer. In addition, members of the priate means such as Local Notice to Coast Guard Auxiliary may be present Mariners, Marine Safety Information to inform vessel operators of this regu- Radio Broadcasts or on scene notice. lation.

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(4) Vessel operators desiring to enter (c) Waivers. (1) The Captain of the or operate within the security zones Port Long Island Sound may, upon re- shall request permission to do so by quest, waive any regulation in this sec- contacting the Captain of the Port Sec- tion. tor Long Island Sound at 203–468–4401, (2) An application for a waiver must or via VHF Channel 16. state the need for the waiver and de- [USCG–2008–0384, 77 FR 6961, Feb. 10, 2012] scribe the proposed vessel operations through the Regulated Navigation § 165.156 Regulated Navigation Area: Area. East Rockaway Inlet to Atlantic [USCG–2008–0085, 74 FR 57887, Nov. 10, 2009, as Beach Bridge, Nassau County, Long amended by USCG–2015–0433, 80 FR 44283, Island, New York. July 27, 2015] (a) Location. The following area is a Regulated Navigation Area: All waters § 165.160 Safety Zones; fireworks dis- of East Rockaway Inlet in an area plays and swim events in Coast bounded by lines drawn from position Guard Captain of the Port New 40°34′56″ N, 073°45′19″ W, (approximate York Zone. position of East Rockaway Inlet Break- (a) Regulations. The general regula- water Light, LLNR 31500) running tions contained in 33 CFR 165.23 as well north to a point of land on the north- as the following regulations apply to west side of the inlet at position the fireworks displays and swim events 40°35′28″ N, 073°46′12″ W, thence easterly listed in Tables 1 and 2 to § 165.160. along the shore to the east side of the These regulations will be enforced for Atlantic Beach Bridge, State Route the duration of each event. Notifica- 878, over East Rockaway Inlet, thence tions will be made to the local mari- across the bridge to the south side of time community through the Local No- East Rockaway Inlet, thence westerly tice to Mariners and Broadcast Notice along the shore and across the water to to Mariners well in advance of the the beginning. events. If the event does not have a (b) Regulations. (1) The general regu- date listed, then exact dates and times lations contained in 33 CFR 165.10, of the enforcement period will be an- 165.11, and 165.13 apply. nounced through a Notice of Enforce- (2) In accordance with the general ment in the FEDERAL REGISTER. Mari- regulations, the following regulations ners should consult the FEDERAL REG- apply to vessels carrying petroleum ISTER or their Local Notice to Mariners products in excess of 250 barrels: to remain apprised of schedule or event (i) The vessel must have plans in changes. First Coast Guard District place to maintain a minimum of two Local Notice to Mariners can be found feet under keel clearance at all times. at http://www.navcen.uscg.gov/. The Cap- (ii) A vessel requiring a nighttime tain of the Port Sector New York Ma- transit through East Rockaway Inlet rine Events schedule can also be viewed may only do so only after receiving ap- electronically at proval from the Captain of the Port www.homeport.uscg.mil/newyork. Al- Long Island Sound. though listed in the Code of Federal (iii) Vessels are prohibited from Regulations, sponsors of events listed transiting East Rockaway Inlet if a in Tables 1 and 2 to § 165.160 are still re- small craft advisory or greater has quired to submit marine event applica- been issued for the area unless specific tions in accordance with 33 CFR 100.15. approval is received from the Captain (b) Definitions. The following defini- of the Port Long Island Sound. tions apply to this section: (iv) In an emergency, any vessel may (1) Designated representative. A ‘‘des- deviate from the regulations in this ignated representative’’ is any Coast section to the extent necessary to Guard commissioned, warrant or petty avoid endangering the safety of per- officer of the U.S. Coast Guard who has sons, the environment, and or prop- been designated by the Captain of the erty. If deviation from the regulations Port, Sector New York (COTP), to act is necessary, the master or their des- on his or her behalf. The designated ignee shall inform the Coast Guard as representative may be on an official soon as it is practicable to do so. patrol vessel or may be on shore and

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

TABLE 1 TO § 165.160

2.0 New York Harbor

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

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

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TABLE 1 TO § 165.160—Continued 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 Lighted Buoy 20 (LLNR 36780). This Safety Zone is a 150-yard radius from the launch site.

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

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

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

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TABLE 1 TO § 165.160—Continued 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.

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.

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TABLE 1 TO § 165.160—Continued 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.

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.

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TABLE 1 TO § 165.160—Continued 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.

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.

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TABLE 1 TO § 165.160—Continued 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.

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.

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TABLE 1 TO § 165.160—Continued 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.

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.

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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. • 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.

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TABLE 2 TO § 165.160—Continued • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

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. • 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, as amended by USCG–2015–0433, 80 FR 44283, July 27, 2015; USCG–2018–0532, 85 FR 5570, Jan. 31, 2020]

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§ 165.161 Safety Zone; Shore (Belt) light, or other means, the operator of Parkway Bridge Construction, Mill the vessel must proceed as directed. Basin, Brooklyn, NY. [USCG–2014–1044, 80 FR 76209, Dec. 8, 2015] (a) Location. The following area is a safety zone: All waters from surface to § 165.162 Safety Zone; Witt-Penn bottom of Mill Basin within 200 yards Bridge Construction, Hackensack of the Shore (Belt) Parkway Mill Basin River, Jersey City, NJ. bridge, east of a line drawn from (a) Location. The following area is a 40°36′24.29″ N., 073°54′02.59″ W. to safety zone: All waters from surface to 40°36′11.36″ N., 073°54′04.69″ W., and west bottom of the Hackensack River bound of a line drawn from 40°36′21.13″ N., by the following approximate posi- 073°53′47.38″ W. to 40°36′11.59″ N., tions: North of a line drawn from 073°53′48.88″ W. 40°44′27.4″ N., 074°05′09.8″ W. to 40°44′22.9″ (b) Definitions. The following defini- N., 074°04′53.1″ W. (NJ PATH Bridge at tions apply to this section: mile 3.0), and south of a line drawn ° ′ ″ ° ′ ″ (1) Designated representative. A ‘‘des- from 40 44 33.2 N., 074 04 51.0 W. to ° ′ ″ ° ′ ″ ignated representative’’ is any Coast 40 44 28.2 N., 074 04 42.7 W. (500 feet Guard commissioned, warrant or petty north of the new Witt-Penn Bridge) officer of the U.S. Coast Guard who has (NAD 83). been designated by the Captain of the (b) Definitions. The following defini- Port (COTP) New York, to act on his or tions apply to this section: her behalf. The designated representa- (1) Designated representative. A ‘‘des- tive may be on an official patrol vessel ignated representative’’ is any Coast or may be on shore and will commu- Guard commissioned, warrant or petty nicate with vessels via VHF–FM radio officer of the U.S. Coast Guard who has or loudhailer. In addition, members of been designated by the Captain of the the Coast Guard Auxiliary may be Port (COTP) to act on his or her behalf. present to inform vessel operators of A designated representative may be on this regulation. an official patrol vessel or may be on shore and will communicate with ves- (2) Official patrol vessels. Official pa- sels via VHF–FM radio or loudhailer. trol vessels may consist of any Coast In addition, members of the Coast Guard, Coast Guard Auxiliary, state, or Guard Auxiliary may be present to in- local law enforcement vessels assigned form vessel operators of this regula- or approved by the COTP. tion. (c) Enforcement periods. (1) This safety (2) Official patrol vessels. Official pa- zone is in effect permanently starting trol vessels may consist of any Coast January 7, 2016, but will only be en- Guard, Coast Guard Auxiliary, state, or forced when deemed necessary by the local law enforcement vessels assigned COTP. or approved by the COTP. (2) The COTP will rely on the meth- (c) Enforcement periods. (1) This safety ods described in § 165.7 to notify the zone is in effect permanently starting public of the enforcement of this safety January 7, 2016, but will only be en- zone. Such notifications will include forced when deemed necessary by the the date and times of enforcement, COTP. along with any pre-determined condi- (2) The Coast Guard will rely on the tions of entry. methods described in § 165.7 to notify (d) Regulations. (1) The general regu- the public of the time and duration of lations contained in § 165.23, as well as any closure of the safety zone. Viola- the regulations in paragraphs (d)(2) and tions of this safety zone may be re- (3) of this section, apply. ported to the COTP at 718–354–4353 or (2) During periods of enforcement, all on VHF-Channel 16. persons and vessels must comply with (d) Regulations. (1) The general regu- all orders and directions from the lations contained in § 165.23, as well as COTP or a COTP’s designated rep- paragraphs (d)(2) and (3) of this section, resentative. apply. (3) During periods of enforcement, (2) During periods of enforcement, all upon being hailed by a U.S. Coast persons and vessels must comply with Guard vessel by siren, radio, flashing all orders and directions from the

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COTP or a COTP’s designated rep- (ii) Enforcement period. Paragraph resentative. (a)(4)(i) of this section is enforced an- (3) During periods of enforcement, nually from 10 a.m. until 5 p.m., from upon being hailed by a U.S. Coast Friday through Monday, Memorial Day Guard vessel by siren, radio, flashing weekend. light, or other means, the operator of (5) Safety Zone E—(i) Location. A mov- the vessel must proceed as directed. ing safety zone including all waters 500 [USCG–2014–1008, 80 FR 76211, Dec. 8, 2015] yards ahead and astern, and 200 yards on each side of the departing U.S. Navy § 165.163 Safety Zones; Port of New Aircraft or Helicopter Carrier as it York/New Jersey Fleet Week. transits the Port of New York and New Jersey from its mooring at the Intrepid (a) The following areas are estab- Sea, Air and Space Museum, Manhat- lished as safety zones: tan, to the COLREGS Demarcation line (1) Safety Zone A—(i) Location. A mov- in the vicinity of Ambrose Channel ing safety zone for the Parade of Ships Lighted Bell Buoy 6 (LLNR 34805). including all waters 500 yards ahead (ii) Enforcement period. Paragraph and astern, and 200 yards of each side (a)(5)(i) of this section is enforced an- of the designated column of parade ves- nually on the Wednesday following Me- sels as it transits the Port of New York morial Day. Departure time is depend- and New Jersey from the Verrazano ent on tide, weather, and granting of Narrows Bridge to Riverside State authority for departure by the Captain Park on the Hudson River between of the Port, New York. West 137th and West 144th Streets, Manhattan. (b) Effective period. This section is ef- (ii) Enforcement period. Paragraph fective annually from 8 a.m. on the (a)(1)(i) of this section is enforced an- Wednesday before Memorial Day until nually from 8 a.m. until 5 p.m. on the 4 p.m. on the Wednesday following Me- Wednesday before Memorial Day. morial Day. (2) Safety Zone B—(i) Location. A safe- (c) Regulations. (1) The general regu- ty zone including all waters of the Hud- lations contained in 33 CFR 165.23 son River between Piers 83 and 90, Man- apply. hattan, from the parade column east to (2) All persons and vessels shall com- the Manhattan shoreline. ply with the instructions of the Coast (ii) Enforcement period. Paragraph Guard Captain of the Port or the des- (a)(2)(i) of this section is enforced an- ignated on-scene-patrol personnel. nually from 8 a.m. until 5 p.m. on the these personnel comprise commis- Wednesday before Memorial Day. sioned, warrant, and petty officers of (3) Safety Zone C—(i) Location. A mov- the Coast Guard. Upon being hailed by ing safety zone including all waters of a U. S. Coast Guard vessel by siren, the Hudson River within a 200-yard ra- radio, flashing light, or other means, dius of each parade vessel upon its the operator of a vessel shall proceed leaving the parade of ships until it is as directed. safely berthed. [CGD1–98–170, 64 FR 24946, May 10, 1999, as (ii) Enforcement period. Paragraph amended by USCG–2015–0433, 80 FR 44283, (a)(3)(i) of this section is enforced an- July 27, 2015] nually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day. § 165.164 Security Zones; Dignitary Ar- (4) Safety Zone D—(i) Location. A safe- rival/Departure and United Nations Meetings, New York, NY. ty zone including all waters of the Hud- son River bound by the following (a) Location. The following areas are points: from the southeast corner of security zones: Pier 90, Manhattan, where it intersects (1) Wall Street Heliport. All waters of the seawall, west to approximate posi- the East River within the following tion 40°46′10″ N 074°00′13″ W (NAD 1983), boundaries: East of a line drawn be- south to approximate position 40°45′54″ tween approximate position 40°42′01″ N, N 074°00′25″ W (NAD 1983), then east to 074°00′39″ W (east of The Battery) to the northeast corner of Pier 83 where it 40°41′36″ N, 074°00′52″ W (point north of intersects the seawall. Governors Island) and north of a line

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drawn from the point north of Gov- proximate position 40°44′31.04″ N, ernors Island to the southwest corner 073°58′03.10″ W (approximately 400 yards of Pier 7 North, Brooklyn; and south of east of the Manhattan shoreline), to a line drawn between 40°42′14.8″ N, the southern tip of Roosevelt Island at 074°00′20.3″ W (Wall Street, Manhattan), approximate position 40°44′57.96″ N, and the northwest corner of Pier 2 073°57′41.57″ W, then along the western North, Brooklyn (NAD 1983). shoreline of Roosevelt Island to the (2) Randalls and Wards Islands: All Queensboro Bridge, and all waters waters of the East River between the south of the Queensboro Bridge (NAD Hell Gate Rail Road Bridge (mile 8.2), 1983). and a line drawn from a point at ap- (6) United Nations Full River Closure. proximate position 40°47′27.12″ N, All waters of the East River north of a 073°54′35.14″ W (Lawrence Point, line drawn from approximate position Queens) to a point at approximate posi- 40°44′37″ N, 073°58′16.5″ W (the base of tion 40°47′52.55″ N, 073°54′35.25″ W (Port East 35th Street, Manhattan), to ap- Morris Stacks), and all waters of the proximate position 40°44′23″ N, Bronx Kill southeast of the Bronx Kill 073°57′44.5″ W (Hunters Point, Long Is- Rail Road Bridge (mile 0.6) (NAD 1983). land City), and south of the Queensboro (3) Marine Air Terminal, LaGuardia Bridge (NAD 1983). Airport Security Zone. All waters of (b) Definitions. Bowery Bay, Queens, New York, inside As used in this section— of a line drawn from the start of the Designated representative means any Rikers Island Bridge in Queens at ap- Coast Guard commissioned, warrant, or proximate position 40°46′37″ N, 073°53′30″ petty officer who has been designated W to the intersecting point on the by the COTP to act on the COTP’s be- southern side of Rikers Island at ap- half. A designated representative may proximate position 40°47′12″ N, 073°53′06″ be on a Coast Guard vessel, or onboard W, then a line drawn east to the west- a federal, state, or local agency vessel ern end of LaGuardia Airport at ap- that is authorized to act in support of proximate position 40°47′00″ N, 073°52′44″ the Coast Guard. W, then a line drawn south following Dignitary means the President or the shoreline back to the point of ori- Vice President of the United States, or gin at 40°46′37″ N, 073°53′30″ W (NAD visiting heads of foreign states or gov- 1983). ernments. (4) United Nations Manhattan Shore- (c) Regulations. In accordance with line. All waters of the East River bound the general regulations in 33 CFR by the following points: 40°44′37″ N, 165.33, no person or vessel may enter or 073°58′16.5″ W (the base of East 35th move within a security zone created by Street, Manhattan), then east to this section while that security zone is 40°44′34.5″ N, 073°58′10.5″ W (about 180 being enforced unless granted permis- yards offshore of Manhattan), then sion to do so by the Coast Guard’s First northeasterly to 40°45′29″ N, 073°57′26.5″ District Commander, the COTP, or a W (about 125 yards offshore of Manhat- designated representative. Vessel oper- tan at the Queensboro Bridge), then ators and persons given permission to northwesterly to 40°45′31″ N, 073°57′30.5″ enter or operate in a security zone W (Manhattan shoreline at the must comply with all directions given Queensboro Bridge), then southerly to them by the COTP, or a designated along the shoreline to the starting representative. Upon being hailed by a point at 40°44′37″ N, 073°58′16.5″ W (NAD U.S. Coast Guard or other duly author- 1983). ized law enforcement vessel (e.g., New (5) United Nations West Channel Clo- York City police) by siren, radio, flash- sure. All waters of the East River north ing lights, or other means, the operator of a line drawn from approximate posi- of a vessel must proceed as directed, tion 40°44′37″ N, 073°58′16.5″ W (the base and follow any instructions to anchor of East 35th Street, Manhattan), to ap- or moor up to a waterfront facility. proximate position 40°44′31.04″ N, (d) Enforcement periods. The security 073°58′03.10″ W (approximately 400 yards zone described in paragraph (a)(4) of east of the Manhattan shoreline), all this section is subject to enforcement waters west of a line drawn from ap- at all times. All other security zones

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established by this section will only be (2) All Coast Guard assets enforcing enforced when necessary to protect dig- this Regulated Navigation Area can be nitaries as determined by the COTP. contacted on VHF marine band radio, (e) Notification. Because the security channel 13 or 16. The COTP can be con- zone described in paragraph (a)(4) of tacted at (718) 354–4356, and the public this section is subject to enforcement may contact the COTP to suggest at all times, the Coast Guard will not changes or improvements in the terms necessarily take any action to further of this Regulated Navigation Area. notify the public about the enforce- (3) All persons desiring to transit ment of that zone. As for the enforce- through a portion of the regulated area ment periods for the other security that has operating restrictions in ef- zones contained herein, the Coast fect must contact the COTP at tele- Guard will rely on the methods de- phone number (718) 354–4356 or on VHF scribed in 33 CFR 165.7 to notify the channel 13 or 16 to seek permission public of the time and duration of any prior to transiting the affected regu- enforcement period. The COTP may lated area. also notify the public about enforce- (4) The COTP will notify the public of ment of these security zones via http:// any changes in the status of this Regu- homeport.uscg.mil/newyork. lated Navigation Area by Marine Safe- (f) Contact information. Vessel opera- ty Information Broadcast on VHF–FM tors desiring to enter or operate within marine band radio, channel 22A (157.1 a security zone shall telephone the MHZ). COTP at 718–354–4356 or a designated [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011] representative via VHF channel 16 to obtain permission to do so. § 165.166 Safety Zone: Macy’s July 4th Fireworks, East River, NY. [USCG–2013–1009, 79 FR 78308, Dec. 30, 2014, as (a) Regulated area. The following area amended by USCG–2017–1081, 84 FR 6974, Mar. 1, 2019] is a safety zone: All waters of the Upper New York Bay south of a line § 165.165 Regulated Navigation Area; drawn from Pier A (Fireboat Station Hudson River South of the Troy Pier), Battery Park City, in approxi- Locks, NY. mate position 40°42′15.4″ N 074°01′06.8″ W (NAD 1983) to the easternmost corner (a) Regulated navigation area. All nav- of the Ellis Island Security Zone, in ap- igable waters of the Hudson River proximate position 40°41′57.6″ N south of the Troy Locks. 074°02′06.7″ W (NAD 1983); north of a line (b) Definitions. The following defini- drawn from Pier 7, Jersey City, NJ, in tions apply to this section: approximate position 40°41′26.4″ N (1) Designated representative means 074°03′17.3″ W (NAD 1983) to Liberty Is- any Coast Guard commissioned, war- land Lighted Gong Buoy 33 (LLNR rant, or petty officer, or a Federal, 34995), in approximate position State, or local law enforcement officer 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), designated by or assisting the Captain on to Governor’s Island Extension of the Port (COTP) New York. Light (LLNR 35000), in approximate po- (2) Horsepower (HP) means the total sition 40°41′08.3″ N 074°01′35.4″ W (NAD maximum continuous shaft horsepower 1983); all waters of the East River north of all the vessel’s main propulsion ma- of a line drawn from Governors Island, chinery. in approximate position 40°41′25.3″ N (c) Applicability. This section applies 074°00′42.5″ W (NAD 1983) to the south- to tugs with less than 3,000 horsepower west corner of Pier 9A, Brooklyn; south when engaged in towing operations. of a line drawn from East 47th Street, (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

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then this section is in effect from 6:30 Guard Cutter; Coast Guard Station p.m. until 11:30 p.m. on July 5th. New York, Staten Island, NY; Coast (c) Regulations. (1) The general regu- Guard Station Sandy Hook, NJ; Coast lations contained in 33 CFR 165.23 Guard Station Kings Point, NY; and apply. Coast Guard Aids to Navigation Team (2) No vessels, except the Staten Is- New York, Bayonne, NJ. land Ferries, will be allowed to transit (3) Part 105 Facilities—(i) Definition. the safety zone without the permission For the purposes of this section, Part of the Captain of the Port, New York. 105 Facility means any facility subject (3) All persons and vessels shall com- to the regulations contained in 33 CFR ply with the instructions of the Coast part 105, including those designated as Guard Captain of the Port or the des- ‘‘Public Access Facilities’’ as defined ignated on-scene patrol personnel. in 33 CFR 101.105. For public identifica- These personnel comprise commis- tion purposes, all of these facilities are sioned, warrant, and petty officers of required to have signs posted along the the Coast Guard. Upon being hailed by shoreline, facing the water, indicating a U.S. Coast Guard vessel by siren, that there is a 25 yard waterfront secu- radio, flashing light, or other means, rity zone surrounding the facilities. the operator of a vessel shall proceed (ii) Location. All waters within 25 as directed. yards of each Part 105 Facility. When a (4) Vessels equal to or greater than 20 barge, ferry, or other commercial ves- meters (65.6 feet) in length, carrying sel is conducting transfer operations at persons for the purpose of viewing the a Part 105 Facility, the 25-yard zone is fireworks, may take position in an area measured from the outboard side of the inside the safety zone, at least 200 commercial vessel. yards off the bulkhead on the west (iii) Regulations. (A) Vessels not ac- bank and just off the pierhead faces on tively engaged in passenger, cargo, pro- the east bank of the East River be- vision, facility maintenance or inspec- tween the Williamsburg Bridge and tion, bunker transfer operations, or North 9th Street, Brooklyn. This area is bound by the following points: docking or undocking operations, au- 40°42′45.5″ N 073°58′07.4″ W; thence to thorized in advance by the Facility Se- 40°42′50.4″ N 073°58′23.2″ W; thence to curity Plan, Facility Security Officer 40°43′23.1″ N 073°58′12.7″ W; thence to or designated representative, must not 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) enter within any part of a zone de- thence back to the point of beginning. scribed in paragraph (a)(3) of this sec- All vessels must be in this location by tion without the express permission of 6:30 p.m. (e.s.t.) the day of the event. the Coast Guard Captain of the Port, a designated representative or des- [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as ignated on-scene patrol personnel. amended by CGD01–05–017, 70 FR 35536, June (B) Persons seeking Captain of the 21, 2005; USCG–2015–0433, 80 FR 44283, July 27, 2015] Port permission to enter within a particular zone for official business other § 165.169 Safety and Security Zones: than authorized passenger, cargo, pro- New York Marine Inspection Zone vision, facility maintenance or inspec- and Captain of the Port Zone. tion, bunker transfer operations or au- (a) Safety and security zones. The fol- thorized docking or undocking oper- lowing waters within the New York ations may request such authorization Marine Inspection Zone and Captain of by contacting: Commander Coast the Port Zone are safety and security Guard Sector New York, via the Sector zones: Command Center (SCC), at: 212 Coast (1) Indian Point Nuclear Power Station Guard Drive, Staten Island, NY 10305, (IPNPS). All waters of the Hudson or via fax to (718) 354–4125 or by con- River within a 300-yard radius of the tacting the Sector Command Center IPNPS pier in approximate position Duty Officer by phone at: (718) 354–4353. 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). (C) Vessels may transit through any (2) U.S. Coast Guard Cutters and Shore portion of the zone that extends into Facilities. All waters within 100 yards the navigable channel for the sole pur- of: Each moored, or anchored, Coast pose of direct and expeditious transit

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so long as they remain within the navi- nel Ventilators. All waters within 25 gable channel, maintain the maximum yards of any bridge pier or abutment, safe distance from the Part 105 facility, overhead power cable tower, pier or and do not stop or loiter within the tunnel ventilators south of the Troy, zone. NY Locks. Vessels may transit through (4) Liberty and Ellis Islands—(i) Loca- any portion of the zone that extends tion. All waters within 150 yards of Lib- into the navigable channel for the sole erty Island and Ellis Island, and the purpose of direct and expeditious tran- Ellis Island Bridge. sit through the zone so long as they re- (ii) Ellis Island Bridge. In addition to main within the navigable channel, any person or vessel authorized pursu- maintain the maximum safe distance ant to paragraph (b) of this section, from the waterfront facility and do not vessels may transit underneath the stop or loiter within the zone. Ellis Island Bridge subject to the fol- (6) New York City Passenger Ship Ter- lowing conditions: minal, Hudson River, NY—(i) Location. (A) Dates/Times: On weekends only, All navigable waters of the Hudson to include Federally Observed Holidays River bound by the following points: on a Friday or Monday, from Memorial From the point 40°46′09″ N, 073°59′48.7″ Day Weekend through October 1 each W on the seawall midway between Pier year, between one hour after sunrise 92 and 94, thence northwest to approxi- and one hour before sunset. mate position 40°46′14″ N, 074°00′00.9″ W, (B) Vessel types: Human powered ves- approximately 125 yards northwest of sels equal to or less than twenty five Pier 92, thence southwest to approxi- feet. Human powered vessels must be mate position 40°45′56.7″ N, 074°00′15.3″ able to safely navigate under the W, approximately 150 yards west of bridge. (C) Notification: Human powered ves- Pier 86, thence east to the seawall be- sels desiring to transit shall contact tween Pier 84 and Pier 86 at approxi- ° ′ ″ ° ′ ″ the United States Park Police Com- mate position 40 45 49.6 N, 073 59 58.1 mand Center at 212–363–3260 or VHF CH W (NAD 1983), thence northeast along 13 regarding intentions of passage prior the shoreline to the point of origin. to entering the safety and security (ii) Regulations. Vessels not actively zone and transiting under the Ellis Is- engaged in passenger, cargo, provision, land Bridge. facility maintenance or inspection, (D) Route: Transits through the safe- bunker transfer operations, or docking ty and security zone and under the or undocking operations, authorized in bridge shall occur only at the des- advance by the Facility Security Plan, ignated route marked with lights and Facility Security Officer or designated signage. representative, must not enter within (E) Passage: Vessels transiting under any part of a zone described in para- the Ellis Island Bridge shall make ex- graph (a)(6) of this section without the peditious passage and not stop or loiter express permission of the Coast Guard within the safety and security zone. Captain of the Port, a designated rep- (iii) Enforcement period. The safety resentative or designated on-scene pa- and security zone described in this sub- trol personnel. Persons seeking Cap- section is effective at all times. Al- tain of the Port permission to enter though certain vessels have permission within the zone described in paragraph to enter the safety and security zone to (a)(6) of this section for official busi- transit under the Ellis Island Bridge ness other than authorized passenger, subject to the conditions outlined in cargo, provision, facility maintenance paragraphs (a)(4)(ii)(A)–(E) of this sec- or inspection, bunker transfer oper- tion, the safety and security zone is in ations or authorized docking or effect permanently and can be enforced undocking operations may request at any time. When deemed necessary such authorization by contacting: the COTP may rescind the permission Commander Coast Guard Sector New granted in paragraphs (a)(4)(ii)(A)–(E) York, via the Sector Command Center of this section for any period of time. (SCC), at: 212 Coast Guard Drive, Stat- (5) Bridge Piers and Abutments, Over- en Island, NY 10305, or via fax to (718) head Power Cable Towers, Piers and Tun- 354–4125 or by contacting the Sector

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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, 073°53′07.3″ W, thence to 40°46′53.0″ N, 073°47′32.6″ W, thence to 40°37′46.1″ N, 073°52′50.9″ W, thence to 40°46′57.6″ N, 073°47′07.2″ W, thence to 40°37′19.5″ N, 073°52′47.9″ W, thence to 40°47′11.8″ N, 073°47′30.4″ W, thence to 40°37′05.5″ N, 073°53′17.3″ W, thence to 40°47′13.0″ N, 073°47′03.0″ W, thence to 40°37′34.7″ N, 073°53′16.1″ W on Rikers Island, thence 073°46′40.6″ W, thence to 40°37′20.5″ N, easterly along the Rikers Island shore- 073°46′23.5″ W, thence to 40°37′05.7″ N, line to approximate position 40°47′12.9″ 073°46′34.9″ W, thence to 40°36′54.8″ N, N, 073°52′17.9″ W, thence to 40°47′16.7″ N, 073°46′26.7″ W, thence to 40°37′14.1″ N, 073°52′09.2″ W, thence to 40°47′36.1″ N, 073°46′10.8″ W, thence to 40°37′36.9″ N, 073°51′52.5″ W, thence to 40°47′35.1″ N, 073°45′52.8″ W, thence to 40°38′00.8″ N, 073°51′50.5″ W, thence to 40°47′15.9″ N, 073°44′54.9″ W, thence to 40°38′05.1″ N, 073°52′06.4″ W, thence to 40°47′14.5″ N, 073°45′00.3″ W, (NAD 1983) thence along 073°52′03.1″ W, thence to 40°47′07.9″ N, the shoreline to the point of origin. 073°52′09.2″ W, thence to 40°47′01.4″ N, (iv) Location: 100-Yard Zone. All 073°52′06.1″ W, thence to 40°46′50.0″ N, waters of Jamaica Bay within approxi- 073°52′14.6″ W, thence to 40°46′22.2″ N, mately 100 yards of John F. Kennedy 073°51′16.0″ W, thence to 40°45′57.2″ N, Airport bound by the following points:

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Onshore east of Bergen Basin, Queens, Captain of the Port will allow vessels in approximate position 40°38′49.0″ N, to operate within that portion of the 073°49′09.1″ W, thence to 40°38′45.1″ N, waters described in paragraph (a)(9)(i) 073°49′11.6″ W, thence to 40°38′02.0″ N, that lies outside of the waters de- 073°47′31.8″ W, thence to 40°37′52.3″ N, scribed in paragraph (a)(9)(ii). Author- 073°47′55.0″ W, thence to 40°37′50.3″ N, ization to enter the waters that lie be- 073°47′53.5″ W, thence to 40°38′00.8″ N, tween the outer boundaries of the 073°47′29.4″ W, thence to 40°37′47.4″ N, zones described in paragraphs (a)(9)(i) 073°47′02.4″ W, thence to 40°37′19.9″ N, and (a)(9)(ii) will be communicated by 073°47′25.0″ W, thence to 40°37′10.0″ N, the Captain of the Port to the public 073°47′03.7″ W, thence to 40°37′37.7″ N, by marine broadcast, local notice to 073°46′41.2″ W, thence to 40°37′22.6″ N, mariners, or notice posted at http:// 073°46′21.9″ W, thence to 40°37′05.7″ N, homeport.uscg.mil/newyork. 073°46′34.9″ W, thence to 40°36′54.8″ N, (10) Port Newark/Port Elizabeth, New- 073°46′26.7″ W, thence to 40°37′14.1″ N, ark Bay, NJ. All waters of Newark Bay 073°46′10.8″ W, thence to 40°37′40.0″ N, bound by the following points: 073°45′55.6″ W, thence to 40°38′02.8″ N, 40°41′49.9″ N, 074°07′32.2″ W, thence to 073°44′57.5″ W, thence to 40°38′05.1″ N, 40°41′46.5″ N, 074°07′20.4″ W, thence to 073°45′00.3″ W, (NAD 1983) thence along 40°41′10.7″ N, 074°07′45.9″ W, thence to the shoreline to the point of origin. 40°40′54.3″ N, 074°07′55.7″ W, thence to (v) Enforcement period. The zones de- 40°40′36.2″ N, 074°08′03.8″ W, thence to scribed in paragraphs (a)(8) of this sec- 40°40′29.1″ N, 074°08′06.3″ W, thence to tion will be effective at all times. When 40°40′21.9″ N, 074°08′10.0″ W, thence to port security conditions permit, the 40°39′27.9″ N, 074°08′43.6″ W, thence to Captain of the Port will allow vessels 40°39′21.5″ N, 074°08′50.1″ W, thence to to operate within that portion of the 40°39′21.5″ N, 074°09′54.3″ W, (NAD 1983) waters described in paragraph (a)(8)(iii) thence northerly along the shoreline to that lies outside of the waters de- the point of origin. scribed in paragraph (a)(8)(iv). Author- (11) Global Marine Terminal, Upper ization to enter the waters that lie be- New York Bay. All waters of Upper New tween the outer boundaries of the York Bay between the Global Marine zones described in paragraphs (a)(8)(iii) and Military Ocean Terminals, west of and (a)(8)(iv) will be communicated by the New Jersey Pierhead Channel. the Captain of the Port to the public by marine broadcast, local notice to (12) Approaches to New York, Atlantic mariners, or notice posted at http:// Ocean—(i) Location: All waters of the homeport.uscg.mil/newyork. Atlantic Ocean between the Ambrose (9) NYPD Ammunition Depot, Rodman to Hudson Canyon Traffic Lane and the Neck, Eastchester Bay, NY. (i) Location: Barnegat to Ambrose Traffic Lane 150-Yard Zone. All waters of bound by the following points: ° ′ ″ ° ′ ″ Eastchester Bay within approximately 40 21 29.9 N, 073 44 41.0 W, thence to ° ′ ″ ° ′ ″ 150 yards of Rodman Neck bound by the 40 21 04.5 N, 073 45 31.4 W, thence to ° ′ ″ ° ′ ″ following points: Onshore in approxi- 40 15 28.3 N, 073 44 13.8 W, thence to mate position 40°51′30.4″ N, 073°48′14.9″ 40°15′35.4″ N, 073°43′29.8″ W, thence to W, thence to 40°51′29.9″ N, 073°48′20.7″ W, 40°19′21.2″ N, 073°42′53.0″ W, (NAD 1983) thence to 40°51′16.9″ N, 073°48′22.5″ W, thence to the point of origin. thence to 40°51′07.5″ N, 073°48′18.7″ W, (ii) Enforcement period. Enforcement thence to 40°50′54.2″ N, 073°48′11.1″ W, periods for the zone in paragraph (a)(12) thence to 40°50′48.5″ N, 073°48′04.6″ W, of this section will be announced thence to 40°50′49.2″ N, 073°47′56.5″ W, through marine information broadcast thence to 40°51′03.6″ N, 073°47′47.3″ W, or other appropriate method of commu- thence to 40°51′15.7″ N, 073°47′46.8″ W, nication and the zone is activated thence to 40°51′23.5″ N, 073°47′41.9″ W, whenever a vessel is anchored in the (NAD 1983) thence southwesterly along area described in paragraph (a)(12)(i) or the shoreline to the point of origin. a Coast Guard patrol vessel is on-scene. (ii) Enforcement period. The zones de- (iii) Regulations. (A) The area described in paragraph (a)(9) of this sec- scribed in paragraph (a)(12) of this section will be effective at all times. When tion is not a Federal Anchorage port security conditions permit, the Ground. Only vessels directed by the

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

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authorized to carry more than 400 pas- yard zone is measured from the out- sengers and are less than 200 feet in board side of the commercial vessel. length will be recognizable by their (ii) Regulations. (A) Vessels not ac- being escorted by a federal, state or tively engaged in passenger, cargo, pro- local law enforcement or security ves- vision, facility maintenance or inspec- sel. The law enforcement or security tion, bunker transfer operations, or vessel will be identifiable by flashing docking or undocking operations, au- light, siren, flags, markings and/or thorized in advance by the Facility Se- through other means that clearly iden- curity Plan, Facility Security Officer tify the vessel as engaged in law en- or designated representative, must not forcement or security operations. enter within any part of a zone de- (16) 134th Street Pipeline Metering and scribed in paragraph (a)(17) of this sec- Regulating Station—(i) Location. All waters of the Hudson River within 25 tion without the express permission of yards of the 134th Street Pipeline Me- the Coast Guard Captain of the Port, a tering and Regulating Station. designated representative, or des- (ii) Regulations. (A) Vessels not ac- ignated on-scene patrol personnel. tively engaged in facility maintenance (B) Persons seeking Captain of the or inspection operations authorized in Port permission to enter within a par- advance by the Pipeline Security Offi- ticular zone for official business other cer or designated representative, or au- than authorized passenger, cargo, pro- thorized docking or undocking oper- vision, facility maintenance or inspec- ations, must not enter within any part tion, bunker transfer operations or au- of a zone described in paragraph (a)(16) thorized docking or undocking oper- of this section without the express per- ations may request such authorization mission of the Coast Guard Captain of by contacting: Commander Coast the Port, a designated representative Guard Sector New York, via the Sector or designated on-scene patrol per- Command Center (SCC), at: 212 Coast sonnel. Guard Drive, Staten Island, NY 10305, (B) Persons seeking Captain of the or via fax to (718) 354–4125 or by con- Port permission to enter within a par- tacting the Sector Command Center ticular zone for official business other Duty Officer by phone at: (718) 354–4353. than authorized passenger, cargo, pro- (C) Vessels entering or departing the vision, facility maintenance or inspec- marina north of the Newport Helistop tion, bunker transfer operations or authorized docking or undocking oper- are authorized to transit through the ations may request such authorization safety/security zone around the New- by contacting: Commander Coast port Helistop during their transit, pro- Guard Sector New York, via the Sector vided that helicopters are not taking Command Center (SCC), at: 212 Coast off or landing. No loitering or unneces- Guard Drive, Staten Island, NY 10305, sary delay is authorized during these or via fax to (718) 354–4125 or by con- transits. tacting the Sector Command Center (b) Regulations. (1) Entry into or re- Duty Officer by phone at: (718) 354–4353. maining in a safety or security zone is (17) Waterfront heliports—(i) Location. prohibited unless authorized by the All waters of the East River within 25 Coast Guard Captain of the Port, New yards of the East 34th Street and Wall York. Street Heliports, and all waters of the (2) Persons desiring to transit the Hudson River within 25 yards of the area of a safety or security zone may West 30th Street Heliport and the Jer- contact the Captain of the Port at tele- sey City/Newport Helistop, areas of phone number 718–354–4088 or on VHF land or water under and in immediate channel 14 (156.7 MHz) or VHF channel proximity to them; buildings on such 16 (156.8 MHz) to seek permission to structures or contiguous to them; and transit the area. If permission is grant- equipment and materials on such ed, all persons and vessels must comply structures and in such buildings. When a barge, ferry, or other commercial with the instructions of the Captain of vessel is conducting transfer operations at a waterfront heliport, the 25-

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the Port or his or her designated rep- law enforcement vessels assigned or ap- resentative. proved by the Captain of the Port, Sec- tor Northern New England. [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01–03–036, 69 FR 2670, Jan. 20, (b) Vessels may not transit the regu- 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; lated areas without Patrol Commander USCG–2008–0179, 73 FR 35017, June 19, 2008; approval. Vessels permitted to transit USCG–2007–0074, 74 FR 7191, Feb. 13, 2009; must operate at a no wake speed, in a USCG–2016–0799, 83 FR 30044, June 27, 2018; manner which will not endanger par- USCG–2018–0532, 85 FR 5570, Jan. 31, 2020] ticipants or other crafts in the event. (c) Spectators or other vessels shall § 165.171 Safety Zones for fireworks not anchor, block, loiter, or impede the displays and swim events held in Coast Guard Sector Northern New movement of event participants or offi- England Captain of the Port Zone. cial patrol vessels in the regulated areas during the effective dates and The Coast Guard is establishing safe- times, or dates and times as modified ty zones for the fireworks displays list- through the Local Notice to Mariners, ed in the Table 1 to § 165.171. These reg- unless authorized by an official patrol ulations will be enforced for the dura- vessel. tion of each event, on or about the (d) The Patrol Commander may con- dates indicated in the Table 1 to trol the movement of all vessels in the § 165.171. Mariners should consult their regulated area. When hailed or signaled Local Notice to Mariners to remain ap- by an official patrol vessel, a vessel prised of the specific calendar date shall come to an immediate stop and upon which the listed event falls for comply with the lawful directions each calendar year and other specific issued. Failure to comply with a lawful information concerning the event. direction may result in expulsion from First Coast Guard District Local No- the area, citation for failure to comply, tice to Mariners can be found at: http:// or both. www.navcen.uscg.gov/. The Sector (e) The Patrol Commander may delay Northern New England Marine Events or terminate any event in this subpart schedule can also be viewed electroni- at any time to assure safety. Such ac- cally at www.homeport.uscg.mil. tion may be justified as a result of NOTE TO INTRODUCTORY TEXT OF § 165.171: weather, traffic density, spectator op- Although listed in the Code of Federal Regu- eration or participant behavior. lations, sponsors of events listed in the Table (f) For all swim events listed, vessels to § 165.171 shall submit an application each not associated with the event shall year in accordance with 33 CFR 100.15. maintain a separation zone of 200 feet (a) The Coast Guard may patrol each from participating swimmers. event area under the direction of a des- (g) For all fireworks displays listed ignated Coast Guard Patrol Com- below, the regulated area is that area mander. The Patrol Commander may of navigable waters within a 350 yard be contacted on Channel 16 VHF–FM radius of the launch platform or launch (156.8 MHz) by the call sign site for each fireworks display. ‘‘PATCOM.’’ The ‘‘official patrol ves- (h) The specific calendar date upon sels’’ may consist of any Coast Guard, which the listed event falls will be pub- Coast Guard Auxiliary, state, or local lished in the FEDERAL REGISTER.

TABLE 1 TO § 165.171

6.0 JUNE

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

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TABLE 1 TO § 165.171—Continued 6.2 LaKermesse Fireworks ...... • Event Type: Fireworks Display. • Date: One night event in June.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: Biddeford, Maine in approximate position: 43°29′37″ N, 070°26′47″ W (NAD 83)

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

7.0 JULY

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

7.2 Burlington Independence Day Fireworks .. • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 9:00 p.m. to 11:00 p.m. • Location: From a barge in the vicinity of Bur- lington Harbor, Burlington, Vermont in approximate position: 44°28′31″ N, 073°13′31″ W (NAD 83) 7.3 Camden 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate position: 44°12′32″ N, 069°02′58″ W (NAD 83)

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

7.5 Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position: 44°23′31″ N, 068°12′15″ W (NAD 83)

7.6 Boothbay Harbor 4th of July Fireworks .... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m.

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TABLE 1 TO § 165.171—Continued • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83)

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

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

7.9 Hampton Beach 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 11:00 p.m. • Location: In the vicinity of Hampton Beach, New Hampshire in approximate position: 42°54′40″ N, 070°48′31″ W (NAD 83)

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

7.11 Lubec 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Lubec Public Boat Launch in approximate position: 44°51′52″ N, 066°59′06″ W (NAD 83)

7.12 Main Street Heritage Days 4th of July • Event Type: Fireworks Display. Fireworks. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position: 43°54′56″ N, 069°48′16″ W (NAD 83)

7.13 Portland Harbor 4th of July Fireworks .... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 10:30 p.m. • Location: In the vicinity of East End Beach, Portland, Maine in approximate position: 43°40′15″ N, 070°14′42″ W (NAD 83)

7.14 St. Albans Day Fireworks ...... • Event Type: Fireworks Display.

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TABLE 1 TO § 165.171—Continued • Date: One night event in July.* • Time (Approximate): 9:00 p.m. to 10:00 p.m. • Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in approximate position: 44°48′25″ N, 073°08′23″ W (NAD 83)

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

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

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

7.18 St. George Days Fireworks ...... • Event Type: Fireworks. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 10:30 p.m. • Location: The regulated area includes all waters of Inner Tenants Harbor, ME, in approximate position: 43°57′41‘‘N 069°12′45‘‘W (NAD 83)

7.19 Tri for a Cure Swim Clinics and Triathlon • Event Type: Swim Event. • Date: A multi-day event held throughout July.* • Time (Approximate): 8:30 a.m. to 11:30 a.m. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43°39′01″ N, 070°13′32″ W 43°39′07″ N, 070°13′29″ W 43°39′06″ N, 070°13′41″ W 43°39′01″ N, 070°13′36″ W

7.20 Richmond Days Fireworks ...... • Event Type: Fireworks Display. • Date: A one day event in July.* • Time (Approximate): 8:00 p.m. to 10:00 p.m.

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TABLE 1 TO § 165.171—Continued • 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)

7.21 Colchester Triathlon ...... • Event Type: Swim Event. • Date: A one day event in July.* • Time (Approximate): 7:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Malletts Bay on Lake Champlain, Vermont within the following points (NAD 83): 44°32′57″ N, 073°12′38″ W 44°32′46″ N, 073°13′00″ W 44°33′24″ N, 073°11′43″ W 44°33′14″ N, 073°11′35″ W

7.22 Peaks to Portland Swim ...... • Event Type: Swim Event. • Date: A one day event in July.* • Time (Approximate): 5:00 a.m. to 1:00 p.m. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83): 43°39′20″ N, 070°11′58″ W 43°39′45″ N, 070°13′19″ W 43°40′11″ N, 070°14′13″ W 43°40′08″ N, 070°14′29″ W 43°40′00″ N, 070°14′23″ W 43°39′34″ N, 070°13′31″ W 43°39′13″ N, 070°11′59″ W

7.23 Friendship Days Fireworks ...... • Event Type: Fireworks Display. • Date: A one day event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Town Pier, Friendship Harbor, Maine in approximate position: 43°58′23″ N, 069°20′12″ W (NAD 83)

7.24 Bucksport Festival and Fireworks ...... • Event Type: Fireworks Display. • Date: A one day event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Verona Island Boat Ramp, Verona, Maine, in approximate position: 44°34′9‘‘N 068°47′28‘‘W (NAD 83)

7.25 Nubble Light Swim Challenge ...... • Event Type: Swim Event. • Time (Approximate): 9:00 a.m. to 12:30 p.m. • Location: The regulated area includes all waters around Cape Neddick, Maine and within the following coordinates: 43°10′28″ N, 070°36′26″ W 43°10′34″ N, 070°36′06″ W 43°10′30″ N, 070°35′45″ W 43°10′17″ N, 070°35′24″ W 43°09′54″ N, 070°35′18″ W

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TABLE 1 TO § 165.171—Continued 43°09′42″ N, 070°35′37″ W 43°09′51″ N, 070°37′05″ W

7.26 Paul Coulombe Anniversary Fireworks ... • Event Type: Fireworks Display. • Date: A one day event in July.* • Time: 8:00 p.m. to 11:30 p.m. • Location: In the vicinity of Pratt Island, Southport, ME, in approximate position: 43°48′44‘‘N 069°41′11‘‘W (NAD 83)

7.27 Castine 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night event in July.* • Time (Approximate): 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of the town dock in the Castine Harbor, Castine, Maine in approximate position: 44°23′10″ N, 068°47′28″ W (NAD 83)

8.0 AUGUST

8.1 Westerlund’s Landing Party Fireworks ..... • Event Type: Fireworks Display. • Date: A one day event in August.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Westerlund’s Landing in South Gardiner, Maine in approximate position: 44°10′29″ N, 069°45′16″ W (NAD 83)

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

8.3 North Hero Air Show ...... • Event Type: Air Show. • Date: A one day event in August.* • Time (Approximate): 10:00 a.m. to 5:00 p.m. • Location: In the vicinity of Shore Acres Dock, North Hero, Vermont in approximate position: 44°48′24″ N, 073°17′02″ W 44°48′22″ N, 073°16′46″ W 44°47′53″ N, 073°16′54″ W 44°47′54″ N, 073°17′09″ W

8.4 Islesboro Crossing Swim ...... • Event Type: Swim Event. • Date: A one day event in August.* • Time: (Approximate): 6:00 a.m. to 11:00 a.m. • Location: West Penobscot Bay from Ducktrap Beach, Lincolnville, ME to Grindel Point, Islesboro, ME, in approximate position: 44°17′44″ N, 069°00′11″ W 44°16′58″ N, 068°56′35″ W

8.5 Paul Coulombe Party Fireworks ...... • Event Type: Fireworks Display.

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TABLE 1 TO § 165.171—Continued • Date: A one day event in August.* • Time (Approximate): 9:00 p.m. to 10:30 p.m. • Location: From a barge in the vicinity of Pratt Island, Southport, Maine in approximate position: 43°48′69″ N, 069°41′18″ W (NAD 83)

8.6 Casco Bay Island Swim/Run ...... • Event Type: Swim/Run Event. • Date: A one day event in August.* • Time (Approximate): 7:30 a.m. to 1:00 p.m. • Location: All waters of Casco Bay, Maine in the vicinity of Casco Bay Island archipelago and within the following coordinates (NAD 83): 43°42′47″ N, 070°07′07″ W 43°38′09″ N, 070°11′57″ W 43°34′57″ N, 070°12′55″ W 43°41′31″ N, 070°11′37″ W 43°43′25″ N, 070°08′25″ W

8.7 Port Mile Swim ...... • Event Type: Swim Event. • Date: A one day event August.* • Time (Approximate): 7:00 a.m. to 9:00 a.m. • Location: All waters of Casco Bay, Maine in the vicinity of East End Beach within the following points (NAD 83): 43°40′09″ N, 070°14′27″ W 43°40′05″ N, 070°14′01″ W 43°40′21″ N, 070°14′09″ W

8.8 Ironman 70.3 Maine ...... • Event Type: Swim Event. • Date: A one day event August.* • Time (Approximate): 6:00 a.m. to 08:30 a.m. • Location: All waters of Saco Bay, Maine in the vicinity of Old Orchard Beach within the following points (NAD 83): 43°30′54″ N, 070°22′24″ W 43°31′14″ N, 070°22′08″ W 43°30′39″ N, 070°21′46″ W 43°31′00″ N, 070°21′30″ W

8.9 Lake Champlain Swimming Race ...... • Event Type: Swim Event. Date: A one day event in August • Time (Approximate): 9:00 a.m. to 3 p.m. • Location: Essex Beggs Point Park, Essex, NY, to Charlotte Beach, Charlotte, VT. 44°18′32″ N, 073°20′52″ W 44°20′03″ N, 073°16′53″ W

9.0 SEPTEMBER

9.1 Camden Windjammer Festival Fireworks • Event Type: Fireworks Display. • Date: A one night event in September.* • Time (Approximate): 8:00 p.m. to 9:30 p.m. • Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position:

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TABLE 1 TO § 165.171—Continued 44°12′18″ N, 069°03′11″ W (NAD 83)

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

9.3 The Lobsterman Triathlon ...... • Event Type: Swim Event. • Date: A one day event in September.* • Time (Approximate): 8:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83): 43°47′59″ N, 070°06′56″ W 43°47′44″ N, 070°06′56″ W 43°47′44″ N, 070°07′27″ W 43°47′57″ N, 070°07′27″ W

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

[USCG–2011–1023, 77 FR 23608, Apr. 20, 2012, as unless authorized by the Captain of the amended by USCG–2012–1057, 78 FR 47562, Port (COTP) New York or the des- Aug. 6, 2013; USCG–2013–0904, 79 FR 18176, ignated on-scene representative. Apr. 1, 2014; USCG–2014–0865, 80 FR 27093, May 12, 2015; USCG–2015–1052, 81 FR 36160, June 6, (3) The ‘‘designated on-scene rep- 2016; USCG–2016–0998, 82 FR 44069, Sept. 21, resentative’’ is any Coast Guard com- 2017; USCG–2018–1076, 84 FR 30892, June 28, missioned, warrant, or petty officer 2019] who has been designated by the COTP New York. § 165.172 Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, (4) Vessel operators desiring to enter NY. or operate within the safety zone may contact the COTP New York or the des- (a) Location. The following area is a ignated representative at the Coast safety zone: All navigable waters of Guard Sector New York Command Cen- Gravesend Bay within a 110-yard radius of a point in position 40°36′30″ N, ter via VHF Channel 16 or by phone at 074°02′14″ W (NAD 83), approximately 70- (718) 354–4353 to request permission. yards southeast of the Verrazano (5) Vessel operators given permission Bridge Brooklyn tower. to enter or operate in the safety zone (b) Regulations. (1) The general regu- must comply with all directions given lations contained in 33 CFR 165.23 to them by the COTP New York or the apply. on-scene representative. (2) Entering into, transiting through, [USCG–2010–1091, 76 FR 31234, May 31, 2011] diving, dredging, dumping, fishing, trawling, conducting salvage operations, remaining within or anchoring within this safety zone is prohibited

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§ 165.173 Safety Zones for annually re- (c) The Coast Guard may patrol each curring marine events held in Coast event area under the direction of a des- Guard Southeastern New England ignated Coast Guard Patrol Com- Captain of the Port Zone. mander. The Patrol Commander may (a) Regulations. (1) The general regu- be contacted on Channel 16 VHF–FM lations contained in 33 CFR 165.23 as (156.8 MHz) by the call sign well as the following regulations apply ‘‘PATCOM.’’ The ‘‘official patrol ves- to the fireworks displays and swim sels’’ may consist of any Coast Guard, events listed in the Table to § 165.173. Coast Guard Auxiliary, state, or local These regulations may be enforced for law enforcement vessels assigned or ap- the duration of each event. proved by the Captain of the Port, (2) Notifications will be made to the Southeastern New England. local maritime community through the (d) Vessels may not transit the regu- Local Notice to Mariners well in ad- lated areas without Patrol Commander vance of the events. If the event does approval. Vessels permitted to transit not have a date listed, then exact dates must operate at a no wake speed, in a and times of the enforcement period manner which will not endanger par- will be announced through a Notice of ticipants or other crafts in the event. Enforcement in the FEDERAL REGISTER. (e) Spectators or other vessels shall not anchor, block, loiter, or impede the NOTE TO PARAGRAPH (a): Although listed in movement of event participants or offi- the Code of Federal Regulations, sponsors of cial patrol vessels in the regulated events listed in the Table shall submit an ap- areas during the effective dates and plication each year in accordance with 33 CFR 100.15. times, or dates and times as modified through a Notice of Enforcement pub- (b) Definitions. The following defini- lished in the FEDERAL REGISTER, unless tions apply to this section: authorized by an official patrol vessel. (1) Designated representative. A ‘‘des- (f) The Patrol Commander may con- ignated representative’’ is any Coast trol the movement of all vessels in the Guard commissioned, warrant or petty regulated area. When hailed or signaled officer of the U.S. Coast Guard who has by an official patrol vessel, a vessel been designated by the Captain of the shall come to an immediate stop and Port, Southeastern New England comply with the lawful directions (COTP), to act on his or her behalf. The issued. Failure to comply with a lawful designated representative may be on an direction may result in expulsion from official patrol vessel or may be on the area, citation for failure to comply, shore and will communicate with ves- or both. sels via VHF–FM radio or loudhailer. (g) The Patrol Commander may delay In addition, members of the Coast or terminate any event in this subpart Guard Auxiliary may be present to in- at any time to ensure safety. Such ac- form vessel operators of this regulation may be justified as a result of tion. weather, traffic density, spectator op- (2) Official patrol vessels. Official pa- eration or participant behavior. trol vessels may consist of any Coast (h) For all fireworks displays listed Guard, Coast Guard Auxiliary, state, or below, the regulated area is that area local law enforcement vessels assigned of navigable waters within the speci- or approved by the COTP. fied radius of the launch platform or (3) Spectators. All persons and vessels launch site for each fireworks display, not registered with the event sponsor unless modified later in a Notice of En- as participants or official patrol ves- forcement published in the FEDERAL sels. REGISTER.

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TABLE TO § 165.173

1.0 365 DAY JANU- ARY–DECEMBER 1.1 Provincetown Fire- • Event Type: Fireworks Display. works. • 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 Fire- • Event Type: Fireworks Display. works. • 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 Hurricane Barrier in the Providence River, Providence, RI. • Position: Within 500 yards of 41°48′50″ N., 071°23′43″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 1.3 Fall River Fire- • Event Type: Fireworks Display. works. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Reg- ister. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Battleship Cove, Fall River, MA. • Position: Within 500 yards of 41°42′37″ N., 071°09′53″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 5.0 MAY 5.1 RI National Guard • Event Type: Air Show. Air Show. • Date: One weekend (Friday, Saturday, and Sunday) in May, June, or July, as announced in the local Notice to Mariners. • Time: Approximately 9:00 a.m. to 7:00 p.m. • Location: (1) All waters over the West Passage of 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.

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TABLE TO § 165.173—Continued

6.0 JUNE 6.1 Oak Bluffs Sum- • Event Type: Fireworks Display. mer Solstice. • Date: One night on the 3rd or 4th weekend of June, 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, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′19″ N., 070°33′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 6.2 Swim Buzzards • Event Type: Swim Event. Bay. • Date: One Saturday or Sunday in June, July, or August, as announced in the Local Notice to Mariners. • Time: Start times will vary from 6:00 a.m. to 11:59 a.m., and last approximately two hours until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Outer New Bedford Harbor, within 500 yards along a centerline with an approximate start point of 41°36′35″ N., 070°54′18″ W. (NAD 83) and an approximate end point of 41°37′26″ N., 070°53′48″ W. (NAD 83) at Davy’s Locker Restaurant in New Bed- ford, MA, to Fort Phoenix Beach in Fairhaven, MA. • Safety Zone Dimension: 500 yards on either side of the centerline described above. 7.0 JULY 7.1 Marion 4th of July • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Outer Sipican Harbor, Mar- ion, 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 • Event Type: Fireworks Display. July 4th Festival. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Tim’s Cove, North Bay, Osterville, MA. • Position: Within 500 yards of 41°37′29″ N., 070°25′12″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.3 North Kingstown • Event Type: Fireworks Display. Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m.

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TABLE TO § 165.173—Continued

• Location: From a barge in the vicinity of Town Beach, North King- ston, 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 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 a barge in the vicinity of Falmouth Beach, Fal- mouth, 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 • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of 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 • Event Type: Fireworks Display. 4th of July 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 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 • Event Type: Fireworks Display. Barnstable/Hyannis July 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. 7.8 Edgartown 4th of • Event Type: Fireworks Display. July Fireworks Cele- bration. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m.

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TABLE TO § 165.173—Continued

• 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 Bed- • Event Type: Fireworks Display. ford Fireworks Dis- 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 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 • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: 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 [Reserved] 7.13 Save the Bay • Event Type: Swim Event. Swim. • 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.

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TABLE TO § 165.173—Continued

• Safety Zone Dimension: 500 yards on either side of the centerline described above. 8.0 AUGUST 8.1 Boston Pops Nan- • Event Type: Fireworks Display. tucket. • 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 Fire- • Event Type: Fireworks Display. works. • 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 • Event Type: Fireworks Display. Summer Fireworks. • Date: One night during the last two weekends in August or 1st weekend in September, as announced in the Local Notice to Mari- ners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • 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. 8.4 Fall River Grand • Event Type: Offshore powerboat race Prix. • Date: One weekend (Friday, Saturday, & Sunday) in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 a.m. to 5 p.m. daily • Location: Taunton River, Massachusetts, in the vicinity of Fall River and Somerset, MA. • Safety Zone Dimension: Mt Hope Bay and the Taunton River navigation channel from approximately Mt Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the northeast up to and including Mt Hope Bay buoy C17 north of the Braga Bridge. The safety zone is encompassed by the following coordinates (NAD 83):

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TABLE TO § 165.173—Continued

Corner Latitude Longitude SW., 41°41.40′ N., 71°11.15′ W. NW., 41°41.48′ N., 71°11.15′ W. SE., 41°42.33′ N., 71°09.40′ W. NE., 41°42.42′ N., 71°09.47′ W.

8.5 Cape Cod Bay • Event Type: Paddleboard excursion. Challenge. • Date: One weekend day (Saturday or Sunday) in August. • Time: Approximately 4:30 a.m. to 4:30 p.m. • Location: Departing from Scusset Beach, Sandwich, MA, and transiting to Wellfleet Harbor, Wellfleet, MA. • Position: A line drawn from Scusset Beach at approximate position 41°47′ N., 70°30′ W., to Wellfleet Harbor at approximate position 41°53′ N., 70°02′ W. (NAD 83). • Safety Zone Dimension: Approximately 500 yards extending in each direction from the line described above. 9.0 SEPTEMBER 9.1 Provincetown Har- • Event Type: Swim Event. bor Swim for 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 Lighthouse. approximate position 42°01′59″ N., 070°10′07″ W. (NAD 83), and the end point, the Boatslip Resort, Provincetown, MA, approximate position 42°02′48″ N., 070°11′24″ W. (NAD 83). • Safety Zone Dimension: 250 yards on either side of the centerline described above. 9.2 Spirit of Somerset • Event Type: Fireworks Display. Celebration. • 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 Sea- • Event Type: Fireworks Display. side Festival Fire- works. • 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 Yar- mouth, MA. • Position: Within 500 yards of 41°38′06″ N., 070°13′13″ W. (NAD 83).

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TABLE TO § 165.173—Continued

• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.

[USCG–2011–1026, 76 FR 30191, May 22, 2012, as amended by USCG–2014–0061, 79 FR 34629, June 18, 2014; USCG–2015–0433, 80 FR 44283, July 27, 2015; USCG–2016–1022, 82 FR 23142, May 22, 2017]

§ 165.202 [Reserved] (3) Those in the safety zone must comply with all lawful orders or direc- FIFTH COAST GUARD DISTRICT tions given to them by the COTP or the COTP’s designated representative. § 165.T05–0061 Safety Zone for Fire- (d) Enforcement officials. The U.S. works Displays; Upper Potomac Coast Guard may be assisted in the pa- River, Washington Channel, Wash- ington, DC. trol and enforcement of the safety zone by Federal, State, and local agencies. (a) Location. The following area is a (e) Enforcement. This safety zone will safety zone: All navigable waters of the be enforced April 4, 2020, through De- Washington Channel within 200 feet of cember 31, 2020, from 7 p.m. to 11:59 the fireworks barge which will be lo- p.m. each day that a barge with a cated within an area bounded on the ° ′ ″ ‘‘FIREWORKS—DANGER—STAY south by latitude 38 52 30 N, and AWAY’’ sign on the port and starboard bounded on the north by the southern sides is on-scene or a ‘‘FIREWORKS— extent of the Francis Case (I–395) Me- DANGER—STAY AWAY’’ sign is post- morial Bridge, located at Washington, ed on land adjacent to the shoreline, DC. These coordinates are based on near the location described in para- datum NAD 1983. graph (a) of this section. The enforce- (b) Definitions. As used in this sec- ment times of this section are subject tion— to change, but the duration of each en- (1) Captain of the Port (COTP) means forcement of the zone is expected to be the Commander, U.S. Coast Guard Sec- 5 hours or less. Prior to enforcement, tor Maryland-National Capital Region. the COTP will provide notice by pub- (2) Designated representative means lishing a Notice of Enforcement at any Coast Guard commissioned, war- least 2 days in advance of the event in rant, or petty officer who has been au- the FEDERAL REGISTER, as well as thorized by the Captain of the Port issuing a Local Notice to Mariners and Maryland-National Capital Region to Broadcast Notice to Mariners at least assist in enforcing the safety zone de- 24 hours in advance. scribed in paragraph (a) of this section. (c) Regulations. (1) Under the general [USCG–2020–0061, 85 FR 20595, Apr. 14, 2020] safety zone regulations in subpart C of EFFECTIVE DATE NOTE: By USCG–2020–0061, this part, you may not enter the safety 85 FR 20595, Apr. 14, 2020, § 165.T05–0061 was zone described in paragraph (a) of this added, effective Apr. 14, 2020, through Dec. section unless authorized by the COTP 31, 2020. or the COTP’s designated representative. All vessels underway within this § 165.T05–1053 Safety Zone, Delaware safety zone at the time it is activated River; Pipeline Removal; Marcus are to depart the zone. Hook, PA. (2) To seek permission to enter, con- (a) Location. The following areas are tact the COTP or the COTP’s rep- safety zones: All navigable waters resentative by telephone at 410–576–2693 within 250 yards of the towing vessel or on Marine Band Radio VHF–FM JOKER, Commerce Construction crane channel 16 (156.8 MHz). The Coast barge KELLY, and associated diving Guard vessels enforcing this section and pipe removal vessels, as well as can be contacted on Marine Band Radio any associated equipment, operating in VHF–FM channel 16 (156.8 MHz). Marcus Hook Range and Anchorage No.

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7 near Marcus Hook, PA, on the Dela- Information Bulletin further defining ware River. specific work locations and traffic pat- (b) Definitions—(1) Captain of the Port terns. means the Commander, Sector Dela- (5) All vessels must operate at the ware Bay or any Coast Guard commis- minimum safe speed necessary to sioned, warrant, or petty officer who maintain steerage and reduce wake. has been authorized by the Captain of (6) This section applies to all vessels the Port to act on his behalf. that intend to transit through the safe- (2) Designated representative means ty zone except vessels that are engaged any Coast Guard commissioned, war- in the following operations: enforce- rant or petty officer who has been au- ment of laws, service of aids to naviga- thorized by the Captain of the Port, tion, and emergency response. Delaware Bay, to assist with the en- (d) Enforcement periods. This section forcement of safety zones described in will be enforced from December 8, 2017, paragraph (a) of this section. through February 28, 2018. Enforcement (c) Regulations. The general safety will generally be between the hours of zone regulations found in 33 CFR part 5 a.m. and 7 p.m., Monday through Sun- 165 subpart C apply to the safety zone day, while the zone is in effect. created by this section. [USCG–2017–1053, 82 FR 58744, Dec. 14, 2017] (1) Entry into or transiting within either safety zone is prohibited unless § 165.500 Safety/Security Zones; Chesa- vessels obtain permission from the peake Bay, Maryland. Captain of the Port via VHF–FM chan- (a) Definitions. (1) Certain Dangerous nel 16, or make satisfactory passing ar- Cargo (CDC) means a material defined rangements via VHF–FM channels 13 or in 33 CFR part 160. 80 with the towing vessel JOKER per (2) Liquefied Hazardous Gas (LHG) this section and the rules of the Road means a material defined in 33 CFR (33 CFR subchapter E). Vessels request- part 127. ing to transit shall contact the towing (3) Liquefied Natural Gas (LNG) vessel JOKER on channel 13 or 80 at means a material defined in 33 CFR least 1 hour, as well as 30 minutes, part 127. prior to arrival. (4) Cruise ship means a vessel defined (2) Vessels granted permission to as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 enter and transit the safety zone must (22). do so in accordance with any directions (b) Location. The following areas are or orders of the Captain of the Port, his a safety/security zone: All waters of designated representative, or the tow- the Chesapeake Bay and its tributaries, ing vessel JOKER. No person or vessel from surface to bottom, within a 500 may enter or remain in a safety zone yard radius around cruise ships and without permission from the Captain of vessels transporting CDC, LNG, or LHG the Port or the towing vessel JOKER. while transiting, anchored, or moored (3) There are three sections of pipe- within the COTP Maryland-National line that will be removed. The first two Capital Region zone. sections of pipeline to be removed are (c) Regulations. (1) The COTP will no- in Anchorage No. 7, Marcus Hook An- tify the maritime community of af- chorage, in the Delaware River. During fected vessels and the periods during removal of these sections of pipeline, which the safety/security zones will be the safety zone will restrict vessels enforced by providing notice to mari- from anchoring in the lower portion of ners in accordance with 33 CFR 165.7. Anchorage No. 7. (2) Entry into or remaining in this (4) During removal of the third sec- zone is prohibited unless authorized by tion of pipeline, operations will be con- the Coast Guard COTP, Maryland-Na- ducted within the main navigational tional Capital Region or his designated channel and vessels will be required to representative. transit through the lower portion of (3) Persons desiring to transit the Anchorage No. 7. The Coast Guard will area of the security zone may contact issue a Broadcast Notice to Mariners the COTP at telephone number 410–576– via VHF–FM marine channel 16, Local 2693 or on VHF channel 16 (156.8 MHz) Notice to Mariners, and Marine Safety to seek permission to transit the area.

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If permission is granted, all persons (iii) A line drawn across the James and vessels must comply with the in- River along the eastern side of U.S. structions of the COTP or his or her Route 17 highway bridge, between New- designated representative. port News and Isle of Wight County, (d) Authority. In addition to 46 U.S.C. Virginia. 70034, the authority for this section in- (iv) A line drawn across Chuckatuck cludes 46 U.S.C. 70051. Creek along the northern side of the north span of the U.S. Route 17 high- [CDG05–03–008, 68 FR 43311, July 22, 2003, as way bridge, between Isle of Wight amended by USCG–2016–0060, 81 FR 38594, County and Suffolk, Virginia. June 14, 2016] (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 Bennetts Creek, Suffolk, Virginia. (a) Location. The waters enclosed by (vii) A line drawn across the Western the shoreline and the following lines Branch of the Elizabeth River along are a Regulated Navigation Area: the eastern side of the West Norfolk (1) Offshore zone. A line drawn due Bridge, Portsmouth, Virginia. East from the mean low water mark at (viii) A line drawn across the South- the North Carolina and Virginia border ern Branch of the Elizabeth River ° ′ ″ at latitude 36 33 03 N, longitude along the northern side of the I–64 ° ′ ″ 75 52 00 W, to the Territorial Seas highway bridge, Chesapeake, Virginia. ° ′ ″ boundary line at latitude 36 33 05 N, (ix) A line drawn across the Eastern ° ′ ″ longitude 75 36 51 W, thence generally Branch of the Elizabeth River along Northeastward along the Territorial the western side of the west span of the ° ′ ″ Seas boundary line to latitude 38 01 39 Campostella Bridge, Norfolk, Virginia. ° ′ ″ N, longitude 74 57 18 W, thence due (x) A line drawn across the Lafayette West to the mean low water mark at River along the western side of the the Maryland and Virginia border at Hampton Boulevard Bridge, Norfolk, latitude 38°01′39″ N, longitude 75°14′30″ Virginia. W, thence South along the mean low (xi) A line drawn across Little Creek water mark on the Virginia coast, and along the eastern side of the Ocean eastward of the Colregs Demarcation View Avenue (U.S. Route 60) Bridge, Lines across Chincoteague Inlet, Norfolk, Virginia. Assawoman Inlet, Gargathy Inlet, (xii) A line drawn across Lynnhaven Metompkin Inlet, Wachapreague Inlet, Inlet along the northern side of Shore Quinby Inlet, Great Machipongo Inlet, Drive (U.S. Route 60) Bridge, Virginia Sand Shoal Inlet, New Inlet, Ship Beach, Virginia. Shoal Inlet and Little Inlet, to the (b) Definitions. In this section: Colregs Demarcation Line across the CBBT means the Chesapeake Bay mouth of Chesapeake Bay, continuing Bridge Tunnel. south along the Virginia low water Coast Guard Patrol Commander is a mark and eastward of the Colregs De- Coast Guard commissioned, warrant or marcation Line across Rudee Inlet to petty officer who has been designated the point of beginning. All positions by the Commander, Coast Guard Sector reference NAD 83. Virginia. (2) Inland zone. The waters enclosed Designated representative of the Cap- by the shoreline and the following tain of the Port means a person, includ- lines: ing the duty officer at the Coast Guard (i) A line drawn across the entrance Sector Virginia, the Joint Harbor Oper- to Chesapeake Bay between Wise Point ations Center watchstander, or the and Cape Charles Light, and then con- Coast Guard or Navy Patrol Com- tinuing to Cape Henry Light. mander who has been authorized by the (ii) A line drawn across the Chesa- Captain of the Port to act on his or her peake Bay between Old Point Comfort behalf and at his or her request to Light and Cape Charles City Range carry out such orders and directions as ‘‘A’’ Rear Light. needed. All patrol vessels shall display

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the Coast Guard Ensign at all times (iii) A vessel may not anchor within when underway. the confines of Little Creek Harbor, I–664 Bridge Tunnel means the Mon- Desert Cove, or Little Creek Cove with- itor Merrimac Bridge Tunnel. out the permission of the Captain of Inland waters means waters within the Port. The Captain of the Port shall the COLREGS Line of Demarcation. consult with the Commander, Naval Thimble Shoal Channel consists of the Amphibious Base Little Creek, before waters bounded by a line connecting granting permission to anchor within Thimble Shoal Channel Lighted Bell this area. Buoy 1TS, thence to Thimble Shoal (2) Anchoring detail requirements. A Lighted Gong Buoy 17, thence to Thim- self-propelled vessel over 100 gross ble Shoal Lighted Buoy 19, thence to tons, which is equipped with an anchor Thimble Shoal Lighted Buoy 21, thence or anchors (other than a tugboat to Thimble Shoal Lighted Buoy 22, equipped with bow fenderwork of a thence to Thimble Shoal Lighted Buoy type of construction that prevents an 18, thence to Thimble Shoal Lighted anchor being rigged for quick release), Buoy 2, thence to the beginning. that is underway within two nautical Thimble Shoal North Auxiliary Channel miles of the CBBT or the I–664 Bridge consists of the waters in a rectangular Tunnel shall station its personnel at area 450 feet wide adjacent to the north locations on the vessel from which side of Thimble Shoal Channel, the they can anchor the vessel without southern boundary of which extends delay in an emergency. from Thimble Shoal Channel Lighted (3) Secondary towing rig requirements Buoy 2 to Thimble Shoal Lighted Buoy on inland waters. (i) A vessel over 100 18. gross tons may not be towed in the in- Thimble Shoal South Auxiliary Channel land waters of the Regulated Naviga- consists of the waters in a rectangular tion Area unless it is equipped with a area 450 feet wide adjacent to the south secondary towing rig, in addition to its side of Thimble Shoal Channel, the primary towing rig, that: northern boundary of which extends (A) Is of sufficient strength for tow- from Thimble Shoal Channel Lighted ing the vessel. Bell Buoy 1TS, thence to Thimble (B) Has a connecting device that can Shoal Lighted Gong Buoy 17, thence to receive a shackle pin of at least two Thimble Shoal Lighted Buoy 19, thence inches in diameter. to Thimble Shoal Lighted Buoy 21. (C) Is fitted with a recovery pickup (c) Applicability. This section applies line led outboard of the vessel’s hull. to all vessels operating within the Reg- (ii) A tow consisting of two or more ulated Navigation Area, including vessels, each of which is less than 100 naval and public vessels, except vessels gross tons, that has a total gross ton- that are engaged in the following oper- nage that is over 100 gross tons, shall ations: be equipped with a secondary towing (1) Law enforcement. rig between each vessel in the tow, in (2) Servicing aids to navigation. addition to its primary towing rigs, (3) Surveying, maintenance, or im- while the tow is operating within this provement of waters in the Regulated Regulated Navigation Area. The sec- Navigation Area. ondary towing rig must: (d) Regulations—(1) Anchoring restric- (A) Be of sufficient strength for tow- tions. No vessel over 65 feet long may ing the vessels. anchor or moor in the inland waters of (B) Have connecting devices that can the Regulated Navigation Area outside receive a shackle pin of at least two an anchorage designated in § 110.168 of inches in diameter. this title, with these exceptions: (C) Be fitted with recovery pickup (i) The vessel has the permission of lines led outboard of the vessel’s hull. the Captain of the Port. (4) Thimble Shoals Channel controls. (i) (ii) Only in an emergency, when un- A vessel drawing less than 25 feet may able to proceed without endangering not enter the Thimble Shoal Channel, the safety of persons, property, or the unless the vessel is crossing the chan- environment, may a vessel anchor in a nel. Masters should consider the squat channel. of their vessel based upon vessel design

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and environmental conditions. Channel Bridge Tunnel shall notify the Captain crossings shall be made as perpen- of the Port of its location and the na- dicular to the channel axis as possible. ture of the emergency, as soon as pos- (ii) Except when crossing the chan- sible. nel, a vessel in the Thimble Shoal (8) Vessel speed limits—(i) Little Creek. North Auxiliary Channel shall proceed A vessel may not proceed at a speed in a westbound direction. over five knots between the Route 60 (iii) Except when crossing the chan- bridge and the mouth of Fishermans nel, a vessel in the Thimble Shoal Cove (Northwest Branch of Little South Auxiliary Channel shall proceed Creek). in an eastbound direction. (ii) Southern Branch of the Elizabeth (5) Restrictions on vessels with impaired River. A vessel may not proceed at a maneuverability—(i) Before entry. A ves- speed over six knots between the junc- sel over 100 gross tons, whose ability to tion of the Southern and Eastern maneuver is impaired by heavy weath- Branches of the Elizabeth River and er, defective steering equipment, defec- the Norfolk and Portsmouth Belt Line tive main propulsion machinery, or Railroad Bridge between Chesapeake other damage, may not enter the Regu- and Portsmouth, Virginia. lated Navigation Area without the per- (iii) Norfolk Harbor Reach. Nonpublic mission of the Captain of the Port. vessels of 300 gross tons or more may (ii) After entry. A vessel over 100 gross not proceed at a speed over 10 knots be- tons, which is underway in the Regu- tween the Elizabeth River Channel lated Navigation Area, that has its Lighted Gong Buoy 5 of Norfolk Harbor ability to maneuver become impaired Reach (southwest of Sewells Point) at for any reason, shall, as soon as pos- approximately 36°58′00″ N, 076°20′00″ W, sible, report the impairment to the and gated Elizabeth River Channel Captain of the Port. Lighted Buoys 17 and 18 of Craney Is- (6) Requirements for navigation charts, land Reach (southwest of Norfolk radars, and pilots. No vessel over 100 International Terminal at approxi- gross tons may enter the Regulated ° ′ ″ ° ′ ″ Navigation Area, unless it has on mately 36 54 17 N, and 076 20 11 W. board: (9) Port security requirements. Vessels (i) Corrected charts of the Regulated in excess of 300 gross tons, including Navigation Area. Instead of corrected tug and barge combinations in excess paper charts, warships or other vessels of 300 gross tons (combined), shall not owned, leased, or operated by the enter the Regulated Navigation Area, United States Government and used move within the Regulated Navigation only in government noncommercial Area, or be present within the Regu- service may carry electronic charting lated Navigation Area, unless they and navigation systems that have met comply with the following require- the applicable agency regulations re- ments: garding navigation safety. (i) Obtain authorization to enter the (ii) An operative radar during periods Regulated Navigation Area from the of reduced visibility; designated representative of the Cap- (iii) When in inland waters, a pilot or tain of the Port prior to entry. All ves- other person on board with previous ex- sels entering or remaining in the Regu- perience navigating vessels on the lated Navigation Area may be subject waters of the Regulated Navigation to a Coast Guard boarding. Area. (ii) Ensure that no person who is not (7) Emergency procedures. (i) Except as a permanent member of the vessel’s provided in paragraph (d)(7)(ii) of this crew, or a member of a Coast Guard section, in an emergency any vessel boarding team, boards the vessel with- may deviate from the regulations in out a valid purpose and photo identi- this section to the extent necessary to fication. avoid endangering the safety of per- (iii) Report any departure from or sons, property, or the environment. movement within the Regulated Navi- (ii) A vessel over 100 gross tons with gation Area to the designated rep- an emergency that is located within resentative of the Captain of the Port two nautical miles of the CBBT or I–664 prior to getting underway.

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(iv) The designated representative of (b) Regulations. (1) In accordance with the Captain of the Port is the Sector the general regulations in §§ 165.23 and Command Center (SCC)—Joint Harbor 165.33 of this part, entry into or move- Operations Center (JHOC) which shall ment within this zone is prohibited un- be contacted on VHF–FM channel 12, or less authorized by the Coast Guard by calling (757) 668–5555. Captain of the Port, Maryland-Na- (v) In addition to the authorities list- tional Capital Region or his designated ed in this part, this paragraph is pro- representative. Designated representa- mulgated under the authority under 46 tives include any Coast Guard commis- U.S.C. 70116. sioned, warrant, or petty officer. (e) Waivers. (1) The Captain of the (2) Persons desiring to transit the Port may, upon request, waive any reg- area of the zone may contact the Cap- ulation in this section. tain of the Port at telephone number (2) An application for a waiver must (410) 576–2693 or via VHF Marine Band state the need for the waiver and de- Radio Channel 16 (156.8 MHz) to seek scribe the proposed vessel operations. permission to transit the area. If per- (f) Control of vessels within the regu- mission is granted, all persons and ves- lated navigation area. (1) When nec- sels must comply with the instructions essary to prevent damage, destruction of the Captain of the Port or his des- or loss of any vessel, facility or port in- ignated representative. frastructure, the Captain of the Port (c) Enforcement. The U.S. Coast Guard may direct the movement of vessels or may be assisted in the patrol and en- issue orders requiring vessels to anchor forcement of the zone by Federal, or moor in specific locations. State, local, and private agencies. (2) If needed for the maritime, com- [CGD05–03–023, 68 FR 75133, Dec. 30, 2003, as mercial or security interests of the amended by USCG–2016–0060, 81 FR 38594, United States, the Captain of the Port June 14, 2016] may order a vessel to move from the location in which it is anchored to an- § 165.503 Security Zone; Captain of the other location within the Regulated Port Hampton Roads Zone. Navigation Area. (a) Definitions. As used in this sec- (3) The master of a vessel within the tion— Regulated Navigation Area shall com- Certain dangerous cargo or CDC means ply with any orders or directions issued a material defined as CDC in 33 CFR to the master’s vessel by the Captain of 160.202. the Port. Designated Representative of the Cap- tain of the Port is any U.S. Coast [CGD05–02–099, 68 FR 35175, June 12, 2003, as amended by USCG–2006–25150, 71 FR 39211, Guard commissioned, warrant or petty July 12, 2006; USCG–0943, 85 FR 6806, Feb. 6, officer who has been authorized by the 2020] Captain of the Port (COTP), Virginia to act on his or her behalf. § 165.502 Safety and Security Zone; Passenger vessel means a vessel de- Cove Point Liquefied Natural Gas fined as a passenger vessel in 46 CFR Terminal, Chesapeake Bay, Mary- part 70. land. (b) Location. All navigable waters of (a) Location. The following area is a the Captain of the Port Virginia zone safety and security zone: All waters of (defined in 33 CFR 3.25–10) within 500 the Chesapeake Bay, from surface to yards around a passenger vessel or ves- bottom, encompassed by lines con- sel carrying a CDC, while the passenger necting the following points, beginning vessel or vessel carrying CDC is at 38°24′27″ N, 76°23′42″ W, thence to transiting, moored or anchored. 38°24′44″ N, 76°23′11″ W, thence to (c) Regulations. (1) No vessel may ap- 38°23′55″ N, 76°22′27″ W, thence to proach within 500 yards of a passenger 38°23′37″ N, 76°22′58″ W, thence to begin- vessel or vessel carrying a CDC within ning at 38°24′27″ N, 76°23′42″ W. These the Captain of the Port Virginia zone, coordinates are based upon North unless traveling at the minimum speed American Datum (NAD) 1983. This area necessary to navigate safely. is 500 yards in all directions from the (2) Under § 165.33, no vessel or person Cove Point LNG terminal structure. may approach within 100 yards of a

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passenger vessel or vessel carrying a thence easterly to latitude 36°59′14.2″ N, CDC within the Captain of the Port longitude 76°26′49.1″ W, thence south- Virginia zone, unless authorized by the easterly to latitude 36°58′37.8″ N, lon- COTP Virginia or his or her designated gitude 76°26′26.3″ W, thence easterly to representative. latitude 36°58′43.5″ N, longitude (3) The COTP Virginia may notify 76°26′13.7″ W, thence northerly to the the maritime and general public by intersection of the shoreline with the 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: security zone in effect around a moored The waters of the James River encom- vessel will be enforced by a law en- passed by a line beginning at the inter- forcement agent shoreside, a law en- section of the shoreline with the north- forcement vessel waterside, or both. ernmost property line of the Newport (5) Persons desiring to transit the News Shipbuilding and Dry Dock Com- area of the security zone within 100 pany shipyard at latitude 37°00′38.1″ N, yards of a passenger vessel or vessel longitude 76°27′05.7″ W, thence south- carrying a CDC must contact the COTP erly to latitude 36°59′58.4″ N, longitude Virginia on VHF-FM channel 16 (156.8 76°27′16.7″ W, thence easterly to the MHz) or telephone number (757) 668–5555 shoreline at latitude 36°59′58.5″ N, lon- or (757) 484–8192 to seek permission to gitude 76°27′11.6″ W, thence along the transit the area. All persons and ves- shoreline to the point of beginning. sels must comply with the instructions (c) Special regulations. (1) Section of the COTP or the COTP’s designated 165.33 (a), (e), and (f) do not apply to representative. the following vessels or individuals on (d) Enforcement. The COTP will en- board those vessels: force these zones and may enlist the aid and cooperation of any Federal, (i) Public vessels of the United state, county, or municipal law en- States. forcement agency to assist in the en- (ii) Public vessels owned or operated forcement of the regulation. by the Commonwealth of Virginia or its subdivisions for law enforcement or [CGD05–04–067, 69 FR 40769, July 7, 2004, as firefighting purposes. amended by USCG–2005–21869, 80 FR 5336, (iii) Vessels owned by, operated by, Jan. 30, 2015; USCG–2019–0943, 85 FR 6806, Feb. 6, 2020] or under charter to Newport News Shipbuilding and Dry Dock Co. § 165.504 Newport News Shipbuilding (iv) Vessels that are performing work and Dry Dock Company Shipyard, at Newport News Shipbuilding and Dry James River, Newport News, Va. Dock Co., including the vessels of sub- (a) Location. The following is a secu- contractors and other vendors of New- rity zone: The waters of the James port News Shipbuilding and Dry Dock River encompassed by a line beginning Co. or other persons that have a con- at the intersection of the shoreline tractual relationship with Newport with the northernmost property line of News Shipbuilding and Dry Dock Co. the Newport News Shipbuilding and (v) Vessels that are being built, re- Dry Dock Co. at latitude 37°00′38.1″ N, built, repaired, or otherwise worked on longitude 76°27′05.7″ W, thence south- at or by Newport News Shipbuilding erly to latitude 36°59′58.4″ N, longitude and Dry Dock Co. or another person au- 76°27′16.7″ W, thence southeasterly to thorized to perform work at the ship- latitude 36°59′23.0″ N, longitude yard. 76°26′54.6″ W, thence westerly to lati- (vi) Vessels that are authorized by tude 36°59′21.5″ N, longitude 76°26′58.4″ Newport News Shipbuilding and Dry W, thence southeasterly to latitude Dock Company to moor at and use its 36°59′12.9″ N, longitude 76°26′52.4″ W, facilities.

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(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 46 U.S.C. Port, Virginia, information about the 70034 and 46 U.S.C. 70051, the authority vessel, including: for this section includes 46 U.S.C. 70116. (1) The name of the vessel; (2) The vessel’s official number, if [CGD05–02–080, 68 FR 15053, Mar. 28, 2003, as documented, or state number, if num- amended by USCG–2016–0060, 81 FR 38594, June 14, 2016] bered by a state issuing authority; (3) A brief description of the vessel, § 165.506 Safety Zones; Fireworks Dis- including length, color, and type of plays in the Fifth Coast Guard Dis- vessel; trict. (4) The name, Social Security number, current address, and telephone (a) Regulations. (1) The general regu- number of the vessel’s master, oper- lations contained in 33 CFR 165.23 ator, or person in charge; and apply. (5) Upon request, information the (2) This section applies to the fire- vessel’s crew. works safety zones listed in the Table (B) The vessel is operated in compli- to § 165.506. These regulations will be ance with any specific orders issued to enforced annually, for the duration of the vessel by the Captain of the Port or each fireworks event listed in the other regulations controlling the oper- Table to § 165.506. In the case of inclem- ation of vessels within the security ent weather, the event may be con- zone that may be in effect. ducted on the day following the date (d) Enforcement. The U.S. Coast listed in the Table to § 165.506. Annual Guard may be assisted in the enforce- notice of the exact dates and times of ment of this zone by the U.S. Navy. the enforcement period of the regulation with respect to each safety zone, [CGD5 86–03, 51 FR 18322, May 19, 1986, as the geographical area, and other de- amended by CGD5 87–038, 52 FR 41996, Nov. 2, 1987; USCG–2019–0943, 85 FR 6806, Feb. 6, 2020] tails concerning the nature of the fireworks event will be published in Local § 165.505 Security Zone; Calvert Cliffs Notices to Mariners and via Broadcast Nuclear Power Plant, Chesapeake Notice to Mariners over VHF–FM ma- Bay, Calvert County, Maryland. rine band radio. (a) Location. The following area is a (3) All persons and vessels shall com- security zone: All waters of the Chesa- ply with the instructions of the Coast peake Bay, from surface to bottom, en- Guard Captain of the Port, the Coast compassed by lines connecting the fol- Guard Patrol Commander, or the des- lowing points, beginning at 38°26′06″ N, ignated on-scene-patrol personnel. 076°26′18″ W, thence to 38°26′10″ N, Those personnel are comprised of com- 076°26′12″ W, thence to 38°26′21″ N, missioned, warrant, and petty officers 076°26′28″ W, thence to 38°26′14″ N, of the U.S. Coast Guard. Other Federal, 076°26′33″ W, thence to beginning at State, and local agencies may assist 38°26′06″ N, 076°26′18″ W. These coordi- these personnel in the enforcement of nates are based upon North American the safety zone. Upon being hailed by a Datum (NAD) 1983. U.S. Coast Guard vessel by siren, radio, (b) Regulations. (1) Entry into or re- flashing light or other means, the oper- maining in this zone is prohibited un- ator of a vessel shall proceed as di- less authorized by the Coast Guard rected. Captain of the Port, Maryland-Na- (b) Notification. (1) Fireworks barges tional Capital Region. and launch sites on land that operate (2) Persons desiring to transit the within the regulated areas contained in area of the security zone may contact the Table to § 165.506 will have a sign the Captain of the Port at telephone affixed to the port and starboard side number 410–576–2693 or on VHF channel of the barge or mounted on a post 3 16 (156.8 MHz) to seek permission to feet above ground level when on land transit the area. If permission is grant- immediately adjacent to the shoreline

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and facing the water labeled ‘‘FIRE- Port Zone, Baltimore, Maryland: (410) WORKS—DANGER—STAY AWAY’’. 576–2525. This will provide on-scene notice that (3) Coast Guard Sector Virginia— the safety zone will be enforced on that Captain of the Port Zone, Norfolk, Vir- day. This notice will consist of a dia- ginia: (757) 483–8567. mond shaped sign 4 feet by 4 feet with (4) Coast Guard Sector North Caro- a 3-inch orange retro reflective border. lina—Captain of the Port Zone, Wil- The word ‘‘DANGER’’ shall be 10 inch mington, North Carolina: (877) 229–0770 black block letters centered on the or (910) 362–4015. sign with the words ‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in 6 inch black (d) Enforcement periods. The safety block letters placed above and below zones in the Table to § 165.506 will be the word ‘‘DANGER’’ respectively on a enforced from 5:30 p.m. to 1 a.m. each white background. day a barge with a ‘‘FIREWORKS— (2) Coast Guard Captains of the Port DANGER—STAY AWAY’’ sign on the in the Fifth Coast Guard District will port and starboard side is on-scene or a notify the public of the enforcement of ‘‘FIREWORKS—DANGER—STAY these safety zones by all appropriate AWAY’’ sign is posted on land adjacent means to affect the widest publicity to the shoreline, in a location listed in among the affected segments of the the Table to § 165.506. Vessels may not public. Publication in the Local Notice enter, remain in, or transit through to Mariners, Marine information broad- the safety zones during these enforce- casts, and facsimile broadcasts may be ment periods unless authorized by the made for these events, beginning 24 to Captain of the Port or designated Coast 48 hours before the event is scheduled Guard patrol personnel on scene. The to begin, to notify the public. enforcement periods for each Safety (c) Contact information. Questions Zone in the Table to § 165.506 of this about safety zones and related events section are subject to change, but the should be addressed to the local Coast Guard Captain of the Port for the area duration of enforcement would remain in which the event is occurring. Con- the same or nearly the same total tact information is listed below. For a amount of time as stated in its table. description of the geographical area of In the event of a change, or for enforce- each Coast Guard Sector—Captain of ment periods listed that do not allow a the Port zone, please see 33 CFR 3.25. specific date or dates to be determined, (1) Coast Guard Sector Delaware the Captain of the Port will provide no- Bay—Captain of the Port Zone, Phila- tice by publishing a Notice of Enforce- delphia, Pennsylvania: (215) 271–4940. ment in the FEDERAL REGISTER, as well (2) Coast Guard Sector Maryland-Na- as issuing a Broadcast Notice to Mari- tional Capital Region—Captain of the ners.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

(a) Coast Guard Sector Delaware Bay—COTP Zone

1 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 Bethany Beach, DE; yard radius of the fireworks barge in approximate Safety Zone. position latitude 38°32′08″ N., longitude 075°03′15″ W., adjacent to shoreline of Bethany Beach, DE. 2 Labor Day ...... Indian River Bay, DE; All waters of the Indian River Bay within a 700 yard Safety Zone. radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N., longitude 075°08′18″ W.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

3 July 2nd, 3rd or 4th ...... North Atlantic Ocean, Re- All waters of the North Atlantic Ocean within a 360 hoboth Beach, DE; yard radius of the fireworks barge in approximate Safety Zone. position latitude 38°43′01.2″ N., longitude 075°04′21″ W., approximately 400 yards east of Rehoboth Beach, DE. 4 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, Av- The waters of the North Atlantic Ocean within a 500 alon, NJ; Safety Zone. yard radius of the fireworks barge in approximate location latitude 39°06′19.5″ N., longitude 074°42′02.15″ W., in the vicinity of the shoreline at Avalon, NJ. 5 July 2nd, 3rd, or 4th; Barnegat Bay, Barnegat The waters of Barnegat Bay within a 500 yard ra- September 1st, or 2nd Township, NJ; Safety dius of the fireworks barge in approximate posi- Saturday. Zone. tion latitude 39°44′50″ N., longitude 074°11′21″ W., approximately 500 yards north of Conklin Is- land, NJ. 6 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 Cape May, NJ; Safety yard radius of the fireworks barge in approximate Zone. location latitude 38°55′36″ N., longitude 074°55′26″ W., immediately adjacent to the shoreline at Cape May, NJ. 7 July 2nd, 3rd, 4th or 5th Delaware Bay, North All waters of the Delaware Bay within a 360 yard ra- Cape May, NJ; Safety dius of the fireworks barge in approximate posi- Zone. tion latitude 38°58′00″ N., longitude 074°58′30″ W. 8 July 2nd, 3rd, 4th or 5th. Great Egg Harbor Inlet, All waters within a 500 yard radius of the fireworks August—3rd Sunday. Margate City, NJ; Safe- barge in approximate location latitude 39°19′33″ ty Zone. N., longitude 074°31′28″ W., on the Intracoastal Waterway near Margate City, NJ. 9 July 2nd, 3rd, 4th or 5th Metedeconk River, Brick The waters of the Metedeconk River within a 300 August every Thursday; Township, NJ; Safety yard radius of the fireworks launch platform in ap- September 1st Thursday. Zone. proximate position latitude 40°03′24″ N., longitude 074°06′42″ W., near the shoreline at Brick Town- ship, NJ. 10 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, At- The waters of the North Atlantic Ocean within a 500 lantic City, NJ; Safety yard radius of the fireworks barge located at lati- Zone. tude 39°20′58″ N., longitude 074°25′58″ W., and within 500 yard radius of a fireworks barge located at latitude 39°21′12″ N., longitude 074°25′06″ W., near the shoreline at Atlantic City, NJ. 11 July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 5th. October—1st or 2nd Ocean City, NJ; Safety yard radius of the fireworks barge in approximate Saturday. Zone. location latitude 39°16′22″ N., longitude 074°33′54″ W., in the vicinity of the shoreline at Ocean City, NJ. 12 May—4th Saturday ...... Barnegat Bay, Ocean All waters of Barnegat Bay within a 500 yard radius Township, NJ; Safety of the fireworks barge in approximate position lati- Zone. tude 39°47′33″ N., longitude 074°10′46″ W. 13 July 2nd, 3rd, 4th or 5th Little Egg Harbor, Parker All waters of Little Egg Harbor within a 500 yard ra- Island, NJ; Safety Zone. dius of the fireworks barge in approximate position latitude 39°34′18″ N., longitude 074°14′43″ W., approximately 50 yards north of Parkers Is- land. 14 September—3rd Satur- Delaware River, Chester, All waters of the Delaware River near Chester, PA day. PA; Safety Zone. just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N., longitude 075°22′42″ W.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

15 September—3rd Satur- Delaware River, All waters of the Delaware River near Essington, day. Essington, PA; Safety PA, west of Little Tinicum Island within a 250 yard Zone. radius of the fireworks barge located in the approximate position latitude 39°51′18″ N., longitude 075°18′57″ W. 16 January 1st—December Penn’s Landing, Delaware All waters of Delaware River, adjacent to Penn’s 31st: Any day specified River, Philadelphia PA; Landing, Philadelphia, PA, within 500 yards of a by Notice of Enforce- Safety Zone. fireworks barge at approximate position latitude ment published in the 39°56′49″ N, longitude 075°08′11″ W. Federal Register and broadcast via Broadcast Notice to Mariners. 17 July 2nd, 3rd, 4th or 5th N. Atlantic Ocean, Sea All waters of N. Atlantic Ocean within a 350 yard ra- Isle City, NJ; Safety dius of a fireworks barge located approximately at Zone. position latitude 39°08′49.5″ N., longitude 074°41′25.1″ W., near Sea Isle City, NJ. 18 April 8th; July 2nd, 3rd, Rehoboth Bay, DE; Safe- All waters within a 500 yard radius of a fireworks 4th or 5th; December ty Zone. barge located at position latitude 38°41′21″ N., 31st. longitude 075°05′00″ W., at Rehoboth Bay near Dewey Beach, DE.

(b) Coast Guard Sector Maryland-National Capital Region—COTP Zone

1 April—1st, 2nd or 3rd Washington Channel, All waters of the Upper Potomac River within 170 Saturday. Upper Potomac River, yards radius of the fireworks barge in approxi- Washington, DC; Safety mate position latitude 38°52′20.3″ N., longitude Zone. 077°01′17.5″ W., located within the Washington Channel in Washington Harbor, DC. 2 July 4th; December—1st Severn River and Spa All waters of the Severn River and Spa Creek within and 2nd Saturday; De- Creek, Annapolis, MD; a 300 yard radius of the fireworks barge in ap- cember 31st. Safety Zone. proximate position 38°58′41.76″ N., 076°28′34.2″ W., located near the entrance to Spa Creek, An- napolis, MD. 3 December 31st ...... Upper Potomac River, All waters of the Upper Potomac River within a 300 Washington, DC; Safety yard radius of the fireworks barge in approximate Zone. position 38°48′14″ N., 077°02′10″ W., located near the waterfront (King Street) at Alexandria, Virginia. 4 June 14th; July 4th; Sep- Northwest Harbor (East All waters of the Patapsco River within a 300 yard tember—2nd Saturday; Channel), Patapsco radius of the fireworks barge in approximate posi- December 31st. River, MD; Safety Zone. tion 39°15′55″ N., 076°34′35″ W., located adjacent to the East Channel of Northwest Harbor. 5 April—1st Tuesday; Baltimore Inner Harbor, All waters of the Patapsco River within a 100 yard May—2nd or 3rd Thurs- Patapsco River, MD; radius of the fireworks barge in approximate posi- day or Friday; July 4th; Safety Zone. tion latitude 39°17′01″ N., longitude 076°36′31″ December 31st. W., located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3. 6 April—1st Tuesday; Baltimore Inner Harbor, The waters of the Patapsco River within a 100 yard May—2nd or 3rd Thurs- Patapsco River, MD; radius of approximate position latitude 39°17′04″ day or Friday; July 4th Safety Zone. N., longitude 076°36′36″ W., located in Baltimore December 31st. Inner Harbor, approximately 125 yards southeast of pier 1. 7 July 4th; December 31st Northwest Harbor (West All waters of the Patapsco River within a 300 yard Channel) Patapsco radius of the fireworks barge in approximate posi- River, MD; Safety Zone. tion latitude 39°16′21″ N., longitude 076°34′38″ W., located adjacent to the West Channel of Northwest Harbor.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

8 July 4th, or Saturday be- Patuxent River, Calvert All waters of the Patuxent River within a 200 yard fore, or Friday after Inde- County, MD; Safety radius of the fireworks barge located at latitude pendence Day holiday. Zone. 38°19′17″ N., longitude 076°27′45″ W., approximately 800 feet from shore at Solomons Island, MD. 9 July 4th or Sunday be- Chesapeake Bay, Chesa- All waters of the Chesapeake Bay within a 200 yard fore Independence Day peake Beach, MD; radius of the fireworks barge in approximate posi- holiday. Safety Zone. tion latitude 38°41′36″ N., longitude 076°31′30″ W., and within a 200 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N., longitude 076°31′29″ W., located near Chesa- peake Beach, Maryland. 10 July 4th ...... Choptank River, Cam- All waters of the Choptank River within a 300 yard bridge, MD; Safety radius of the fireworks launch site at Great Marsh Zone. Point, located at latitude 38°35′06″ N., longitude 076°04′46″ W. 11 July—2nd, 3rd or last Potomac River, Fairview All waters of the Potomac River within a 300 yard Saturday. Beach, Charles County, radius of the fireworks barge in approximate posi- MD; Safety Zone. tion latitude 38°19′57″ N., longitude 077°14′40″ W., located north of the shoreline at Fairview Beach, Virginia. 12 July—day before Inde- Potomac River, National All waters of the Potomac River within an area pendence Day holiday Harbor, MD; Safety bound by a line drawn from the following points: July 4th. Zone. Latitude 38°47′13″ N., longitude 077°00′58″ W., thence to latitude 38°46′51″ N., longitude 077°01′15″ W., thence to latitude 38°47′25″ N., longitude 077°01′33″ W., thence to latitude 38°47′32″ N., longitude 077°01′08″ W., thence to the point of origin, located at National Harbor, Maryland. 13 Sunday before or after Susquehanna River, All waters of the Susquehanna River within a 300 July 4th, July 4th. Havre de Grace, MD; yard radius of approximate position latitude Safety Zone. 39°32′06″ N., longitude 076°05′22″ W., located on the island at Millard Tydings Memorial Park. 14 The Saturday before Miles River, St. Michaels, All waters of the Miles River within a 200 yard ra- Independence Day holi- MD; Safety Zone. dius of approximate position latitude 38°47′42″ N., day occurring in June or longitude 076°12′51″ W., located at the entrance July. to Long Haul Creek. 15 July 3rd ...... Tred Avon River, Oxford, All waters of the Tred Avon River within a 150 yard MD; Safety Zone. radius of the fireworks barge in approximate position latitude 38°41′24″ N., longitude 076°10′37″ W., approximately 500 yards northwest of the waterfront at Oxford, MD. 16 July 3rd ...... Northeast River, North All waters of the Northeast River within a 300 yard East, MD; Safety Zone. radius of the fireworks barge in approximate position latitude 39°35′26″ N., longitude 075°57′00″ W., approximately 400 yards south of North East Community Park. 17 July—1st, 2nd or 3rd Upper Potomac River, All waters of the Upper Potomac River within a 300 Saturday. Washington, DC; Safety yard radius of the fireworks barge in approximate Zone. position 38°48′38″ N., 077°01′56″ W., located east of Oronoco Bay Park at Alexandria, Virginia. 18 March through October, Anacostia River, Wash- All waters of the Anacostia River within a 150 yard at the conclusion of ington, DC; Safety radius of the fireworks barge in approximate posi- evening MLB games at Zone. tion latitude 38°52′13″ N., longitude 077°00′16″ Washington Nationals W., located near the Washington Nationals Ball Ball Park. Park.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

19 June—last Saturday or Potomac River, Prince All waters of the Potomac River within a 200 yard July—1st Saturday; William County, VA; radius of the fireworks barge in approximate posi- July—3rd, 4th or last Safety Zone. tion latitude 38°34′09″ N., longitude 077°15′32″ Saturday; September— W., located near Cherry Hill, Virginia. Saturday before Labor Day (observed). 20 July 4th ...... North Atlantic Ocean, All waters of the North Atlantic Ocean in an area Ocean City, MD; Safety bound by the following points: Latitude Zone. 38°19′39.9″ N., longitude 075°05′03.2″ W.; thence to latitude 38°19′36.7″ N., longitude 075°04′53.5″ W.; thence to latitude 38°19′45.6″ N., longitude 075°04′49.3″ W.; thence to latitude 38°19′49.1″ N., longitude 075°05′00.5″ W.; thence to point of origin. The size of the safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach. 21 July 4th and Sunday Isle of Wight Bay, Ocean All waters of Isle of Wight Bay within a 200 yard ra- before Labor Day (ob- City, MD; Safety Zone. dius of the fireworks barge in approximate posi- served). tion latitude 38°22′31″ N., longitude 075°04′34″ W. 22 July 4th ...... Assawoman Bay, Fenwick All waters of Assawoman Bay within a 360 yard ra- Island—Ocean City, dius of the fireworks launch location on the pier at MD; Safety Zone. the West end of Northside Park, in approximate position latitude 38°25′55″ N., longitude 075°03′53″ W. 23 April—1st Tuesday. Baltimore Harbor, Balti- All waters of Baltimore Harbor, Patapsco River, July 4th; December 31st. more Inner Harbor, MD; within a 280 yard radius of a fireworks barge in Safety Zone. approximate position latitude 39°16′36.7″ N., longitude 076°35′53.8″ W., located northwest of the Domino Sugar refinery wharf at Baltimore, Mary- land. 24 Thursday before July Chester River, Kent Is- All waters of Chester River, Kent Narrows North Ap- 4th (observed); and or land Narrows, MD, proach, within a 300 yard radius of the fireworks July 4th. Safety Zone. launch site at Kent Island in approximate position latitude 38°58′44.4″ N., longitude 076°14′51.7″ W., in Queen Anne’s County, MD.

1 July 4th ...... Linkhorn Bay, Virginia All waters of the Linkhorn Bay within a 400 yard ra- Beach, VA, Safety dius of the fireworks display in approximate posi- Zone. tion latitude 36°52′20″ N., longitude 076°00′38″ W., located near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. 2 September—last Friday York River, West Point, All waters of the York River near West Point, VA or October—1st Friday. VA, Safety Zone. within a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N., longitude 076°47′19″ W. 3 July 4th ...... York River, Yorktown, VA, All waters of the York River within a 400 yard radius Safety Zone. of the fireworks display in approximate position latitude 37°14′14″ N., longitude 076°30′02″W., located near Yorktown, Virginia. 4 July 4th, July 5th, July James River, Newport All waters of the James River within a 325 yard ra- 6th, or July 7th. News, VA, Safety Zone. dius of the fireworks barge in approximate position latitude 36°58′30″ N., longitude 076°26′19″ W., located in the vicinity of the Newport News Shipyard, Newport News, Virginia.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

5 June—1st and 4th Fri- Chesapeake Bay, Norfolk, All waters of the Chesapeake Bay within a 400 yard day; July—1st Friday; VA, Safety Zone. radius of the fireworks display located in position July 4th. latitude 36°57′21″ N., longitude 076°15′00″ W., located near Ocean View Fishing Pier. 6 July 4th or 5th ...... Chesapeake Bay, Virginia All waters of the Chesapeake Bay 400 yard radius Beach, VA, Safety of the fireworks display in approximate position Zone. latitude 36°55′02″ N., longitude 076°03′27″ W., located at the First Landing State Park at Virginia Beach, Virginia. 7 July 4th; December 31st, Elizabeth River, Southern All waters of the Elizabeth River Southern Branch in January 1st. Branch, Norfolk, VA, an area bound by the following points: Latitude Safety Zone. 36°50′54.8″ N., longitude 076°18′10.7″ W.; thence to latitude 36°51′7.9″ N., longitude 076°18′01″ W.; thence to latitude 36°50′45.6″ N., longitude 076°17′44.2″ W.; thence to latitude 36°50′29.6″ N., longitude 076°17′23.2″ W.; thence to latitude 36°50′7.7″ N., longitude 076°17′32.3″ W.; thence to latitude 36°49′58″ N., longitude 076°17′28.6″ W.; thence to latitude 36°49′52.6″ N., longitude 076°17′43.8″ W.; thence to latitude 36°50′27.2″ N., longitude 076°17′45.3″ W. thence to the point of origin. 8 July—3rd and or 4th Sat- John H. Kerr Reservoir, All waters of John H. Kerr Reservoir within a 400 urday. Clarksville, VA, Safety yard radius of approximate position latitude Zone. 36°37′51″ N., longitude 078°32′50″ W., located near the center span of the State Route 15 High- way Bridge. 9 June, July, August, and North Atlantic Ocean, Vir- All waters of the North Atlantic Ocean within a 1000 September—every ginia Beach, VA, Safety yard radius of the center located near the shore- Wednesday, Thursday, Zone A. line at approximate position latitude 36°51′12″ N., Friday, Saturday and longitude 075°58′06″ W., located off the beach Sunday. July 4th.. between 17th and 31st streets. 10 September—last Satur- North Atlantic Ocean, VA All waters of the North Atlantic Ocean within a 350 day or October—1st Sat- Beach, VA, Safety yard radius of approximate position latitude urday. Zone B. 36°50′35″ N., longitude 075°58′09″ W., located on the 14th Street Fishing Pier. 11 Friday, Saturday and North Atlantic Ocean, VA All waters of the North Atlantic Ocean within a 350 Sunday Labor Day Beach, VA, Safety yard radius of approximate position latitude Weekend. Zone C. 36°49′55″ N., longitude 075°58′00″ W., located off the beach between 2nd and 6th streets. 12 July 4th ...... Nansemond River, Suf- All waters of the Nansemond River within a 350 folk, VA, Safety Zone. yard radius of approximate position latitude 36°44′27″ N., longitude 076°34′42″ W., located near Constant’s Wharf in Suffolk, VA. 13 July 4th ...... Chickahominy River, Wil- All waters of the Chickahominy River within a 400 liamsburg, VA, Safety yard radius of the fireworks display in approxi- Zone. mate position latitude 37°14′50″ N., longitude 076°52′17″ W., near Barrets Point, Virginia. 14 July—3rd, 4th and 5th .. Great Wicomico River, All waters of the Great Wicomico River located with- Mila, VA, Safety Zone. in a 140 yard radius of the fireworks display at approximate position latitude 37°50′31″ N., longitude 076°19′42″ W. near Mila, Virginia. 15 ≤July—1st Friday, Sat- Cockrell’s Creek, All waters of Cockrell’s Creek located within a 140 urday and Sunday. Reedville, VA, Safety yard radius of the fireworks display at approxi- Zone. mate position latitude 37°49′54″ N., longitude 076°16′44″ W. near Reedville, Virginia. 16 May—last Sunday ...... James River, Richmond, All waters of the James River located within a 140 VA, Safety Zone. yard radius of the fireworks display at approximate position latitude 37°31′13.1″ N., longitude 077°25′07.84″ W., near Richmond, Virginia.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

17 June—last Saturday ..... Rappahannock River, All waters of the Rappahannock River located within Tappahannock, VA, a 140 yard radius of the fireworks display at ap- Safety Zone. proximate position latitude 37°55′12″ N., longitude 076°49′12″ W. near Tappahannock, Virginia. 18 July 4th, August—1st Cape Charles Harbor, All waters of Cape Charles Harbor located within a Friday, Saturday and Cape Charles, VA, 125 yard radius of the fireworks display at ap- Sunday, and December Safety Zone. proximate position latitude 37°15′46.5″ N., lon- 31st. gitude 076°01′30.3″ W. near Cape Charles, Vir- ginia. 19 July 3rd or 4th ...... Pagan River, Smithfield, All waters of the Pagan River located within a 140 VA, Safety Zone. yard radius of the fireworks display at approximate position latitude 36°59′18″ N., longitude 076°37′45″ W., near Smithfield, Virginia. 20 July 4th ...... Sandbridge Shores, Vir- All waters of Sandbridge Shores located within a ginia Beach, VA, Safety 100 yard radius of the fireworks display at ap- Zone. proximate position latitude 36°43′24.9″ N., longitude 075°56′24.9″ W., near Virginia Beach, Vir- ginia. 21 July 4th, 5th or 6th ...... Chesapeake Bay, Virginia All waters of Chesapeake Bay located within a 200 Beach, VA, Safety yard radius of the fireworks display at approxi- Zone. mate position latitude 36°54′58.18″ N., longitude 076°06′44.3″ W., near Virginia Beach, Virginia. 22 July 3rd, 4th and 5th .... Urbanna Creek, Urbanna, All waters of Urbanna Creek within a 120 yard ra- VA; Safety Zone. dius of the fireworks launch site at latitude 37°38′09″ N., longitude 076°34′03″ W., located on land near the east shoreline of Urbanna Creek and south of Bailey Point. 23 ≤April through August; Elizabeth River Eastern All waters of Eastern Branch Elizabeth River within every Wednesday, Branch, Norfolk, VA; the area along the shoreline immediately adjacent Thursday, Friday and Safety Zone. to Harbor Park Stadium ball park and outward Saturday; July 2nd, 3rd, into the river bound by a line drawn from latitude 4th, or 5th; last Sunday 36°50′30″ N., longitude 076°16′39.9″ W., thence in August; and Friday, south to 36°50′26.6″ N., longitude 076°16′39″ W., Saturday and Sunday of thence northwest to 36°50′28.8″ N., longitude Labor Day weekend. 076°16′49.1′ W., thence north to 36°50′30.9″ N., longitude 076°16′48.6″ W., thence east along the shoreline to point of origin.

(d) Coast Guard Sector North Carolina—COTP Zone

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

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

No./enforcement period(s) 1 Location Safety zone—regulated area

3 July 1st Saturday and Green Creek and Smith All waters of Green Creek and Smith Creek that fall July 4th. Creek, Oriental, NC, within a 300 yard radius of the fireworks launch Safety Zone. site at latitude 35°01′29.6″ N., longitude 076°42′10.4″ W., located near the entrance to the Neuse River in the vicinity of Oriental, NC. 4 July 4th ...... Pasquotank River, Eliza- All waters of the Pasquotank River within a 300 beth City, NC, Safety yard radius of the fireworks launch barge in ap- Zone. proximate position latitude 36°17′47″ N., longitude 076°12′17″ W., located approximately 400 yards north of Cottage Point, NC. 5 July 4th, or July 5th ...... Currituck Sound, Corolla, All waters of the Currituck Sound within a 300 yard NC, Safety Zone. radius of the fireworks launch site in approximate position latitude 36°22′23.8″ N., longitude 075°49′56.3″, located near Whale Head Bay. 6 July 4th November—3rd Middle Sound, Figure All waters of the Figure Eight Island Causeway Saturday. Eight Island, NC, Safety Channel from latitude 34°16′32″ N., longitude Zone. 077°45′32″ W., thence east along the marsh to latitude 34°16′19″ N., longitude 077°44′55″ W., thence south to the causeway at latitude 34°16′16″ N., longitude 077°44′58″ W., thence west along the shoreline to 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 Pamlico River and Tar River within a July 4th. ington, NC, Safety 300 yard radius of latitude 35°32′25″ N., longitude Zone. 077°03′42″ W., a position located on the southwest shore of the Pamlico River, Washington, NC. 8 July 4th ...... Neuse River, New Bern, All waters of the Neuse River within a 360 yard ra- NC, Safety Zone. dius of the fireworks barge in approximate position latitude 35°06′07.1″ N., longitude 077°01′35.8″ W.; located 420 yards north of the New Bern, Twin Span, high-rise bridge. 9 July 4th. November— Motts Channel, Banks All waters of Motts Channel within a 500 yard radius Saturday following Channel, Wrightsville of the fireworks launch site in approximate posi- Thanksgiving Day. Beach, NC, Safety tion latitude 34°12′29″ N., longitude 077°48′27″ Zone. W., approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 10 July 4th ...... Cape Fear River, All waters of the Cape Fear River within a 600 yard Southport, NC, Safety radius of the fireworks barge in approximate posi- Zone. tion latitude 33°54′40″ N., longitude 078°01′18″ W., approximately 700 yards south of the waterfront at Southport, NC. 11 July 4th ...... Big Foot Slough, All waters of Big Foot Slough within a 300 yard ra- Ocracoke, NC, Safety dius of the fireworks launch site in approximate Zone. position latitude 35°06′54″ N., longitude 075°59′24″ W., approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. 12 August—1st Tuesday ... New River, Jacksonville, All waters of the New River within a 300 yard radius NC, Safety Zone. of the fireworks launch site in approximate position latitude 34°44′45″ N., longitude 077°26′18″ W., approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. 13 July 4th, October—2nd Atlantic Intracoastal Wa- All waters of the Atlantic Intracoastal Waterway Saturday. terway, Swansboro, within a 300 yard radius of approximate position NC, Safety Zone. latitude 34°41′02″ N., longitude 077°07′04″ W., located on Pelican Island.

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

No./enforcement period(s) 1 Location Safety zone—regulated area

14 September—4th or last Shallowbag Bay, Manteo, All waters of Shallowbag Bay within a 200 yard ra- Saturday. NC; Safety Zone. dius of a fireworks barge anchored at latitude 35°54′31″ N., longitude 075°39′42″ W. 1 As noted in paragraph (d) of this section, the enforcement period for each of the listed safety zones is subject to change.

[USCG–2017–0064, 82 FR 27006, June 13, 2017, as Band Radio, VHF channel 16 (156.8 amended by USCG–2018–0371, 83 FR 58188, MHz). Upon being hailed by a U.S. Nov. 19, 2018; USCG–2019–0943, 85 FR 6806, Coast Guard vessel by siren, radio, Feb. 6, 2020] flashing light, or other means, the op- § 165.507 Security Zone; Chesapeake erator of a vessel shall proceed as di- Bay, between Sandy Point and Kent rected. If permission is granted, all per- Island, MD. sons and vessels must comply with the (a) Definitions. The ‘‘Captain of the instructions of the Captain of the Port, Port, Maryland-National Capital Re- Maryland-National Capital Region and gion’’ means the Commander, Coast proceed at the minimum speed nec- Guard Sector Maryland-National Cap- essary to maintain a safe course while ital Region or any Coast Guard com- within the zone. missioned, warrant, or petty officer (d) Enforcement. The U.S. Coast who has been authorized by the Cap- Guard may be assisted in the patrol tain of the Port, Maryland-National and enforcement of the zone by Fed- Capital Region to act on his or her be- eral, State, and local agencies. half. (e) Enforcement period. This section (b) Location. The following area is a will be enforced annually on the second security zone: All waters of the Chesa- Sunday in November from 7 a.m. to 11 peake Bay, from the surface to the bot- a.m., and if necessary due to inclement tom, within 250 yards north of the weather, on the third Sunday in No- north (westbound) span of the William vember from 7 a.m. to 11 a.m. P. Lane Jr. Memorial Bridge, and 250 [USCG–2014–0296, 79 FR 49690, Aug. 22, 2014, as yards south of the south (eastbound) amended by USCG–2016–0060, 81 FR 38594, span of the William P. Lane Jr. Memo- June 14, 2016] rial Bridge, from the western shore at Sandy Point to the eastern shore at § 165.508 Security Zone; Potomac Kent Island, Maryland. River and Anacostia River, and ad- (c) Regulations. (1) All persons are re- jacent waters; Washington, DC. quired to comply with the general reg- (a) Location. Coordinates used in this ulations governing security zones paragraph are based on NAD83. The fol- found in § 165.33 of this part. lowing areas are security zones: (2) Entry into or remaining in this (1) Zone 1. All navigable waters of the zone is prohibited unless authorized by Potomac River, from shoreline to the Coast Guard Captain of the Port, shoreline, bounded to the north by the Maryland-National Capital Region. Francis Scott Key (US–29) Bridge, at (3) Persons or vessels requiring entry mile 113, and bounded to the south by a into or passage through the security line drawn from the Virginia shoreline zone must first request authorization at Ronald Reagan Washington National from the Captain of the Port, Sector Airport, at 38°51′21.3″ N., 077°02′00.0″ W., Maryland-National Capital Region eastward across the Potomac River to seek permission to transit the area. the District of Columbia shoreline at The Captain of the Port, Maryland-Na- Hains Point at position 38°51′24.3″ N., tional Capital Region can be contacted 077°01′19.8″ W., including the waters of at telephone number (410) 576–2693. The the Boundary Channel, Pentagon La- Coast Guard vessels enforcing this sec- goon, Georgetown Channel Tidal Basin, tion can be contacted on VHF Marine and Roaches Run;

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(2) Zone 2. All navigable waters of the apply to the security zones created by Anacostia River, from shoreline to this section, § 165.508. shoreline, bounded to the north by the (1) Entry into or remaining in a zone John Philip Sousa (Pennsylvania Ave- listed in paragraph (a) in this section is nue) Bridge, at mile 2.9, and bounded to prohibited unless authorized by the the south by a line drawn from the Dis- Coast Guard Captain of the Port Mary- trict of Columbia shoreline at Hains land-National Capital Region. Public Point at position 38°51′24.3″ N., vessels and vessels already at berth at 077°01′19.8″ W., southward across the the time the security zone is imple- Anacostia River to the District of Co- mented do not have to depart the secu- lumbia shoreline at Giesboro Point at rity zone. All vessels underway within position 38°50′52.4″ N., 077°01′10.9″ W., in- the security zone at the time it is im- cluding the waters of the Washington plemented are to depart the zone at the Channel; time the security zone is implemented. (3) Zone 3. All navigable waters of the (2) Persons desiring to transit the Potomac River, from shoreline to area of the security zone must first ob- shoreline, bounded to the north by a tain authorization from the Captain of line drawn from the Virginia shoreline the Port Maryland-National Capital at Ronald Reagan Washington National Region or his or her designated rep- Airport, at 38°51′21.3″ N., 077°02′00.0″ W., resentative. To seek permission to eastward across the Potomac River to transit the area, the Captain of the the District of Columbia shoreline at Port Maryland-National Capital Re- Hains Point at position 38°51′24.3″ N., gion and his or her designated rep- 077°01′19.8″ W., thence southward across resentatives can be contacted at tele- the Anacostia River to the District of phone number 410–576–2693 or on Marine Columbia shoreline at Giesboro Point Band Radio, VHF–FM channel 16 (156.8 at position 38°50′52.4″ N., 077°01′10.9″ W., MHz). The Coast Guard vessels enforc- and bounded to the south by the Wood- ing this section can be contacted on row Wilson Memorial (I–95/I–495) Marine Band Radio, VHF–FM channel Bridge, at mile 103.8. 16 (156.8 MHz). Upon being hailed by a (4) Zone 4. All navigable waters of the U.S. Coast Guard vessel, or other Fed- Georgetown Channel of the Potomac eral, State, or local agency vessel, by River, 75 yards from the eastern shore siren, radio, flashing light, or other measured perpendicularly to the shore, means, the operator of a vessel shall between the Long Railroad Bridge (the proceed as directed. If permission is most eastern bridge of the 5-span, granted, all persons and vessels must Fourteenth Street Bridge Complex) to comply with the instructions of the the Theodore Roosevelt Memorial Captain of the Port Maryland-National Bridge; and all waters in between, to- Capital Region or his designated rep- tally including the waters of the resentative and proceed at the min- Georgetown Channel Tidal Basin. imum speed necessary to maintain a (5) Zone 5. All navigable waters in the safe course while within the zone. Potomac River, including the Bound- (3) The U.S. Coast Guard may be as- ary Channel and Pentagon Lagoon, sisted in the patrol and enforcement of bounded on the west by a line running the security zones listed in paragraph north to south from points along the (a) in this section by Federal, State, shoreline at 38°52′50″ N., 077°03′25″ W., and local agencies. thence to 38°52′49″ N., 077°03′25″ W.; and (c) Definitions. As used in this sec- bounded on the east by a line running tion: from points at 38°53′10″ N., 077°03′30″ W., Captain of the Port Maryland-National thence northeast to 38°53′12″ N., Capital Region means the Commander, 077°03′26″ W., thence southeast to U.S. Coast Guard Sector Maryland-Na- 38°52′31″ N., 077°02′34″ W., and thence tional Capital Region or any Coast southwest to 38°52′28″ N., 077°02′38″ W. Guard commissioned, warrant or petty (6) Zone 6. All navigable waters de- officer who has been authorized by the scribed in paragraphs (a)(1) through Captain of the Port to act on his or her (a)(3) of this section. behalf. (b) Regulations. The general security Designated representative means any zone regulations found in 33 CFR 165.33 Coast Guard commissioned, warrant, or

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petty officer who has been authorized tion earlier than listed in the notice of by the Captain of the Port Maryland- enforcement. Should the Captain of the National Capital Region to assist in en- Port Maryland-National Capital Re- forcing the security zones described in gion suspend the zone earlier than the paragraph (a) of this section. duration listed, he or she will make the Public vessel means a vessel that is public aware of this suspension by owned or demise-(bareboat) chartered Broadcast Notice to Mariners and/or by the government of the United on-scene notice by his or her des- States, by a State or local government, ignated representative. or by the government of a foreign [USCG–2016–0675, 81 FR 81005, Nov. 17, 2016] country and that is not engaged in commercial service. § 165.509 Security Zone; Severn River (d) Enforcement. (1) In addition to the and College Creek, Annapolis, MD. specified times in paragraphs (d)(2) (a) Definitions. For purposes of this through (4) of this section, the security section, the Captain of the Port, Mary- zones created by this section will be land-National Capital Region means the enforced only upon issuance of a notice Commander, Coast Guard Sector Mary- of enforcement by the Captain of the land-National Capital Region or any Port Maryland-National Capital Re- Coast Guard commissioned, warrant, or gion. The Captain of the Port Mary- petty officer who has been authorized land-National Capital Region will by the Captain of the Port, Maryland- cause notice of enforcement of these National Capital Region to act on his security zones to be made by all appro- or her behalf. priate means to the affected segments (b) Location. The following area is a of the public of the enforcement dates security zone: All waters of the Severn and times of the security zones includ- River, from shoreline to shoreline, ing publication in the FEDERAL REG- bounded by a line drawn from Horse- ISTER, in accordance with 33 CFR shoe Point, at 38°59′47.6″ N, 076°29′33.2″ 165.7(a). Such means of notification W; eastward across the Severn river to may also include, but are not limited a point located at 39°00′01.5″ N, to Broadcast Notice to Mariners or 076°29′08.5″ W; and a line drawn from Local Notice to Mariners. Biemans Point, at 38°59′14.4″ N, (2) Security Zone 4, established in 076°28′30.1″ W; westward across the Sev- paragraph (a)(4) of this section, will be ern River to a point 38°59′03.5″ N, enforced annually, from 12:01 a.m. to 076°28′50.0″ W, located on the Naval 11:59 p.m. on July 4. Academy waterfront. This security (3) Security Zone 5, established in zone includes the waters of College paragraph (a)(5) of this section, will be Creek eastward of the King George enforced annually on three dates: Me- Street Bridge (NAD 1983). morial Day (observed), September 11, (c) Regulations. (1) The general regu- and November 11. Security Zone 5 will lations governing security zones found be enforced from 10 a.m. until 1 p.m. on in § 165.33 apply to the security zone de- Memorial Day (observed); from 8 a.m. scribed in paragraph (b) of this section. until 11:59 a.m. on September 11; and (2) Entry into or remaining in this from 10 a.m. until 1 p.m. on November zone is prohibited unless authorized by 11. the Coast Guard Captain of the Port, (4) Security Zone 6, established in Maryland-National Capital Region. paragraph (a)(6) of this section, will be (3) Persons or vessels requiring entry enforced annually on the day the State into or passage through the security of the Union Address is delivered. Secu- zone must first request authorization rity Zone 6 will be enforced from 9 a.m. from the Captain of the Port, Sector on the day of the State of the Union Maryland-National Capital Region Address until 2 a.m. on the following seek permission to transit the area. day. The Captain of the Port, Maryland-Na- (e) Suspension of enforcement. (1) The tional Capital Region can be contacted Captain of the Port Maryland-National at telephone number (410) 576–2693. The Capital Region may suspend enforce- Coast Guard vessels enforcing this sec- ment of the enforcement period in tion can be contacted on Marine Band paragraphs (d)(1) through(4) in this sec- Radio VHF channel 16 (156.8 MHz).

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Upon being hailed by a U.S. Coast ulated Navigation Area, including a Guard vessel by siren, radio, flashing naval or public vessel, except a vessel light, or other means, the operator of a engaged in: vessel shall proceed as directed. If per- (1) Law enforcement; mission is granted, all persons and ves- (2) Servicing aids to navigation; or sels must comply with the instructions (3) Surveying, maintaining, or im- of the Captain of the Port, Maryland- proving waters within the Regulated National Capital Region and proceed at Navigation Area. the minimum speed necessary to main- (d) Draft limitation. Unless otherwise tain a safe course while within the authorized by the COTP, no vessel with zone. a draft greater than 55 feet may enter (d) Enforcement. The U.S. Coast this regulated navigation area. Guard may be assisted in the patrol NOTE: The project depth in many areas of and enforcement of the zone by Fed- the Regulated Navigation Area is less than eral, State, and local agencies. 55 feet. (e) Enforcement period. This section (e) Oil transfer operations. Unless oth- will be enforced annually on the Friday erwise authorized by the COTP, no ves- before the Memorial Day holiday in sel to vessel oil transfer operations, ex- May from 7:30 a.m. to 2 p.m. local time. cluding bunkering, may be conducted [CGD05–06–112, 72 FR 24188, May 2, 2007, as within the area between the southern amended by USCG–2016–0060, 81 FR 38594, boundary of this regulated navigation June 14, 2016] area and the southern span of the Dela- ware Memorial Bridge except within § 165.510 Delaware Bay and River, the anchorage ground designated in Salem River, Christina River and 110.157(a)(1) of this chapter. Schuylkill River-Regulated Naviga- tion Area. (f) Requirements for vessels carrying dangerous cargoes. The master, owner, (a) Regulated Navigation Area. The fol- or operator of a vessel carrying a dan- lowing is a Regulated Navigation Area: gerous cargo shall: The navigable waters of Delaware Bay (1) Notify the COTP at least 72 hours and River, Salem River, Christina before the vessel enters or departs the River, and Schuylkill River, in an area regulated navigation area and at least bounded on the south by a line drawn 12 hours before the vessel moves within across the entrance to the Delaware the regulated navigation area. The no- Bay between Cape May Light and Har- tice must include a report of the ves- bor of Refuge Light and then con- sel’s propulsion and machinery status tinuing to the northernmost extremity and, for foreign flag vessels, the notice of Cape Henlopen, and bounded on the must include any outstanding defi- north by a line drawn across the Dela- ciencies identified by the vessel’s flag ware River between Trenton, NJ and state or classification society; Morrisville, PA along the southern side (2) Not enter, get or remain under- of the U.S. Route 1 Bridge. way within the regulated navigation (b) Definitions. As used in this sec- area if visibility is or is expected to be tion: less than two (2) miles. If during the COTP means the Captain of the Port, transit visibility becomes less than two Delaware Bay and any Coast Guard (2) miles, the vessel must seek safe an- commissioned, warrant or petty officer chorage and notify the COTP imme- who has been authorized by the COTP diately; to act on his or her behalf. (3) Not anchor in any area within the Dangerous Cargo means those cargoes regulated navigation area unless in listed in § 160.202 of this chapter when times of emergency or with COTP per- carried in bulk, but does not include mission; cargoes listed in table 1 of 46 CFR part (4) Not transfer dangerous cargo 153. while the vessel is at anchor or bun- Underway means that a vessel is not kering; at anchor, made fast to the shore, or (5) Maintain a manned watch in the aground. steering compartment whenever the (c) Applicability. This section applies vessel is underway within the regu- to any vessel operating within the Reg- lated navigation area unless the vessel

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has two separate and independent overtaking can be completed before steering control systems with dupli- reaching any bend in the channel. Be- cate pilothouse steering gear control fore any overtaking, the pilots, mas- systems which meet the requirements ters or operators of both the over- of 46 CFR 58.25–70; taking vessel and the vessel being over- (6) When anchored within the regu- taken must clearly agree on the cir- lated navigation area and: cumstances of the overtaking, includ- (i) Sustained winds are greater than ing vessel speeds, time and location of 25 knots but less than 40 knots, ensure overtaking. the main engines are ready to provide (h) Additional restrictions above the full power in five minutes or less; and C&D Canal. When operating on the (ii) Sustained winds are 40 knots or Delaware River above the C&D Canal: over, ensure that the main engines are (1) A vessel carrying dangerous cargo on line to immediately provide propul- must be escorted by at least one com- sion; mercial tug; and (7) While moored within the regu- (2) Meeting situations shall be avoid- lated navigation area, ensure that at ed on river bends to the maximum ex- least two wire cable mooring lines tent possible. (firewarps) are rigged and ready for use (i) The COTP will issue a Broadcast as emergency towing hookups fore and Notice to Mariners to inform the ma- aft on the outboard side of the vessel; rine community of scheduled vessel (8) While underway or anchored with- movements during which the restric- in the regulated navigation area, en- tions imposed by paragraphs (g) and (h) sure that at least two wire cable moor- of this section will be in effect. ing lines (firewarps) are rigged and [CGD 05–96–010, 62 FR 40275, July 28, 1997, as ready for use as emergency towing amended by USCG–2000–7223, 65 FR 40058, hookups fore and aft on the vessel; and, June 29, 2000; USCG–2005–21869, 80 FR 5336, (9) Proceed as directed by the COTP. Jan. 30, 2015] (g) Requirements for vessels operating in the vicinity of a vessel carrying dan- § 165.511 Security Zone; Atlantic gerous cargoes. (1) Except for a vessel Ocean, Chesapeake & Delaware that is attending a vessel carrying dan- Canal, Delaware Bay, Delaware gerous cargo with permission from the River and its tributaries. master of the vessel carrying dan- (a) Location. A 500-yard radius around gerous cargo or a vessel that is an- escorted passenger vessels in the Cap- chored or moored at a marina, wharf, tain of the Port, Delaware Bay zone as or pier, and which remains moored or defined in 33 CFR 3.25–05. at anchor, no vessel may, without the (b) Regulations. (1) All persons are re- permission of the COTP: quired to comply with the general reg- (i) Come or remain within 500 yards ulations governing security zones in of the port or starboard side or within § 165.33 of this part. 1,000 yards of the bow or stern of an un- (2) All persons or vessels operating at derway vessel that is carrying dan- the minimum safe speed necessary to gerous cargo; or maintain navigation may transit with- (ii) Come or remain within 100 yards in 500 yards of an escorted passenger of a moored or anchored vessel car- vessel without the permission of the rying dangerous cargo. Captain of the Port Delaware Bay, PA (2) The master, owner, or operator of or designated representative while the any vessel receiving permission under escorted passenger vessel is in the Cap- paragraph (g)(1) of this section shall: tain of the Port Delaware Bay zone. (i) Maintain a continuous radio guard (3) No person or vessel may transit or on VHF-FM channels 13 and 16; remain within 100 yards of an escorted (ii) Operate at ‘‘no wake’’ speed or passenger vessel without the permis- the minimum speed needed to maintain sion of the Captain of the Port Dela- steerage; and ware Bay or designated representative (iii) Proceed as directed by the while the passenger vessel is in the COTP. Captain of the Port Philadelphia zone. (3) No vessel may overtake a vessel (4) Any person or vessel authorized to carrying dangerous cargoes unless the enter the security zone must operate in

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strict conformance with any directions more passengers, making voyages last- given by the Captain of the Port Dela- ing more than 24 hours, except for fer- ware Bay or designated representative ries. and leave the security zone immediately if the Captain of the Port Dela- [CGD05–04–047, 69 FR 56697, Sept. 22, 2004, as amended by USCG–2015–0433, 80 FR 44286, ware Bay or designated representative July 27, 2015] so orders. (5) When an escorted passenger vessel § 165.512 Safety Zone; Patapsco River, approaches within 100 yards of any ves- Northwest and Inner Harbors, Bal- sel that is moored or anchored, the sta- timore, MD. tionary vessel must stay moored or an- (a) Definitions. For the purposes of chored while it remains within 100 this section: yards of the passenger vessel unless it (1) Captain of the Port, Maryland-Na- is either ordered by or given permission by the Captain of the Port, Dela- tional Capital Region means the Com- ware Bay or designated representative mander, Coast Guard Maryland-Na- to do otherwise. tional Capital Region or any Coast (6) The Coast Guard designated rep- Guard commissioned, warrant, or petty resentative enforcing this section can officer who has been authorized by the be contacted on VHF Marine Band Captain of the Port, Maryland-Na- Radio, channels 13 and 16. The Captain tional Capital Region to act on his or of the Port can be contacted at (215) her behalf. 271–4807. (2) USS CONSTELLATION ‘‘turn- (c) Maneuver-restricted vessels. When around’’ participants means the USS conditions permit, the Captain of the CONSTELLATION, its support craft Port or designated representative and the accompanying towing vessels. should: (b) Location. The following area is a (1) Permit vessels constrained by moving safety zone: All waters, from their navigational draft or restricted in surface to bottom, within 200 yards their ability to maneuver to pass with- ahead of or 100 yards outboard or aft of in the 100 yards of the passenger vessel the historic sloop-of-war USS CON- in order to ensure safe passage in ac- STELLATION, while operating in the cordance with the Navigation Rules Inner Harbor, the Northwest Harbor (COLREGS and their associated An- and the Patapsco River. nexes and Inland Navigation Rules (33 (c) Regulations. (1) The general regu- CFR subchapter E)); and lations governing safety zones, found (2) Permit vessels constrained by in § 165.23, apply to the safety zone de- their navigational draft or restricted in scribed in paragraph (b) of this section. their ability to maneuver that must (2) With the exception of USS CON- transit via a navigable channel or wa- STELLATION ‘‘turn-around’’ partici- terway to pass within 100 yards of an pants, entry into or remaining in this anchored passenger vessel. zone is prohibited, unless authorized by (d) Definitions. As used in this sec- the Captain of the Port, Maryland-Na- tion— tional Capital Region. Captain of the Port means the Com- (3) Persons or vessels requiring entry manding Officer of the Coast Guard into or passage through the moving Sector Delaware Bay or any Coast safety zone must first request author- Guard commissioned, warrant, or petty ization from the Captain of the Port, officer who has been authorized by the Maryland-National Capital Region to Captain of the Port to act as a des- seek permission to transit the area. ignated representative on his behalf. The Captain of the Port, Maryland-Na- Escort means assets (surface or air) tional Capital Region can be contacted with the Coast Guard insignia that ac- at telephone number (410) 576–2693. The company and protect the escorted ves- Coast Guard vessels enforcing this sec- sel, armed with crew-served weapons tion can be contacted on Marine Band that are manned and ready. Radio VHF Channel 16 (156.8 MHz). Passenger vessels means vessels great- Upon being hailed by a U.S. Coast er than 100 feet in length, over 100 gross Guard vessel by siren, radio, flashing tons that are authorized to carry 500 or light, or other means, the person or

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vessel shall proceed as directed. If per- (2) All vessels and persons are prohib- mission is granted, all persons or ves- ited from entering and accessing this sels must comply with the instructions safety zone, except as authorized by of the Captain of the Port, Maryland- the Captain of the Port, Maryland-Na- National Capital Region, and proceed tional Capital Region or his or her des- at the minimum speed necessary to ignated representative. maintain a safe course while within the (3) Persons or vessels requiring entry zone. into or passage within the safety zone (d) Enforcement. The U.S. Coast must request authorization from the Guard may be assisted in the patrol Captain of the Port, Maryland-Na- and enforcement of the zone by Fed- tional Capital Region or his or her des- eral, State and local agencies. ignated representative, by telephone at (e) Enforcement period. This section (410) 576–2693 or by marine band radio will be enforced from 2 p.m. through 7 on VHF–FM Channel 16 (156.8 MHz), p.m. on the Thursday before Memorial from 8 a.m. until 10 p.m. on the fourth Day (observed), and, if necessary due to Saturday in July annually. All Coast inclement weather, from 2 p.m. Guard vessels enforcing this safety through 7 p.m. on the Thursday fol- zone can be contacted on marine band lowing Memorial Day (observed). radio VHF–FM Channel 16 (156.8 MHz). (4) All vessels and persons must com- [CGD05–07–010, 72 FR 34624, June 25, 2007, as ply with instructions of the Captain of amended by USCG–2012–1075, 78 FR 14189, the Port, Maryland-National Capital Mar. 5, 2013; USCG–2016–0060, 81 FR 38594, Region or his or her designated rep- June 14, 2016] resentative. § 165.513 Safety Zone; Magothy River, (5) The operator of any vessel enter- Sillery Bay, MD. ing or located within this safety zone shall: (a) Regulated area. The following area (i) Travel at no-wake speed, is a safety zone: All waters of the Mag- (ii) Stop the vessel immediately upon othy River, in Sillery Bay, contained being directed to do so by any commis- within lines connecting the following sioned, warrant or petty officer on positions: From position latitude board a vessel displaying a Coast Guard ° ′ ″ ° ′ ″ 39 04 40 N, longitude 076 27 44 W; Ensign, and ° ′ ″ thence to position latitude 39 04 48 N, (iii) Proceed as directed by any com- longitude 076°27′19″ W; thence to posi- ° ′ ″ missioned, warrant or petty officer on tion latitude 39 04 59 N, longitude board a vessel displaying a Coast Guard 076°27′45″ W; thence to position latitude ° ′ ″ ° ′ ″ Ensign. 39 04 59 N, longitude 076 28 01 W; (d) Enforcement. The U.S. Coast thence to position latitude 39°04′41″ N, ° ′ ″ Guard may be assisted in the patrol longitude 076 27 51 W; thence to the and enforcement of the safety zone by point of origin at position latitude any Federal, State, and local agencies. 39°04′40″ N, longitude 076°27′44″ W. All (e) Enforcement period. This section coordinates reference Datum NAD 1983. will be enforced from 8 a.m. until 10 (b) Definitions. As used in this sec- p.m. on the fourth Saturday in July an- tion: nually. (1) Captain of the Port Baltimore means the Commander, U.S. Coast [USCG–2012–0001, 77 FR 24840, Apr. 26, 2012, as Guard Sector Baltimore, Maryland. amended by USCG–2016–0060, 81 FR 38595, June 14, 2016] (2) Designated representative means any Coast Guard commissioned, war- § 165.514 Safety Zone: Atlantic Intra- rant, or petty officer who has been au- coastal Waterway and connecting thorized by the Captain of the Port waters, vicinity of Marine Corps Baltimore to assist in enforcing the Base Camp Lejeune, North Caro- safety zone described in paragraph (a) lina. of this section. (a) Location. The following area is a (c) Regulations. (1) All persons are re- safety zone: All waters of the Atlantic quired to comply with the general reg- Intracoastal Waterway (AICW) and ulations governing safety zones found connecting waters, from Bogue in 33 CFR 165.23. Sound—New River Light 58 (LLNR

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39210) at approximate position 34°37′57″ fore firing exercises are scheduled to North, 077°12′18″ West, and continuing re-start. in the AICW southwest to Bogue (3) Atlantic Ocean naval gunnery live Sound—New River Daybeacon 70 fire operations. Naval gunnery live fire (LLNR 39290) at approximate position operations over the AICW from off 34°33′07″ North, 077°20′30″ West. All co- shore on the Atlantic Ocean may be ordinates reference Datum: NAD 1983. conducted for periods not to exceed 4 (b) Regulations. Notwithstanding the hours, then suspended and vessels per- provisions of 33 CFR 334.440(e)(2)(i), no mitted to transmit the specified two- vessel may enter the safety zone de- mile firing area for a minimum of one scribed in paragraph (a) of this section hour before firing may resume. A ves- while weapons firing exercises are in sel may not enter the specified firing progress, except as provided in para- area unless it will be able to complete graph (c) of this section or unless per- its transit of the firing area before fir- mitted by the Captain of the Port ing exercises are scheduled to re-start. (COTP) North Carolina. (d) Contact information. U.S. Navy (1) Red warning flags or red warning safety vessels may be contacted on lights will be displayed on towers lo- VHF marine band radio channels 13 cated at both ends of the safety zone (156.65 MHz) and 16 (156.8 MHz). The (Bear Creek and Cedar Point) while fir- Captain of the Port may be contacted ing exercises are in progress. The flags at Sector North Carolina by telephone or lights will be displayed by 8 a.m. on at (877) 229–0770 or (910) 772–2200. days where firing exercises are scheduled, and will be removed at the end of [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as the firing exercise. amended by USCG–2000–7223, 65 FR 40058, June 29, 2000; CGD05–03–167, 69 FR 41946, July (2) A Coast Guard or U.S. Navy vessel 13, 2004; USCG–2011–0368, 76 FR 26605, May 9, will patrol each end of the safety zone 2011; USCG–2015–0433, 80 FR 44286, July 27, to ensure the public is aware that fir- 2015] ing exercises are in progress and that the firing area is clear of vessel traffic § 165.515 Safety Zone: Cape Fear before weapons are fired. River, Wilmington, North Carolina. (c) General information—(1) Announce- (a) Location. The following area is a ments. The COTP North Carolina will safety zone: announce the specific times and loca- (1) The waters of the Cape Fear River tions of firing exercises by Broadcast bounded by a line connecting the fol- Notice to Mariners and Local Notice to lowing points: Mariners. Normally, weapons firing for each firing exercise is limited to a two Latitude Longitude nautical mile portion of the safety 34°14′12″ N 77°57′10″ W zone. The COTP may issue general per- 34°14′12″ N 77°57′06″ W mission to transit all or specified parts 34°13′54″ N 77°57′00″ W of the safety zone outside of the actual 34°13′54″ N 77°57′06″ W firing area or if firing is temporarily stopped. This general permission will (2) The safety zone boundary can be be announced in a Local Notice to described as follows: starting at the Mariners and Broadcast Notice to stern of the Battleship USS NORTH Mariners. CAROLINA, across the Cape Fear River (2) Camp Lejeune artillery operations. to the north end of the Coast Guard Artillery weapons firing over the AICW moorings, down along the east bank of from Marine Corps Base Camp Lejeune the Cape Fear River to the bow of the will be suspended and vessels permitted tug CAPTAIN JOHN TAXIS Memorial to transit the specified 2-nautical-mile (Chandler’s Wharf), back across the firing area for a 1-hour period begin- Cape Fear River to Eagle Island, and ning at the start of each odd-numbered then up along the west bank of the hour local time (e.g., 9 a.m.; 1 p.m.). A Cape Fear River to the stern of the vessel may not enter the specified fir- Battleship USS NORTH CAROLINA. ing area unless it will be able to com- (b) Definitions. The designated rep- plete its transit of the firing area be- resentative of the Captain of the Port is

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any Coast Guard commissioned, war- N, 076°33′12.00″ W; and back to the be- rant, or petty officer who has been au- ginning point. thorized by the Captain of the Port, (2) Waterway training area Bravo. All North Carolina to act on his behalf. waters of the Chesapeake Bay, encom- (c) General information. The Captain passed by a line connecting the fol- of the Port and the Command Duty Of- lowing points beginning at 39°05′25.98″ ficer at Sector North Carolina can be N, 076°20′20.04″ W; thence to 39°04′40.02″ contacted at telephone number (877) N, 076°19′28.98″ W; thence to 39°02′45.00″ 229–0770 or (910) 772–2200. The Coast N, 076°22′09.00″ W; thence to 39°03′30.00″ Guard Patrol Commander and the sen- N, 076°23′00.00″ W; and back to the be- ior boarding officer on each vessel en- ginning point. forcing the safety zone can be con- (3) Waterway training area Charlie. All tacted on VHF-FM channels 16 and 81. waters of the Potomac River, encom- (d) Regulation. Except for persons or passed by a line connecting the fol- vessels authorized by the Coast Guard lowing points beginning at 38°00′28.80″ Patrol Commander, no person or vessel N, 076°22′43.80″ W; thence to 38°01′18.00″ may enter or remain in the regulated N, 076°21′54.00″ W; thence to 38°05′06.00″ area. N, 076°27′43.20″ W; thence to 38°04′40.20″ (1) The operator of any vessel in the N, 076°28′34.20″ W; and back to the be- immediate vicinity of this safety zone ginning point. shall: (4) Waterway training area Delta. All (i) Stop the vessel immediately upon waters of the Potomac River, encom- being directed to do so by any commis- passed by a line connecting the fol- ° ′ ″ sioned, warrant, or petty officer on lowing points beginning at 38 32 31.14 ° ′ ″ ° ′ ″ board a vessel displaying a Coast Guard N, 077 15 29.82 W; thence to 38 32 48.18 ° ′ ″ ° ′ ″ Ensign. N, 077 15 54.24 W; thence to 38 33 34.56 N, 077°15′07.20″ W; thence to 38°33′15.06″ (ii) Proceed as directed by any com- N, 077°14′39.54″ W; and back to the be- missioned, warrant, or petty officer on ginning point. board a vessel displaying a Coast Guard (b) Definitions. As used in this sec- Ensign. tion— (2) Any spectator vessel may anchor Captain of the Port (COTP) means the outside of the regulated area specified Commander, U.S. Coast Guard Sector in paragraph (a) of the section, but Maryland-National Capital Region. may not block a navigable channel. Designated representative means a (e) Effective date. The Captain of the Coast Guard commissioned, warrant, or Port will issue a Marine Safety Infor- petty officer designated by or assisting mation Broadcast and a Notice to the COTP in the enforcement of the Mariners to notify the public when this safety zones. section is in effect. Training participant means a person [59 FR 33200, June 28, 1994, as amended by or vessel authorized by the COTP as USCG–2000–7223, 65 FR 40059, June 29, 2000; participating in the training event or USCG–2011–0368, 76 FR 26605, May 9, 2011] otherwise designated by the COTP or the COTP’s designated representative § 165.516 Safety Zones; Waterway as having a function tied to the train- Training Areas, Captain of the Port ing event. Maryland-National Capital Region (c) Regulations. (1) Under the general Zone. safety zone regulations in subpart C of (a) Regulated areas. The following this part, you may not enter the safety areas are established as safety zones zones described in paragraph (a) of this (these coordinates are based on Datum section unless authorized by the COTP NAD 83): or the COTP’s designated representa- (1) Waterway training area Alpha. All tive. waters of the Patapsco River, encom- (2) Except for training participants, passed by a line connecting the fol- all vessels underway within this safety lowing points beginning at 39°14′07.98″ zone at the time it is activated are to N, 076°32′58.50″ W; thence to 39°13′34.98″ depart the zone. To seek permission to N, 076°32′24.00″ W; thence to 39°13′22.50″ enter, contact the COTP or the COTP’s N, 076°32′28.98″ W; thence to 39°13′21.00″ designated representative by telephone

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number 410–576–2693 or on Marine Band (c) Regulations. (1) No vessel may ap- Radio VHF–FM channel 16 (156.8 MHz). proach within 500 yards of an escorted The Coast Guard vessels enforcing this vessel within the navigable waters of section can be contacted on Marine the Fifth Coast Guard District, unless Band Radio VHF–FM channel 16 (156.8 traveling at the minimum speed nec- MHz). Those in the safety zone must essary to navigate safely. comply with all lawful orders or direc- (2) No vessel may enter within a 100- tions given to them by the COTP or the yard radius of an escorted vessel within COTP’s designated representative. the navigable waters of the Fifth Coast (3) The U.S. Coast Guard may be assisted in the patrol and enforcement of Guard District, without approval from the safety zone by Federal, State, and the District Commander, Captain of local agencies. the Port or their designated represent- (d) Enforcement. The safety zones cre- atives. ated by this section will be enforced (3) Moored or anchored vessels, which only upon issuance of a Broadcast No- are overtaken by a moving zone, must tice to Mariners (BNM) by the COTP or remain stationary at their location the COTP’s representative, as well as until the escorted vessel maneuvers at on-scene notice or other appropriate least 500 yards past. means in accordance with § 165.7. (4) Vessels restricted in their ability [USCG–2019–0765, 85 FR 2033, Jan. 14, 2020] to maneuver may request permission of the District Commander, Captain of § 165.518 Security Zone; Waters of the the Port or designated representative Fifth Coast Guard District. to enter the security zone in order to (a) Definitions. As used in this sec- ensure safe passage in accordance with tion— the Navigation Rules (COLREGS and Designated Representative means any their associated Annexes and Inland U.S. Coast Guard commissioned, war- Navigation Rules (33 CFR subchapter rant or petty officer who has been au- E)).. thorized by the District Commander or (5) The local COTP may notify the local Captain of the Port (COTP), as maritime and general public by marine defined in 33 CFR part 3, subpart 3.25, information broadcast of the periods to act on his or her behalf. during which individual security zones Escorted vessel means a vessel, other have been activated by providing no- than a U.S. naval vessel as defined in tice in accordance with 33 CFR 165.7. § 165.2015, that is accompanied by one or more Coast Guard assets or Federal, (6) When moored, a security zone State or local law enforcement agency around an escorted vessel may also be assets as listed below: enforced by Coast Guard, State or (1) Coast Guard surface or air asset Local law enforcement personnel displaying the Coast Guard insignia. shoreside. (2) Coast Guard Auxiliary surface (7) Persons desiring to transit within asset displaying the Coast Guard Aux- 100 yards of an escorted vessel in the iliary insignia. Fifth Coast Guard District must con- (3) State and/or local law enforce- tact the local Captain of the Port on ment asset displaying the applicable VHF channel 16 (156.800 MHz), VHF agency markings and or equipment as- channel 13 (156.650 MHz) or at telephone sociated with the agency. numbers: State and/or local law enforcement officers means any State or local govern- Philadelphia: (215) 271–4807 ment law enforcement officer who has Maryland-National Capital Region: (410) 576– authority to enforce State criminal 2693 laws. Virginia: (757) 668–5555 or (757) 484–8192 (b) Location. The following area is a North Carolina: (877) 229–0770 or (910) 772–2200 security zone: 500-yard radius around (8) If permission is granted to transit escorted vessels in the navigable within 100 yards of an escorted vessel, waters of the Fifth Coast Guard Dis- all persons and vessels must comply trict as defined in 33 CFR 3.25–1, from with the instructions of the District surface to bottom.

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Commander, Captain of the Port or structural damage that could occur their designated representative. from a vessel bridge strike. The COTP or designated representative will [CGD05–04–171, 70 FR 11551, Mar. 9, 2005, as amended by USCG–2011–0368, 76 FR 26605, evaluate local marine environmental May 9, 2011; USCG–2015–0433, 80 FR 44286, conditions prior to issuing restrictions July 27, 2015] regarding vessel navigation. Factors that will be considered include, but are EDITORIAL NOTE: At 81 FR 38595, June 14, 2016, § 165.518 was amended in paragraph not limited to: hydrographic survey (c)(3); however, the amendment could not be data, vessel characteristics such as dis- incorporated due to inaccurate amendatory placement, tonnage, length and draft, instruction. current weather conditions including visibility, wind, sea state, and tidal § 165.520 Regulated Navigation Area; currents. Herbert C. Bonner Bridge, Oregon (3) The Coast Guard will notify the Inlet, NC. public of restrictions via Local Notice (a) Regulated area. The following area to Mariners, Broadcast Notice to Mari- is a Regulated Navigation Area (RNA): ners, electronic mail, U.S. Coast Guard All navigable waters of Oregon Inlet, HOMEPORT Web site, Marine Safety North Carolina within 100 yards under Information Bulletins and via other or surrounding any portion of the Her- methods described in 33 CFR 165.7. Ad- bert C. Bonner Bridge. ditionally, the Coast Guard will notify (b) Definitions. As used in this sec- recognized commissions and/or com- tion: mittees appointed by the Dare County, (1) Captain of the Port means the Cap- North Carolina elected officials who tain of the Port (COTP) North Caro- represent commercial and recreational lina. mariner interests in Oregon Inlet, (2) Captain of the Port Representative North Carolina, when practicable, prior means any Coast Guard commissioned, to imposing restrictions pursuant to warrant, or petty officer who has been enforcement of the RNA. Coast Guard authorized by the Captain of the Port personnel may be on-scene to advise North Carolina to act as a designated the public of enforcement of any re- representative of the COTP. strictions on vessel navigation within (3) Hazardous condition means any the RNA. condition that may adversely affect (4) In accordance with the general the safety of any vessel, bridge, struc- regulations, entry into, anchoring, or ture, or shore area or the environ- movement within the RNA, during pe- mental quality of any port, harbor, or riods of enforcement, is prohibited un- navigable waterway of the United less authorized by the Captain of the States, as defined in 33 CFR 160.204. Port (COTP) or the COTP’s on-scene (4) Official patrol vessel means any designated representative. The ‘‘on- Coast Guard, Coast Guard Auxiliary, scene designated representative’’ of the state, or local law enforcement ves- COTP is any Coast Guard commis- sel(s) assigned and authorized by COTP sioned, warrant or petty officer who North Carolina. has been designated by the COTP to (c) Regulations. (1) The general regu- act on the COTP’s behalf. The on-scene lations governing Regulated Naviga- representative may be on a Coast tion Areas found in 33 CFR 165.10, Guard vessel; State agency vessel, or 165.11, and 165.13, including the Regu- other designated craft; or may be on lated Navigation Area described in shore and will communicate with ves- paragraph (a) of this section and the sels via VHF–FM marine band radio or following regulations, apply. loudhailer. Members of the Coast (2) Operation of vessels of certain Guard Auxiliary may be present to as- characteristics in this RNA will be pro- sist COTP representatives with notifi- hibited by the Captain of the Port cation of vessel operators regarding the (COTP) or designated representative in contents of this regulation. order to safeguard people and vessels (5) Any deviation from paragraph from the hazards associated with (c)(4) of this section due to extreme cir- shoaling and the Herbert C. Bonner cumstances must be authorized by the Bridge from the potential catastrophic Coast Guard District Commander, the

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Captain of the Port (COTP) or the safety zone can be contacted on VHF- COTP’s designated representative. Ves- FM channels 16 and 81. sels granted permission to transit the (2) The Captain of the Port may au- RNA must do so in accordance with the thorize and designate any Coast Guard directions provided by the COTP or commissioned, warrant, or petty offi- COTP representative to that vessel. To cer to act on his behalf in enforcing request permission to transit the regu- this safety zone. lated navigation area, the COTP or (3) Sector North Carolina will notify COTP representative can be contacted the maritime community of periods at Coast Guard Sector North Carolina, during which this safety zone will be in telephone number (910) 343–3880, or on effect by providing advance notice of VHF–FM marine band radio channel 13 scheduled arrivals and departures of (165.65 MHz) or channel 16 (156.8 MHz). loaded hazardous materials vessels via During periods of enforcement, all per- a marine Broadcast Notice to Mariners. sons and vessels given permission to (c) Regulation. The general regula- enter or transit within the RNA must tions governing safety zones contained comply with the instructions of the in § 165.23 apply. COTP or designated representative. Upon being hailed by an official patrol [COTP Wilmington, NC 94–004, 59 FR 42759, vessel by siren, radio, flashing-light, or Aug. 19, 1994, as amended by USCG–2000–7223, other means, the operator of a vessel 65 FR 40059, June 29, 2000; USCG–2011–0368, 76 must proceed as directed. FR 26605, May 9, 2011] (d) Enforcement. The Coast Guard § 165.535 Safety Zone: Atlantic Ocean, may be assisted in the patrol and en- Vicinity of Cape Henlopen State forcement of the Regulated Navigation Park, Delaware. Area by other Federal, State, and local agencies. The COTP may impose addi- (a) Location. The following area is a tional requirements within the RNA safety zone: All waters of the Atlantic due to unforeseen changes to shoaling Ocean within the area bounded by a of Oregon Inlet or structural integrity line drawn north from the tip of Cape ° ′ of the Herbert C. Bonner Bridge. Henlopen located at latitude 38 48.2 N, longitude 75°05.5′ W, to a point located (e) Notification. The Coast Guard will at latitude 38°49.4′ N, longitude 75°05.5′ rely on the methods described in 33 W; thence east to a point located at CFR 165.7 and paragraph (c)(3) of this latitude 38°49.4′ N, longitude 75°01.4′ W; section to notify the public of the date, thence south to a point located at lati- time and duration of any closure of the tude 38°43.0′ N, longitude 75°01.4′ W; RNA. Violations of this RNA may be thence west to a point on the shoreline reported to the COTP at (910) 343–3880 located at latitude 38°43.0′ N, longitude or on VHF–FM channel 16. 75°04.5′ W; thence north following the [USCG–2014–0987, 80 FR 67641, Nov. 3, 2015] shoreline, to a point located at latitude 38°48.2′ N, longitude 75°05.5′ W. All co- § 165.530 Safety Zone: Cape Fear and ordinate refer to Datum: NAD 1983. Northeast Cape Fear Rivers, NC. (b) Regulation. The general regula- (a) Location. The following area is a tions governing safety zones contained moving safety zone during the specified in § 165.23 apply. Vessels may not enter conditions: The waters of the Cape the safety zone without first obtaining Fear and Northeast Cape Fear Rivers permission from the Captain of the for 500 yards ahead and astern, and 75 Port (COTP) Delaware Bay. yards abeam of a vessel carrying haz- (c) Dates. This section is enforced an- ardous materials when designated by nually on the second Saturday in May the Captain of the Port, North Caro- and the following day. lina. (d) General information. (1) Those (b) General Information. (1) The Cap- times during which hazardous condi- tain of the Port and the Command tions exist inside the safety zone will Duty Officer at Sector North Carolina be announced by Broadcast Notice to can be contacted at telephone number Mariners. General permission to enter (877) 229–0770 or (910) 772–2200. The Coast the safety zone will be broadcast dur- Guard Patrol Commander enforcing the ing non-hazardous times.

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(2) You can gain access to the safety south by a line drawn across the Dela- by calling Sector Field Office Atlantic ware River at the Betsy Ross (state City command center at telephone route 90) fixed highway bridge from number (609) 677–2222 and on VHF chan- latitude 39°59′10.43″ N., longitude nel 13 or 16. 075°04′11.03″ W. to latitude 39°58′58.65″ (3) The COTP Delaware Bay may au- N., longitude 075°03′43.23″ W. The regu- thorize and designate any Coast Guard lated area is bound to the north by a commissioned, warrant, or petty offi- line drawn across the Delaware River cer to act on his behalf in enforcing at the Trenton—Morrisville (state this safety zone. route 1) highway bridge from latitude ° ′ ″ ° ′ ″ [CGD05–98–043, 69 FR 28827, May 19, 2004] 40 12 29.86 N., longitude 074 46 11.00 W. to latitude 40°12′34.93″ N., longitude § 165.550 Safety Zones: Ice covered wa- 74°46′00.63″ W. (Datum NAD 83) terways within the Fifth Coast (iv) New Jersey Intracoastal Waterway: Guard District. All navigable waters of New Jersey In- (a) Regulated areas. The following tracoastal Waterway (NJICW), bounded areas are established as safety zones: by the area defined by 33 CFR 80.501(b)– (1) Coast Guard Sector Delaware Bay— (c) and § 80.502, commencing at the en- COTP Zone—(i) Delaware Bay: All navi- trance to Manasquan Inlet at latitude gable waters of Delaware Bay and Dela- 40°06′03″ N., longitude 74°01′55″ W., con- ware River in an area bound to the tinuing the entire length of NJICW to south by a line drawn across the en- include the navigable waters trance to Delaware Bay, commencing Manasquan River at its tributaries, at Cape May Light (LLNR 155) latitude Metedeconk River and its tributaries, 38°55′59″ N., longitude 074°57′37″ W.; Toms River and Barnegat Bay and its thence southwest to Cape Henlopen, tributaries, Mahahawkin Bay, Little latitude 38°48′20.3″ N., longitude Egg Harbor, Great Bay to Absecon Bay, 075°05′44.5″ W. The regulated area is Lakes Bay, Great Egg Harbor Bay, bound to the north by a line drawn Peck Bay, Ludlam Bay, Townsend across the Delaware River, com- Sound, Stites Sound, Great Sound, mencing at Liston Point, DE, latitude Grassy Sound, Taylor Sound, Sunset 39°25′03.07″ N., longitude 075°32′25.5″ W.; Lake, Jarvis Sound and Cape May Har- thence northeast to the extent of navi- bor. This regulated area terminates in gable waters at Hope Creek Jetty, lati- the east at line drawn across the sea- tude 39°27′05.04″ N., longitude ward extremity of Cape May Inlet, 075°30′12.55″ W. (Datum NAD 83) Cape May, NJ and in the west at line (ii) Delaware River: All navigable drawn across the entrance to the Cape waters of Delaware River and its tribu- May Canal from latitude 38°58′03.72″ N., taries, in an area bound to the south by longitude 074°58′00.00″ W. to latitude a line drawn across the Delaware 38°57′57.00″ N., longitude 074°58′00.80″ W. River, commencing at Liston Point, (Datum NAD 83) DE, latitude 39°25′03.07″ N., longitude (2) Coast Guard Sector Maryland-Na- 075°32′25.5″ W.; thence northeast to the tional Capital Region- COTP Zone. (i) extent of navigable waters at Hope Head of Chesapeake Bay to C&D Canal: Creek Jetty, latitude 39°27′05.04″ N., All navigable waters of the Upper longitude 075°30′12.55″ W., including the Chesapeake Bay and its tributaries, navigable waters of the Salem River, bound to the north by a line drawn Christina River, and Schuylkill River. from Hylands Point, MD, latitude The regulated area is bound to the 39°30′18″ N., longitude 075°55′37″ W.; north by a line drawn across the Dela- thence east across Elk River to the ware River at the Betsy Ross (state shoreline at Old Town Point Wharf, route 90) fixed highway bridge from MD, latitude 39°30′11.3″ N., longitude latitude 39°59′10.43″ N, longitude 075°54′57.1″ W. The regulated area is 075°04′11.03″ W to latitude 39°58′58.65″ N., bound to the south by a line drawn longitude 075°03′43.23″ W. (Datum NAD across the Chesapeake Bay, com- 83) mencing at North Point, MD, latitude (iii) Upper Delaware River: All navi- 39°11′43.7″ N., longitude 076°26′32.8″ W.; gable waters of Delaware River and its thence east to the extent of navigable tributaries in an area bound to the waters at Swan Point, latitude

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39°08′41.7″ N., longitude 076°16′42.4″ W. necting Alexandria, VA and Prince (Datum NAD 83) George’s County, MD. The regulated (ii) Baltimore Harbor and approaches: area is bound to the south by a line All navigable waters of the Chesapeake drawn across the Potomac River at the Bay and its tributaries, bound to the Governor Harry W. Nice (US–301) Me- north by a line drawn across the Chesa- morial Bridge from latitude 38°21′33.30″ peake Bay, commencing at North N., longitude 077°00′51.41″W. to latitude Point, MD, latitude 39°11′43.7″ N., lon- 38°21′48.22″ N., longitude 76°58′59.83″ W., gitude 076°26′32.8″ W.; thence east to the connecting King George County, VA shoreline at Swan Point, latitude and Charles County, MD. (Datum NAD 39°08′41.7″ N., longitude 076°16′42.4″ W. 83) The regulated area is bound to the (vi) Upper Potomac River and Ana- south by the southernmost edge of the costia River: All navigable waters of the east-bound span of the William P. Potomac River, bound to the north by Lane, Jr (US–50/301) Memorial Bridge. a line drawn across the Potomac River (Datum NAD 83) at the Francis Scott Key (US–29) (iii) Chesapeake Channel to Cove Point: Bridge from latitude 38°54′03.51″ N., lon- All navigable waters of the Chesapeake gitude 077°04′13.18″ W. to latitude Bay and its tributaries, bound to the 38°54′13.68″ N., longitude 077°04′08.46″ W., north by the southernmost edge of the connecting Rosslyn, VA and George- east-bound span of the William P. town, Washington, DC, and bound to Lane, Jr (US–50/301) Memorial Bridge. the south by a line drawn across the The regulated area is bound to the Potomac River at the Woodrow Wilson south by a line drawn across the Chesa- Memorial (I–95/I–495) Bridge from lati- peake Bay commencing in Cove Point tude 38°47′32.38″ N., longitude in Calvert County, MD at latitude 077°02′22.15″ W. to latitude 38°47′33.83″ 38°23′10.5″ N., longitude 076°22′52.9″W. N., longitude 077°01′30.58″ W., con- and ending at a point in Meekins Neck necting Alexandria, VA and Prince at latitude 38°23′14.9″ N., longitude George’s County, MD. All navigable 076°16′48.3″ W. (Datum NAD 83) waters of Anacostia River and Wash- (iv) Chesapeake Channel between Cove ington Channel bound to the north by a Point and Smith Point, and Lower Poto- line drawn across the Anacostia River mac River: All navigable waters of at the John Philip Sousa (Pennsyl- Chesapeake Bay and its tributaries, vania Avenue SE) Bridge, latitude bound to the north by a line drawn 38°52′38.97″ N., longitude 076°58′46.48″ W. across the Chesapeake Bay com- to latitude 38°52′34.08″ N., longitude mencing in Cove Point in Calvert 076°58′36.61″ W. and bound to the south County, MD at latitude 38°23′10.5″ N., by a line drawn across the mouth of longitude 076°22′52.9″ W. and ending at a the Anacostia River, from Hains Point point in Meekins Neck at latitude at latitude 38° 51′ 24.34″ N., longitude 38°23′10.5″ N., longitude 076°16′48.3″ W.; 077° 1′ 20.14″ W., south across Anacostia and all navigable waters of the Poto- River Channel to Giesboro Point at mac River bound to the north by a line latitude 38°50′51″ N., longitude 077°01′14″ drawn across the Potomac River at the W. at Joint Base Anacostia-Bolling Governor Harry W. Nice (US–301) Me- military installation. (Datum NAD 83) morial Bridge from latitude 38°21′33.30″ (3) Coast Guard Sector Virginia—COTP N., longitude 077°00′51.41″W. to latitude Zone—(i) Chesapeake Bay and Tangier 38°21′48.22″ N., longitude 76°58′59.83″ W., Sound: All navigable waters of Chesa- connecting King George County, VA peake Bay, and its tributaries, bound and Charles County, MD. (Datum NAD to the north by a line drawn along the 83) Maryland-Virginia boundary, com- (v) Potomac River: All navigable mencing in Virginia at latitude waters of the Potomac River, bound to 37°53′11″ N., longitude 76°14′15″ W., the north by a line drawn across the thence east along the Maryland-Vir- Potomac River at the Woodrow Wilson ginia boundary as it proceeds across Memorial (I–95/I–495) Bridge from lati- the Chesapeake Bay and Pocomoke tude 38°47′32.38″ N., longitude River, ending at the point latitude 077°02′22.15″ W. to latitude 38°47′33.83″ 37°59′39.8″ N., longitude 75°37′27.4″ W. N., longitude 077°01′30.58″ W., con- The regulated area is bound to the

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south by a line drawn across the Chesa- (c) Regulations—(1) Non-steel hull ves- peake Bay along latitude 37°45′00.0″ N., sels. Non-steel hull vessels may not commencing in Northumberland Coun- enter or transit within a safety zone ty, VA at latitude 37°45′00.00″ N., lon- described in paragraph (a) of this sec- gitude 76°18′44.32″ W. and ending in tion without permission from the cog- Chesconessex, in Accomack County, nizant COTP or District Commander if, VA at latitude 37°45′00.00″ N., longitude when approaching the zone or after en- 75°48′39.53″W. (Datum NAD 83) tering the zone, the vessel encounters (ii) [Reserved] ice of 1⁄2-inch or more in thickness. (b) Definitions. As used in this sec- When ice in a zone is 1⁄2-inch thick or tion: more, non-steel hull vessels moored or Convoy means a group of vessels led docked in the zone need not exit the by U.S. Coast Guard assets or COTP- zone. Except for as described in para- designated vessels to assist vessels graph (d)(4), non-steel hull vessels may moving through the ice. not enter or transit the zone without COTP means the Coast Guard Cap- permission of the cognizant COTP or tain of the Port with jurisdiction over District Commander. the geographic area as defined in 33 (2) Steel hull vessels. Except as pro- CFR subpart 3.25. vided in paragraph (d)(1) of this sec- Designated representative means any tion, steel hull vessels may not enter Coast Guard commissioned, warrant, or or transit within a safety zone de- petty officer who has been authorized scribed in paragraph (a) of this section by the cognizant COTP to assist in en- without permission from the cognizant forcing the safety zones described in paragraph (a) of this section. COTP or District Commander in the following circumstances: Horsepower means the total maximum continuous shaft horsepower of a (i) The vessel has less than 1,500 min- vessel’s main propulsion machinery. imum shaft horsepower and encounters Ice Condition One means when the ice 1 inch or more thick. COTP or District Commander has re- (ii) The vessel has a 1,500 minimum ceived reports that approximately 30 shaft horsepower and a main engine percent of a safety zone defined in cooling system design that prevents paragraph (a) has been covered with ice blockage from ice and encounters ice 3 whose thickness is approximately 1 to 3 inches or more thick. inches. (iii) The vessel is part of a vessel con- Ice Condition Two means when the voy and has a 1,500 minimum shaft COTP or District Commander has re- horsepower and a main engine cooling ceived reports that approximately 30 system design that prevents blockage percent to 90 percent of a safety zone from ice and encounters ice 9 inches or defined in paragraph (a) has been cov- more thick. ered with ice whose thickness is ap- (d) Permission to enter or transit. (1) proximately 3 to 9 inches. The COTP may set ice conditions, as Ice Condition Three means when the defined in paragraph (b) of this section, COTP or District Commander has re- for any zone described in paragraph (a) ceived reports that approximately 90 of this section, or a portion thereof, percent or more of a safety zone de- and announce those conditions via fined in paragraph (a) has been covered Broadcast Notice to Mariners and with ice whose thickness is 9 inches or other methods described in 33 CFR thicker. 165.7. Steel hull vessels prohibited from Protected waters means sheltered entering or transiting a safety zone waters such as harbors or basins that under paragraph (c) of this section may present no special hazards. nonetheless enter or continue Public vessel means vessels owned or transiting the safety zone without con- bareboat chartered and operated by the tacting the COTP if the vessel is a pub- United States, or by a State or political subdivision thereof, or by a foreign lic vessel or the COTP has set an ice nation, except when such vessel is en- condition for the safety zone and the gaged in commercial service. vessel meets these restrictions:

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(i) Ice Condition One. Only steel hull § 165.552 Security Zone; Oyster Creek vessels may enter, operate in, or tran- Generation Station, Forked River, sit though a safety zone when Ice Con- Ocean County, New Jersey. dition One has been set for that zone. (a) Location. The following area is a (ii) Ice Condition Two. Only steel hull security zone: Starting at the south vessels with a 1,500 minimum shaft branch of the Forked River in the vi- horsepower and a main engine cooling cinity of the Oyster Creek Generation system design that prevents blockage Station, bounded by a line beginning at from ice, may enter, operate in, or 39°49′12.0″ N, 074°12′13.0″ W; thence to transit though a safety zone when Ice 39°48′39.7″ N, 074°12′0″ W; along the Condition Two has been set for that shoreline, thence to 39°48′40.0″ N, zone. 074°12′0.3″ W; thence to 39°49′11.8″ N, (iii) Ice Condition Three. Only steel 074°12′10.5″ W; thence back along the hull vessels with a 1,500 minimum shaft shoreline to the beginning point. All horsepower and a main engine cooling coordinates reference Datum: NAD system design that prevents blockage 1983. from ice, and that are part of a vessel (b) Regulations. (1) All persons are re- convoy, may enter, operate in, or tran- quired to comply with the general reg- sit though a safety zone when Ice Con- ulations governing security zones in dition Three has been set for that zone. § 165.33 of this part. These vessels may only transit an Ice (2) No person or vessel may enter or Condition Three zone during daylight navigate within this security zone un- hours. less authorized to do so by the Coast (2) Vessels prohibited from entering Guard or designated representative. or transiting a safety zone under para- Any person or vessel authorized to graph (c) of this section may request enter the security zones must operate permission to enter or continue in strict conformance with any direc- transiting by contacting the cognizant tions given by the Coast Guard or des- COTP on VHF–FM channel 16 (156.8 ignated representative and leave the MHZ) or via telephone, as follows: security zone immediately if the Coast (i) COTP Delaware Bay: 215–271–4940. Guard or designated representative so (ii) COTP Maryland-National Capital orders. Region: 410–576–2693. (3) The Coast Guard or designated (iii) COTP Virginia: 757–483–8567. representative enforcing this section (3) Vessels granted permission to can be contacted on VHF Marine Band enter, operate in, or transit though a Radio, channels 13 and 16. The Captain safety zone must do so in accordance of the Port can be contacted at (215) with the directions provided by the 271–4807. cognizant COTP or designated rep- (4) The Captain of the Port will no- resentative. tify the public of any changes in the (4) Vessels may transit within pro- status of this security zone by Marine tected waters to facilitate icebreaking Safety Radio Broadcast on VHF-FM operations and protect infrastructure marine band radio, channel 22 (157.1 and property without COTP permis- MHZ). sion. (c) Definitions. For the purposes of (e) Enforcement. The Coast Guard ves- this section, Captain of the Port means sels enforcing this section can be con- the Commanding Officer of the Coast tacted on marine band radio VHF–FM Guard Sector Delaware Bay, or any channel 16 (156.8 MHZ). The cognizant Coast Guard commissioned, warrant, or COTP and his or her designated rep- petty officer who has been authorized resentatives can be contacted at tele- by the Captain of the Port to act as a phone number listed in paragraph (d)(2) designated representative on his be- of this section. half. [USCG–2015–0051, 82 FR 39669, Aug. 22, 2017, as [CGD05–03–111, 69 FR 5284, Feb. 4, 2004] amended at USCG–2019–0943, 85 FR 6806, Feb. 6, 2020]

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§ 165.553 Security Zone; Salem and § 165.554 Security Zone; Three Mile Is- Hope Creek Generation Stations, land Generating Station, Susque- Delaware River, Salem County, New hanna River, Dauphin County, Jersey. Pennsylvania. (a) Location. The following area is a (a) Location. The following area is a security zone: the waters of the Dela- security zone: the waters of the Sus- ware River in the vicinity of the Salem quehanna River in the vicinity of the and Hope Creek Generation Stations Three Mile Island Generating Station bounded by a line beginning at bounded by a line drawn from a point ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 40 09 14.74 N, 076 43 40.77 W; thence to located at 39 28 08.0 N, 075 32 31.7 W to 40°09′14.74″ N, 076°43′42.22″ W, thence to ° ′ ″ ° ′ ″ 39 28 06.5 N, 075 32 47.4 W, thence to 40°09′16.67″ N, 076°43′42.22″ W, thence to ° ′ ″ ° ′ ″ 39 27 28.4 N, 075 32 15.8 W, thence to 40°09′16.67″ N, 076°43′40.77″ W; thence 39°27′28.8″ N, 075°31′56.6″ W, thence to back to the beginning point 40°09′14.74″ 39°27′39.9″ N, 075°31′51.6″ W, thence along N, 076°43′40.77″ W. All coordinates ref- the shoreline to the point of 39°28′08.0″ erence Datum: NAD 1983. N, 075°32′31.7″ W. All coordinates ref- (b) Regulations. (1) All persons are re- erence Datum: NAD 1983. quired to comply with the general reg- (b) Regulations. (1) All persons are re- ulations governing security zones in quired to comply with the general reg- § 165.33 of this part. ulations governing security zones in (2) No person or vessel may enter or § 165.33 of this part. navigate within this security zone un- (2) No person or vessel may enter or less authorized to do so by the Coast navigate within this security zone un- Guard or designated representative. Any person or vessel authorized to less authorized to do so by the Coast enter the security zone must operate in Guard or designated representative. strict conformance with any directions Any person or vessel authorized to given by the Coast Guard or designated enter the security zones must operate representative and leave the security in strict conformance with any direc- zone immediately if the Coast Guard or tions given by the Coast Guard or des- designated representative so orders. ignated representative and leave the (3) The Coast Guard or designated security zone immediately if the Coast representative enforcing this section Guard or designated representative so can be contacted on VHF Marine Band orders. Radio, channels 13 and 16. The Captain (3) The Coast Guard or designated of the Port can be contacted at (215) representative enforcing this section 271–4807. The Security Manager at can be contacted on VHF Marine Band Three Mile Island can be contacted at Radio, channels 13 and 16. The Captain (717) 948–8208 or (717) 948–8039. of the Port can be contacted at (215) (4) The Captain of the Port will no- 271–4807. tify the public of any changes in the status of this security zone by Marine (4) The Captain of the Port will no- Safety Radio Broadcast on VHF-FM tify the public of any changes in the marine band radio, channel 22 (157.1 status of this security zone by Marine MHZ). Safety Radio Broadcast on VHF-FM (c) Definitions. For the purposes of marine band radio, channel 22 (157.1 this section, Captain of the Port means MHZ). the Commanding Officer of the Coast (c) Definitions. For the purposes of Guard Sector Delaware Bay, Coast this section, Captain of the Port means Guard commissioned, warrant, or petty the Commanding Officer of the Coast officer who has been authorized by the Guard Sector Delaware Bay, or any Captain of the Port to act as a des- Coast Guard commissioned, warrant, or ignated representative on his behalf. petty officer who has been authorized [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] by the Captain of the Port to act as a designated representative on his be- § 165.555 Safety Zone; Delaware River. half. (a) Definition. As used in this section, [CGD05–03–113, 69 FR 5279, Feb. 4, 2004] Captain of the Port means the Com- mander of Sector Delaware Bay or any

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Coast Guard commissioned, warrant or the regulated navigation area de- petty officer who has been authorized scribed in paragraph (a) of this section. by the Captain of the Port to act on his (1) All vessels and persons are prohib- behalf. The Captain of the Port may be ited from entering and accessing this contacted by telephone at (215) 271–4807 regulated navigation area, except as or via VHF marine band radio, channel authorized by the District Commander 16. or his or her designated representative. (b) Location. The following area is a (2) Persons or vessels requiring entry safety zone: All waters located within a into or passage within the regulated 150-yard radius around the dredging op- navigation area must request author- eration and barge, conducting dredging ization from the District Commander operations in or near the Marcus Hook or his or her designated representative, Range in the vicinity of Anchorage 7. by telephone at (410) 576–2693 or by ma- (c) Enforcement. This safety zone will rine band radio on VHF–FM Channel 16 be enforced annually beginning on Sep- (156.8 MHz), from 12:01 a.m. until 11:59 tember 1 through December 31. p.m. on the last Saturday in June, an- (d) (1) All persons are re- Regulations. nually. All Coast Guard vessels enforc- quired to comply with the general reg- ing this regulated navigation area can ulations governing safety zones in 33 be contacted on marine band radio CFR 165.23 of this part. VHF–FM Channel 16 (156.8 MHz). (2) All Coast Guard vessels enforcing this safety zone or watch officers (3) The operator of any vessel enter- aboard the Dredge and Barge can be ing or located within this regulated contacted on VHF marine band radio, navigation area shall: channel 16. The Captain of the Port (i) Travel at no-wake speed, may be contacted by telephone at (215) (ii) Stop the vessel immediately upon 271–4807 or via VHF marine band radio, being directed to do so by any commis- channel 16. sioned, warrant or petty officer on board a vessel displaying a Coast Guard [CGD05–04–035, 70 FR 40887, July 15, 2005] Ensign, and § 165.556 Regulated Navigation Area; (iii) Proceed as directed by any com- Chesapeake and Delaware Canal, missioned, warrant or petty officer on Chesapeake City Anchorage Basin, board a vessel displaying a Coast Guard MD. Ensign. (a) Location. The following area is a (4) All vessels and persons within this regulated navigation area: All waters regulated navigation area must comply of the Chesapeake and Delaware (C & with any additional instructions of the D) Canal within the anchorage basin at District Commander or the designated Chesapeake City, Maryland, bounded representative. by a line drawn across the entrance to (d) Enforcement. The U.S. Coast the basin from position latitude Guard may be assisted in the patrol 39°31′39.6″ N, longitude 075°48′36.5″ W, to and enforcement of the regulated navi- position latitude 39°31′40.6″ N, longitude gation area by any Federal, State, and 075°48′43.3″ W. All coordinates refer to local agencies. NAD 1983. (e) Enforcement period. This section (b) Definitions. For the purposes of will be enforced from 12:01 a.m. until this section: 11:59 p.m. on the last Saturday in June, District Commander means the Com- annually. mander, Fifth Coast Guard District or any Coast Guard commissioned, war- [USCG–2008–1119, 74 FR 28611, June 17, 2009] rant, or petty officer who has been authorized by the Commander, Fifth § 165.557 Security Zone; Potomac River, Montgomery County, MD. Coast Guard District, to act on his or her behalf, or his or her designated rep- (a) Definitions. As used in this sec- resentative. tion: (c) Regulations. The general regula- Captain of the Port (COTP) means the tions governing regulated navigation Commander, U.S. Coast Guard Sector areas, found in 33 CFR 165.13, apply to Maryland-National Capital Region or

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any Coast Guard commissioned, war- ignated representative to remain with- rant or petty officer who has been au- in the zone. All vessels authorized to thorized by the Captain of the Port to remain in the zone shall proceed as di- act on his or her behalf. rected by the COTP or designated rep- Designated representative means a resentative. Coast Guard commissioned, warrant, or (2) Persons and vessel operators who petty officer who has been authorized intend to enter or transit the security by the Captain of the Port to enforce zone while the zone is being enforced the security zone described in para- must obtain authorization from the graph (b)(1) of this section. COTP or designated representative. Ac- Public vessel has the same meaning as cess to the zone will be determined by that term is defined under 46 U.S.C. the COTP or designated representative 2101. on a case-by-case basis when the zone (b) Location. Coordinates used in this is enforced. Persons and vessel opera- section are based on datum NAD 83. tors requesting permission to enter or (1) Security zone. The following area transit the security zone may contact is a security zone: All navigable waters the COTP or designated representative of the Potomac River, from shoreline at telephone number 410–576–2675, on to shoreline, within an area bounded on marine band radio VHF–FM channel 16 the west by a line connecting the fol- (156.8 MHz), or by visually or verbally lowing points: Latitude 39°03′44.7″ N, hailing the on-scene law enforcement longitude 077°21′47″ W, thence north to vessel enforcing the zone. On-scene latitude 39°04′03″ N, longitude 077°21′47″ Coast Guard personnel enforcing this W, and bounded on the east by a line section can be contacted on marine connecting the following points: Lati- band radio, VHF–FM channel 16 (156.8 tude 39°04′04″ N, longitude 077°19′58″ W, MHz). The operator of a vessel shall thence south to latitude 39°03′41.35″ N, proceed as directed upon being hailed longitude 077°20′05.30″ W. by a U.S. Coast Guard vessel, or other (2) Transit lane. All waters within the Federal, State, or local law enforce- Potomac River, contiguous with the ment agency vessel, by siren, radio, Maryland shoreline and extending out flashing light, or other means. When into the Potomac River approximately authorized by the COTP or designated 250 yards, within an area bounded by a representative to enter the security line connecting the following points: zone all persons and vessels must com- Beginning at the Maryland shoreline at ply with the instructions of the COTP latitude 39°04′03″ N, longitude 077°21′47″ or designated representative and pro- W, thence south to latitude 39°03′55.3″ ceed at the minimum speed necessary N, longitude 077°21′47″ W, thence east to to maintain a safe course while within latitude 39°03′56.8″ N, longitude the security zone. 077°20′00.3″ W, thence north to the (3) The transit lane, described in Maryland shoreline at latitude 39°04′04″ paragraph (b)(2) of this section, is the N, longitude 077°19′58″ W, thence back only part of the security zone through along the shoreline to the originating which persons and vessels may travel. point. Before entering the transit lane, per- (c) Regulations. The general security sons or vessels must have authoriza- zone regulations found in § 165.33 apply tion as described in paragraph (c)(2) of to the security zone created by this this section. All persons and vessels section. shall operate at bare steerage or no- (1) Except for public vessels, entry wake speed while transiting through into or remaining in the security zone the lane, and must not loiter, stop, or described in paragraph (b)(1) of this anchor, unless authorized or otherwise section is prohibited unless authorized instructed by the COTP or a designated by the COTP or designated representa- representative. tive when the aforementioned security (4) The U.S. Coast Guard may secure zone is being enforced. At the start of the entire security zone, including each enforcement, all persons and ves- transit lane, if deemed necessary to ad- sels within the security zone must de- dress security threats or concerns. part the zone immediately or obtain (5) The U.S. Coast Guard may be as- authorization from the COTP or des- sisted by Federal, State, and local law

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enforcement agencies in the patrol and (b) Definitions. As used in this sec- enforcement of the security zone de- tion— scribed in paragraph (b)(1) of this sec- Designated representative means any tion. Coast Guard commissioned, warrant or (d) Enforcement. The Coast Guard ac- petty officer who has been designated tivates the security zone when re- by the COTP to act on his or her be- quested by the U.S. Secret Service for half. The designated representative the protection of individuals who qual- may be on an official patrol vessel or ify for protection under 18 U.S.C 3056(a) may be on shore and will communicate or Presidential memorandum. The with vessels via VHF–FM radio or COTP will provide the public with no- loudhailer. In addition, members of the tice of enforcement of security zone by Coast Guard Auxiliary may be present Broadcast Notice to Mariners (BNM), to inform vessel operators of this regu- information release at the website: lation. www.news.uscg.mil/Baltimore/ and via a Official patrol vessel means any Coast recorded message at telephone number Guard, Coast Guard Auxiliary, State, (410) 576–2675 as well as on-scene notice or local law enforcement vessel as- by designated representative or other signed or approved by the COTP. appropriate means in accordance with § 165.7. Very important person (VIP) means any person for whom the United States [USCG–2017–0448, 85 FR 29620, May 18, 2020] Secret Service requests implementation of a security zone in order to sup- § 165.558 Security Zone; Delaware River, and Schuylkill River, Phila- plement protection of said person(s). delphia, PA. (c) Regulations. (1) In accordance with the general regulations contained in (a) Location. The following area is a security zone: All waters of the Dela- § 165.33, entry into or movement within ware River in the vicinity of Philadel- this zone is prohibited unless author- phia International Airport, within an ized by the COTP, Sector Delaware area bound to the west by a line drawn Bay, or designated representative. from the New Jersey shoreline at (2) Only vessels or people specifically Thompson Point, latitude 39°50′37″ N, authorized by the Captain of the Port, longitude 75°18′23″ W, thence northwest Delaware Bay, or designated represent- to the Pennsylvania shoreline at lati- ative, may enter or remain in the regu- tude 39°51′45″ N, longitude 75°18′46″ W; lated area. To request permission to thence up river and bound shoreline to enter or remain in the regulated area shoreline; bound to the east by a line contact the COTP or the COTP’s rep- drawn from the New Jersey shoreline resentative on VHF–FM channel 13 or at latitude 39°52′28″ N, longitude 16. Vessel operators and persons within 75°11′14″ W, and thence northwest to the the security zone must comply with all Pennsylvania shoreline near the east- lawful orders or directions given to ern side of mouth to the Schuylkill them by the COTP or the COTP’s des- River at latitude 39°53′05″ N, longitude ignated representative. No person may 75°11′34″ W; the security zone extends swim upon or below the surface of the north into the waters of Schuylkill water of this security zone unless au- River, bound from shoreline to shore- thorized by the COTP or his designated line, including the waters of Schuylkill representative. River adjacent to the Navy Yard Re- (3) Upon being hailed by an official serve Basin Bridge, and terminates patrol vessel or the designated rep- along a line drawn from latitude resentative, by siren, radio, flashing 39°54′04″ N, longitude 75°12′56″ W, thence light or other means, the operator of eastward across the Schuylkill River the vessel shall proceed as directed. to latitude 39°54′07″ N, longitude Failure to comply with lawful direc- 75°12′48″ W, located approximately 500 tion may result in expulsion from the yards northwest and parallel with the regulated area, citation for failure to George C. Platt Memorial—Penrose Av- comply, or both. enue lift-bridge. These coordinates are (d) Enforcement. This security zone based on North American Datum 83 will be enforced with actual notice by (NAD83). the U.S. Coast Guard representatives

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on scene, as well as other methods list- Notice to Mariners, Marine Safety In- ed in § 165.7. The Coast Guard will en- formation Bulletin, on-scene des- force the security zone created by this ignated representatives, and an section only when it is necessary for INMARSAT C message to NAVAREA the protection of VIPs traveling to or IV. from the Philadelphia International (e) Enforcement period. This section Airport. The U.S. Coast Guard may be will be enforced starting September 19, additionally assisted in the patrol and 2019, and will be in effect until further enforcement of the zone by Federal, notice. State, and local agencies. [USCG–2019–0794, 84 FR 51413, Sept. 30, 2019; 84 [USCG–2017–0079, 83 FR 6963, Feb. 16, 2018] FR 54496, Oct. 10, 2019]

SEVENTH COAST GUARD DISTRICT § 165.T07–0803 Regulated navigation area; Saint Simons Sound, GA. § 165.T07–0794 Safety Zone; M/V GOLD- (a) Location. The following area is a EN RAY; Saint Simons Sound, GA. regulated navigation area (RNA): All (a) Regulated area. The following navigable waters of Saint Simons areas are established as safety zones: Sound, GA bounded by a line drawn All navigable waters within a 150-yard from a point located at 31°07′48″ N, radius surrounding the M/V GOLDEN 081°23′30″ W, thence to 31°07′29″ N, RAY, which is, grounded in position 081°23′37″ W, thence to 31°07′38″ N, 31°07′39.66 North, 081°24′10.58 West, be- 081°24′10″ W, thence to 31°07′22″ N, tween Saint Simons lighthouse and the 081°24′38″ W, thence to 31°07′40″ N, north end of Jekyll Island, in the vicin- 081°25′01″ W, thence to 31°08′07″ N, ity of green buoy #19. All coordinates 081°24′48″ W. All coordinates are North are North American Datum 1983 (NAD American Datum 1983 (NAD 83). 83). (b) Definition. As used in this section, (b) Definition. As used in this section, designated representative of the Captain ‘‘designated representative’’ means of the Port Savannah (COTP) is any Coast Guard Patrol Commanders, in- Coast Guard commissioned, warrant or cluding Coast Guard coxswains, petty petty officer, or Federal, State, local officers, and other officers operating agency, who has been designated by the Coast Guard vessels or aircraft, and COTP Savannah to assist in the patrol federal, state, and local officers des- or enforcement of the regulated area. ignated by or assisting the Captain of (c) Regulations. In addition to the the Port (COTP) Savannah in the en- general RNA regulations in § 165.13, the forcement of the regulated areas. regulations in paragraphs (c)(1) (c) Regulations. (1) No vessel is au- through (8) of this section apply to the thorized access within 150 yards of the RNA described in paragraph (a) of this M/V GOLDEN RAY, unless authorized section. by the Captain of the Port. (1) All vessels greater than 500 gross (2) Persons or vessels desiring to tons intending to transit through the enter, transit through, anchor in, or re- RNA must seek prior approval from the main within the safety zone may con- COTP Savannah at least 24-hours in ad- tact COTP Savannah by telephone at vance of the vessel’s arrival to, or de- (912) 652–4353, or a designated rep- parture from, the Port of Brunswick. resentative via VHF radio on channel The COTP Savannah can be contacted 16, to request authorization. If author- via telephone at 614–943–5532. The COTP ization to enter, transit through, an- Savannah’s designated representative chor in, or remain within the regulated can be contacted on VHF–FM radio area is granted by the COTP Savannah channel 13. Upon approval to enter the or a designated representative, all per- RNA, the COTP Savannah will provide sons and vessels receiving such author- an approved timeframe a vessel may ization must comply with the instruc- enter the RNA. tions of the COTP Savannah or a des- (2) Only one-way traffic is authorized ignated representative. within the RNA at all times. (3) The Coast Guard will provide ac- (3) All vessels greater than 500 gross tual notice of the regulated area by tons must obtain one assist tug while Local Notice to Mariners, Broadcast transiting within the RNA.

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(4) All vessels greater than 500 gross the causeway back to the shoreline on tons must check in with the designated Merritt Island at position 28°31′36″ N., representative via VHF–FM Channel 13 80°43′42″ W., then northwest along the prior to transiting within the RNA and shoreline to 28°41′01.2″ N., 80°47′10.2″ W. maintain communications with the (Blackpoint); then due north to chan- designated representative while nel marker #6 on the Intracoastal Wa- transiting through the RNA. terway (ICW), then northeast along the (5) While transiting within the RNA southern edge of the ICW to the west- all vessels greater than 500 gross tons ern entrance to the Haulover Canal. may not exceed a speed of 8 knots, un- From this point, the line continues less greater speeds are required to northeast along the southern edge of maintain bare steerage. the Haulover Canal to the eastern en- (6) Any vessel unable to meet these trance to the canal; then due east to a operating limitations may, upon show- point in the Atlantic Ocean 3 miles off- ing good cause, seek authorization shore at 28°44′42″ N., 80°37′51″ W.; then from the COTP Savannah to deviate south along a line 3 miles from the from the requirements in this section. coast to Wreck Buoy ‘‘WR6’’, then to (7) The operator of any vessel transiting in RNA must comply with Port Canaveral Channel Lighted Buoy all lawful directions given by the COTP 10, then west along the northern edge or the COTP’s designated representa- of the Port Canaveral Channel to the tive. northeast corner of the intersection of (8) The inland navigation rules in 33 the Cape Canaveral Barge Canal and CFR subchapter E remain in effect the ICW in the Banana River at within the RNA and must be followed 28°24′36″ N., 80°38′42″ W. The line con- at all times. tinues north along the east side of the Intracoastal Waterway to daymarker EFFECTIVE DATE NOTE: By USCG–2019–0803, ‘35’ thence North Westerly one quarter 84 FR 58053, Oct. 30, 2019, § 165.T07–0803 was revised, effective Oct. 30, 2019 through Jan. of a mile south of NASA Causeway 29, 2021. 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 launched by the United States Govern- for 1,300 yards; then due north to ment from Cape Canaveral. 28°28′42″ N., 80°40′30″ W., on Merritt Is- (c) COTP Jacksonville, Florida, land. From this position, the line pro- closes the security zone, or specific ceeds irregularly to the eastern shore- portions of it, by means of locally pro- line of the Indian River to a position 1,300 yards south of the NASA Cause- mulgated notices. The closing of the way at 28°30′54″ N., 80°43′42″ W. (the line area is signified by the display of a red from the barge canal to the eastern ball from a 90-foot pole near the shore- ° ′ ″ shoreline of the Indian River is marked line at approximately 28 35 00 N., ° ′ ″ by a three-strand barbed-wire fence), 80 34 36 W., and from a 90-foot pole then north along the shoreline of the near the shoreline at approximately ° ′ ″ ° ′ ″ Indian River to the NASA Causeway at 28 25 18 N., 80 35 00 W. Appropriate 28°31′30″ N., 80°43′48″ W. The line con- Local Notices to Mariners will also be tinues west on the southern shoreline broadcast on 2670 KHZ. of the NASA Causeway to NASA Gate 3 [CGD 79–034, 47 FR 29660, July 8, 1982, as (permanent), then north to the north- amended by CGD 7–82–10, 48 FR 11696, Mar. ern shoreline of the NASA Causeway 21, 1983; USCG–1998–3799, 63 FR 35532, June 30, and east on the northern shoreline of 1998]

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§ 165.703 Security Zones; Tampa Bay: tact the Sector Command Center after Big Bend, Boca Grande, Crystal hours at 727.824.7506. River, East Bay, Hillsborough Bay, (iv) Manbirtee Key, Port of Manatee, MacDill Air Force Base, Manbirtee FL. All waters, from surface to bottom, Key, Old Port Tampa, Port Manatee, surrounding, surrounding Manbirtee Port Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Key, Tampa Bay, FL extending 500 Weedon Island, FL. yards from the island’s shoreline, in all directions, not to include the Port (a) Regulated areas. The following Manatee Channel. areas, denoted by coordinates fixed (v) MacDill Air Force Base, Tampa using the North American Datum of Bay, FL. All waters encompassed with- 1983 (World Geodetic System 1984) are in the following coordinates: 27°51.88′ N, security zones: 082°29.31′ W; thence to 27°52.01′ N, (1) Security zones for facilities and 082°28.85′ W; thence to 27°51.48′ N, structures—(i) Rattlesnake, Tampa, FL. 082°28.17′ W; thence to 27°51.02′ N, All water, from surface to bottom, in 082°27.76′ W; thence to 27°50.72′ N, Old Tampa Bay east and south of the 082°27.61′ W; thence to 27°50.33′ N, waters encompassed within position ° ′ ° ′ 082°27.59′ W; thence to 27°49.65′ N, 27 53.32 N, 082 32.05 W; thence to ° ′ ° ′ 27°53.38′ N, 082°32.05′ W, including on 082 27.73 W; thence to 27 49.34 N, 082°27.79′ W; thence to 27°49.10′ N, land portions of Chemical Formulators ° ′ ° ′ Chlorine Facility, where the fenced 082 27.88 W; thence to 27 48.88 N, ° ′ ° ′ area is bounded by a line connecting 082 28.10 W; thence to 27 48.76 N, ° ′ ° ′ the following points: 27°53.21′ N, 082 28.54 W; thence to 27 48.87 N, ° ′ ° ′ 082°32.11′ W; thence to 27°53.22′ N, 082 29.44 W; thence to 27 49.06 N, ° ′ ° ′ 082°32.23′ W; thence to 27°53.25′ N, 082 30.39 W; thence to 27 48.75 N, ° ′ ° ′ 082°32.23′ W; thence to 27°53.25′ N, 082 31.17 W; thence to 27 49.16 N, ° ′ ° ′ 082°32.27′ W; thence to 27°53.29′ N, 082 32.41 W; thence to 27 49.64 N, ° ′ ° ′ 82°32.25′ W; thence to 27°53.30′ N, 082 33.04 W; thence to 27 49.95 N, ° ′ ° ′ 082°32.16′ W; thence to 27°53.21′ N, 082 32.75 W; thence to 27 50.09 N, ° ′ ° ′ 082°32.11′ W. 082 32.81 W; thence to 27 50.56 N, (ii) Old Port Tampa, Tampa, FL. All 082°32.75′ W; thence to 27°50.71′ N, waters, from surface to bottom, in Old 082°32.18′ W. Tampa Bay encompassed within the (vi) Piers, seawalls, and facilities, Port following points: 27°51.62′ N, 082°33.14′ of Tampa and Port Sutton, Tampa, FL. W; thence to 27°51.71′ N, 082°32.5′ W; All waters, from surface to bottom, ex- thence to 27°51.76′ N, 082°32.5′ W; thence tending 50 yards from the shore, sea- to 27°51.73′ N, 082°33.16′ W; thence to wall, and piers around facilities in Port 27°51.62′ N, 082°33.14′ W, closing off the Sutton within the Port of Tampa en- Old Port Tampa Channel. compassed by a line connecting the fol- (iii) Sunshine Skyway Bridge, FL. All lowing points: 27°54.15′ N, 082°26.06′ W; waters in Tampa Bay, from surface to thence to; 27°54.46′ N, 082°25.71′ W; clos- bottom, in Cut ‘‘A’’ channel beneath ing off all Port Sutton Channel. the bridge’s main span encompassed (vii) Piers, seawalls, and facilities, Port within the following points: 27°37.30′ N, of Tampa, on the western side of Hooker’s 082°39.38′ W; 27°37.13′ N, 082°39.26′ W; and Point, Tampa, FL. All waters, from sur- the bridge structure columns, base and face to bottom, extending 50 yards dolphins. This zone is specific to the from the shore, seawall, and piers bridge structure and dolphins and does around facilities on Hillsborough Bay not include waters adjacent to the northern portion of Cut ‘‘D’’ Channel, bridge columns or dolphins outside of Sparkman Channel, Ybor Turning the bridge’s main span. Any vessel may Basin, and Ybor Channel within the transit through this zone but, may not Port of Tampa encompassed by a line loiter, anchor, or conduct operations, connecting the following points: including dredging, dive operation, sur- 27°54.74′ N, 082°26.47′ W; thence to veying, or maintenance, unless other- 27°55.25′ N, 082°26.73′ W; thence to wise directed by the Captain of the 27°55.60′ N, 082°26.80′ W; thence to Port. Anyone wanting to conduct these 27°56.00′ N, 082°26.75′ W; thence to operations must submit a request via 27°56.58′ N, 082°26.53′ W; thence to email to [email protected] or con- 27°57.29′ N, 082°26.51′ W; thence to

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27°57.29′ N, 082°26.61′ W; thence to trance to Big Bend Power Facility and 27°56.65′ N, 082°26.63′ W; thence to the attached cooling canal. 27°56.58′ N, 082°26.69′ W; thence to (xii) Weedon Island Power Plant, FL. 27°56.53′ N, 082°26.90′ W. All waters of Tampa Bay, from surface (viii) St. Petersburg Harbor, FL. All to bottom, extending 50 yards from the waters, from surface to bottom, ex- shore, seawall and piers around the tending 50 yards from the seawall and Power Facility at Weedon Island en- around all moorings and vessels in St. compassed by the following points: Petersburg Harbor (Bayboro Harbor), 27°51.52′ N, 082°35.82′ W; thence along commencing on the north side of the the shore to; 27°51.54′ N, 082°35.78′ W; channel at day beacon ‘‘10’’ (LLNR thence to 27°51.89′ N, 082°35.82′ W; ° ′ 24995) in approximate position 27 45.56 thence to 27°51.89′ N, 082°36.14′ W, clos- ° ′ N, 082 37.55 W, and westward along the ing off the entrance to both canals. seawall to the end of the cruise ter- (2) Vessel specific security zones—(i) minal in approximate position 27°45.72′ Moving security zones for Cruise Ships N, 082°37.97′ W. The zone will also include the Coast Guard south moorings and vessels carrying Especially Hazardous in St. Petersburg Harbor. The zone will Cargos. The following security zones extend 50 yards around the piers com- and procedures are established for all mencing from approximate position waters, from surface to bottom, within 27°45.51′ N, 082°37.99′ W; to 27°45.52′ N, a 500-yard radius, as outlined below: 082°37.57′ W. The southern boundary of (A) For inbound vessels commencing the zone is shoreward of a line between at Egmont Channel Lighted Buoys ‘‘9’’ the entrance to Salt Creek easterly to- (LLNR 22270) and ‘‘10’’ (LLNR 22275) wards day beacon ‘‘11’’ (LLNR 24990). through to berth. (ix) Crystal River Nuclear Power Plant. (B) For shifting vessels from their de- All waters, from surface to bottom, parture berth to destination berth. around the FL, Power Crystal River (C) For outbound vessels commencing Nuclear Power Plant located at the end at berth through to Egmont Channel of the Florida Power Corporation Lighted Buoys ‘‘9’’ (LLNR 22270) and Channel, Crystal River, Florida, en- ‘‘10’’ (LLNR 22275). compassed by a line connecting the fol- (D) All subject vessels operating in lowing points: 28°56.87′ N, 082°45.17′ W; the Captain of the Port St. Petersburg thence to 28°57.37′ N, 082°41.92′ W; Zone shall follow the reporting require- thence to 28°56.79′ N, 082°45.13′ W; ments in 33 CFR part 160, subpart C. ° ′ ° ′ thence to 28 57.32 N, 082 41.92 W. (E) Any vessel desiring to enter or (x) Crystal River Demory Gap Channel. transit the security zone shall obtain All waters, from surface to bottom, in permission from the Captain of the the Demory Gap Channel in Crystal Port St. Petersburg or a designated River, Florida, encompassed by the fol- representative. If permission is grant- lowing points: 28°57.61′ N, 082°43.42′ W ° ′ ° ′ ed, all persons and vessels must comply thence to; 28 57.55 N, 082 41.88 W with any given instructions. thence to; 28°57.58′ N, 082°43.42′ W (ii) Fixed security zones for moored thence to; 28°57.51′ N, 082°41.88′ W. cruise ships and moored vessels carrying (xi) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface to especially hazardous cargos. A security bottom, adjacent to the Big Bend zone is established for all waters, from Power Facility, and within an area surface to bottom, within a 200-yard ra- bounded by the following points: dius around moored cruise ships and 27°48.08′ N, 082°24.88′ W; thence to moored vessels carrying especially haz- 27°48.15′ N, 082°24.96′ W; thence to; ardous cargos, as outlined below: 27°48.10′ N, 082°25.00′ W; thence to (A) All subject vessels operating in 27°47.85′ N, 082°25.03′ W; thence to the Captain of the Port St. Petersburg 27°47.58′ N, 082°24.89′ W; thence to Zone shall follow reporting require- 27°47.58′ N, 082°24.06′ W; thence to; ments in 33 CFR part 160, subpart C. 27°47.62′ N, 082°24.04′ W; thence to (B) Any vessel desiring to enter or 27°47.63′ N, 082°24.71′ W; thence to transit the security zone shall obtain 27°48.03′ N, 082°24.70′ W; thence to permission from the Captain of the 27°48.08′ N, 082°24.88′ W, closing off en- Port St. Petersburg or a designated

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representative. If permission is grant- particular amount and form that the ed, all persons and vessels must comply Secretary determines by regulation with any given instructions. poses a significant risk of creating a (C) No vessel may loiter, anchor, or transportation security incident while conduct maintenance operations with- being transported in maritime com- in the security zone, unless otherwise merce. directed by the Captain of the Port St. (c) Regulations. (1) Entry into or re- Petersburg or a designated representa- maining on or within the zones de- tive. This includes, but is not limited scribed in paragraph (a) of this section to dredging operations, dive oper- is prohibited unless authorized by the ations, and surveying. Anyone wanting Captain of the Port St. Petersburg or a to conduct these operations must sub- designated representative. mit a request via email to (2) Any changes to the requirements [email protected] or contact the for these regulated areas will be given Sector Command Center after hours at by Broadcast Notice to Mariners on 727.824.7506. VHF–FM Channel 22A. (b) Definitions. As used in this sec- NOTE TO § 165.703(c)(2): A graphical rep- tion: resentation of all fixed security zones will be Ammonium nitrate means ammonium made available through nautical charts via nitrate and ammonium nitrate based the Coast Pilot. fertilizers listed as Division 5.1 (oxi- (3) The Captain of Port St. Peters- dizing) materials as defined in 33 CFR burg has provisions for escorting espe- 172.101 except when carried as CDC res- cially hazardous cargos as described in idue. the above sections of this subchapter, Captain of the Port (COTP) for the but reserves the right to establish addi- purpose of this section means the Com- tional provisions for any potentially manding Officer of Coast Guard Sector hazardous cargos. St. Petersburg. (4) Enforcement. Under 33 CFR 165.33, Captain of the Port St. Petersburg Zone no person may authorize the operation as defined in 33 CFR 3.35–35. of a vessel in the security zones con- Certain dangerous cargo includes Divi- trary to the provisions of this section. sion 1.5D blasting agents for which a (d) The Captain of the Port St. Pe- permit is required under 49 CFR 176.415 tersburg may waive any of the require- or, for which a permit is required as a ments of this subpart for any vessel, fa- condition of Research and Special Pro- cility, or structure upon finding that grams Administration exemption. This the vessel or class of vessel, oper- includes ammonium nitrate fuel oil ational conditions, or other cir- mixture. cumstances are such that application Commercial vessels means any tank, of this subpart is unnecessary or im- bulk, container, cargo, cruise ships, practical for purposes of port safety pilot vessels, or tugs. This definition and security or environmental safety. excludes fishing vessels, salvage vessels, dead ship tow operations. [USCG–2013–0040, 79 FR 75056, Dec. 17, 2014] Cruise Ship means the same as defined 33 CFR 101.105. § 165.704 Safety Zone: Savannah River, Designated representative means Coast Savannah, Georgia. Guard Patrol Commanders including (a) Location. The following area is a Coast Guard coxswains, petty officers safety zone: Two hundred foot radius and other officers operating Coast around Garden City Terminal, approxi- Guard vessels, and federal, state, and mate position 32 degrees 8 minutes, N, local officers designated by or assisting 81 degrees 9.5 minutes W, and around the COTP, in the enforcement of regu- all cargo ships loaded with military lated navigation areas, safety zones, equipment and transiting the Savan- and security zones. nah River. Especially hazardous cargo means an- (b) Enforcement date. This regulation hydrous ammonia, ammonium nitrate, was enforceable beginning at 12 p.m. on chlorine, liquefied natural gas, lique- December 14, 1990. fied petroleum gas, and any other sub- (c) Regulation. In accordance with the stance, material, or group or class in a general regulations in § 165.23, entry

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into the zone is subject to the fol- 28°24′50.51″ N, 080°36′30.41″ W; thence lowing requirements. southeast to Point 5 in position (1) All persons and vessels in the vi- 28°24′38.15″ N, 080°36′17.18″ W; thence cinity of the safety zone shall imme- east to Point 6 in position 28°24′38.16″ N, diately obey any direction or order of 080°36′14.92″ W; thence northeast to the Captain of the Port or a represent- Point 7 in position 28°24′39.36″ N, ative of the Captain of the Port. 080°36′13.37″ W; thence following the (2) The ‘‘representative of the Cap- land based perimeter boundary to the tain of the Port’’ is any Coast Guard point of origin. These coordinates are commissioned, warrant or petty officer based on North American Datum 1983. who has been designated by the Cap- (b) Definitions. The term ‘‘designated tain of the Port, Savannah, GA to act representative’’ means personnel des- on his behalf. A representative of the ignated by or assisting the Captain of Captain of the Port may be contacted the Port (COTP) Jacksonville in the on board any Coast Guard vessel as- enforcement of the security zone. This signed to enforce the safety zone. includes Coast Guard Patrol Com- (3) Before entering the safety zone, a manders, Coast Guard coxswains, petty vessel operator shall contact the Cap- officers, and other officers operating tain of the Port or a representative of Coast Guard vessels and federal, state, the Captain of the Port to determine and local law officers designated by or what restrictions, if any, have been im- assisting the COTP Jacksonville in the posed on vessels in the safety zone. The enforcement of regulated navigation Captain of the Port may be contacted areas and security zones. by telephone via the Command Duty (c) Regulations. (1) The general regu- Officer at 912–652–4353. Coast Guard ves- lations governing security zones found sels assisting in the enforcement of the in § 165.33 apply to the security zones safety zone may be contacted on VHF– described in paragraph (a) of this sec- FM channels 13 or 16, or vessel operation. tors may determine restrictions in ef- (2) All persons and vessels are prohib- fect for the safety zone by coming ited from entering, transiting through, alongside a Coast Guard vessel patrol- anchoring in, or remaining within the ling the perimeter of the safety zone. security zone unless authorized by the (4) The Captain of the Port will issue COTP Jacksonville or a designated rep- a Marine Safety Information Broadcast resentative. Notice to Mariners to Notify the mari- (3) Persons desiring to enter, transit time community of the safety zone and through, anchor in, or remain within restrictions imposed. the security zone may request permission from the COTP Jacksonville by [USCG–2016–0498, 82 FR 35088, July 28, 2017] telephone at 904–714–7557, or a des- § 165.705 Security Zones: Port Canav- ignated representative via VHF–FM eral Harbor, Cape Canaveral Air radio on channel 16. If authorization is Force Station, FL. granted, all persons and vessels receiv- (a) Regulated areas—(1) Security Zone ing such authorization must comply A. East (Trident) Basin, Port Canaveral with the instructions of the COTP Harbor, at Cape Canaveral Air Force Jacksonville or the designated rep- Station, Brevard County, Florida: All resentative. waters of the East Basin north of lati- [USCG–2017–0146, 83 FR 15949, Apr. 13, 2018] tude 28°24′36″ N. (2) Security Zone B. Middle Basin, § 165.706 Safety Zone; Hurricanes, Port Canaveral Harbor, at Cape Canav- Tropical Storms and Other Disas- eral Air Force Station, Brevard Coun- ters in South Florida. ty, Florida: All waters within the fol- (a) Regulated Areas. All navigable lowing coordinates inside the Middle waters, as defined in 33 CFR 2.36, with- Basin: Starting at Point 1 in position in Sector Miami COTP zone, Miami, 28°24′54.49″ N, 080°36′39.13″ W; thence Florida, as described in 33 CFR 3.35–10, south to Point 2 in position 28°24′53.27″ during specified conditions. N, 080°36′39.15″ W; thence east to Point (b) Definitions. (1) The term ‘‘des- 3 in position 28°24′53.25″ N, 080°36′30.41″ ignated representative’’ means Coast W; thence south to Point 4 in position Guard Patrol Commanders, including

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Coast Guard coxswains, petty officers, tainers must not exceed four tiers, un- and other officers operating Coast less previously approved by the COTP. Guard vessels, and Federal, state, and Containers carrying hazardous mate- local officers designated by or assisting rials may not be stacked above the sec- the COTP Miami, in the enforcement of ond tier. All oceangoing commercial the regulated areas. vessels greater than 500-gross tons (2) Port Condition WHISKEY means a must prepare to depart ports and an- condition set by the COTP when weath- chorages within the affected regulated er advisories indicate sustained trop- area. These vessels shall depart imme- ical storm force winds from a tropical diately upon the setting of Port Condi- or hurricane force storm are predicted tion YANKEE. During this condition, to make landfall at the port within 72 slow-moving vessels may be ordered to hours. depart to ensure safe avoidance of the (3) Port Condition X-RAY means a incoming storm. Vessels that are un- condition set by the COTP when weath- able to depart the port must contact er advisories indicate sustained trop- the COTP to request and receive per- ical storm force winds from a tropical mission to remain in port. Vessels with or hurricane force storm are predicted COTP’s permission to remain in port to make landfall at the port within 48 must implement their pre-approved hours. mooring arrangement. Terminal opera- (4) Port Condition YANKEE means a tors shall prepare to terminate all condition set by the COTP when weath- cargo operations. The COTP may re- er advisories indicate that sustained quire additional precautions to ensure tropical storm force winds from a trop- the safety of the ports and waterways. ical or hurricane force storm are pre- (3) Port Condition YANKEE. Affected dicted to make landfall at the port ports would be closed to inbound vessel within 24 hours. traffic. All oceangoing commercial ves- (5) Port Condition ZULU means a sels greater than 500-gross tons must condition set by the COTP when weath- have departed designated ports within er advisories indicate that sustained the Sector Miami COTP zone. Appro- tropical storm force winds from a trop- priate container stacking protocol ical or hurricane force storm are pre- must be completed. Terminal operators dicted to make landfall at the port must terminate all cargo operations within 12 hours. not associated with storm prepara- (c) Regulations—(1) Port Condition tions. Cargo operations associated with WHISKEY. All vessel and port facilities storm preparations include moving must exercise due diligence in prepara- cargo within or off the port for secur- tion for potential storm impacts. Slow- ing purposes, crane and other port/fa- moving vessels may be ordered to de- cility equipment preparations, and part to ensure safe avoidance of the in- similar activities, but do not include coming storm upon the anticipation of moving cargo onto the port or vessel the setting of Port Condition X-RAY. loading/discharging operations unless Ports and waterfront facilities shall specifically authorized by the COTP. begin removing all debris and securing All facilities shall continue to operate potential flying hazards. Container in accordance with approved Facility stacking plans shall be implemented. Security Plans and comply with the re- Waterfront facilities that are unable to quirements of the Maritime Transpor- reduce container-stacking height to no tation Security Act (MTSA). more than four high must submit a (4) Port Condition ZULU. All port wa- container stacking protocol to the terfront operations are suspended, ex- COTP. cept final preparations that are ex- (2) Port Condition X-RAY. All vessels pressly permitted by the COTP as nec- and port facilities shall ensure that po- essary to ensure the safety of the ports tential flying debris is removed or se- and facilities. Coast Guard Port Assess- cured. Hazardous materials/pollution ment Teams will conduct final port as- hazards must be secured in a safe man- sessments. ner and away from waterfront areas. (5) Emergency Restrictions for Other Facilities shall continue to implement Disasters. Any natural or other disas- container-stacking protocol. Con- ters that are anticipated to affect the

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Sector Miami COTP zone will result in Radio, Channel 16 (156.8 MHz), or Ma- the prohibition of facility operations rine Safety Information Bulletins, or and commercial vessel traffic actual notice from on scene security transiting or remaining in the affected assets enforcing the security zone. port. (c) Regulations. During enforcement [USCG–2016–1067, 85 FR 13522, Mar. 9, 2020] of the security zone described in paragraph (a) of this section, vessels or per- § 165.708 Safety/Security Zone; sons are prohibited from entering, Charleston Harbor and Cooper transiting, mooring, anchoring, or loi- River, Charleston, SC. tering within the security zone unless (a) Regulated area. The following authorized by the Captain of the Port boundaries are established as a safety Charleston, South Carolina or his or and security zone during specified con- her designated representative. ditions: (1) Persons desiring to transit the (1) All waters 200 yards ahead and Regulated Area may contact the Cap- astern and 100 yards to each side of a tain of the Port via VHF-FM channel vessel transporting nuclear materials 16 or by telephone at (843) 720–3240 and while the vessel transits from Charles- request permission to transit the secu- ton Harbor Entrance approximate posi- rity zone. tion (32°37.1′ N., 079°35.5′ W.) 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 vessel described in paragraph (a)(1) of [COTP Charleston 05–037, 70 FR 43282, July this section while the vessel is con- 27, 2005] ducting cargo operations at the § 165.711 Safety Zone: Port Everglades, Charleston Naval Weapons Station. Fort Lauderdale, FL. (b) Captain of the Port Charleston will announce the activation of the (a) Regulated area. A moving safety safety/security zones described in para- zone is established in the following graph (a) of this section by Broadcast area: Notice to Mariners. The general regula- (1) The waters around naval aircraft tions governing safety and security carriers entering Port Everglades in an zones contained in §§ 165.23 and 165.33 area 700 yards forward, 500 yards astern apply. and 350 yards on either side of each vessel, beginning at the Port Everglades [COTP Charleston 96–034, 61 FR 68156, Dec. 27, Sea Buoy in approximate position 1996, as amended by USCG–2015–0433, 80 FR ° ′ ° ′ 44286, July 27, 2015] 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

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a Coast Guard commissioned, warrant, (1) Fernandina, FL. All waters within or petty officer designated by him. the Cumberland Sound and Amelia (2) Vessels encountering emergencies River encompassed within the fol- which require transit through the mov- lowing locations: starting at the de- ing safety zone should contact the marcation line drawn across the sea- Coast Guard patrol craft on VHF Chan- ward extremity of the St. Marys River nel 16. In the event of an emergency, Entrance Jetties; thence following the the Coast Guard patrol craft may au- shoreline north to Stafford Island; thorize a vessel to transit through the thence north to Point 1 in position safety zone with a Coast Guard des- 30°50’00″ N., 81°29′10″ W.; thence west to ignated escort. Point 2 in position 30°50′00″ N., 81°30′47″ (3) All persons and vessels shall com- W.; thence southwest to Kings Bay in ply with the instructions of on-scene position 30°48′42″ N., 81°31′27″ W.; thence patrol personnel. On-scene patrol per- south following the shoreline south to sonnel include commissioned, warrant, point 3 in position 30°40′30″ N., 81°28′38″ or petty officers of the U.S. Coast W.; thence southwest to R ‘‘18’’ at Guard. Coast Guard Auxiliary and local Point 4 30°39′57″ N., 81°29′04″ W.; thence or state officials may be present to in- southeast to Point 5 30°39′48″ N., form vessel operators of this regulation 81°28′57″ W.; thence following the shore- and other applicable laws. line northeast back to origin. (2) Jacksonville, FL. All waters within [COTP MIAMI 96–054, 62 FR 32201, June 13, the Port of Jacksonville, FL encom- 1997] passed within the following locations: § 165.714 Regulated Navigation Area; starting at the demarcation line drawn Atlantic Ocean, Charleston, SC. across the seaward extremity of the St. Johns River Entrance Jetties, thence (a) Location. The following area is a following the northern riverbank west Regulated Navigation Area: A trape- to the Sister’s Creek Bridge, thence zoid at the water surface, and the en- following the riverbank west to the tire water column from surface to sea- Interstate 95 Trout River Bridge, bed inclusive of the vessel, bounded by thence following the riverbank south the following four coordinates: to the Henry H. Buckman Bridge, Latitude Longitude thence following the eastern riverbank back to origin. Western 32°42′56″ N 79°47′34″ W (3) Canaveral, FL. All waters within boundary. the Canaveral Barge Canal in Port Ca- Southern 32°42′32″ N 79°46′42″ W boundary. naveral, FL encompassed within the Eastern 32°43′26″ N 79°45′27″ W following locations: starting at the de- boundary. marcation line drawn across the sea- Northern 32°43′56″ N 79°46′08″ W ward extremity of the Port Canaveral boundary. Entrance Channel Jetties, thence following the northern shoreline west to (NAD 83) the SR401 Bridge, thence following the (b) Regulations. In accordance with southern shoreline back to origin. the general regulations in § 165.23 of (4) All coordinates are North Amer- this part, all vessels and persons are ican Datum 1983. prohibited from anchoring, diving, lay- (b) Definition. (1) The term ‘‘des- ing cable or conducting salvage oper- ignated representative’’ means Coast ations in this zone except as authorized Guard Patrol Commanders, including by the Captain of the Port. Coast Guard coxswains, petty officers, [CGD 07–95–054, 60 FR 45047, Aug. 30, 1995] and other officers operating Coast Guard vessels, and Federal, state, and § 165.720 Safety Zone; natural and local officers designated by or assisting other disasters in Ports of Jackson- the Captain of the Port Jacksonville in ville, Fernandina, and Canaveral, the enforcement of the regulated area. Florida. (2) Hurricane Port Condition YANKEE. (a) Regulated areas. The following Set when weather advisories indicate areas are established as safety zones that sustained Gale Force winds from a during the specified conditions: tropical or hurricane force storm are

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predicted to make landfall at the port ville via telephone at (904) 564–7513, or a within 24 hours. designated representative via VHF (3) Hurricane Port Condition ZULU. radio on channel 16, to request author- Set when weather advisories indicate ization. If authorization to enter, tran- that sustained Gale Force winds from a sit through, anchor in, or remain in the Tropical or hurricane force storm are regulated area is granted by the Cap- predicted to make landfall at the port tain of the Port Jacksonville or a des- within 12 hours. ignated representative, all persons and (c) Regulations. (1) Hurricane Port Con- vessels receiving such authorization dition YANKEE. All commercial, ocean- must comply with the instructions of going vessels and barges over 500 GRT the Captain of the Port Jacksonville or as measured under Title 46 United a designated representative. States Code Section 14502 or an alter- (5) Coast Guard Sector Jacksonville nate tonnage established as 6,000 gross will attempt to notify the maritime tonnage as measured under 46 U.S.C. community of periods during which 14302 (GT ITC) are prohibited from en- these safety zones will be in effect via tering in any of the regulated areas Broadcast Notice to Mariners or by on- designated as being in Port Condition scene designated representatives. YANKEE within the COTP Zone Jack- [USCG–2014–0152, 80 FR 11129, Mar. 2, 2015] sonville. Oceangoing commercial vessel traffic outbound will be authorized to § 165.721 Safety Zone: St. Johns River, transit through the regulated areas Jacksonville, FL. until Port Condition ZULU. Addition- (a) Location. The following area is es- ally, in the Port of Canaveral, no ves- tablished as a safety zone during the sel, regardless of size or service, will be specified conditions: The waters within allowed to transit through the Port Ca- a 500 yard radius of the fireworks barge naveral Barge Canal upon the setting or barges during the storage, prepara- of Port Condition YANKEE. tion, and launching of fireworks in the (2) Hurricane Port Condition ZULU. St. Johns River between the Hart and All commercial, oceangoing vessels and Acosta Bridges. barges over 500 GRT as measured under (b) This section be- Title 46 United States Code Section Effective dates. comes effective upon activation by the 14502 or an alternate tonnage estab- Captain of the Port by the broad- lished as 6,000 gross tonnage as meas- casting of a local Notice to Mariners on ured under 46 U.S.C. 14302 (GT ITC) are appropriate VHF-FM radio frequencies. prohibited from transiting or remain- It terminates at the conclusion of the ing in any of the regulated areas des- fireworks display unless terminated ignated as being in Port Condition earlier by the Captain of the Port. ZULU within COTP Zone Jacksonville. All ship-to-shore cargo operations (c) Regulations. (1) In accordance with must cease 6 hours prior to setting the general regulations in 165.23 of this Port Condition Zulu. part, anchoring, mooring or transiting (3) Emergency regulation for other dis- in this zone is prohibited unless au- asters. Any natural or other disasters thorized by the Captain of the Port or that are to affect the Jacksonville District Commander. COTP Zone will result in the prohibi- (2) This regulation does not apply to tion of commercial vessel traffic over authorized law enforcement agencies 500 GRT as measured under Title 46 operating within the Safety Zone. United States Code Section 14502 or an [COTP Jacksonville Reg. 94–027, 59 FR 55584, alternate tonnage established as 6,000 Nov. 8, 1994] gross tonnage as measured under 46 U.S.C. 14302 (GT ITC) transiting or re- § 165.722 Security Zone: St. Johns maining in any of the regulated areas River, Jacksonville, Florida. predicted to be effected as designated (a) Location. The water located with- by the COTP Jacksonville. in the following area is established as a (4) Persons and vessels desiring to security zone: beginning at the shore- enter, transit through, anchor in, or re- line of the St. Johns River at the main in the regulated area may con- northernmost property line of Naval tact the Captain of the Port Jackson- Air Station Jacksonville next to

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Timuquana Country Club, at 30°14′39.5″ the event, and those regulations will N, 81°40′45″ W; thence northeasterly to supersede the regulations in this rule. 30°14′42″ N, 81°40′42″ W; thence south re- (2) All coordinates are North Amer- maining 400 feet from the shoreline at ican Datum 1983. mean high water; thence past Piney (b) Definition. The term ‘‘designated Point and Black Point to the northern representative’’ means Coast Guard Pa- edge of Mulberry Cover Manatee ref- trol Commanders, including Coast uge, 400 feet from Naval Air Station Guard coxswains, petty officers, and Jacksonville boat ramp, at 30°13′00″ N, other officers operating Coast Guard 81°40′23.5″ W; thence southwesterly in a vessels, and Federal, state, and local straight line to position 30°12′14″ N, officers designated by or assisting the 81°40′42″ W; thence southerly, remain- Captain of the Port Jacksonville in the ing 400′ seaward of the mean high water enforcement of the regulated area. shoreline to 30°11′40″ N, 81°41′15.5″ W; (c) Regulations. (1) All persons and thence northwest to the point at the vessels are prohibited from entering, end of the property line of Naval Air transiting through, anchoring in, or re- Station Jacksonville just north of the maining within the regulated area un- Buckman Bridge at position 30°11′42.30″ less authorized by the Coast Guard N, 81°41′23.66″ W; thence northeasterly Captain of the Port Jacksonville or a along the mean high water shoreline of designated representative. the St. Johns River and Mulberry Cove (2) Persons and vessels desiring to to the point of beginning. Datum: NAD enter, transit through, anchor in, or re- 83 main in the regulated area may con- (b) In accordance with the general tact the Captain of the Port Jackson- regulations in § 165.33 of this part, no ville via telephone at (904) 564–7513, or a person or vessel may enter or remain designated representative via VHF in the zone without the permission of radio on channel 16, to request author- the Captain of the Port Jacksonville, ization. If authorization to enter, tran- Florida. All other portions of § 165.33 sit through, anchor in, or remain in the remain applicable. regulated area is granted by the Cap- (c) This regulation does not apply to tain of the Port Jacksonville or a des- Coast Guard vessels and authorized law ignated representative, all persons and enforcement vessels operating within vessels receiving such authorization the Security Zone. must comply with the instructions of the Captain of the Port Jacksonville or [COTP Jacksonville Reg. 93–115, 60 FR 65571, a designated representative. Dec. 20, 1995] (3) The Coast Guard will provide no- § 165.723 Safety Zone; Firework Dis- tice of the regulated area via Broadcast plays in Captain of the Port Zone Notice to Mariners or by on-scene des- Jacksonville, Florida. ignated representatives. (a) Regulated area. The following area (4) This regulation does not apply to is established as a safety zone during authorized law enforcement agencies the specified conditions: All waters operating within the regulated area. within the Jacksonville COTP Zone [USCG–2014–0152, 80 FR 11130, Mar. 2, 2015] within a 500 yard radius of a firework barge or barges during the storage, § 165.726 Regulated Navigation Areas; preparation, and launching of fire- Miami River, Miami, Florida. works. (a) Location. The following are Regu- (1) The Coast Guard realizes that lated Navigation Areas: some large scale events, such as those (1) All the waters of the Miami River, with many participants or spectators, Miami, Florida, from the Brickell Ave- or those that could severely restrict nue Bridge, in approximate position navigation or pose a significant hazard, 25°46′19″ N, 80°11′4″ W, inland to the may still require separate special local South Florida Water Management Dis- regulations or safety zones that ad- trict’s salinity dam in approximate po- dress the specific peculiarities of the sition 25°48′4″ N, 80°15′6″ W. event. In those situations, the Coast (2) The Tamiami Canal from its Guard will create special local regula- intersection with the Miami river in tions or safety zones specifically for approximate position 25°47′7″ N, 80°14′7″

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W to the N.W. 37th Avenue bridge in are established as safety zones during approximate position 25°48′5″ N, 80°15′5″ the specified conditions: W. All coordinates referenced use (1) Zone A. 200 yards in all directions datum: NAD 83. around any specified Maritime (b) Regulations. The restrictions in Prepositioned Ship as it transits be- this paragraph apply to vessels oper- tween the St. Johns River entrance sea ating within the regulated navigation buoy (STJ) and its berth inside the areas in paragraph (a) of this section Mayport Basin (Ribault Bay), Mayport, unless authorized to deviate by the Florida. The prescribed safety zone will Captain of the Port, Miami, Florida, or also be in effect as the vessel transits a Coast Guard commissioned, warrant, to its berth at Blount Island Marine or petty officer designated by him. (1) All rafted vessels (inboard and Terminal, Jacksonville, Florida. outboard) must be properly moored in (2) Zone B. 100 yards in all directions accordance with applicable municipal on land and 200 yards on water from laws and regulations. the eastern end of Transit Shed #2 to (2) At no time shall any vessels be the east shore of Alligator Creek at rafted more than two abreast. Blount Island Terminal, Jacksonville, (3) Neither single nor rafted vessels Florida. shall extend greater than 54 feet into (3) Zone C: 100 yards in all directions the main river (measured from the on land from Gate berth #1 and all dock) without permission of the Cap- waters within the Back River (locally tain of the Port. known as the Gate Slip) on Blount Is- (4) A minimum channel width of 65 land, Jacksonville, Florida, com- feet shall be maintained at all times on mencing from a line drawn between the the Miami River from the Brickell Av- southwesterly most shore point lati- enue Bridge west to the Tamiami tude 30°23′34″, longitude 81°30′52″ and Canal. A minimum channel width of 45 the southeasterly most shore point feet shall be maintained at all times on latitude 30°23′38″, longitude 81°30′36″. the Miami River west of the junction of (b) The areas described in paragraph the Miami River and the Tamiami Canal to the South Florida Water Man- (a) of this section may be closed to all agement District’s salinity dam, as vessels and persons, except those ves- well as on the Tamiami Canal from its sels and persons authorized by the mouth to the N.W. 37th Avenue Bridge. Commander, Seventh Coast Guard Dis- (5) All moored and rafted vessels trict or the Captain of the Port, Jack- shall provide safe access from the sonville, Florida, whenever specified shore. Maritime Prepositioned Ships are (6) All moored and rafted vessels transiting the St. Johns River (Zone shall provide clear and ready access for A), moored at Blount Island (Zone B), land-based firefighters to safely and or moored at Gate Terminal (Zone C). quickly reach outboard rafted vessels. (c) The general regulations governing (7) No vessels shall moor or raft in safety zones contained in 33 CFR 165.23 any manner as to impede safe passage apply. of another vessel to any of the tribu- (d) The Captain of the Port Jackson- taries of the Miami River. ville, Florida will activate the safety (8) Nothing in these regulations shall zones or specific portions of them by prohibit the U.S. Army Corps of Engi- issuing a local broadcast notice to neers from requiring the relocation or mariners. The closing of the area at movement of vessels in a declared flood Blount Island, described above, will be emergency. signified by the display of a rotating [CGD07–97–019, 62 FR 50512, Sept. 26, 1997, as yellow light located on the waterfront amended by USCG–2018–0533, 85 FR 8173, Feb. at Blount Island Marine Terminal or at 13, 2020] the Gate Terminal Berth #1. § 165.728 Jacksonville, Florida—safety [CGD7 87–15, 52 FR 23442, June 22, 1987, as zones. amended by CGD7 91–33, 56 FR 22826, May 17, (a) The water, land, and land and 1991] water within the following boundaries

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§ 165.729 Jacksonville Harbor, Flor- at Blount Island Marine Terminal or at ida—security zone. the Gate Terminal Berth #1. (a) The water, land, and land and [CGD7 87–16, 52 FR 23443, June 22, 1987, as water within the following boundaries amended by CGD7 91–34, 56 FR 22827, May 17, are established as security zones dur- 1991] ing the specified conditions: § 165.730 King’s Bay, Georgia—Regu- (1) Zone A. 200 yards in all directions lated navigation area. around any specified Maritime Vessels transiting in the water Prepositioned Ship as it transits be- bounded by the line connecting the fol- tween the St. Johns River entrance sea lowing points must travel no faster buoy (STJ) and its berth inside the than needed for steerageway: Mayport Naval Basin (Ribault Bay), Latitude Longtitude Mayport, Florida. The prescribed secu- 30°48′00.0″ N 081°29′24.0″ W rity zone will also be in effect as the 30°46′19.5″ N 081°29′17.0″ W vessel transits to its berth at Blount 30°47′35.0″ N 081°30′16.5″ W Island Marine Terminal, Jacksonville, and thence to the point of beginning Florida. [CGD7 92–41, 58 FR 38057, July 15, 1993] (2) Zone B. 100 yards in all directions on land and 200 yards on water from § 165.731 Security Zone: Cumberland the eastern end of Transit Shed #2 to Sound, Georgia. the east shore of Alligator Creek at (a) Definition. The term ‘‘designated Blount Island Terminal, Jacksonville, representative’’ means Coast Guard Pa- Florida. trol Commanders, including Coast (3) Zone C: 100 yards in all directions Guard coxswains, petty officers, and on land from Gate berth #1 and all other officers operating Coast Guard waters within the Back River (locally vessels, and Federal, state, and local known as the Gate Slip) on Blount Is- officers designated by or assisting the land, Jacksonville, Florida, com- Captain of the Port (COTP) Jackson- ville, Florida, in the enforcement of mencing from a line drawn between the the regulated areas. southwesterly most shore point lati- (b) Location. A permanent security ° ′ ″ ° ′ ″ tude 30 23 34 , longitude 81 30 52 and zone is established within the following the southeasterly most shore point coordinates, the area enclosed by a line latitude 30°23′38″, longitude 81°30′36″. starting at 30°44′55″ N., 081°29′39″ W.; (b) The areas described in paragraph thence to 30°44′55″ N., 081°29′18″ W.; (a) of this section shall be closed to all thence to 30°46′35″ N., 081°29′18″ W.; vessels and persons, except those ves- thence to 30°47′02″ N., 081°29′34″ W.; sels and persons authorized by the thence to 30°47′21″ N., 081°29′39″ W.; Commander, Seventh Coast Guard Dis- thence to 30°48′00″ N., 081°29′42″ W.; trict or the Captain of the Port, Jack- thence to 30°49′07″ N., 081°29′56″ W.; sonville, Florida, whenever specified thence to 30°49′55″ N., 081°30′35″ W.; Maritime Prepositioned Ships are thence to 30°50′15″ N., 081°31′08″ W.; transiting the St. Johns River (Zone thence to 30°50′14″ N., 081°31′30″ W.; ° ′ ″ ° ′ ″ A), moored at Blount Island (Zone B), thence to 30 49 58 N., 081 31 45 W.; ° ′ ″ ° ′ ″ or moored at Gate Terminal (Zone C). thence to 30 49 58 N., 081 32 03 W.; thence to 30°50′12″ N., 081°32′17″ W.; (c) The general regulations governing thence following the land based perim- security zones contained in 33 CFR eter boundary to the point of origin. 165.33 apply. (c) Regulations. (1) No person or vessel (d) The Captain of the Port Jackson- may enter or remain within the secu- ville, Florida will activate the security rity zone without the permission of the zones or specific portions of them by COTP Jacksonville or designated rep- issuing a local broadcast notice to resentative. mariners. The closing of the area at (2) All persons and vessels authorized Blount Island, described above, will be to enter the security zone shall imme- signified by the display of a rotating diately obey any direction or order of yellow light located on the waterfront the COTP Jacksonville or designated representative.

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(3) This regulation does not apply to State, and local officers designated by persons or vessels operating under the or assisting the COTP, in the enforce- authority of the United States Navy or ment of the security zone. to authorized law enforcement agen- Escorted vessel means a vessel, other cies. than a large U.S. naval vessel as de- [USCG–2016–0032, 82 FR 13967, Mar. 16, 2017] fined in 33 CFR 165.2015, that is accompanied by one or more Coast Guard as- § 165.732 Escorted Submarines Sector sets or other Federal, State or local Jacksonville Captain of the Port law enforcement agency assets clearly Zone. identifiable by lights, vessel markings, (a) Location. The following areas are or with agency insignia as listed below: regulated navigation areas (RNA) (1) Coast Guard surface or air asset whenever any Navy submarine (foreign displaying the Coast Guard insignia. or domestic) is being escorted by the (2) State and/or local law enforce- Coast Guard within the Sector Jack- ment asset displaying the applicable sonville Captain of the Port Zone terri- agency markings and/or equipment as- torial seas: sociated with the agency. (1) All waters within 1 nautical mile (3) When escorted vessels are moored, of any Navy submarine operating with- dayboards or other visual indications in the Sector Jacksonville Captain of such as lights or buoys may be used. In the Port Zone territorial seas; and all cases, broadcast notice to mariners (2) All waters within 1 nautical mile will be issued to advise mariners of of the charted center of the navigation these restrictions. channel from the southern tip of Crab Minimum safe speed means the speed Island in the Cumberland Sound, Geor- at which a vessel proceeds when it is gia, to the St. Marys Entrance Channel fully off plane, completely settled in and its approach extending eastward to the water and not creating excessive lighted buoy ‘‘STM.’’ wake. Due to the different speeds at (b) Regulations. All persons and ves- which vessels of different sizes and con- sels located within a RNA created by figurations may travel while in compli- paragraph (a) shall follow all lawful or- ance with this definition, no specific ders and/or directions given to them by speed is assigned to minimum safe designated Coast Guard representa- speed. In no instance should minimum tives. 33 CFR 165, subpart B, contains safe speed be interpreted as a speed less additional provisions applicable to the than that required for a particular ves- RNA created in paragraph (a) of this sel to maintain steerageway. A vessel section. is not proceeding at minimum safe (c) Notification. The Coast Guard es- speed if it is: cort will attempt, when necessary and (1) On a plane; practicable, to notify any persons or (2) In the process of coming up onto vessels inside or approaching the vicin- or coming off a plane; or ity of a RNA created in paragraph (a) (3) Creating an excessive wake. of this section of its existence via VHF (b) Regulated area. All navigable Channel 16 and/or any other means rea- waters, as defined in 33 CFR 2.36, with- sonably available. in the Captain of the Port Zone, Savan- [USCG–2016–0032, 82 FR 13967, Mar. 16, 2017] nah, Georgia 33 CFR 3.35–15. (c) Security zone. A 300-yard security § 165.749 Security Zone: Escorted Ves- zone is established around each es- sels, Savannah, Georgia, Captain of corted vessel within the regulated area the Port Zone. described in paragraph (b) of this sec- (a) Definitions. The following 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 Sa- and becomes a fixed zone when the es- vannah, GA. corted vessel is anchored or moored. A Designated representatives means security zone will not extend beyond Coast Guard Patrol Commanders in- the boundary of the regulated area in cluding Coast Guard coxswains, petty this section. officers and other officers operating (d) Regulations. (1) The general regu- Coast Guard vessels, and Federal, lations for security zones contained in

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§ 165.33 of this part apply to this sec- 080[deg]59.35′ West, and continues west tion. along the North and South shoreline of (2) A vessel may request the permis- the mooring slip to the shoreline of the sion of the COTP Savannah or a des- right descending bank of the Savannah ignated representative to enter the se- River. All marine traffic is prohibited curity zone described in paragraph (c) from entering this zone unless author- of this section. If permitted to enter ized by the Captain of the Port (COTP). the security zone, a vessel must pro- (b) Applicability. This section applies ceed at the minimum safe speed and to all vessels including naval and other must comply with the orders of the public vessels, except vessels that are COTP or a designated representative. engaged in the following operations: No vessel or person may enter the (1) Law enforcement, security, or inner 50-yard portion of the security search and rescue; zone closest to the vessel. (2) Servicing aids to navigation; (e) Notice of security zone. The COTP (3) Surveying, maintenance, or im- will inform the public of the existence provement of waters in the security or status of the security zones around zone; or escorted vessels in the regulated area (4) Actively engaged in escort, ma- by Broadcast Notice to Mariners. Coast neuvering, or support duties for an Guard assets or other Federal, State or LNG tankship. local law enforcement agency assets will be clearly identified by lights, ves- (c) Regulations. In accordance with sel markings, or with agency insignia. the general regulations in § 165.33 of When escorted vessels are moored, this part, entry into or movement dayboards or other visual indications within this zone is prohibited unless such as lights or buoys may be used. authorized by the Captain of the Port (f) Contact information. The COTP Sa- Savannah or vessels engaged in activi- vannah may be reached via phone at ties defined in paragraph (b). (912) 652–4353. Any on scene Coast (d) Reporting of violations. Violations Guard or designated representative as- of this section should be reported to sets may be reached via VHF–FM chan- the Captain of the Port, Savannah, at nel 16. (912) 652–4353. [USCG–2007–0157, 73 FR 37837, July 2, 2008] [COTP SAVANNAH 06–160, 72 FR 27246, May 15, 2007] § 165.751 Security Zone: LNG mooring slip, Savannah River, Savannah, § 165.752 Sparkman Channel, Tampa, Georgia. Florida—regulated navigation area. (a) Security zone. The following area (a) A regulated navigation area is es- is a security zone: All the waters from tablished to protect vessels from lim- surface to bottom of the northeastern ited water depth in Sparkman Channel most mooring dolphin located at ap- caused by an underwater pipeline. The proximately 32[deg]05.01′ North, regulated navigation area is in 080[deg]59.38′ West, to the southeastern Sparkman Channel between the lines most mooring dolphin located at ap- connecting the following points (ref- proximately 32[deg]04.79′ North, 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 (c) Vessels having a draft of more pilotage shall not meet or overtake than 35.5 feet may not transit other like vessels in Sparkman Chan- Sparkman Channel. nel. (d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may transit Sparkman Channel only when the tide

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is at least one foot above mean low (COLREGS and their associated An- water. nexes and Inland Navigation Rules (33 (e) Vessels with a draft of 30 feet or CFR subchapter E)), as applicable, or greater shall transit as near as possible relieve the Master or person in charge to the center of the channel. of the vessel of responsibility for the safe navigation of the vessel. [CGD7 90–52, 56 FR 36005, July 30, 1991, as amended by USCG–1998–3799, 63 FR 35532, [CGD07–94–094, 60 FR 58519, Nov. 28, 1995, as June 30, 1998] amended by USCG–2005–21869, 80 FR 5336, Jan. 30, 2015 ; USCG–2015–0433, 80 FR 44286, § 165.753 Regulated navigation area; July 27, 2015] Tampa Bay, Florida. (a) The following is a regulated navi- § 165.754 Safety Zone; San Juan Har- gation area (RNA): All the navigable bor, San Juan, PR. waters of Tampa Bay, Hillsborough (a) Regulated area. A moving safety Bay and Old Tampa Bay, including all zone is established in the following navigable waterways tributary thereto. area: Also included are the waters of Egmont (1) The waters around liquefied gas Channel, Gulf of Mexico from Tampa (LG) carriers entering San Juan Harbor Bay, Tampa Bay Entrance, approxi- in an area one half mile around each mate position (27°35.3′ N., 079°35.5′ W.). vessel, beginning one mile north of the (b) The master, pilot, or person in Bahia de San Juan Lighted Buoy #3, in charge of any vessel of 50 meters or approximate position 18°28′17.8″ N, greater shall give a Navigational Advi- 066°07′36.4″ W and continuing until the sory Broadcast in accordance with 47 vessel is moored at the Puma Energy CFR 80.331 on VHF-FM channel 13 at dock, Catan˜ o Oil dock, or Wharf B in the following broadcast/reporting approximate position 18°25′47″ N, points: 066°6′32″ W. All coordinates are North (1) Prior to getting underway from American Datum 1983. any berth or anchorage; (2) The waters around LG carriers in (2) Prior to entering Egmont Channel a 50-yard radius around each vessel from seaward; when moored at the Puma Energy (3) Prior to passing Egmont Key in dock, Catan˜ o Oil dock, or Wharf B. any direction; (3) The waters around LG carriers de- (4) Prior to transiting the Skyway parting San Juan Harbor in an area one Bridge in either direction; half mile around each vessel beginning (5) Prior to transiting the intersec- at the Puma Energy Dock, Catan˜ o Oil tion of Tampa Bay Cut F Channel, dock, or Wharf B in approximate posi- Tampa Bay Cut G Channel, and Gads- tion 18°25′47″ N, 066°6′32″ W when the den Point Cut Channel; vessel gets underway, and continuing (6) Prior to anchoring or approaching until the stern passes the Bahia de San a berth for docking; Juan Lighted Buoy #3, in approximate (7) Prior to tending hawser; position 18°28′17.8″ N, 066°07′36.4″ W. All (8) Prior to transiting Point Pinellas coordinates referenced use datum: NAD Channel Light 1 in either direction. 83. (c) Each Navigational Advisory re- (b) Regulations. (1) No person or ves- quired by this section shall be made in sel may enter, transit or remain in the the English language and will contain safety zone unless authorized by the the following information: Captain of the Port (COTP), San Juan, (1) The words ‘‘Hello all vessels, a Puerto Rico, or a designated Coast Navigational Advisory follows’’; Guard commissioned, warrant, or petty (2) Name of vessel; officer. Those operating in the safety (3) If engaged in towing, the nature of zone with the COTP’s authorization the tow; must comply with all lawful orders or (4) Direction of Movement; directions given to them by the COTP (5) Present location; and, or his designated representative. (6) The nature of any hazardous con- (2) Persons desiring to transit the ditions as defined by 33 CFR 160.202. area of the safety zones may contact (d) Nothing in this section shall su- the COTP San Juan or his designated persede the Navigational Rules representative to seek permission to

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transit the area. If permission is grant- ity in Guayanilla Bay, at position ed, all persons and vessels must comply 17°58.55′ N, 066°45.3′ W. This safety zone with the instructions of the COTP or remains in effect while the LNG vessel his designated representative. is docked with product aboard or is (3) Vessels encountering emergencies, transferring LNG. which require transit through the mov- (b) In accordance with the general ing safety zone, should contact the regulations in 165.23 of this part, an- Coast Guard patrol craft or Duty Offi- choring, mooring or transiting in these cer on VHF Channel 16. In the event of zones is prohibited unless authorized an emergency, the Coast Guard patrol by the Coast Guard Captain of the craft may authorize a vessel to transit Port. through the safety zone with a Coast (c) Coast Guard Sector San Juan will Guard designated escort. notify the maritime community of pe- (4) The Captain of the Port and the riods during which the safety zones Duty Officer at Sector San Juan, Puer- will be in effect by providing advance to Rico, can be contacted at telephone notice of scheduled arrivals and depar- number 787–289–2041. The Coast Guard tures of LNG vessels via a marine Patrol Commander enforcing the safety broadcast Notice to Mariners. zone can be contacted on VHF–FM channels 16 and 22A. [COTP San Juan 00–095, 66 FR 16870, Mar. 28, (5) Coast Guard Sector San Juan will, 2001, as amended by USCG–2008–0179, 73 FR when necessary and practicable, notify 35017, June 19, 2008] the maritime community of periods during which the safety zones will be in § 165.756 Regulated Navigation Area; Savannah River, Georgia. effect by providing advance notice of scheduled arrivals and departure of liq- (a) Regulated Navigation Area (RNA). uefied gas carriers via a Marine Broad- The Savannah River between Fort cast Notice to Mariners. Jackson (32°04.93′ N, 081°02.19′ W) and (6) All persons and vessels must com- the Savannah River Channel Entrance ply with the instructions of on-scene Sea Buoy is a regulated navigation patrol personnel. On-scene patrol per- area when an LNG tankship in excess sonnel include commissioned, warrant, of heel is transiting the area or moored or petty officers of the U.S. Coast at the LNG facility. All coordinates are Guard. Coast Guard Auxiliary and local North American Datum 1983. or state officials may be present to in- (b) Definitions. The following defini- form vessel operators of the require- tions apply to this section: ments of this section, and other appli- Bare steerage way means the min- cable laws. imum speed necessary for a ship to [USCG–2019–0460, 85 FR 26616, May 5, 2020] maintain control over its heading. Bollard pull means an industry stand- § 165.755 Safety Zone; Guayanilla, ard used for rating tug capabilities and Puerto Rico. is the pulling force imparted by the tug (a) The following area is established to the towline. It means the power that as a safety zone during the specified an escort tug can apply to its working conditions: line(s) when operating in a direct (1) A 100 yard radius surrounding a mode. vessel carrying Liquefied Natural Gas Direct mode means a towing technique (LNG) while transiting north of Lati- defined as a method of operation by tude 17°56.0′ N in the waters of the Car- which a towing vessel generates tow- ibbean Sea, on approach to or depar- line forces by thrust alone at an angle ture from the Eco-Electrica waterfront equal to or nearly equal to the towline, facility in Guayanilla Bay, Puerto or thrust forces applied directly to the Rico. The safety zone remains in effect escorted vessel’s hull. until the LNG vessel is docked at the Heel means the minimum quantity of Eco-Electrica waterfront facility or liquefied natural gas (LNG) retained in south of Latitude 17°56.0′ N. an LNG tankship after unloading at (2) The waters within 150 feet of a the LNG facility to maintain tempera- LNG vessel when the vessel is along- ture, pressure, and/or prudent oper- side the Eco-Electrica waterfront facil- ations. A quantity of LNG less than

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five percent (5 %) of the LNG tank- out the permission of the Captain of ship’s carrying capacity shall be pre- the Port (COTP). sumed to be heel. (ii) All vessels less than 1,600 gross Indirect mode means a towing tech- tons shall keep clear of transiting LNG nique defined as a method of operation tankships. by which an escorting towing vessel (iii) The owner, master, or operator generates towline forces by a combina- of a vessel carrying liquefied natural tion of thrust and hydrodynamic forces gas (LNG) shall: resulting from a presentation of the (A) Comply with the notice require- underwater body of the towing vessel ments of 33 CFR part 160. The COTP at an oblique angle to the towline. This may delay the vessel’s entry into the method increases the resultant bollard RNA to accommodate other commer- pull, thereby arresting and controlling cial traffic. the motion of an escorted vessel. (B) Obtain permission from the COTP LNG tankship means a vessel as de- before commencing the transit into the scribed in 46 CFR 154. RNA. Operator means the person who owns, (C) Not enter or get underway within operates, or is responsible for the oper- the RNA if visibility during the transit ation of a facility or vessel. is not sufficient to safely navigate the Savannah River Channel Entrance Sea channel, and/or wind speed is, or is ex- Buoy means the aid to navigation la- pected to be, greater than 25 knots. beled R W ‘‘T’’ Mo (A) WHIS on the Na- (D) While transiting the RNA, LNG tional Oceanic and Atmospheric Ad- Tankships of cargo capacity over ministration’s (NOAA) Nautical Chart 120,000 m3, carrying LNG in excess of 11512. heel, shall have a minimum of two es- Standby means readily available at cort towing vessels with a minimum of the facility and equipped to provide a 100,000 pounds of bollard pull, 4,000 ready means of assistance to maintain horsepower, and capable of safely oper- a safe zone around LNG tankships, pro- ating in the indirect mode. At least one vide emergency firefighting assistance, of the towing vessels shall be FiFi and aid the LNG tankship in the event Class 1 equipped. of an emergency departure. (2) Requirements while LNG tankships Underway means that a vessel is not are moored inside the LNG facility slip. (i) at anchor, not made fast to the shore, An LNG Tankship of cargo capacity or not aground. over 120,000 m3, moored inside the LNG (c) Applicability. This section applies facility slip shall have two standby to all vessels operating within the towing vessels with a minimum capac- RNA, including naval and other public ity of 100,000 pounds of bollard pull, vessels, except vessels that are engaged 4,000 horsepower, and the ability to op- in the following operations: erate safely in the indirect mode. At (1) Law enforcement, security, or least one of the towing vessels shall be search and rescue; FiFi Class 1 equipped. The standby (2) Servicing aids to navigation; towing vessels shall take appropriate (3) Surveying, maintenance, or im- action in an emergency. provement of waters in the RNA; or (ii) If two LNG tankships of cargo ca- (4) Actively engaged in escort, ma- pacity over 120,000 m3 are moored in- neuvering, or support duties for an side the LNG facility slip, each vessel LNG tankship. shall provide a standby towing vessel (d) Regulations—(1) Requirements for that is FiFi Class 1 equipped with a vessel operations while a LNG tankship, minimum capacity of 100,000 pounds of carrying LNG in excess of heel, is under- bollard pull and 4,000 horsepower that way within the RNA. (i) Except for a is available to assist. vessel that is moored at a marina, (3) Requirements for other vessels while wharf, or pier, and remains moored, no within the RNA. (i) Vessels 1,600 gross vessel 1,600 gross tons or greater may tons or greater shall at a minimum, come within two nautical miles of a transit at bare steerageway when with- LNG tankship, carrying LNG in excess in an area 1,000 yards on either side of of heel, which is underway within the the LNG facility slip to minimize po- Savannah River shipping channel with- tential wake or surge damage to the

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LNG facility and vessel(s) within the (2) Port of Tallaboa, Puerto Rico. A 100- slip. yard radius surrounding all Liquefied (ii) Vessels 1,600 gross tons or greater Hazardous Gas (LHG) vessels with shall make a broadcast on channel 13 product aboard while transiting north at the following points on the Savan- of Latitude 17°56.0′ N in the waters of nah River: the Caribbean Sea on approach to or (A) Buoy ‘‘33’’ in the vicinity of departing from the Port of Tallaboa, Fields Cut for inbound vessels; Puerto Rico (NAD 83). The safety zone (B) Buoy ‘‘53’’ in the vicinity of Fort remains in effect until the LHG vessel Jackson for outbound vessels. is docked. (3) Port of Guayanilla, Puerto Rico. A (iii) Vessels 1,600 gross tons or great- 100-yard radius surrounding all Lique- er shall not meet nor overtake within fied Hazardous Gas (LHG) vessels the area adjacent to either side of the around with product aboard while LNG facility slip when an LNG tank- transiting north of Latitude 17°57.0′ N ship is present within the slip. in the waters of the Caribbean Sea on (iv) Except for vessels involved in approach to or departing from the Port those operations noted in paragraph (c) of Guayanilla, Puerto Rico (NAD 83). of this section entitled Applicability, The safety zone remains in effect until no vessel shall enter the LNG facility the LHG vessel is docked. slip at any time without the permis- (4) Port of Limetree Bay, St. Croix, sion of the Captain of the Port. The U.S.V.I. A 100-yard radius surrounding Coast Guard will issue a Broadcast No- all Liquefied Hazardous Gas (LHG) ves- tice to Mariners on channel 16 upon en- sels with product aboard while forcement of this RNA. transiting north of Latitude 17°39.0′ N (e) Waivers. (1) The COTP may waive in the waters of the Caribbean Sea on any requirement in this section, if the approach to or departing from the Port COTP finds that it is in the best inter- of Limetree Bay, U.S.V.I. (NAD 83). est of safety or in the interest of na- The safety zone remains in effect until tional security. Such waivers may be the LHG vessel is docked. verbal or in writing. (b) Regulations. In accordance with (2) An application for a waiver of the general regulations in § 165.23 of these requirements must state the this part, anchoring, mooring or compelling need for the waiver and de- transiting in these zones is prohibited scribe the proposed operation and unless authorized by the Coast Guard methods by which adequate levels of Captain of the Port. Coast Guard Sec- safety are to be obtained. tor San Juan will notify the maritime community of periods during which [CGD07–05–138, 72 FR 2453, Jan. 19, 2007, as amended by USCG–2018–0533, 85 FR 8173, Feb. these safety zones will be in effect by 13, 2020; USCG–2018–0648, 85 FR 20598, Apr. 14, providing advance notice of scheduled 2020] arrivals and departures on LHG carriers via a broadcast notice to mariners § 165.757 Safety Zones; Ports of Ponce, on VHF Marine Band Radio, Channel 16 Tallaboa, and Guayanilla, Puerto (156.8 MHz). Rico and Limetree Bay, St. Croix, 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 (a) Location. Moving and fixed secu- Hazardous Gas (LHG) vessels with rity zones are established 50 yards product aboard while transiting north around all cruise ships entering, de- of Latitude 17°57.0′ N in the waters of parting, moored or anchored in the the Caribbean Sea on approach to or Port of San Juan, Puerto Rico. The se- departing from the Port of Ponce, curity zone for a cruise ship entering Puerto Rico (NAD 83). The safety zone port is activated when the vessel is one remains in effect until the LHG vessel mile north of the #3 buoy, at approxi- is docked. mate position 18°28′17′ N, 66°07′37.5′ W.

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The security zone for a vessel is deacti- around all tank vessels, cruise ships, vated when the vessel passes this buoy and military pre-positioned ships on its departure from the port. docked in the Ports of Jacksonville, (b) Regulations. (1) Under general reg- Fernandina, and Canaveral, Florida. ulations in § 165.33 of this part, enter- (b) Regulations. In accordance with ing, anchoring, mooring or transiting the general regulations § 165.33 of this in these zones is prohibited unless au- part, entry into these zones is prohib- thorized by the Coast Guard Captain of ited except as authorized by the Cap- the Port of San Juan. tain of the Port, or a Coast Guard com- (2) Persons desiring to transit the missioned, warrant, or petty officer area of the security zone may contact designated by him. The Captain of the the Captain of the Port at the Sector Port will notify the public of any San Juan at (787) 289–2041 or via VHF changes in the status of this zone by radio on Channel 16 to seek permission Marine Safety Radio Broadcast on VHF to transit the area. If permission is Marine Band Radio, Channel 22 (157.1 granted, all persons and vessels must MHz). comply with the instructions of the (c) Definition. As used in this section: Captain of the Port or his designated cruise ship means a passenger vessel, representative. except for a ferry, greater than 100 feet (3) The Coast Guard Sector San Juan in length that is authorized to carry will attempt to notify the maritime more than 12 passengers for hire. community of periods during which (d) Authority. In addition to 46 U.S.C. these security zones will be in effect by 70034 and 46 U.S.C. 70051, the authority providing advance notice of scheduled for this section includes 46 U.S.C. 70116. arrivals and departures of cruise ships [COTP Jacksonville 02–066, 68 FR 3186, Jan. via a broadcast notice to mariners. 23, 2003] (c) Definition. As used in this section, cruise ship means a passenger vessel § 165.760 Security Zones; Port of Palm greater than 100 feet in length that is Beach, Port Everglades, and Port of authorized to carry more than 150 pas- Miami, Florida. sengers for hire, except for a ferry. (a) Definitions. (1) As used in this sec- (d) Authority. In addition to 33 U.S.C tion, passenger vessel is a vessel greater 1231 and 46 U.S.C. 70051, the authority than 100 feet in length and over 100 for this section includes 46 U.S.C. 70116. gross tons that is authorized to carry [CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as more than 12 passengers for hire mak- amended by USCG–2008–0179, 73 FR 35017, ing voyages lasting more than 24 hours, June 19, 2008] except for a ferry. (2) As used in this section, a vessel § 165.759 Security Zones; Ports of carrying cargoes of particular hazard is Jacksonville, Fernandina, and Ca- defined in 33 CFR part 126 and a vessel naveral, Florida. carrying liquefied hazardous gas (LHG) is (a) Regulated area. Moving security defined in 33 CFR part 127. zones are established 100 yards around (b) Locations. The following areas are all tank vessels, cruise ships, and mili- security zones (all coordinates are tary pre-positioned ships during tran- North American Datum 1983): sits entering or departing the ports of (1) Fixed and moving security zones Jacksonville, Fernandina, and Canav- around vessels in the Port of Palm Beach, eral, Florida. These moving security Port Everglades, and Port of Miami, Flor- zones are activated when the subject ida. Moving security zones are estab- vessels pass the St. Johns River Sea lished 100 yards around all passenger Buoy, at approximate position 30 deg. vessels, vessels carrying cargoes of par- 23′ 35″ N, 81 deg, 19′ 08″ West, when en- ticular hazard, or vessels carrying liq- tering the port of Jacksonville, or pass uefied hazardous gas (LHG) during Port Canaveral Channel Entrance transits entering or departing the Port Buoys # 3 or # 4, at respective approxi- of Palm Beach, Port Everglades, or mate positions 28 deg. 22.7 N, 80 deg 31.8 Port of Miami. These moving security W, and 28 deg. 23.7 N, 80 deg. 29.2 W, zones are activated when the subject when entering Port Canaveral. Fixed vessel passes: Lake Worth Lighted security zones are established 100 yards Buoy LW, at approximate position

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26°46′22″ N, 80°00′37″ W, when entering (i) When the security zone is in ef- the Port of Palm Beach; passes Port fect, persons and vessels shall not enter Everglades Lighted Buoy PE, at ap- or transit the security zone along the proximate position 26°05′30″ N, 080°04′46″ Miami Main Channel unless authorized W, when entering Port Everglades; and by Captain of the Port of Miami or a passes Miami Lighted Buoy M, at ap- designated representative. proximate position 25°46′05″ N, 080°05′01″ (ii) Persons and vessels may transit W, when entering Port of Miami. These the Miami Main Channel when only moving security zones remain active one passenger vessel, one vessel car- whenever a passenger vessel, vessels rying cargoes of particular hazard or carrying cargoes of particular hazard, one vessel carrying LHG is berthed. or vessels carrying LHG is underway (iii) Law enforcement vessels can be westward of the above mentioned contacted on VHF Marine Band Radio, buoys. Fixed security zones are estab- Channel 16 (156.8 MHz). lished 100 yards around all passenger (3) Fixed security zones in Port Ever- vessels, vessels carrying cargoes of par- glades. A fixed security zone encom- ticular hazard, or vessels carrying passes Mid-Port to North-Port in Port LHG, while the vessel is moored in the Everglades and includes all waters west Port of Palm Beach, Port Everglades, of an imaginary line starting at the or Port of Miami, Florida. Persons and southernmost point 26°05′24″ N, vessels may pass within 100 yards of a 080°06′57″ W, on the northern tip of moored passenger vessel, vessel car- Berth 22, to the northernmost point rying cargoes of particular hazard, or 26°06′01″ N, 080°07′09″ W, near the west vessel carrying LHG that is moored side of the 17th Street Bridge and then within or alongside a Federal channel move west to the northwestern most as long as the passage occurs outside of point at 26°06′01″ N, 080°07′10″ W. An ad- the on scene law enforcement vessel. ditional fixed security zone encom- Persons and vessels shall pass north of passes the waters west of the Intra- the on scene law enforcement vessel coastal Waterway to the pier face of when north of the Port of Miami, south Port Everglades from Mid-Port south of the on scene law enforcement vessel to the northern tip of the Dania Cut- when south of the Port of Miami and Off Canal and includes the waters west- east of the on scene law enforcement ward of the line connecting the fol- vessel in Port Everglades. lowing points to the pier face of Port (2) Fixed security zone in Port of Everglades: Starting at 26°05′25″ N, Miami, Florida. A fixed security zone 080°06′58″ W, on the northern tip of encompasses all waters between Wat- Berth 22 at Mid-Port, to a point di- son Park and Star Island from the rectly east along the Intracoastal Wa- MacArthur Causeway south to Port of terway, 26°05′25″ N, 080°06′54″ W, then Miami. The western boundary is southeast along the Intracoastal Wa- formed by an imaginary line from terway to 26°05′10″ N, 080°06′49″ W, then points 25°46′45″ N, 080°10′52″ W, north- southwest along the Intracoastal Wa- west to 25°46′46″ N, 080°10′54″ W, north- terway to 26°04′43″ N, 080°06′53″ W, then east to 25°46′53″ N, 080°10′50″ W, and ex- south along the Intracoastal Waterway tending northeast ending at Watson Is- to 26°03′54″ N, 080°06′52″ W, and then land at 25°47′00″ N, 080°10′40″ W. The west to the Port Everglades pier face eastern boundary is formed by an just north of the Dania Cut-Off Canal imaginary line approximately 100 yards at 26°03′54″ N, 080°06′55″ W. west of the Fisher Island Ferry ter- (i) Persons and vessels may transit minal, in approximate position 25°46′20″ the Intracoastal Waterway; however, N, 080°09′07″ W, extending southwest persons and vessels are not authorized across the Main Channel to Port of to enter the fixed security zone west- Miami, at 25°46′16″ N, 080°09′11″ W. The ward of the Intracoastal Waterway fixed security zone is in effect when without authorization from Captain of two or more passenger vessels, vessels the Port Miami or a designated rep- carrying cargoes of particular hazard, resentative. On occasion, a passenger or vessels carrying LHG, enter or moor vessel, vessel carrying cargoes of par- within this zone. ticular hazard, or vessel carrying LHG

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may moor and encroach into the Intra- practical for the purpose of port secu- coastal Waterway. When this occurs, rity, safety, or environmental safety. persons and vessels shall transit the In- [USCG–2018–0007, 84 FR 33170, July 12, 2019] tracoastal Waterway east of the on scene law enforcement vessel. § 165.761 Security Zones; Port of Key (ii) Periodically, vessels may be re- West, Florida. quired to temporarily hold their posi- (a) Definitions. (1) As used in this sections while large commercial traffic tion, passenger vessel is a vessel greater operates in this area. Vessels near the than 100 feet in length and over 100 security zone must follow the orders of gross tons that is authorized to carry the Captain of the Port or the des- more than 12 passengers for hire mak- ignated representative. ing voyages lasting more than 24 hours, (iii) Law enforcement vessels can be except for a ferry. contacted on VHF Marine Band Radio, (2) As used in this section, a vessel Channel 16 (156.8 MHz). carrying cargoes of particular hazard is (c) Regulations. (1) Prior to com- defined in 33 CFR part 126 and a vessel mencing any movement, the person di- carrying liquefied hazardous gas (LHG) is recting the movement of a passenger defined in 33 CFR part 127. vessel, a vessel carrying cargoes of par- (b) Location. The following area is a ticular hazard, or a vessel carrying security zone: Fixed and moving secu- LHG is encouraged to make a security rity zones around vessels in the Port of broadcast on VHF Marine Band Radio Key West, Florida. A moving security Channel 16 (156.8 MHz) to advise mari- zones is established 100 yards around ners of the moving security zone acti- all passenger vessels, vessels carrying vation and intended transit. cargoes of particular hazard, or vessels carrying liquefied hazardous gas (LHG) (2) In accordance with the general during transits entering or departing regulations § 165.33, entry into these the Port of Key West, Florida. A mov- zones is prohibited, except as author- ing security zones is activated when ized by the Captain of the Port of the subject vessel passes Key West En- Miami or a designated representative. trance Lighted Whistle Buoy KW, at Vessels such as pilot boats, tug boats, approximate position 24°27′26″ N, and contracted security vessels may 081°48′00″ W. This moving security zone assist the Coast Guard Captain of the remains active whenever a passenger Port by monitoring these zones strictly vessel, vessels carrying cargoes of par- to advise mariners of the restrictions. ticular hazard, or vessels carrying LHG The Captain of the Port will notify the is underway westward of the above public of the security zone via signs or mentioned buoys. Fixed security zones by Marine Safety Radio Broadcasts on are established 100 yards around all VHF Marine Band Radio Channel 16 passenger vessels, vessels carrying car- (156.8 MHz) when applicable. goes of particular hazard, or vessels (3) Persons and vessels desiring to carrying LHG, while the vessel is enter or transit the fixed or moving se- moored in the Port of Key West, Flor- curity zones may contact the Captain ida. of the Port Miami at (305) 535–4472 or on (c) Regulations. (1) Prior to com- VHF Marine Band Radio Channel 16 mencing any movement, the person di- (156.8 MHz) to seek permission to tran- recting the movement of a passenger sit the area. If permission is granted, vessel, a vessel carrying cargoes of par- all persons and vessels must comply ticular hazard, or a vessel carrying with the instructions of the Captain of LHG, is encouraged to make a security the Port or the designated representa- broadcast on VHF Marine Band Radio, tive. Channel 16 (156.8 MHz) to advise mari- (4) The Captain of the Port Miami ners of the moving security zone acti- may waive any of the requirements of vation and intended transit. this section for any vessel upon finding (2) In accordance with the general that the vessel or class of vessel, oper- regulations § 165.33, entry into these ational conditions, or other cir- zones is prohibited except as author- cumstances are such that application ized by the Captain of the Port of Key of this section is unnecessary or im- West or a designated representative.

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Vessels such as pilot boats, tug boats, in these zones is prohibited unless au- and contracted security vessels may thorized by the Coast Guard Captain of assist the Coast Guard Captain of the the Port of San Juan. Port by monitoring these zones strictly (2) Persons desiring to transit the to advise mariners of the restrictions. area of the security zone may contact The Captain of the Port will notify the the Captain of the Port at the Sector public of the security zone via signs or San Juan at (787) 289–2041 or via VHF by Marine Safety Radio Broadcasts on radio on Channel 16 to seek permission VHF Marine Band Radio, Channel 16 to transit the area. If permission is (156.8 MHz) when applicable. granted, all persons and vessels must (3) Persons and vessels desiring to comply with the instructions of the enter in, transit through, anchor in, or Captain of the Port or his designated remain within the fixed or moving se- representative. curity zones may contact the Captain (3) Coast Guard Sector San Juan will of the Port Key West at (305) 292–8727 or attempt to notify the maritime com- on VHF Marine Band Radio Channel 16 munity of periods during which these (156.8 MHz) to seek permission to tran- security zones will be in effect by pro- sit the area. If permission is granted, viding advance notice of scheduled ar- all persons and vessels must comply with the instructions of the Captain of rivals and departures of cruise ships the Port or the designated representa- via a broadcast notice to mariners. tive. (c) Definition. As used in this section, (4) The Captain of the Port Key West cruise ship means a passenger vessel may waive any of the requirements of greater than 100 feet in length that is this section for any vessel upon finding authorized to carry more than 150 pas- that the vessel or class of vessel, oper- sengers for hire, except for a ferry. ational conditions, or other cir- (d) Authority. In addition to 33 U.S.C cumstances are such that application 1231 and 46 U.S.C. 70051, the authority of this section is unnecessary or im- for this section includes 46 U.S.C. 70116. practical for the purpose of port secu- [COTP San Juan 03–024, 68 FR 33391, June 4, rity, safety, or environmental safety. 2003, as amended by USCG–2008–0179, 73 FR [USCG–2018–0007, 84 FR 33172, July 12, 2019] 35017, June 19, 2008]

§ 165.762 Security Zone; St. Thomas, § 165.763 Moving and Fixed Security U.S. Virgin Islands. Zone, Port of Fredericksted, Saint Croix, U.S. Virgin Islands. (a) Location. Moving and fixed security zones are established 50 yards (a) Location. A moving and fixed secu- around all cruise ships entering, de- rity zone is established that surrounds parting, moored or anchored in the all cruise ships entering, departing, Port of St. Thomas, U.S. Virgin Is- mooring or anchoring in the Port of lands. The security zone for a cruise Fredericksted, Saint Croix, U.S. Virgin ship entering port is activated when Islands. The security zone extends from the vessel passes: St. Thomas Harbor the cruise ship outward and forms a 50- green lighted buoy 3 in approximate yard radius around the vessel, from position 18°19′19″ North, 64°55′40″ West surface to bottom. The security zone when entering the port using St. for a cruise ship entering port is acti- Thomas Channel; red buoy 2 in approxi- vated when the vessel is within one mate position 18°19′15″ North, 64°55′59″ nautical mile west of the Fredericksted West when entering the port using East Pier lights. The security zone for a ves- Gregorie Channel; and red lighted buoy sel is deactivated when the cruise ship 4 in approximate position 18°18′16″ is beyond one nautical mile west of the North, 64°57′30″ West when entering the Fredericksted Pier lights. The port using West Gregorie Channel. Fredericksted Pier lights are at the These zones are deactivated when the following coordinates: 17°42′49″ N, cruise ship passes any of these buoys 64°53′19″ W. All coordinates are North on its departure from the Port. American Datum 1983 (NAD 1983). (b) Regulations. (1) Under general reg- (b) Regulations. (1) Under general regulations in § 165.33 of this part, enter- ulations in § 165.33 of this part, entering, anchoring, mooring or transiting ing, anchoring, mooring, or transiting

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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 CFR subchapter calling (787) 289–2041, 24-hours-a-day, 7- E). days-a-week. If permission is granted, (c) Definition. As used in this section, all persons and vessels must comply slow speed means the speed at which a with the instructions of the Captain of vessel proceeds when it is fully off the Port or designated representative. plane, completely settled in the water (3) Sector San Juan will attempt to and not creating excessive wake. Due notify the maritime community of pe- to the different speeds at which vessels riods during which these security zones of different sizes and configurations will be in effect by providing advance may travel while in compliance with notice of scheduled arrivals and depar- this definition, no specific speed is as- tures of cruise ships via a broadcast no- signed to slow speed. A vessel is not tice to mariners. proceeding at slow speed if it is: (c) Definition. As used in this section, (1) On a plane; cruise ship means a passenger vessel (2) In the process of coming up on or greater than 100 feet in length that is coming off of plane; or authorized to carry more than 150 pas- (3) Creating an excessive wake. sengers for hire, except for a ferry. (d) Authority. In addition to 46 U.S.C. [CDG07–03–069, 68 FR 63991, Nov. 12, 2003, as 70034 and 46 U.S.C. 70051, the authority amended by USCG–2015–0433, 80 FR 44286, for this section includes 46 U.S.C. 70116. July 27, 2015] [COTP San Juan 05–002, 70 FR 22256, Apr. 29, §§ 165.766–165.768 [Reserved] 2005] § 165.769 Security Zone; Escorted Ves- § 165.764 [Reserved] sels, Charleston, South Carolina, Captain of the Port Zone. § 165.765 Regulated Navigation Area; Port Everglades Harbor, Fort Lau- (a) Definitions. The following defini- derdale, Florida. tions apply to this section: (a) Location. The following area in COTP means Captain of the Port Port Everglades harbor is a regulated Charleston, SC. navigation area: all waters of Port Ev- Designated representatives means erglades harbor, from shore to shore, Coast Guard Patrol Commanders in- encompassed by a line commencing at cluding Coast Guard coxswains, petty the south mid-point tip of Harbor officers and other officers operating Heights approximately 26°05.687′ N, Coast Guard vessels, and federal, state, 080°06.684′ W; thence south across Bar and local officers designated by or as- Cut to a point north of the Nova Uni- sisting the COTP, in the enforcement versity Marina approximately 26°05.552′ of the security zone. N, 080°06.682′ W, thence southwesterly Escorted vessel means a vessel, other to a point near the center of Lake than a large U.S. naval vessel as de- Mabel approximately 26°05.482′ N, fined in 33 CFR 165.2015, that is accom- 080°06.793′ W, thence northwesterly to a panied by one or more Coast Guard as- point near the Quick Flashing Red #12 sets or other Federal, State or local approximately 26°05.666′ N, 080°06.947′ W, law enforcement agency assets clearly thence east to south mid-point tip of identifiable by lights, vessel markings, Harbor Heights (starting point) ap- or with agency insignia as listed below: proximately 26°05.687′ N, 080°06.684′ W. Coast Guard surface or air asset dis- (b) Regulations. Vessels less than 150 playing the Coast Guard insignia. meters entering and transiting through State and/or local law enforcement the regulated navigation area shall asset displaying the applicable agency

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markings and/or equipment associated (e) Notice of security zone. The COTP with the agency. will inform the public of the existence When escorted vessels are moored, or status of the security zones around dayboards or other visual indications escorted vessels in the regulated area such as lights or buoys may be used. In by Broadcast Notice to Mariners. Coast all cases, broadcast notice to mariners Guard assets or other Federal, State or will be issued to advise mariners of local law enforcement agency assets these restrictions. will be clearly identified by lights, ves- Minimum safe speed means the speed sel markings, or with agency insignia. at which a vessel proceeds when it is When escorted vessels are moored, fully off plane, completely settled in dayboards or other visual indications the water and not creating excessive such as lights or buoys may be used. wake. Due to the different speeds at which vessels of different sizes and con- (f) Contact information. The COTP figurations may travel while in compli- Charleston may be reached via phone ance with this definition, no specific at (843) 724–7616. Any on scene Coast speed is assigned to minimum safe Guard or designated representative as- speed. In no instance should minimum sets may be reached via VHF-FM chan- safe speed be interpreted as a speed less nel 16. than that required for a particular ves- [USCG–2007–0115, 73 FR 30562, May 28, 2008] sel to maintain steerageway. A vessel is not proceeding at minimum safe § 165.770 Security Zone; Limetree Bay speed if it is: Terminals, St. Croix, U.S. Virgin Is- (1) On a plane; lands. (2) In the process of coming up onto (a) Regulated area. The Coast Guard is or coming off a plane; or establishing a security zone in and (3) Creating an excessive wake. (b) Regulated area. All navigable around Limetree Bay Terminals on the waters, as defined in 33 CFR 2.36, with- south coast of St. Croix, U.S. Virgin Is- in the Captain of the Port Zone, lands. This security zone includes all Charleston, South Carolina 33 CFR waters from surface to bottom, encom- 3.35–15. passed by an imaginary line connecting (c) Security zone. A 300-yard security the following points: Point 1 in posi- zone is established around each es- tion 17°41′48″ N, 064°44′26″ W; Point 2 in corted vessel within the regulated area position 17°40′00″ N, 064°43′36″ W; Point 3 described in paragraph (b) of this sec- in position 17°39′36″ N, 064°44′48″ W; tion. This is a moving security zone Point 4 in position 17°41′33″ N, 064°45′08″ when the escorted vessel is in transit W; then tracing the shoreline along the and becomes a fixed zone when the es- water’s edge to the point of origin. corted vessel is anchored or moored. A These coordinates are based upon security zone will not extend beyond North American Datum 1983 (NAD the boundary of the regulated area in 1983). this section. (b) Regulations. (1) Under § 165.33, (d) Regulations. (1) The general regu- entry into or remaining within the reg- lations for security zones contained in ulated area in paragraph (a) of this sec- § 165.33 of this part applies to this section is prohibited unless authorized by tion. the Coast Guard Captain of the Port (2) A vessel may request the permis- San Juan or vessels have a scheduled sion of the COTP Charleston or a des- arrival at Limetree Bay Terminals, St. ignated representative to enter the security zone described in paragraph (c) Croix, in accordance with the Notice of of this section. If permitted to enter Arrival requirements of 33 CFR part the security zone, a vessel must pro- 160, subpart C. ceed at the minimum safe speed and (2) Persons desiring to transit the must comply with the orders of the area of the security zone may contact COTP or a designated representative. the COTP San Juan or designated rep- No vessel or person may enter the resentative at telephone number 787– inner 50-yard portion of the security 289–2041 or on VHF–FM Channel 16. If zone closest to the vessel. permission is granted, all persons and

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vessels must comply with the instruc- COTP means Captain of the Port tions of the COTP or designated rep- Jacksonville, FL. resentative. Designated representatives means Coast Guard Patrol Commanders in- [USCG–2020–0011, 85 FR 15071, Mar. 17, 2020] cluding Coast Guard coxswains, petty § 165.771 Safety Zone; Bahia de Ponce, officers and other officers operating Puerto Rico. Coast Guard vessels or aircraft, and federal, state, and local officers des- (a) Location. The following area is es- ignated by or assisting the COTP, in tablished as a safety zone during the the enforcement of the security zone. specified conditions: Escorted vessel means a vessel, other (1) A 100 yard radius around any ves- than a large U.S. naval vessel as de- sel carrying Liquefied Natural Gas fined in 33 CFR 165.2015, that is accom- (LNG) cargo while transiting north of panied by one or more Coast Guard as- Latitude 17°54′00″ N in the waters of the sets or other Federal, State, or local Caribbean Sea and the Bahia de Ponce, law enforcement agency assets clearly on approach to or departure from the identifiable by lights, vessel markings, Puerto de Ponce waterfront facility in or with agency insignia as follows: Bahia de Ponce. (1) Coast Guard surface or air asset (2) The waters within 150 feet of any displaying the Coast Guard insignia. vessel carrying LNG cargo while (2) State and/or local law enforce- moored at the Puerto de Ponce water- ment asset displaying the applicable front facility in Bahia de Ponce, be- agency markings and/or equipment as- tween berths 4 and 7 at approximate sociated with the agency. position 17°58′12″ N, 066°37′08″ W. (3) When escorted vessels are moored, (b) Definitions. The following defini- dayboards or other visual indications tions apply to this section: such as lights or buoys may be used. In Designated representative means Coast all cases, broadcast notice to mariners Guard Patrol Commander including will be issued to advise mariners of Coast Guard coxswains, petty officers these restrictions. and other officers operating Coast Minimum safe speed means the speed Guard vessels and federal, state, and at which a vessel proceeds when it is local officers designated by or assisting fully off plane, completely settled in the COTP San Juan in the enforcement the water and not creating excessive of the safety zone. wake. Due to the different speeds at (c) Regulations. In accordance with which vessels of different sizes and con- the general regulations in § 165.23 of figurations may travel while in compli- this part, anchoring, mooring or ance with this definition, no specific transiting in these zones is prohibited speed is assigned to minimum safe unless authorized by the Coast Guard speed. In no instance should minimum Captain of the Port or a designated safe speed be interpreted as a speed less representative. Persons and vessels de- than that required for a particular ves- siring to transit the Regulated Area sel to maintain steerageway. A vessel may contact the U.S. Coast Guard Cap- is not proceeding at minimum safe tain of the Port San Juan at telephone speed if it is: 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 [USCG–2007–0075, 73 FR 54951, Sept. 24, 2008] defined in 33 CFR 3.35–20. (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

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and becomes a fixed zone when the es- the baseline at position 28°29.7′ N, corted vessel is anchored or moored. A 080°31.6′ W. security zone will not extend beyond (3) Zone (C) is defined by four lati- the boundary of the regulated area in tude and longitude corner points. Zone this section. C originates from the baseline at posi- (d) Regulations. (1) The general regu- tion 28°36.2′ N, 080°35.3′ W; then pro- lations for security zones contained in ceeds northeast to 28°45.6′ N, 080°25.2′ W; § 165.33 of this part applies to this sec- then proceeds south to 28°26′ N, 080°20.8′ tion. W; then proceeds west back to the (2) A vessel may request the permis- baseline at position 28°26′ N, 080°34.4′ W. sion of the COTP or a designated representative to enter the security zone (4) Zone (D) is defined by four lati- described in paragraph (c) of this sec- tude and longitude corner points. Zone tion. If permitted to enter the security D originates from the baseline at posi- zone, a vessel must proceed at the min- tion 28°31.6′ N, 080°34′ W; then proceeds imum safe speed and must comply with east to 28°31.6′ N, 080°20.1′ W; then pro- the orders of the COTP or a designated ceeds south to 28°16.7′ N, 080°23.3′ W; representative. No vessel or person then proceeds northwest back to the may enter the inner 100-yard portion of baseline at position 28°21.6′ N, 080°36.1′ the security zone closest to the vessel. W. (e) Notice of security zone. The COTP (b) Definitions. The following defini- will inform the public of the existence tions apply to this section: or status of the security zones around Designated representative means Coast escorted vessels in the regulated area Guard Patrol Commanders including by Broadcast Notice to Mariners. Coast Coast Guard coxswains, petty officers Guard assets or other Federal, State or and other officers operating Coast local law enforcement agency assets Guard vessels, and federal, state, and will be clearly identified by lights, ves- local officers designated by or assisting sel markings, or with agency insignia. the Captain of the Port (COTP) Jack- When escorted vessels are moored, sonville in the enforcement of regu- dayboards or other visual indications lated navigation areas, safety zones, such as lights or buoys may be used. and security zones. (f) Contact information. The COTP Jacksonville may be reached via phone (c) Regulations. In accordance with at (904) 564–7513. Any on scene Coast the general regulations in § 165.23 of Guard or designated representative as- this part, anchoring, mooring or sets may be reached via VHF–FM chan- transiting in this zone is prohibited un- nel 16. less authorized by the Coast Guard Captain of the Port Jacksonville or his [USCG–2008–0203, 73 FR 28710, May 19, 2008] designated representative. § 165.775 Safety Zone; Captain of the (d) Notice of a safety zone. The pro- Port Zone Jacksonville; Offshore posed safety zones are temporary in na- Cape Canaveral, Florida. ture and will only be enacted and en- (a) Regulated area. (1) Zone (A) is de- forced prior to, and just after a suc- fined by four latitude and longitude cessful launch. The COTP will inform corner points. Zone A originates from the public of the existence or status of the baseline at position 28°45.7′ N, the safety zone(s) by Broadcast Notice 080°42.7′ W; then proceeds northeast to to Mariners on VHF–FM channel 16, 28°50.1′ N, 080°29.9′ W; then proceeds Public Notice, on-scene presence, and southeast to 28°31.3′ N, 080°19.6′ W; then by the display of a yellow ball from a proceeds west back to the baseline at 90-foot pole near the shoreline at ap- position 28°31.3′ N, 080°33.4′ W. proximately 28°35′00″ N, 080°34′36″ W, (2) Zone (B) is defined by four lati- and from a 90-foot pole near the shore- tude and longitude corner points. Zone line at approximately 28°25′18″ N, B originates from the baseline at posi- 080°35′00″ W. Coast Guard assets or tion 28°40.1′ N, 080°38.4′ W; then pro- other Federal, State, or local law en- ceeds northeast to 28°48.8′ N, 080°28.9′ W; forcement assets will be clearly identi- then proceeds southeast to 28°29.7′ N, fied by lights, markings, or with agen- 080°18.9′ W; then proceeds west back to cy insignia.

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(e) Contact information. The COTP (b) Requirement. (1) This security zone Jacksonville may be reached by tele- will be activated 4 hours prior to the phone at (904) 564–7513. Any on-scene scheduled arrival of a cruise ship at the Coast Guard or designated representa- West Basin of Port Canaveral Harbor tive assets may be reached on VHF–FM during MARSEC Levels 2 and 3 or when channel 16. the COTP determines there is a specified credible threat during MARSEC [USCG–2008–0411, 74 FR 14728, Apr. 1, 2009] Level 1. This security zone will not be § 165.776 Security Zone; Coast Guard deactivated until the departure of all Base San Juan, San Juan Harbor, cruise ships from the West Basin. The Puerto Rico. zone is subject to enforcement when it (a) Location. The following area is a is activated. security zone: All waters from surface (2) Under general security zone regu- to bottom, encompassed by an imagi- lations of 33 CFR 165.33, no vessel or nary line connecting the following person may enter or navigate within points, beginning at 18°27′39″ N, the regulated area unless specifically 066°06′56″ W; then east to Point 2 at authorized by the COTP or the COTP’s 18°27′39″ N, 066°06′52″ W; then south to designated representative. Any person Point 3 at 18°27′35″ N, 066°06′52″ W; then or vessel authorized to enter the secu- southwest to Point 4 at 18°27′30″ N, rity zone must operate in strict con- 066°06′59″ W; then northeast to Point 5 formance with any direction given by at 18°27′25″ N, 066°07′07″ W; then north to the COTP or a designated representa- Point 6 at 18°27′46″ N, 066°07′10″ W; then tive and leave the security zone imme- back to shore at the northwest end of diately if so ordered. the CG facility at Point 7 at 18°27′46″ N, (3) The public will be notified when 066°07′07″ W. These coordinates are the security zone is activated by the based upon North American Datum display of a red ball on a 50-foot pole 1983. located at the east end of Cruise Ship terminal 10. This red ball will be low- (b) Definitions. As used in this sec- ered when the security zone is deacti- tion— vated. To ensure boaters are given suf- Vessel means every description of ficient knowledge of the security zone, watercraft or other artificial contriv- the Coast Guard will continuously ance used, or capable of being used, as broadcast the activations of the zone a means of transportation on water, ex- and law enforcement vessels will be on cept U.S. Coast Guard or U.S. naval scene to inform boaters that the zone vessels. has been activated. Vessels encroach- (c) Regulations. (1) No person or vessel ing on the security zone will be issued may enter into the security zone de- a Public Notice which clearly states scribed in paragraph (a) of this section the location of the security zone and unless authorized by the Captain of the the times it will be enforced. This will Port San Juan. be the boater’s first warning prior to (2) Vessels seeking to enter the secu- enforcement action being taken. rity zone established in this section (c) Definitions. The following defini- may contact the COTP on VHF channel tion applies to this section: 16 or by telephone at (787) 289–2041 to Designated representative means Coast request permission. Guard Patrol Commanders including [USCG–2008–0440, 74 FR 9769, Mar. 6, 2009] Coast Guard coxswains, petty officers 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

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when the security zone described in Guard patrol personnel include com- paragraph (a) is activated as specified missioned, warrant, and petty officers in paragraph (b)(1) of this section. of the U.S. Coast Guard. [USCG–2008–0752, 74 FR 15856, Apr. 8, 2009] [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009, as amended by USCG–2018–0231, 84 FR 7288, Mar. § 165.778 Security Zone; Port of Maya- 4, 2019] guez, Puerto Rico. (a) Security zone. A moving and fixed § 165.779 Regulated Navigation Area; security zone is established around all Holiday Events; Biscayne Bay, cruise ships entering, departing, moor- Miami, FL. ing, or anchoring in the Port of Maya- (a) Regulated area. The regulated guez, Puerto Rico. The regulated area navigation area encompasses all waters includes all waters from surface to bot- of Biscayne Bay between Julia Tuttle tom within a 50-yard radius of the ves- and Turkey Point contained within the sel. The zone is activated when a cruise following points: Beginning at Point 1 ship on approach to the Port of Maya- in position 25°48′43″ N, 80°08′29″ W; guez enters within 1 nautical mile of thence south to Point 2 in position the Bahia de Mayaguez Range Front 25°29′07″ N, 80°10′44″ W; thence south- Light located in position 18°13′12″ N west to Point 3 in position 25°25′51″ N, 067°10′46″ W. The zone is deactivated 80°12′00″ W; thence west to Point 4 in when a cruise ship departs the Port of position 25°25′51″ N, 80°19′42″ W; thence Mayaguez and is no longer within 1 north to Point 5 in position 25°29′10″ N, nautical mile of the Bahia de Maya- 80°20′58″ W; thence north to Point 6 in guez Range Front Light. position 25°37′35″ N, 80°18′28″ W; thence (b) Definitions. As used in this sec- northeast to Point 7 in position tion: 25°48′44″ N, 80°11′17″ W; thence back to Cruise ship means any vessel over 100 origin. All coordinates are North gross registered tons, carrying more American Datum 1983. than 12 passengers for hire. (b) Definitions. (1) The term ‘‘des- Designated representative means Coast ignated representative’’ means Coast Guard Patrol Commanders including Guard Patrol Commanders, including Coast Guard coxswains, petty officers Coast Guard coxswains, petty officers, and other officers operating Coast and other officers operating Coast Guard vessels and Federal, State, and Guard vessels, and Federal, state, and local officers designated by or assisting local officers designated by or assisting the Captain of the Port San Juan in the Captain of the Port Miami in the the enforcement of the security zone. enforcement of the regulated area. Vessel means every description of (2) The term ‘‘Columbus Day’’ means watercraft or other artificial contriv- the federally recognized holiday occur- ance used, or capable of being used, as ring annually on the second Monday in a means of transportation on water, ex- October. cept U.S. Coast Guard or U.S. Naval (c) Regulations. All vessels within the vessels and servicing pilot and tug regulated area are required to transit boats. at no more than 15 knots, are subject (c) Regulations. (1) No person or vessel to control by the Coast Guard, and may enter into the security zone under must follow the instructions of des- this section unless authorized by the ignated representatives. Captain of the Port San Juan. (d) Enforcement period. This section (2) Vessels seeking to enter a secu- will be in enforced annually on Colum- rity zone established in this section, bus Day weekend, starting at noon on may contact the COTP on VHF channel the Saturday before Columbus Day 16 or by telephone at (787) 289–2041 to through 2 a.m. on Monday (the Colum- request permission. bus Day holiday); from 9 p.m. Decem- (3) All persons and vessels granted ber 31st until 2 a.m. January 1st; and permission to enter the security zone from 7 p.m. until 2 a.m. on the night must comply with the orders of the Fourth of July fireworks are scheduled Captain of the Port San Juan and des- in Downtown Miami and Key Biscayne. ignated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast [USCG–2015–0786, 81 FR 37160, June 9, 2016]

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§ 165.780 Safety Zone; Marine Safety authorized to transit through the regu- Unit Savannah Safety Zone for lated areas until Port Condition ZULU. Heavy Weather and other Natural (2) Hurricane Port Condition ZULU. Disasters, Savannah Captain of the All commercial, oceangoing vessels and Port Zone, Savannah, GA. barges over 500 GT are prohibited from (a) Regulated areas. The following entering the regulated areas designated areas are established as safety zones as being in Port Condition ZULU; with- during the specified conditions: in 12 hours of anticipated landfall of a (1) Savannah, GA. All waters within tropical storm or hurricane; or upon the Port of Savannah, GA, encom- the Coast Guard setting Port Condition passed within following locations: ZULU, unless written permission is ob- starting at the demarcation line drawn tained from the Captain of the Port. across the seaward extremity of the All ship-to-shore cargo operations Savannah River entrance, and encom- must cease six hours prior to setting passing all of the waters of the Savan- Port Condition Zulu. nah River, Savannah GA. (3) Emergency Waterway Restriction for (2) Brunswick, GA. All waters starting Other Disasters. Any natural or other at the demarcation line drawn across disasters that are anticipated to affect the seaward extremity of the Savannah the COTP Savannah AOR will result in River entrance, and encompassing all the prohibition of commercial vessel of the waters of the Brunswick River, traffic transiting or remaining in any Brunswick GA. of the two regulated areas predicted to (3) All coordinates are North Amer- be affected as designated by the COTP ican Datum 1983. Savannah. (b) Definition. (1) The term ‘‘des- (4) Persons and vessels desiring to ignated representative’’ means Coast Guard Patrol Commanders, including enter, transit through, anchor in, or re- Coast Guard coxswains, petty officers, main in the regulated area may con- and other officers operating Coast tact the Captain of the Port Savannah Guard vessels, and Federal, state, and via telephone at (912)–247–0073, or a des- local officers designated by or assisting ignated representative via VHF radio the Captain of the Port Savannah in on channel 16, to request authoriza- the enforcement of the regulated area. tion. If authorization to enter, transit (2) Hurricane Port Condition YANKEE. through, anchor in, or remain in the Set when weather advisories indicate regulated area is granted by the Cap- that sustained Gale Force winds from a tain of the Port Savannah or a des- tropical or hurricane force storm are ignated representative, all persons and predicted to make landfall at the port vessels receiving such authorization within 24 hours. must comply with the instructions of (3) Hurricane Port Condition ZULU. the Captain of the Port Savannah or a Set when weather advisories indicate designated representative. that sustained Gale Force winds from a (5) Coast Guard Marine Safety Unit tropical or hurricane force storm are Savannah will attempt to notify the predicted to make landfall at the port maritime community of periods during within 12 hours. which these safety zones will be in ef- (c) Regulations. (1) Hurricane Port Con- fect via Broadcast Notice to Mariners dition YANKEE. All commercial, ocean- or by on-scene designated representa- going vessels and barges over 500 GT tives. are prohibited from entering the regu- (6) The Coast Guard will provide no- lated areas designated as being in Port tice of the regulated area via Broadcast Condition YANKEE; within 24 hours of Notice to Mariners or by on-scene des- anticipated landfall of gale force winds ignated representatives. (39 mph) from tropical or hurricane (7) This regulation does not apply to force storm; or upon the Coast Guard setting Port Condition YANKEE for in- authorized law enforcement agencies bound ocean going commercial vessel operating within the regulated area. traffic over 500 GT. Oceangoing com- [USCG–2014–1017, 80 FR 26447, May 8, 2015] mercial vessel traffic outbound will be

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§ 165.781 Safety Zone; hurricanes and recommendations to the Captain of the other disasters in Western Florida. Port to identify vessels that may need (a) Regulated areas. The following to be diverted to ensure the safety of areas are established as a safety zone the port. Ports and waterfront facili- during the specified conditions: ties shall begin removing all debris and (1) All waters within the Sector St. securing potential flying hazards. Con- Petersburg Captain of the Port zone tainer stacking plans shall be imple- encompassing all navigable waters or mented. Waterfront facilities that, are tributaries between or within unable to reduce container stacking Fenholloway River through height to no more than four high, must Chokoloskee Pass, Florida. submit a container stacking protocol (2) [Reserved] to the Captain of the Port (COTP). (b) Definition. (1) Designated Rep- (2) Hurricane Port Condition X–RAY. resentative means Coast Guard Patrol All vessels and port facilities shall en- Commanders including Coast Guard sure that potential flying debris is re- coxswains, petty officers and other offi- moved or secured. Hazardous materials/ cers operating Coast Guard vessels, and pollution hazards must be secured in a federal, state, and local officers des- safe manner and away from waterfront ignated by or assisting the COTP, in areas. Facilities shall continue to im- the enforcement of regulated naviga- plement container stacking protocol. tion areas, safety zones, and security Containers must not exceed four tiers, zones. unless previously approved by the (2) Hurricane Port Condition WHISKEY COTP. Containers carrying hazardous means condition set when weather materials may not be stacked above advisories indicates sustained gale the second tier. All oceangoing com- force winds (39–54 mph/34–47 knots) mercial vessels greater than 500-gross from a tropical or hurricane force tons must prepare to depart ports and storm are predicted to make landfall at anchorages within Tampa Bay. These the port within 72 hours. vessels shall depart immediately upon (3) Hurricane Port Condition X–RAY the setting of Port Condition YANKEE. means condition set when weather During this condition slow-moving ves- advisories indicates sustained gale sels may be ordered to depart to ensure force winds (39–54 mph/34–47 knots) safe avoidance of the incoming storm. from a tropical or hurricane force A COTP Order will be issued to vessels storm are predicted to make landfall at asked to depart early. COTP orders re- the port within 48 hours. quiring vessel departure will be consid- (4) Hurricane Port Condition YANKEE ered on a case-by-case basis. Vessels means condition set when weather that are unable to depart the port must advisories indicate that sustained gale contact the COTP to request and re- force winds (39–54 mph/34–47 knots) ceive permission to remain in port. from a tropical or hurricane force Proof of facility owner/operator ap- storm are predicted to make landfall at proval is required. Vessels with COTP’s the port within 24 hours. permission to remain in port must im- (5) Hurricane Port Condition ZULU plement their pre-approved mooring means condition set when weather arrangement. Terminal operators shall advisories indicate that sustained gale prepare to terminate all cargo oper- force winds (39–54 mph/34–47 knots) ations. The COTP may require addi- from a tropical or hurricane force tional precautions to ensure the safety storm are predicted to make landfall at of the ports and waterways. Coast the port within 12 hours. Guard Port Assessment Teams will be (c) Regulations. (1) Hurricane Port Con- deployed to validate implementation of dition WHISKEY. All vessel and port fa- Port Condition X–RAY. The COTP will cilities must exercise due diligence in convene the Port Heavy Weather Advi- preparation for potential storm im- sory Group (PHWAG) as deemed nec- pacts. Slow-moving vessels may be or- essary. dered to depart to ensure safe avoid- (3) Hurricane Port Condition YANKEE. ance of the incoming storm upon the Affected ports are closed to inbound anticipation of the setting of Port Con- vessel traffic. All oceangoing commer- dition X–RAY. The PHWAG will make cial vessels greater than 500-gross tons

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must have departed Tampa Bay. Appro- Cut ‘‘C’’ Channel LB ‘‘25’’ (LLNR 23445) priate container stacking protocol & ‘‘26’’ (LLNR 23450). must be completed. Terminal operators (2) Zone 2 (East Tampa/Big Bend) must terminate all cargo operations means all navigable waters within a not associated with storm prepara- box marked by the following coordi- tions: cargo operations associated with nates: 27°52′50″ N., 82°23′41″ W.; thence storm preparations include moving to 27°46′36″ N.; 82°24′04″ W.; thence to cargo within or off the port for s 27°46′29″ N., 82°31′21″ W.; thence to ecuring purposes, crane and other port/ 27°52′59″ N., 82°31′24″ W. This zone en- facility equipment preparations, and compasses all navigable waterways be- similar activities, but do not include tween Hillsborough Cut ‘‘C’’ Channel moving cargo onto the port or vessel LB ‘‘25’’ (LLNR 23445) & ‘‘26’’ (LLNR loading/discharging operations unless 23450) to Cut ‘‘6F’’ (LLNR 22830) Chan- specifically authorized by the COTP. nel. All facilities shall continue to operate (3) Zone 3 (Old Tampa Bay) means all in accordance with approved Facility navigable waters within a box marked Security Plans and comply with the re- by the following coordinates: 27°46′29″ quirements of the Maritime Transpor- N., 82°31′21″ W.; 28°01′58″ N., 82°31′39″ W.; tation Security Act (MTSA). Draw- thence to 28°02′01″ N., 82°43′20″ W.; bridges may be closed to vessel traffic thence to 27°46′15″ N., 82°43′24″ W. This as early as eight hours prior to the ar- zone encompasses all navigable water- rival of tropical storm force winds. ways between all of Old Tampa Bay to Coast Guard Port Assessment Teams Cut ‘‘6F’’ (LLNR 22830) Channel. will conduct Port Condition YANKEE (4) Zone 4 (Middle Tampa Bay) means validation. The COTP will convene the all navigable waters within a box Port Heavy Weather Advisory Group marked by the following coordinates: (PHWAG), as deemed necessary. 27°46′34″ N., 82°34′04″ W.; thence to (4) Hurricane Port Condition ZULU. 27°38′40″ N., 82°31′54″ W.; thence to All port waterfront operations are sus- 27°44′38″ N., 82°40′44″ W.; thence to pended, except final preparations that 27°46′15″ N., 82°40′46″ W. This zone en- are expressly permitted by the COTP compasses all navigable waterways be- necessary to ensure the safety of the tween Cut ‘‘6F’’ (LLNR 22830) Channel ports and facilities. Coast Guard Port to Tampa Bay ‘‘1C’’ (LLNR 22590). Assessment Teams will conduct final (5) Zone 5 (Lower Tampa Bay/Man- port assessments. atee) means all navigable waters with- (5) Emergency Restrictions for Other in a box marked by the following co- Disasters. Any natural or other disas- ordinates: 27°44′33″ N., 82°40′37″ W.; ters that are anticipated to affect the thence to 27°58′59″ N., 82°40′34″ W.; Sector St. Petersburg Captain of the thence to 27°36′18″ N., 82°38′57″ W.; Port zone will result in the prohibition thence to 27°34′10″ N., 82°34′50″ W.; of commercial vessel traffic transiting thence to 27°37′56″ N., 82°31′15″ W. This or remaining in the port and/or facility zone encompasses all navigable water- operations. ways between Tampa Bay ‘‘1C’’ (LLNR 22590) to Sunshine Skyway Bridge. [USCG–2014–0764, 80 FR 36715, June 26, 2015] (6) Zone 6 (Mullet Key) means all navigable waters within a box marked § 165.782 Safety Zone; restricted visi- by the following coordinates: 27°38′59″ bility in Tampa Bay. N., 82°40′35″ W.; thence to 27°36′44″ N., (a) Regulated areas. The following 82°44′13″ W.; thence to 27°32′20″ N., areas are established as safety zones 82°44′37″ W.; thence to 27°31′18″ N., during the specified conditions: 82°38′59″ W.; thence to 27°34′09″ N., (1) Zone 1 (Interbay) means all navi- 82°34′53″ W.; thence to 27°36′15″ N., gable waters within a box marked by 82°39′00″ W. This zone encompasses all the following coordinates: 27°52′56″ N., navigable waterways between the Sun- 82°29′44″ W.; thence to 27°52′50″ N., shine Skyway Bridge to Mullet Key 82°23′41″ W.; thence to 27°57′27″ N., Channel LB ‘‘21’’ (LLNR 22365) & ‘‘22’’ 82°23′50″ W. thence to 27°57′19″ N., (LLNR 22370). 82°29′39″ W.. This encompasses all Navi- (7) Zone 7 (Egmont Entrance) means gable waterways North of Hillsborough all navigable waters within the area

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encompassed by the following coordi- (2) All firework platforms, structures nates: 27°36′27″ N., 82°44′14″ W.; thence or barges will also have a sign on their to 27°39′46″ N., 82°44′45″ W.; thence to port and starboard side labeled ‘‘FIRE- 27°39′36″ N., 83°05′10″ W.; thence to WORKS—STAY AWAY’’. This sign will 27°32′29″ N., 83°04′50″ W.; thence to consist of 10-inch high by 1.5-inch wide 27°32′21″ N., 82°44′42″ W. This zone in- red lettering on a white background. cludes the fairway anchorages. Shore fireworks site that affect navi- (8) All coordinates are North Amer- gable waterways will display a sign ican Datum 1983. with the aforementioned specifica- (b) Definition. (1) Designated Rep- tions. resentative means Coast Guard Patrol (b) Definitions. Commanders including Coast Guard Designated Representative means coxswains, petty officers and other offi- Coast Guard Patrol Commanders in- cers operating Coast Guard vessels, and cluding Coast Guard coxswains, petty federal, state, and local officers des- officers and other officers operating ignated by or assisting the COTP, in the enforcement of regulated naviga- Coast Guard vessels, and federal, state, tion areas, safety zones, and security and local officers designated by or as- zones. sisting the COTP, in the enforcement (2) [Reserved] of regulated navigation areas, safety (c) Regulations. (1) Vessel should not zones, and security zones. commence an inbound, shift, or out- Captain of the Port (COTP) for the bound transit during periods where vis- purpose of this section means the Com- ibility is less than one nautical mile manding Officer of Coast Guard Sector due to fog or inclement weather. St. Petersburg. (2) The COTP may open or close Captain of the Port St. Petersburg Zone Tampa Bay or specific zones to vessel is defined in 33 CFR 3.35–35. traffic described in the regulated areas (c) Regulations. (1) All persons and section of this chapter. vessels are prohibited from entering, transiting through, anchoring in, or re- [USCG–2014–0764, 80 FR 36716, June 26, 2015] maining within the regulated area un- § 165.783 Safety Zone; firework dis- less authorized by the Coast Guard plays in Captain of the Port Zone Captain of the Port St. Petersburg or a St. Petersburg, Florida. designated representative. (a) Regulated area. The following area (2) Persons and vessels desiring to is established as a safety zone during enter, transit through, anchor in, or re- the specified conditions: All waters main in the regulated area may con- within the Sector St. Petersburg COTP tact the Captain of the Port St. Peters- Zone up to a 500-yard radius of all fire- burg via telephone at (727)–824–7506, or work platforms, structures or barges a designated representative via VHF during the storage, preparation, and radio on channel 16, to request author- launching of fireworks. Designated rep- ization. If authorization to enter, tran- resentatives may reduce the 500-yard sit through, anchor in, or remain in the zone based on prevailing conditions and regulated area is granted by the Cap- enforcement needs. tain of the Port St. Petersburg or a (1) The Coast Guard realizes that designated representative, all persons some large scale events, such as those and vessels receiving such authoriza- with many participants or spectators, tion must comply with the instructions or those that could severely restrict of the Captain of the Port St. Peters- navigation or pose a significant hazard, burg or a designated representative. may still require separate special local (3) The Coast Guard will provide no- regulations or safety zones that ad- tice of the regulated area via Broadcast dress the specific peculiarities of the event. In those situations, the Coast Notice to Mariners or by on-scene des- Guard will create special local regula- ignated representatives. Fireworks tions or safety zones specifically for platforms, piers, and structures will the event. Those regulations will su- also have signs to notify the public of persede the regulations in this section. the danger and to keep away.

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(4) This section does not apply to au- Zone except vessels that are engaged in thorized law enforcement agencies op- the following operations: erating within the regulated area. (i) Enforcing laws; [USCG–2014–0764, 80 FR 36716, June 26, 2015] (ii) Servicing aids to navigation; and (iii) Emergency response vessels. § 165.784 Safety Zone, Schuylkill River; (7) No person or vessel may enter or Philadelphia, PA remain in a safety zone without the (a) Location. The following area is a permission of the Captain of the Port; safety zone: All waters of the Schuyl- (8) Each person and vessel in a safety kill River in Philadelphia, PA, inside a zone shall obey any direction or order boundary described as originating from of the Captain of the Port; 39°54′50″ N., 075°12′12″ W.; then West to (9) No person may board, or take or 39°54′50″ N., 075°12′15″ W.; then North- place any article or thing on board, east to 39°55′10″ N., 075°12′05″ W.; the any vessel in a safety zone without the East to 39°55′10″ N., 075°12′04″ W.; then permission of the Captain of the Port; back to 39°54′50″ N., 075°12′12″ W. and (b) Enforcement period. (1) This regu- (10) No person may take or place any lation is enforced during times when a article or thing upon any waterfront barge having a beam (width) of up to 80 facility in a safety zone without the feet is moored at the Deloach dock of permission of the Captain of the Port. Philadelphia Energy Solutions near (d) Definitions. The Captain of the Point Breeze. Port means the Commander of Sector (2) Prior to commencing enforcement Delaware Bay or any Coast Guard com- of this regulation, the COTP or des- missioned, warrant, or petty officer ignated on-scene patrol personnel will who has been authorized by the Cap- notify the public whenever the regula- tain of the Port to act on his behalf. tion is being enforced, to include dates (e) Enforcement. The U.S. Coast Guard and times. The means of notification may be assisted in the patrol and en- may include, but are not limited to, forcement of the Safety Zone by Fed- Broadcast Notice to Mariners, Local eral, State, and local agencies. Notice to Mariners, Marine Safety In- formation Bulletins, or other appro- [USCG–2015–0094, 80 FR 52626, Sept. 1, 2015] priate means. (c) Regulations. (1) All persons are re- § 165.785 Security Zone; Presidential Security Zone, Palm Beach, FL. quired to comply with the general regulations governing safety zones in 33 (a) Regulated areas. The following CFR 165.23. areas are security zones: (2) All persons and vessels transiting (1) Center zone. All waters of Lake through the Safety Zone must be au- Worth Lagoon from surface to bottom thorized by the Captain of the Port or within the following points: Beginning his representative. at Point 1 in position 26°41′21″ N, (3) All persons or vessels wishing to 80°02′39″ W; thence east to Point 2 in po- transit through the Safety Zone must sition 26°41′21″ N, 80°02′13″ W; thence request authorization to do so from the south following the shoreline to Point Captain of the Port or his representa- 3 in position 26°39′58″ N, 80°02′20″ W; tive 30 minutes prior to the intended thence west to Point 4 in position time of transit. 26°39′58″ N, 80°02′38″ W, thence back to (4) Vessels granted permission to origin at Point 1. transit must do so in accordance with (2) West zone. All waters of Lake the directions provided by the Captain Worth Lagoon from surface to bottom of the Port or his representative to the within the following points: Beginning vessel. at Point 1 in position 26°41′21″ N, (5) To seek permission to transit the 80°02′39″ W; thence west to Point 2 in Safety Zone, the Captain of the Port or position 26°41′21″ N, 80°03′00″ W; thence his representative can be contacted via south following the shoreline to Point Sector Delaware Bay Command Center 3 in position 26°39′58″ N, 80°02′55″ W; (215) 271–4940. thence east to Point 4 in position (6) This section applies to all vessels 26°39′58″ N, 80°02′38″ W, thence back to wishing to transit through the Safety origin at Point 1.

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(3) East zone. All waters of the Atlan- instructions of the COTP Miami or the tic Ocean from surface to bottom with- designated representative. in the following points: Beginning at (d) Enforcement period. This section Point 1 in position 26°41′21″ N, 80°02′01″ will be enforced when the President of W; thence south following the shoreline the United States, members of the to Point 2 in position 26°39′57″ N, First Family, or other persons under 80°2′09’’W; thence east to Point 3 in po- the protection of the Secret Service sition 26°39′57″ N, 80°01′36″ W; thence are present or expected to be present at north to Point 4 in position 26°41′22″ N, the Mar-a-Lago Club in Palm Beach, 80°01′29″ W, thence back to origin at Florida. The Coast Guard will rely on Point 1. the methods described in § 165.7 to no- (b) Definition. The term ‘‘designated tify the public prior to activation of representative’’ means Coast Guard Pa- any of the security zones described in trol Commanders, including Coast paragraph (a) of this section. Coast Guard coxswains, petty officers, and Guard patrol assets will also be on- other officers operating Coast Guard scene with flashing energized blue vessels, as well as Federal, state, and lights when the center, west, or east security zone is in effect. local officers designated by or assisting the COTP Miami with enforcing the se- [USCG–2017–0016, 83 FR 17298, Apr. 19, 2018] curity zone. (c) Regulations—(1) Center zone. All § 165.786 Safety Zone; recurring marine events, Sector Key West, Flor- persons and vessels are prohibited from ida. entering, transiting, anchoring in, or remaining within the security zone un- (a) Regulations. (1) In accordance with less authorized by the COTP Miami or 33 CFR 165.23, entering, transiting a designated representative. through, anchoring in, or remaining within the safety zones listed in the (2) West zone. All persons and vessels Table to § 165.786 during periods of en- are required to transit the security forcement is prohibited unless author- zone escorted by an on-scene des- ized by the Captain of the Port (COTP) ignated representative at a steady Sector Key West or a designated rep- speed and may not slow down or stop resentative. except in the case of unforeseen me- (2) These regulations will be enforced chanical failure or other emergency. for the duration of each event. Notifi- Any persons or vessels forced to slow cations of exacts dates and times of the or stop in the zone shall immediately enforcement period will be made to the notify the COTP Miami via VHF chan- local maritime community through the nel 16. Local Notice to Mariners and Broad- (3) East zone. All persons and vessels cast Notice to Mariners and through a are required to transit the security Notice of Enforcement in the FEDERAL zone at a steady speed and may not REGISTER well in advance of the events. slow down or stop except in the case of Mariners should consult the FEDERAL unforeseen mechanical failure or other REGISTER or their Local Notice to emergency. Any persons or vessels Mariners to remain apprised of sched- forced to slow or stop in the zone shall ule their Local Notice to Mariners to immediately notify the COTP Miami remain apprised of schedule or event via VHF channel 16. changes. (4) Contacting Captain of the Port. Per- (3) During periods of enforcement, sons who must notify or request au- upon being hailed by a Coast Guard thorization from the COTP Miami may vessel by siren, radio, flashing light or do so by telephone at (305)535–4472 or other means, the operator must pro- may contact a designated representa- ceed as directed. tive via VHF radio on channel 16. If au- (4) Vessel operators desiring to enter, thorization to enter, transit through, transit through, anchor in, or remain anchor in, or remain within the secu- within the regulated area during the rity zone is granted by the COTP enforcement period shall contact the Miami or a designated representative, COTP Sector Key West or the des- all persons and vessels receiving such ignated on-scene representative via authorization must comply with the VHF channel 16 or call the Sector Key

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West Command Center at (305) 292–8727 to ensure safety of life or property. to obtain permission. Such action may be justified as a re- (b) Definition. The term ‘‘designated sult of weather, traffic density, spec- representative’’ means Coast Guard Pa- tator operation, or participant behav- trol Commanders, including Coast ior. Guard coxswains, petty officers, and (d) The regulated area for all marine other officers operating Coast Guard events listed in Table 1 of § 165.786 is vessels, and Federal, state, and local that area of navigable waters within 50 officers designated by or assisting the yards in front of the lead safety vessel COTP Key West in the enforcement of preceding the first event participants, the regulated areas. 50 yards behind the safety vessel trail- (c) The COTP Key West or designated ing the last event participants, and at representative may delay or terminate all times extend 100 yards on either any event in this subpart at any time side of safety vessels.

TABLE TO § 165.786 [Datum NAD 1983]

4.0 APRIL

4.1 Key West Paddle Board Classic ...... Event Type: Paddle Event. Sponsor: Lazy Dog Adventure Outfitters. Dates: A one day event held on the last weekend in April. Time (Approximate): 9:00 a.m. to 4:00 p.m., daily. Location(s): Begins at Higgs Beach in Key West, Florida at a point Latitude 24°32.81′ N, longitude 081°47.20′ W, thence west offshore of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′ W, thence north through Key West Harbor to latitude 24°34.10′ N, longitude 081°48.14′ W, thence east through Fleming Cut to latitude 24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to point of origin at latitude 24°32.81′ N, longitude 081°47.20′ W.

6.0 JUNE

6.1 FKCC Swim Around Key West ...... Event Type: Swim Event. Sponsor: Florida Keys Community College. Dates: A one day event held on a Saturday in June. Time (Approximate): 7:30 a.m. to 4:00 p.m.

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TABLE TO § 165.786—Continued [Datum NAD 1983]

Location(s): Begins at Smathers Beach in Key West, Florida at a point Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′ W, thence north through Key West Harbor to latitude 24°34.10′ N, longitude 081°48.14′ W, thence east through Fleming Cut to latitude 24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.

6.2 Annual Swim Around Key West ...... Event Type: Swim Event. Sponsor: Key West Athletic Association. Dates: A one day event held on a Saturday in June. Time (Approximate): 7:30 a.m. to 4:00 p.m. Location(s): Begins at Smathers Beach in Key West, Florida at a point Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′ W, thence north through Key West Harbor to latitude 24°34.10′ N, longitude 081°48.14′ W, thence east through Fleming Cut to latitude 24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.

7.0 JULY

7.1 Hemingway Paddle Board Race ...... Event Type: Paddle Event. Sponsor: Hemingway Sunset Run LLC. Dates: A one day event held on the 2nd or 3rd Saturday in July. Time (Approximate): 6:00 p.m. to 7:30 p.m. Location(s): Begins at Higgs Beach in Key West, Florida at a point Latitude 24°32.79′ N, longitude 081°47.74′ W, thence east to latitude 24°32.56′ N, longitude 081°47.11′ W, thence east to latitude 24°33.01′ N, longitude 081°46.47′ W, thence west to latitude 24°32.56′ N, longitude 081°47.11′ W, and thence west to point of origin at latitude 24°32.79′ N, longitude 081°47.74′ W.

9.0 SEPTEMBER

9.1 Swim for Alligator Lighthouse ...... Event Type: Swim Event. Sponsor: Friends of the Pool. Dates: A one day event held on the 3rd Satur- day in September.

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TABLE TO § 165.786—Continued [Datum NAD 1983]

Time (Approximate): 7:30 a.m. to 4:30 p.m. Location(s) (Primary): Beginning at a point Latitude 24°54.82′ N, longitude 080°38.03′ W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to latitude 24°51.07′ N, longitude 080°37.14′ W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W. Location(s) (Alternate)1: Beginning at a point Latitude 24°54.82′ N, longitude 080°38.03′ W, thence to latitude 24°53.25′ N, longitude 080°37.04′ W, thence to latitude 24°52.05′ N, longitude 080°38.85′ W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.

[USCG–2017–0159, 83 FR 16782, Apr. 17, 2018] (3) If permission is granted, all persons and vessels shall comply with the EIGHTH COAST GUARD DISTRICT instructions of the COTP or designated representative while navigating in the § 165.T08–0067 Safety Zone; Lake of the Ozarks, Mile .5 on the Main regulated area. Channel of the Lake of the Ozarks (d) Informational broadcasts. The near Bagnel Dam, Lake Ozark, MO COTP or a designated representative (a) Location. The following area is a will inform the public of the enforce- safety zone: Lake of the Ozarks, within ment date and times for this safety a 420-foot radius around a fireworks zone, as well as any emergent safety barge located at mile marker .5 on the concerns that may delay the enforce- main channel of the Lake of the Ozarks ment of the zone through Local Notices near Bagnel Dam in Lake Ozark, MO. to Mariners (LNM). (b) Period of enforcement. This section [USCG–2020–0067, 85 FR 35003, June 8, 2020] is effective from 9:15 p.m. through 10:15 EFFECTIVE DATE NOTE: By USCG–2020–0067, p.m. on May 23, June 20, June 27, July 85 FR 35003, June 8, 2020, § 165.T08–0067 was 4, July 11, July 18, July 25, August 1, added, effective June 8, 2020 through August August 8, and August 15, 2020. 15, 2020. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of § 165.T08–0203 Safety Zone; Pensacola this part, persons and vessels are pro- Bay Bridge, Pensacola Beach, FL hibited from entering the safety zone (a) Location. The following area is a unless authorized by the Captain of the safety zone: All navigable waters with- Port Sector Upper Mississippi River in 100 yards from the pilings, work (COTP) or a designated representative. equipment, and structures of the Pen- A designated representative is a com- sacola Bay Bridge, Pensacola Beach, missioned, warrant, or petty officer of FL. the U.S. Coast Guard assigned to units (b) Enforcement period. This section under the operational control of USCG will be enforced from April 27, 2020 Sector Upper Mississippi River. until December 31, 2021. (2) Persons or vessels desiring to (c) Regulations. (1) The general regu- enter into or pass through the zone lations contained in § 165.23 as well as must request permission from the the regulations in this section apply to COTP or a designated representative. the regulated area. They may be contacted by telephone at (2) Entry into this zone is prohibited 314–269–2332. unless authorized by the Captain of the

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Port Sector Mobile (COTP) or a des- COTP’s representative by telephone at ignated representative. 502–779–5422 or on VHF–FM channel 16. (3) Persons or vessels seeking to (3) Persons and vessels permitted to enter into or transit through the zone enter the safety zone must transit at must request permission from the their slowest safe speed and comply COTP or a designated representative. with all lawful directions issued by the They may be contacted on VHF–FM COTP or the designated representative. channels 15 and 16 or by telephone at (e) Information broadcasts. The COTP 251–441–5976. or a designated representative will in- (4) If permission is granted, all perform the public when the safety zone is sons and vessels must comply with the being enforced via a Broadcast Notices instructions of the COTP or designated to Mariners. representative. (d) Informational broadcasts. The EFFECTIVE DATE NOTE: By USCG–2019–0486, COTP or a designated representative 84 FR 67189, Dec. 9, 2019, § 165.T08–0486 was will inform the public through broad- added, effective Dec. 9, 2019 through Dec. 1, 2020. cast notices to mariners of the enforcement period for the safety zone. § 165.T08–0614 Safety Zone; Neches [USCG–2020–0203, 85 FR 33568, June 2, 2020] River, Beaumont, TX.

EFFECTIVE DATE NOTE: By USCG–2020–0203, (a) Location. The following area is a 85 FR 33568, June 2, 2020, § 165.T08–0203 was safety zone: All navigable waters ex- added, effective June 2, 2020, through Dec. 31, tending 500-feet on either side of the 2021. Kansas City Southern Railroad Bridge that crosses the Neches River in Beau- § 165.T08–0486 Safety Zone; Ohio mont, TX in approximate location River, Brookport, IL. 30°04′54.8″ N 094°05′29.4″ W. (a) Location. The safety zone will (b) Effective period. This section is ef- cover all navigable waters of the Ohio fective on February 1, 2020, through River from mile marker (MM) 937 to midnight on December 31, 2020, or until MM 941. missing and/or damaged fendering sys- (b) Effective period. This section is ef- tems are repaired or replaced, which- fective without actual notice from De- ever occurs first. cember 9, 2019 through December 1, (c) Regulations. (1) No vessel may 2020. For the purposes of enforcement, enter or remain in the safety zone ex- actual notice will be used from Decem- cept: ber 3, 2019 through December 9, 2019 (i) A vessel less than 65 feet in length (c) Enforcement period. This section and not engaged in towing; or will be enforced at midday each day from December 3, 2019 through Decem- (ii) A vessel authorized by the Cap- ber 1, 2020, as necessary to facilitate tain of the Port Marine Safety Unit safe demolition operations. Port Arthur (COTP) or a designated (d) Regulations. (1) In accordance with representative. the general regulations in § 165.23, (2) Persons and vessels desiring to entry of vessels or persons into the enter the safety zone must request per- zone is prohibited unless specifically mission from the COTP or a designated authorized by the Captain of the Port representative. They may be contacted Sector Ohio Valley (COTP) or des- through Vessel Traffic Service (VTS) ignated representative. A designated on channels 65A or 13 VHF–FM, or by representative is a commissioned, war- telephone at (409) 719–5070. rant, or petty officer of the U.S. Coast (3) Permission to transit through the Guard assigned to units under the oper- bridge will be based on weather, tide ational control of USCG Sector Ohio and current conditions, vessel size, Valley. horsepower, and availability of assist (2) Vessels requiring entry into the vessels. All persons and vessels per- safety zone must request permission mitted to enter this temporary safety from the COTP or a designated rep- zone shall comply with the lawful or- resentative. To seek entry into the ders or directions given to them by safety zone, contact the COTP or the COTP or a designated representative.

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(4) Intentional or unintentional con- tice will be used from July 11, 2018 tact with any part of the bridge or as- through July 18, 2018. sociated structure, including fendering EFFECTIVE DATE NOTE: By USCG–2017–0914, systems, support columns, spans or any 83 FR 33844, July 18, 2018, § 165.T08–0914 was other portion of the bridge, is strictly added, effective July 18, 2018 through Jan. 31, prohibited. Report any contact with 2023. the bridge or associated structures immediately to VTS Port Arthur on § 165.T08–0998 Safety Zone; Pensacola channels 65A, 13 or 16 VHF–FM or by Bay, Pensacola, FL. telephone at (409) 719–5070. (a) Location. The following area is a (d) Informational broadcasts. The temporary safety zone: All navigable Coast Guard will inform the public waters of the Pensacola Bay within 500 through public of the effective period yards of the construction of the new of this safety zone through VTS Pensacola Bay Bridge. Advisories, Broadcast Notices to Mari- (b) Enforcement period. This section ners (BNMs), Local Notice to Mariners will be enforced from February 7, 2018 (LNMs), and/or Marine Safety Informa- through December 31, 2020. tion Bulletins (MSIBs) as appropriate. (c) Regulations. In accordance with the general regulations in § 165.23, per- EFFECTIVE DATE NOTE: At 85 FR 2307, Jan. sons and vessels entering this safety 15, 2020, § 165.T08–0614 was added, effective zone must transit at idle or the slowest Feb. 1, 2020, through Dec. 31, 2020. safe speed and comply with all lawful § 165.T08–0914 Safety Zone; Taylor directions issued by the Captain of the Bayou Turning Basin, Port Arthur, Port Sector Mobile (COTP) or a des- TX. ignated representative. (d) Informational broadcasts. The (a) Location. The following area is a COTP or a designated representative safety zone: Navigable waters of Taylor will inform the public through broad- Bayou Turning Basin north of latitude cast notices to mariners of the enforce- 29°50′57.45′ N. These coordinates are ment period for the temporary safety based on WGS 84. zone as well as any changes in the (b) Definition. As used in this section, planned schedule. a designated representative means a Coast Guard coxswain, officer or petty EFFECTIVE DATE NOTE: At 83 FR 6968, Feb. officer, or a federal, state or local offi- 16, 2018, temporary § 165.T08–0998 was added, cer designated by or assisting the Cap- effective from Feb. 16, 2018, until Dec. 31, 2020. tain of the Port Marine Safety Unit Port Arthur (COTP) in the enforcement § 165.T846 Safety Zone; Lower Mis- of the safety zone. sissippi River, Ohio River, and (c) Regulations. (1) Under the general Upper Mississippi River, Bird’s safety zone regulations in § 165.23 of Point-New Madrid Floodway. this part, you may not enter the safety (a) Location. The temporary safety zone described in paragraph (a) of this zone will encompass all navigable section unless authorized by the COTP waters of the Lower Mississippi River or a designated representative. from mile marker (MM) 953.8 to MM (2) To request permission to enter, 887.0, the Upper Mississippi River from contact COTP or a designated rep- MM 0.0 to MM 3.0, and the Ohio River resentative on VHF–FM channel 16, or from MM 981.5 to MM 978.5. contact Vessel Traffic Service (VTS) (b) Regulations. (1) In accordance with Port Arthur on VHF–FM channel 65A the general regulations in § 165.23 of or by telephone at 409–719–5070. Those this part, entry into, transiting, or an- persons or vessels permitted to enter choring within this temporary safety the safety zone must comply with all zone is prohibited unless authorized by lawful directions given by the COTP or the Captain of the Port Sector Ohio a designated representative. Valley (COTP) or a designated rep- (d) Enforcement date. This rule is ef- resentative. fective without actual notice from July (2) To seek permission to enter, con- 18, 2018 through January 31, 2023. For tact the COTP or a designated rep- the purposes of enforcement, actual no- resentative by radio VHF–FM Channel

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16 or via phone at 502–779–5422. Those in (a) In accordance with the general the safety zone must comply with all regulations in § 165 of this part, entry lawful orders or directions given to into this zone is prohibited unless au- them by the COTP or a designated rep- thorized by the Captain of the Port or resentative. a designated representative. (c) Enforcement period. The COTP or a (b) Persons or vessels desiring to designated representative will inform enter into or passage through the zone the public of the enforcement date and must request permission from the Cap- times for this safety zone, as well as tain of the Port or a designated rep- any emergent safety concerns that resentative. may delay the enforcement of the zone (c) If permission is granted, all per- through Local Notices to Mariners sons and vessels shall comply with the (LNMs), and/or actual notice. instructions of the Captain of the Port or designated representative. Des- [USCG–2019–0123, 84 FR 29069, June 21, 2019] ignated representatives include commissioned, warrant, and petty officers § 165.801 Annual fireworks displays of the U.S. Coast Guard. and other events in the Eighth (d) Informational broadcasts: The Cap- Coast Guard District requiring safe- tain of the Port or a designated rep- ty zones. resentative will inform the public The Coast Guard is establishing safe- through broadcast notices to mariners ty zones for the annual fireworks dis- of the enforcement period for the safe- plays and other events requiring safety ty zone as well as any changes in the zones listed in the table to § 165.801. planned schedule.

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

Sector Ohio Val- Date Sponsor/name ley location Safety zone

1. 3 days—Third or Fourth week- Henderson Breakfast Lions Club Henderson, KY.. Ohio River, Miles 802.5–805.5 end in April. Tri-Fest. (Kentucky). 2. Multiple days—April through No- Pittsburgh Pirates Season Fire- Pittsburgh, PA... Allegheny River, Miles 0.2–0.9 vember. works. (Pennsylvania). 3. Multiple days—April through No- Cincinnati Reds Season Fireworks Cincinnati, OH ... Ohio River, Miles 470.1–470.4; vember. extending 500 ft. from the State of Ohio shoreline (Ohio). 4. Multiple days—April through No- Pittsburgh Riverhounds Season Pittsburgh, PA ... Monongahela River, Miles 0.22– vember. Fireworks. 0.77 (Pennsylvania). 5. 1 day—First week in May ...... Belterra Park Gaming Fireworks ... Cincinnati, OH ... Ohio River, Miles 460.0–462.0 (Ohio). 6. 3 days in May ...... U.S. Rowing Southeast Youth Oak Ridge, TN .. Clinch River, Miles 48.5–52 (Ten- Championship Regatta. nessee). 7. 1 day—One Friday in May prior Live on the Levee Memorial Day Charleston, WV Kanawha River, Mile 58.1–59.1 to Memorial Day. Fireworks/City of Charleston. (West Virginia). 8. 1 day—Saturday before Memo- Venture Outdoors Festival ...... Pittsburgh, PA ... Allegheny River, Miles 0.0–0.25; rial Day. Monongahela River, Miles 0.0– 0.25 (Pennsylvania). 9. 3 days in June ...... CMA Festival ...... Nashville, TN ..... Cumberland River, Miles 190.7– 191.1 extending 100 feet from the left descending bank (Ten- nessee). 10. 1 day in June ...... Cumberland River Compact/Nash- Nashville, TN..... Cumberland River, Miles 189.7– ville Splash Bash. 192.1 (Tennessee). 11. 2 days—A weekend in June .... Rice’s Landing Riverfest ...... Rice’s Landing, Monongahela River, Miles 68.0– PA. 68.8 (Pennsylvania). 12. 2 days—Second Friday and City of Newport, KY/Italianfest ...... Newport, KY ...... Ohio River, Miles 468.6–471.0 Saturday in June. (Kentucky and Ohio). 13. 1 day in June ...... Friends of the Festival, Inc./ Chattanooga, TN Tennessee River, Miles 462.7– Riverbend Festival Fireworks. 465.2 (Tennessee). 14. 1 day—Second or Third week TriState Pottery Festival Fireworks East Liverpool, Ohio River, Miles 42.5–45.0 of June. OH. (Ohio). 15. 3 days—One of the last three Hadi Shrine/Evansville Freedom Evansville, IN .... Ohio River, Miles 790.0–796.0 (In- weekends in June. Festival Air Show. diana). 16. 1 day—One weekend in June West Virginia Symphony Orches- Charleston, WV Kanawha River, Miles 59.5–60.5 tra/Symphony Sunday. (West Virginia). 17. 1 day—Last weekend in June Riverview Park Independence Louisville, KY..... Ohio River, Miles 617.5–620.5 or first weekend in July. Festival. (Kentucky).

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

Sector Ohio Val- Date Sponsor/name ley location Safety zone

18. 1 day—Last weekend in June City of Point Pleasant/Point Pleas- Point Pleasant, Ohio River, Miles 265.2–266.2, or First weekend in July. ant Sternwheel Fireworks. WV. Kanawha River Miles 0.0–0.5 (West Virginia). 19. 1 day—Last weekend in June City of Aurora/Aurora Firecracker Aurora, IN ...... Ohio River, Mile 496.7; 1400 ft. or first weekend in July. Festival. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (In- diana and Kentucky). 20. 1 day—Last week of June or PUSH Beaver County/Beaver Beaver, PA...... Ohio River, Miles 25.2–25.6 first week of July. County Boom. (Pennsylvania). 21. 1 day—Last weekend in June Evansville Freedom Celebration/ Evansville, IN .... Ohio River, Miles 790.0–796.0 (In- or first week in July. 4th of July Fireworks. diana). 22. 1 day—Last week in June or Newburgh Fireworks Display ...... Newburgh, IN .... Ohio River, Miles 777.3–778.3 (In- first week of July. diana). 23. 1 day—Last week in June or Rising Sun Fireworks ...... Rising Sun, IN ... Ohio River, Miles 506.0–507.0 (In- First week in July. diana). 24. 1 day—Weekend before the Kentucky Dam Marine/Kentucky Gilbertsville, KY 350 foot radius, from the fireworks 4th of July. Dam Marina Fireworks. launch site, on the entrance jetties at Kentucky Dam Marina, on the Tennessee River at Mile Marker 23 (Kentucky). 25. 1 day in July ...... Town of Cumberland City/Lighting Cumberland City, Cumberland River, Miles 103.0– up the Cumberlands. TN. 105.5 (Tennessee). 26. 1 day in July ...... Chattanooga Presents/Pops on Chattanooga, TN Tennessee River, Miles 462.7– the River. 465.2 (Tennessee). 27. 1 day in July ...... Randy Boyd/Independence Cele- Knoxville, TN..... Tennessee River, Miles 625.0– bration Fireworks Display. 628.0 (Tennessee). 28. 1 day—July 3rd ...... Moors Resort and Marina/Ken- Gilbertsville, KY 600 foot radius, from the fireworks tucky Lake Big Bang. launch site, on the entrance jetty to Moors Resort and Ma- rina, on the Tennessee River at mile marker 30.5. (Kentucky). 29. 1 day—3rd or 4th of July ...... City of Paducah, KY ...... Paducah, KY ..... Ohio River, Miles 934.0–936.0; Tennessee River, Miles 0.0–1.0 (Kentucky). 30. 1 day—3rd or 4th of July ...... City of Hickman, KY/Town of Hick- Hickman, KY ..... 700 foot radius from GPS coordi- man Fireworks. nate 36°34.5035 N, 089°11.919 W, in Hickman Harbor located at mile marker 921.5 on the Lower Mississippi River (Ken- tucky). 31. 1 day—July 4th ...... City of Knoxville/Knoxville Festival Knoxville, TN..... Tennessee River, Miles 646.3– on the 4th. 648.7 (Tennessee). 32. 1 day in July ...... Nashville NCVC/Independence Nashville, TN..... Cumberland River, Miles 189.7– Celebration. 192.3 (Tennessee). 33. 1 day in July ...... Shoals Radio Group/Spirit of Free- Florence, AL...... Tennessee River, Miles 254.5– dom Fireworks. 257.4 (Alabama). 34. 1 day—4th of July (Rain Monongahela Area Chamber of Monongahela, Monongahela River, Miles 032.0– date—July 5th). Commerce/Monongahela 4th of PA. 033.0 (Pennsylvania). July Celebration. 35. 1 day—July 4th ...... Cities of Cincinnati, OH and New- Newport, KY...... Ohio River, Miles 469.6–470.2 port, KY/July 4th Fireworks. (Kentucky and Ohio). 36. 1 day—July 4th ...... Wellsburg 4th of July Committee/ Wellsburg, WV .. Ohio River, Miles 73.5–74.5 (West Wellsburg 4th of July Freedom Virginia). Celebration. 37. 1 day—week of July 4th ...... Wheeling Symphony fireworks ...... Wheeling, WV ... Ohio River, Miles 90–92 (West Virginia). 38. 1 day—First week or weekend Summer Motions Inc./Summer Ashland, KY...... Ohio River, Miles 322.1–323.1 in July. Motion. (Kentucky). 39. 1 day—week of July 4th ...... Chester Fireworks ...... Chester, WV ...... Ohio River mile 42.0–44.0 (West Virginia). 40. 1 day—First week of July ...... Toronto 4th of July Fireworks ...... Toronto, OH ...... Ohio River, Mile 58.2–58.8 (Ohio). 41. 1 day—First week of July ...... Cincinnati Symphony Orchestra ... Cincinnati, OH ... Ohio River, Miles 460.0–462.0 (Ohio). 42. 1 day—First weekend or week Queen’s Landing Fireworks ...... Greenup, KY ..... Ohio River, Miles 339.3–340.3 in July. (West Virginia). 43. 1 day—First week or weekend Gallia County Chamber of Com- Gallipolis, OH.... Ohio River, Miles 269.5–270.5 in July. merce/Gallipolis River Recre- (Ohio). ation Festival.

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

Sector Ohio Val- Date Sponsor/name ley location Safety zone

44. 1 day—First week or weekend Kindred Communications/Dawg Huntington, WV Ohio River, Miles 307.8–308.8 in July. Dazzle. (West Virginia). 45. 1 day—First week or weekend Greenup City...... Greenup, KY..... Ohio River, Miles 335.2–336.2 in July. (Kentucky). 46. 1 day—First week or weekend Middleport Community Association Middleport, OH .. Ohio River, Miles 251.5–252.5 in July. (Ohio). 47. 1 day—First week or weekend People for the Point Party in the South Point, OH Ohio River, Miles 317–318 (Ohio). in July. Park. 48. 1 day—One of the first two City of Bellevue, KY/Bellevue Bellevue, KY...... Ohio River, Miles 468.2–469.2 weekends in July. Beach Park Concert Fireworks. (Kentucky & Ohio). 49. 1 day— First Week of July ...... Pittsburgh 4th of July Celebration Pittsburgh, PA ... Ohio River, Miles 0.0–0.5, Alle- gheny River, Miles 0.0–0.5, and Monongahela River, Miles 0.0– 0.5 (Pennsylvania). 50. 1 day—First week or weekend City of Charleston/City of Charles- Charleston, WV Kanawha River, Miles 58.1–59.1 in July. ton Independence Day Celebra- (West Virginia). tion. 51. 1 day—First week or weekend Portsmouth River Days ...... Portsmouth, OH Ohio River, Miles 355.5–357.0 in July. (Ohio). 52. 1 day—During the first week of Louisville Bats Baseball Club/Lou- Louisville, KY..... Ohio River, Miles 602.0–605.0 July. isville Bats Firework Show. (Kentucky). 53. 1 day—During the first week of Waterfront Independence Festival/ Louisville, KY..... Ohio River, Miles 602.0–605.0 July. Louisville Orchestra Waterfront (Kentucky). 4th. 54. 1 day—During the first week of Celebration of the American Spirit Owensboro, KY Ohio River, Miles 754.0–760.0 July. Fireworks/All American 4th of (Kentucky). July. 55. 1 day—During the first week of Riverfront Independence Festival New Albany, IN Ohio River, Miles 606.5–609.6 (In- July. Fireworks. diana). 56. 1 day in July ...... Grand Harbor Marina/Grand Har- Counce, TN ...... Tennessee-Tombigbee Waterway, bor Marina July 4th Celebration. Miles 448.5–451.0 (Tennessee). 57. 1 day—During the first two City of Maysville Fireworks ...... Maysville, KY ..... Ohio River, Miles 408–409 (Ken- weeks of July. tucky). 58. 1 day—One of the first two Madison Regatta, Inc./Madison Madison, IN ...... Ohio River, Miles 554.0–561.0 (In- weekends in July. Regatta. diana). 59. 1 day—Third Saturday in July Pittsburgh Irish Rowing Club/St. Pittsburgh, PA ... Ohio River, Miles 7.0–9.0 (Penn- Brendan’s Cup Currach Regatta. sylvania). 60. 1 day—Third or fourth week in Upper Ohio Valley Italian Heritage Wheeling, WV ... Ohio River, Miles 90.0–90.5 (West July. Festival/Upper Ohio Valley Virginia). Italian Heritage Festival Fire- works. 61. 1 day—Saturday Third or Oakmont Yacht Club/Oakmont Oakmont, PA ..... Allegheny River, Miles 12.0–12.5 Fourth full week of July (Rain Yacht Club Fireworks. (Pennsylvania). date—following Sunday). 62. 2 days—One weekend in July Marietta Riverfront Roar Fireworks Marietta, OH ...... Ohio River, Miles 171.6–172.6 (Ohio). 63. 1 Day in July ...... Three Rivers Regatta ...... Knoxville, TN ..... Tennessee River, Miles 642–653 (Tennessee). 64. 1 day—Last weekend in July Fort Armstrong Folk Music Fes- Kittanning, PA ... Allegheny River, Mile 45.1–45.5 or first weekend in August. tival. (Pennsylvania). 65. 1 day—First week of August ... Kittaning Folk Festival ...... Kittanning, PA ... Allegheny River, Miles 44.0–46.0 (Pennsylvania). 66. 1 day—First week in August ... Gliers Goetta Fest LLC ...... Newport, KY ...... Ohio River, Miles 469.0–471.0. 67. 1 day—First or second week of Bellaire All-American Days ...... Bellaire, OH ...... Ohio River, Miles 93.5–94.5 August. (Ohio). 68. 1 day—Second full week of PA FOB Fireworks Display ...... Pittsburgh, PA ... Allegheny River, Miles 0.8–1.0 August. (Pennsylvania). 69. 1 day—Second Saturday in Guyasuta Days Festival/Borough Pittsburgh, PA... Allegheny River, Miles 005.5– August. of Sharpsburg. 006.0 (Pennsylvania). 70. 1 day—In the Month of August Pittsburgh Foundation/Bob O’Con- Pittsburgh, PA ... Ohio River, Mile 0.0–0.5 (Pennsyl- nor Cookie Cruise. vania). 71. 1 day—Third week of August .. Beaver River Regatta Fireworks ... Beaver, PA ...... Ohio River, Miles 25.2–25.8 (Pennsylvania). 72. 1 day—One weekend in Au- Parkersburg Homecoming Fes- Parkersburg, WV Ohio River, Miles 183.5–185.5 gust. tival-Fireworks. (West Virginia). 73. 1 day—One weekend in Au- Ravenswood River Festival ...... Ravenswood, Ohio River, Miles 220–221 (West gust. WV. Virginia).

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

Sector Ohio Val- Date Sponsor/name ley location Safety zone

74. 1 day—The second or third Green Turtle Bay Resort/Grand Grand Rivers, 420 foot radius, from the fireworks weekend of August. Rivers Marina Day. KY. launch site, at the entrance to Green Turtle Bay Resort, on the Cumberland River at mile marker 31.5. (Kentucky). 75. 1 day—last 2 weekends in Au- Wheeling Dragon Boat Race ...... Wheeling, WV ... Ohio River, Miles 90.4–91.5 (West gust/first week of September. Virginia). 76. Sunday, Monday, or Thursday Pittsburgh Steelers Fireworks ...... Pittsburgh, PA ... Allegheny River, Miles 0.0–0.25, from August through February. Ohio River, Miles 0.0–0.1, Monongahela River, Miles 0.0– 0.1. (Pennsylvania). 77. 1 day—Labor Day ...... Portsmouth Labor Day Fireworks/ Portsmouth, OH Ohio River, Mile 355.8–356.8 Hamburg Fireworks. (Ohio). 78. 1 day—one weekend before Riverfest/Riverfest Inc ...... Nitro, WV ...... Kanawha River, Miles 43.1–44.2 Labor Day. (West Virginia). 79. 2 days—Sunday before Labor Cincinnati Bell, WEBN, and Proc- Cincinnati, OH... Ohio River, Miles 469.2–470.5 Day and Labor Day. tor and Gamble/Riverfest. (Kentucky and Ohio) and Lick- ing River, Miles 0.0–3.0 (Ken- tucky). 80. 1 day—Labor Day or first week Labor Day Fireworks Show ...... Marmet, WV ...... Kanawha River, Miles 67.5–68 of September. (West Virginia). 81. 1 day in September ...... Nashville Symphony/Concert Fire- Nashville, TN ..... Cumberland River, Miles 190.1– works. 192.3 (Tennessee). 82. 1 day—Second weekend in City of Clarksville/Clarksville Clarksville, TN ... Cumberland River, Miles 124.5– September. Riverfest. 127.0 (Tennessee). 83. 3 days—Second or third week Wheeling Heritage Port Wheeling, WV ... Ohio River, Miles 90.2–90.7 (West in September. Sternwheel Festival Foundation/ Virginia). Wheeling Heritage Port Sternwheel Festival. 84. 1 day—One weekend in Sep- Boomtown Days—Fireworks ...... Nitro, WV ...... Kanawha River, Miles 43.1–44.2 tember. (West Virginia). 85. 1 day—One weekend in Sep- Ohio River Sternwheel Festival Marietta, OH...... Ohio River, Miles 171.5–172.5 tember. Committee fireworks. (Ohio). 86. 1 day—One weekend in Sep- Tribute to the River ...... Point Pleasant, Ohio River, Miles 264.6–265.6 tember. WV. (West Virginia). 87. 1 day—One weekend in Sep- Aurora Fireworks...... Aurora, IN...... Ohio River, Mile 496.3–497.3 tember. (Ohio). 88. 1 day—Last two weekends in Cabana on the River ...... Cincinnati, OH ... Ohio River, Mile 483.2–484.2 September. (Ohio). 89. Multiple days—September University of Pittsburgh Athletic Pittsburgh, PA... Ohio River, Miles 0.0–0.1, through January. Department/University of Pitts- Monongahela River, Miles 0.0– burgh Fireworks. 0.1, Allegheny River, Miles 0.0– 0.25 (Pennsylvania). 90. 1 day—First three weeks of Leukemia & Lymphoma Society/ Pittsburgh, PA... Ohio River, Mile 0.0–0.5, Alle- October. Light the Night. gheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0– 0.5 (Pennsylvania). 91. 1 day in October ...... Leukemia and Lymphoma Society/ Nashville, TN ..... Cumberland River, Miles 189.7– Light the Night Walk Fireworks. 192.1 (Tennessee). 92. 1 day—First two weeks in Oc- Yeatman’s Fireworks...... Cincinnati, OH... Ohio River, Miles 469.0–470.5 tober. (Ohio). 93. 1 day in October ...... Outdoor Chattanooga/Swim the Chattanooga, TN Tennessee River, Miles 452.0– Suck. 454.5 (Tennessee). 94. 1 day in October ...... Chattajack ...... Chattanooga, TN Tennessee River, Miles 462.7– 465.5 (Tennessee). 95. 1 day—One weekend in Octo- West Virginia Motor Car Festival .. Charleston, WV Kanawha River, Miles 58–59 ber. (West Virginia). 96. 2 days—One of the last three Monster Pumpkin Festival ...... Pittsburgh, PA ... Allegheny River, Mile 0.0–0.25 weekends in October. (Pennsylvania). 97. 1 day—Friday before Thanks- Pittsburgh Downtown Partnership/ Pittsburgh, PA... Allegheny River, Miles 0.0–1.0 giving. Light Up Night. (Pennsylvania). 98. 1 day—Friday before Thanks- Kittanning Light Up Night Firework Kittanning, PA ... Allegheny River, Miles 44.5–45.5 giving. Display. (Pennsylvania). 99. 1 day—Friday before Thanks- Santa Spectacular/Light up Night Pittsburgh, PA ... Ohio River, Mile 0.0–0.5, Alle- giving. gheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0– 0.5 (Pennsylvania). 100. 1 day—Friday before Thanks- Monongahela Holiday Show ...... Monongahela, Ohio River, Miles 31.5–32.5 giving. PA. (Pennsylvania).

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

Sector Ohio Val- Date Sponsor/name ley location Safety zone

101. 1 day in November ...... Friends of the Festival/Cheer at Chattanooga, TN Tennessee River, Miles 462.7– the Pier. 465.2 (Tennessee). 102. 1 day—Third week of Novem- Gallipolis in Lights ...... Gallipolis, OH .... Ohio River, Miles 269.2–270 ber. (Ohio). 103. 1 day—December 31 ...... Pittsburgh Cultural Trust/Highmark Pittsburgh, PA... Allegheny River, Miles 0.5–1.0 First Night Pittsburgh. (Pennsylvania). 104. 7 days—Scheduled home University of Tennessee/UT Foot- Knoxville, TN..... Tennessee River, Miles 645.6– games. ball Fireworks. 648.3 (Tennessee).

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

Date Event City, state Safety zone

Illinois River 1. 1 day—Either on or Red, White, and Boom Peoria, IL ...... Mile Markers 162.5– within a week before Peoria. 162.1. or after July 4th. 2. 1 day—Either on or Grafton Chamber 4th of Grafton, IL ..... Mile Markers 1.5–0.5. within a week before July Fireworks. or after July 4th. Lake of the Ozarks 3. 1 day—Last Sunday Tan-Tar-A Resort Me- Osage Beach, Mile Markers 26.2–25.8. of May. morial Day Fireworks. MO. 4. 1 day—Last Sunday Lodge of the Four Sea- Lake Ozark, Mile Markers 14.2–13.8. of May. sons Memorial Day MO. Fireworks. 5. 1 day—Either on or Tan-Tar-A Resort 4th of Osage Beach, Mile Markers 26.2–25.8. within a week before July Fireworks. MO. or after July 4th. 6. 1 day—Either on or Lodge of the Four Sea- Lake Ozark, Mile Markers 14.2–13.8. within a week before sons 4th of July Fire- MO. or after July 4th. works. 7. 1 day—First weekend Tan-Tar-A Resort Labor Osage Beach, Mile Markers 26.2–25.8. of September. Day Fireworks. MO. 8. 1 day—First weekend Lodge of the Four Sea- Lake Ozark, Mile Markers 14.2–13.8. of September. sons Labor Day Fire- MO. works. Missouri River 9. 1 day—Either the last KC Riverfest ...... Kansas City, Mile Markers 365.5– weekend of June or MO. 364.8. first weekend of July. 10. 1 day—Either on or Parkville 4th of July Fire- Parkville, MO Mile Markers 378.0– within a week before works. 377.5. or after July 4th. 11. 1 day—Either on or Salute to America ...... Jefferson City, Mile Markers 143.5 to within a week before MO. 143.0. or after July 4th. 12. 1 day—Either on or Hermann 4th of July Hermann, MO Mile Markers 98.0 to within a week before Fireworks. 97.0. or after July 4th. 13. 2 days—Either on or St. Charles Riverfest ..... St. Charles, Mile Markers 28.8 to within a week before MO. 28.2. or after July 4th. 14. 2 days—Third week- Amelia Earhart Festival Atchison, KS .. Mile Markers 424.5 to end of July. 422.0.

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

Date Event City, state Safety zone

15. 4 days—Either the Kansas City Airshow ..... Kansas City, Mile Markers 366.3– first or second week in MO. 369.8. August. 16. 2 days—Third week- Riverside Riverfest ...... Riverside, MO Mile Markers 372.2– end of September. 371.8. 17. 1 day—The week- Parkville Christmas on Parkville, MO Mile Markers 378.0– end before Thanks- the River. 377.5. giving.

St. Croix River

18. 1 day—Either the Hudson Booster Days ... Hudson, WI .... Mile Markers 17.2–16.8. last weekend of June or first weekend of July. 19. 1 day—Either on or Stillwater 4th of July ...... Stillwater, MN Mile Markers 23.5–22.9. within a week before or after July 4th. 20. 4 days—Third week Lumberjack Days ...... Stillwater, MN Mile Markers 23.5–22.9. of July.

Upper Mississippi River

21. 1 day—Fourth week- Lumiere Place Memorial St. Louis, MO Mile Markers 180.5– end of May. Day Fireworks. 180.0. 22. 1 day—First week- St. Louis Brewers Guild St. Louis, MO Mile Markers 180–179.2. end of June. Festival Fireworks. 23. 1 day—2nd weekend City of Champlin/Father Champlin, MN Upper Mississippi River of June. Hennepin Fireworks mile marker 870.5 to Display. 872.0. 24. 1 day—The Sunday Winona Steamboat Days Winona, MN ... Mile Markers 725.7– of Father’s Day week- Fireworks. 725.4. end. 25. 1 day—Either the Bellevue Heritage Days Bellevue, IA ... Mile Markers 556.5– last weekend of June 556.5. or first weekend of July. 26. 4 days—Either the La Crosse Riverfest Air La Crosse, WI Mile Markers 698.5– first or second week of Show and Fireworks. 697.5. July. 27. 1 day—4th of July McGregor/Marquette McGregor, IA Upper Mississippi River weekend. Chamber Commerce/ mile marker 635.7 to Independence Day 634.2. Celebration. 28. 1 day—Either on or Red, White, and Boom Minneapolis, Mile Markers 854.5– within a week before Minneapolis. MN. 853.5. or after July 4th. 29. 1 day—Either on or Mississippi Alumination Red Wing, MN Mile Markers 791.2– within a week before 790.8. or after July 4th. 30. 1 day—Either on or Lake City 4th of July Lake City, MN Mile Markers 772.8– within a week before Fireworks. 772.4. or after July 4th. 31. 1 day—Either on or Marquette Independence Marquette, IA Mile Markers 635.7– within a week before Day Celebration. 634.2. or after July 4th. 32. 1 day—Either on or Stars and Stripes ...... Guttenberg, IA Mile Markers 615.5– within a week before 615.0. or after July 4th.

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

Date Event City, state Safety zone

33. 1 day—Either on or Radio Dubuque/Du- Dubuque, IA .. Mile Markers 583.0– within a week before buque JayCees Air 581.0. or after July 4th. Show and Fireworks. 34. 1 day—Either on or City of East Moline Fire- East Moline, Mile Markers 490.2– within a week before works. IA. 489.8. or after July 4th. 35. 1 day—Either on or Red, White, and Boom Davenport, IA Mile Markers 482.7– within a week before Davenport. 482.0. or after July 4th. 36. 1 day—Either on or Muscatine 4th of July Muscatine, IA Mile Markers 456.0– within a week before Fireworks. 455.0. or after July 4th. 37. 1 day—Either on or Louisiana July 4th Fire- Louisiana, MO Mile Markers 283.0– within a week before works. 282.0. or after July 4th. 38. 1 day—Either on or Mississippi Fireworks Alton, IL ...... Mile Markers 203.0– within a week before Festival. 202.5. or after July 4th. 39. 4 days—Either on or Fair St. Louis ...... St. Louis, MO Mile Markers 180.0– within a week before 179.2. or after July 4th. 40. 1 day—Second Prairie du Chien Fire- Prairie du Mile Markers 635.7– weekend of July. works. Chien, WI. 635.2. 41. 2 days—Third week- Hastings Rivertown Hastings, MN Mile Markers 815.2– end of July. Days. 813.7. 42. 1 day—Fourth week- Aquatennial Fireworks ... Minneapolis, Mile Markers 854.2– end of July. MN. 853.2. 43. 1 day—Second Lansing Fish Days Fire- Lansing, IA .... Mile Markers 663.9– weekend of August. works. 662.8. 44. 2 days—First week- City of Keithsburg Fire- Keithsburg, IL Mile Markers 427.5– end of September. works. 427.3. 45. 1 day—First week- Lumiere Place Labor St. Louis, MO Mile Markers 180.5– end of September. Day Fireworks. 180.0.

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

Sector Houston-Galveston Date Sponsor/name location Safety zone

1. 1st Saturday (Rain date is RIVERFEST Fireworks Dis- Neches River, Port Neches, All waters within a 500-yard 1st Sunday) in May. play/Port Neches Chamber TX. radius of the fireworks of Commerce, Port Neches, barge anchored in approxi- TX. mate position 29°59′51″ N 093°57′06″ W (NAD 83). 2. 2nd Saturday in May ...... Contraband Days Fireworks Lake Charles, Lake Charles, All waters within a 1000-foot Display/Contraband Days LA. radius of the fireworks Festivities, Inc. barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 3. July 4th night and every Fri- Kemah Board Walk Summer Clear Lake, TX ...... Clear Creek Channel, includ- day night in June and July. Season Fireworks Display, ing the area within an 840- Kemah, TX. foot radius of the fireworks barge on the south side of the channel, 100 ft off of Kemah Boardwalk in Gal- veston, TX and an Rec- tangle extending 500 feet east, 500 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge at Light 19 on Clear Lake, Houston, TX.

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

Sector Houston-Galveston Date Sponsor/name location Safety zone

4. July 4th ...... Sylvan Beach Fireworks ...... La Porte, TX ...... Rectangle Extending 250 feet east, 250 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge located at Syl- van Beach, Houston, TX. 5. July 4th (Rain date July 5th) City of Beaumont 4th of July Neches River at Riverfront All waters of the Neches Celebration/City of Beau- Park, Beaumont, TX. River, shoreline to shore- mont, TX. line, from the Trinity Indus- tries dry dock to the northeast corner of the Port of Beaumont’s dock No. 5. 6. 1st Saturday in December .. Christmas Fireworks Display/ Lake Charles, Lake Charles, All waters within a 1000-foot City of Lake Charles, LA. LA. radius of the fireworks barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 7. 4th of July ...... Red, White, Blue and You Lake Charles, LA ...... All waters within a 1000-foot Fireworks Display/City of radius of the fireworks Lake Charles. barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

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

Date Sponsor/name Sector Corpus Christi location Safety zone

1. Memorial Day Weekend ...... South Padre Island Conven- Lower Laguna Madre, South All waters contained within a tion & Visitors Bureau/La- Padre Island, TX. 1000-ft radius of the fire- guna Madre Memorial Day works display barge Firework. moored at approximate location 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 2. 2nd, 3rd or 4th Monday in Cameron County Clerk’s Of- Lower Laguna Madre, South All waters contained within a June. fice/Texas District Court Padre Island, TX. 1,000-ft radius of the fire- Clerk′s Convention Fire- works display barge works. moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 3. July 4th Rain dates of July City of Port Aransas/Port Corpus Christi Ship Chan- All waters contained within a 5th and July 6th. Aransas 4th of July Fire- nel—Port Aransas, TX. 600-ft radius of a point half- works. way between Port Aransas Harbor Day Beacon 2 to Port Aransas Ferry Landing in the Corpus Christi Ship Channel, Port Aransas, TX. 4. July 4th Rain dates of July Buccaneer Commission/4th of USS Lexington/Corpus Chris- All waters contained within a 5th and July 6th. July Big Bang Fireworks. ti, TX. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 5. July 4th Rain dates of July City of Port O’Connor Cham- King Fisher Park, Port O’Con- All waters contained within a 5th and July 6th. ber of Commerce/4th of nor, TX. 1,120-ft radius of the fur- July Fireworks. thest extent of the King Fisher Pier located at approximate position 28°27′15.6″ N 096°24′11.9″ W, Port O′Connor, TX.

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

Date Sponsor/name Sector Corpus Christi location Safety zone

6. July 4th Rain dates of July City of Point Comfort/4th of Bayfront Park, Point Comfort, All waters contained within a 5th and July 6th. July Fireworks. TX. 1,000-ft radius of Bayfront Park located at approximate position 28°40′52.8″ W 096°33′49.2″ W, Point Comfort, TX. 7. July 4th Rain dates of July City of Rockport/Wendell Rockport Beach Park/Rock- All waters contained within a 5th and July 6th. Family Fireworks. port, TX. 700-ft radius of the northeast point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 8. Last Saturday in September Bayfest, Inc./Bayfest Fire- USS Lexington/Corpus Chris- All waters contained within a works. ti, TX. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 9. Friday nights from May thru Boys & Girls Club of Laguna Lower Laguna Madre, South All waters contained within a September. Madre/Fireworks over the Padre Island, TX. 1,000-ft radius of the fire- Bay. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 10. Labor Day weekend ...... Laguna Madre Education Lower Laguna Madre, South All waters contained within a Foundation/Laguna Madre Padre Island, TX. 1,000-ft radius of the fire- Labor Day Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 11. 1st or 2nd Friday and Sat- City of Rockport/Rockport Rockport Beach Park/Rock- All waters contained within a urday in December. ‘‘Tropical’’ Christmas Fes- port, TX. 700-ft radius of the north- tival Fireworks. east point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 12. December 30th, 31st or South Padre Island Conven- Lower Laguna Madre, South All waters contained within a Jan 1st. tion & Visitors Bureau/SPI Padre Island, TX. 1,000-ft radius of the fire- New Year′s Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 13. Odd Week Fridays from Corpus Christi Hooks Base- Corpus Christi Ship Channel, All waters contained within a April thru September. ball Team/Friday Night Fire- Corpus Christi, TX. 1,000-ft radius of the Cor- works. pus Christi Hooks stadium parking lot located at approximate position 27°48′39.2″ N 097°23′55.2″ W, Corpus Christi, TX. 14. July 4th Rain dates of July City of South Padre Island/ Lower Laguna Madre, South All waters contained within a 5th and July 6th. South Padre Island July 4th Padre Island, TX. 1,000-ft radius of the fire- Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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

Date Sponsor/name Sector New Orleans location Safety zone

1. Monday before Mardi Gras Riverwalk Marketplace/Lundi Mississippi River, New Orle- Mississippi River mile marker Gras Fireworks Display. ans, LA. 93.0 to 96.0, New Orleans, LA. 2. July 3rd ...... St. John the Baptist/Inde- Mississippi River, Reserve, Mississippi River mile marker pendence Day celebration. LA. 137.5 to 138.5, Reserve, LA. 3. July 4th ...... Riverfront Marketing Group/ Mississippi River, New Orle- Mississippi River mile marker Independence Day Cele- ans, LA. 94.3 to 95.3, New Orleans, bration. LA. 4. July 4th ...... Boomtown Casino/Independ- Harvey Canal, Harvey, LA ..... Harvey Canal mile marker 4.0 ence Day Celebration. to 5.0, Harvey, LA. 5. July 4th ...... Independence Day Celebra- Morgan City, LA ...... Morgan City Port Allen Route tion, Main Street 4th of July mile marker 0.0 to 1.0, Mor- (Fireworks Display). gan City, LA. 6. July 4th ...... WBRZ—The Advocate 4th of Baton Rouge, LA ...... In the vicinity of the USS July Fireworks Display. Kidd, the Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 7. The Saturday before July Independence Day Celebra- Grand Isle, LA ...... 500 Foot Radius from the 4th or on July 4th if that day tion/Bridge Side Marine. Pier located at Bridge Side is a Saturday. Marine, 2012 LA Highway 1, Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 8. 1st Weekend of September LA Shrimp and Petroleum Morgan City, LA ...... Atchafalaya River at mile Festival Fireworks Display, marker 118.5, Morgan City, LA Shrimp and Petroleum LA. Festival and Fair Associa- tion. 9. 1st Weekend in December Office of Mayor-President/ Baton Rouge, LA ...... Located on Left Descending (Usually that Friday, subject Downtown Festival of Bank, Lower Mississippi to change due to weather). Lights. River north of the USS Kidd, at mile marker 230, Baton Rouge, LA. 10. December 31st ...... Crescent City Countdown Mississippi River, New Orle- Mississippi River mile marker Club/New Year’s Celebra- ans, LA. 93.5–96.5, New Orleans, tion. LA. 11. December 31st ...... Boomtown Casino/New Harvey Canal, Harvey, LA ..... Harvey Canal mile marker 4.0 Year’s Celebration. to 5.0, Harvey, LA. 12. July 4th ...... USS Kidd Veterans Memorial/ Baton Rouge, LA ...... In the vicinity of the USS Fourth of July Star-Span- Kidd, the Lower Mississippi gled Celebration. River from mile marker 228.8 to 230.0, Baton Rouge, LA. 13. Saturday before Labor Day Baton Rouge Paddle Club Baton Rouge, LA ...... Mississippi River from mile and Muddy Water Paddle marker 215 to 230.4, Baton Co./Big River Regional. Rouge, LA. 14. July 4th ...... L’Auberge Casino Baton Baton Rouge, LA ...... Mississippi River from mile Rouge/July 4th Celebration. marker 216.0 to 217.5, Baton Rouge, LA. 15. July 4th ...... Madisonville Old Fashioned Madisonville, LA ...... Tchefuncte River, at approxi- 4th of July. mate position 30°24′11.63″ N 090°09′17.39″ W, in front of the Madisonville Town Hall. 16. Weekend before July 4th .. Mandeville July 4th Celebra- Mandeville, LA ...... Approximately 600′ off the tion. shore of the Mandeville Lakefront 30°21′12.03″ N 90°04′ 28.95″ W.

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

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

1. The Sunday before Memo- Riverfest Inc./Riverfest Fire- Arkansas River, Little Rock, Regulated Area: Arkansas rial Day. works display. AR. River mile marker 118.8 to 119.5, Main Street Bridge, Little Rock, AR.

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

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

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

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

Date Sponsor/name Sector Mobile location Safety zone

1. Multiple dates from May to Harbor Walk Seasonal Fire- East Pass to Choctawhatchee East Pass to Choctawhatchee December. works/Legendary, Inc. Bay, Destin, FL. Bay, all waters extending 700′ in all directions from a fireworks display barge located in the East Pass. 2. July 4th ...... Niceville July 4th Fireworks Boggy Bayou, Niceville, FL .... Boggy Bayou, all waters ex- Show/City of Niceville, FL. tending 250 yards around a fireworks display barge that will be located west of the Dockside Cafe´ & Oyster Bar and Allen’s Little Ma- rina. 3. 1 Day; Last week in June or Sound of Independence/ Santa Rosa Sound, Mary Es- Santa Rosa Sound, all waters 1st week of July. Hurlburt Field AFB. ther, FL. extending 200 yards around a fireworks display barge that will be located south of Hurlburt Field.

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

Date Sponsor/name Sector Mobile location Safety zone

4. July 4th ...... Biloxi Bay Fireworks/Biloxi Biloxi Bay, Biloxi, MS ...... Biloxi Bay, all waters extend- Bay Chamber of Commerce. ing 200 yards around a fireworks display barge that will be located south of the Biloxi Channel, between channel markers R‘‘20’’ and R‘‘22’’ and north of Deer Is- land. 5. December 31st/January 1st New Year’s Eve Celebration/ Mobile Channel, Mobile, AL ... Mobile Channel, all waters City of Mobile. extending 200 yards in all directions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Con- vention Center and Cooper Riverside Park. 6. Biannually occurring during Angels Over the Bay/Keesler Back Bay Biloxi, Biloxi, MS .... Back Bay Biloxi, Bounded by odd numbered years; 2 Air Force Base. the following coordinates: Days; Mid-March to end of Eastern boundary; Latitude April. 30°25′47.6″ N, Longitude 088°54′13.6″ W, to Latitude 30°24′43″ N, Longitude 088°54′13.6″ W. Western Boundary; Latitude 30°25′25.6″ N, Longitude 088°56′9″ W, to Latitude 30°24′55″ N, Longitude 088°56′9″ W. 7. 4 Days; 2nd weekend in Pensacola Beach Air Show/ Gulf of Mexico & Santa Rosa Gulf of Mexico to include all July. Santa Rosa Island Authority. Sound, Pensacola, FL. waters 1.75 nautical miles east and 1.5 nautical miles west of position 30°19′36″ N, 087°08′23″ W and extending 1000 yards south of Pensacola Beach creating a box, referred to as the ‘‘Show Box’’. Santa Rosa Sound to include all waters from Deer Point to Sharp Point and all waters within Little Sabine Bay.

[USCG–2011–0286, 77 FR 12465, Mar. 1, 2012; 77 FR 28767, May 16, 2012, as amended by USCG– 2013–1060, 79 FR 22404, Apr. 22, 2014; USCG–2015–1079, 81 FR 36173, June 6, 2016; USCG–2015–1029, 81 FR 38597, June 14, 2016; USCG–2017–0011, 82 FR 25966, June 6, 2017; USCG–2017–0272, 82 FR 28236, June 21, 2017; USCG–2018–0065, 83 FR 21889, May 11, 2018; USCG–2018–0736, 83 FR 55490, Nov. 6, 2018; USCG–2019–0013, 84 FR 18976, May 3, 2019; USCG–2018–1009, 84 FR 48284, Sept. 13, 2019; USCG–2018–0533, 85 FR 8173, Feb. 13, 2020; USCG–2020–0037, 85 FR 33563, June 2, 2020]

§ 165.802 Lower Mississippi River, vi- along a line to the Black Hawk Point cinity of Old River Control Struc- Light. ture—Safety Zone. (b) Any vessel desiring to enter this (a) The area enclosed by the fol- safety zone must first obtain permis- lowing boundary is a safety zone—from sion from the Captain of the Port, New the Black Hawk Point Light, mile 316.1 Orleans. The resident engineer at Old AHP LMR to a point opposite Ft. River Control Structure (WUG–424) is Adams Light, mile 311.5 AHP along the delegated the authority to permit low water reference plane above the entry into this safety zone. right descending bank; thence to the [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as levee on a line perpendicular to the amended by CGD8 89–03, 54 FR 16108, Apr. 21, channel centerline; thence along the 1989] levee to the upstream end of the Old River Overbank structure; thence

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§ 165.803 Mississippi River—regulated to avoid immediate danger to persons, navigation area. property or the environment. The following is a Regulated Naviga- (d) Mooring: General. (1) No person tion Area—The waters of the Mis- may secure a barge to trees or to other sissippi River between miles 88 and 240 vegetation. above Head of Passes. (2) No person may allow a barge to be (a) Definitions. As used in this sec- moored with unraveled or frayed lines tion: or other defective or worn mooring. (1) Breakaway means a barge that is (3) No person may moor barges side adrift and is not under the control of a to side unless they are secured to each towing vessel. other from fittings as close to each cor- (2) COTP means the Captain of the ner of abutting sides as practicable. Port, New Orleans. (4) No person may moor barges end to (3) Fleet includes one or more tiers. end unless they are secured to each (4) Fleeting facility means the geo- other from fittings as close to each cor- graphic area along or near a river bank ner of abutting ends as practicable. at which a barge mooring service, ei- (e) Mooring to a mooring device. (1) A ther for hire or not for hire, is estab- barge may be moored to mooring de- lished. vices if the upstream end of that barge (5) Mooring barge or spar barge means is secured to at least one mooring de- a barge moored to mooring devices and vice and the downstream end is secured to which other barges may be moored. to at least one other mooring device, (6) Mooring device includes a except that from mile 127 to mile 240 a deadman, anchor, pile or other reliable barge may be moored to mooring de- holding apparatus. vices if the upstream end of that barge (7) Person in charge includes any is secured to at least one mooring de- owner, agent, pilot, master, officer, op- vice. erator, crewmember, supervisor, dis- (2) Barges moored in tiers may be patcher or other person navigating, shifted to mooring devices if the shore- controlling, directing or otherwise re- ward barge at the upstream end of the sponsible for the movement, action, se- tier is secured to at least one mooring curing, or security of any vessel, barge, device, and the shoreward barge at the tier, fleet or fleeting facility subject to downstream end of the tier is secured the regulations in this section. 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

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mooring or spar barge, a vessel, a quired in paragraph (h)(2) of this sec- wharf, or a pier, is secured as near as tion. practicable to each abutting corner of (2) The name of each person who the barge being moored by: makes the inspection required in para- (1) Three parts of wire rope of at graph (h)(2) of this section. least 7⁄8 inch diameter with an eye at (3) The identification of each barge each end of the rope passed around the entering and departing the fleeting fa- timberhead, caval, or button; cility, along with the following infor- (2) A mooring of natural or synthetic mation: fiber rope that has at least 75 percent (i) Date and time of entry and depar- of the breaking strength of three parts ture; and (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 equivalent to three parts of 7⁄8 inch di- NOTE: The requirements in paragraph (i)(3) ameter wire rope. of this section for the listing of hazardous (g) Mooring: Person in charge. (1) The cargo refer to cargoes regulated by Sub- person in charge of a barge, tier, fleet chapters D and O of Chapter I, Title 46, Code of Federal Regulations. or fleeting facility shall ensure that the barge, tier, fleet or fleeting facility (j) Fleeting facility: Surveillance. (1) meets the requirements in paragraphs The person in charge of a fleeting facil- (d) and (e) of this section. ity shall assign a person to be in con- (2) The person in charge shall ensure tinuous surveillance and to observe the that all mooring devices, wires, chains, barges in the fleeting facility. Joint lines and connecting gear are of suffi- use of this person by adjacent facilities cient strength and in sufficient number may be considered upon submission of to withstand forces that may be ex- a detailed proposal for a waiver to the erted on them by moored barges. COTP. (h) Fleeting facility: inspection of moor- (2) The person who observes the ings. (1) The person in charge of a fleet- barges shall: ing facility shall assign a person to in- (i) Inspect for movements that are spect moorings in accordance with the unusual for properly secured barges; requirements in paragraph (h)(2) of this and section. (ii) Take immediate action to correct 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

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directing that paragraphs (m)(2) and (3) (A) A single barge may be added to or of this section are in effect. withdrawn from the channelward or (2) During high water, the person in downstream end of the fleet; and charge of a fleeting facility shall en- (B) Barges made up in a tow may de- sure compliance with the following re- part a fleet from the channelward or quirements: downstream end of the fleet; and (i) Each fleet consisting of eight or (iii) No person in charge of a tow ar- more barges must be attended by at riving in this regulated navigation area last one radar-equipped towboat for may moor unless the COTP is notified each 100 barges or less. Joint use of prior to arrival in the regulated navi- this towboat by adjacent facilities may gation area. be considered upon submission of a de- [CGD 79–034, 47 FR 29660, July 8, 1982, as tailed proposal for a waiver. amended by CGD 82–020, 47 FR 35483, Aug. 16, (ii) Each fleet must have two or more 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; towboats in attendance when: CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– (A) Barges are withdrawn from or 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– moved within the fleet and the fleet at 006, 60 FR 37944, July 25, 1995] the start of the operation contains eight or more barges; or § 165.805 Security Zones; Calcasieu (B) Barges are added to the fleet and River and Ship Channel, Louisiana. the number of barges being added plus (a) Location. (1) The following areas the fleet at the start of the operation are designated as fixed security zones total eight or more. (all coordinates are based upon North (iii) Each towboat required in para- American Datum of 1983 [NAD 83]): graphs (m)(2)(i) and (2)(ii) of this sec- (i) Trunkline LNG basin. All waters tion must be: encompassed by a line connecting the (A) Capable of safely withdrawing, following points, beginning at 30°06′36″ moving or adding each barge in the N, 93°17′36″ W, south to a point 30°06′33″ fleet; N, 93°17′36″ W, east to a point 30°06′30″ (B) Immediately operational; N, 93°17′02″ W, north to a point 30°06′33″ (C) Radio-equipped; N, 93°17′01″ W, then tracing the shore- (D) Within 500 yards of the barges; line along the water’s edge to the point and of origin. (iv) The person in charge of each (ii) Cameron LNG basin. All waters en- towboat required in paragraphs compassed by a line connecting the fol- (m)(2)(i) and (2)(ii) of this section shall lowing points, beginning at 30°02′33″ N, maintain: 093°19′53″ W, east to a point at 30°02′34″ (A) A continuous guard on the fre- N, 093°19′50″ W, south to a point at quency specified by current Federal 30°02′10″ N, 093°19′52″ W and west to a Communications Commission regula- point at 30°02′10″ N, 93°19′59″ W, then tions found in Part 83 of Title 47, Code tracing the shoreline along the water’s of Federal Regulations; and edge to the point of origin. (B) When moored, a continuous (iii) PPG Industries basin. All waters watch on the barges in the fleeting fa- encompassed by a line connecting the cility. following points: Beginning at 30°13′29″ (v) During periods when visibility is N, 93°16′34″ W, southwest to a point at less than 200 yards, the person in 30°13′11″ N, 93°16′51″ W, then proceeding charge of each towboat required in southerly following 100 feet off the paragraph (m)(2)(i) of this subsection shoreline to a point at 30°12′57.2″ N, shall maintain, when moored, a contin- 93°16′53.2″ W, then east to a point at uous radar surveillance of the barges 30°12′57.2″ N, 93°16′50.6″ W then south- moored in the fleeting facility. erly to a point at 30°12′47.7″ N, (3) During high water when visibility 93°16′50.3″ W then west to the shoreline is reduced to less than 200 yards: and then following along the water’s (i) Tows may not be assembled or dis- edge to the point of origin. assembled; (2) The following areas are moving (ii) No barge may be added to, with- security zones: All waters within the drawn from or moved within a fleet ex- Captain of the Port, Port Arthur zone cept: commencing at U.S. territorial waters

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and extending channel edge to channel Safety Unit Lake Charles at (337) 491– edge on the Calcasieu Channel and 7800 or the on scene patrol vessel. shoreline to shoreline on the Calcasieu (5) All persons and vessels within a River, 2 miles ahead and 1 mile astern security zone described in this section of certain designated vessels while in must comply with the instructions of transit. Meeting, crossing or over- the Captain of the Port, Port Arthur, taking situations are not permitted designated on-scene U.S. Coast Guard within the security zone unless specifi- patrol personnel or other designated cally authorized by the Captain of the representatives. On-scene U.S. Coast Port. Coast Guard patrol assets will be Guard patrol personnel include com- on scene with flashing blue lights ener- missioned, warrant, and petty officers gized when the moving security zones of the U.S. Coast Guard. Designated are in effect. representatives include federal, state, (b) Regulations. (1) Entry into or re- local and municipal law enforcement maining in a fixed zone described in agencies. paragraph (a)(1) of this section is pro- (c) Informational broadcasts: The Cap- hibited for all vessels except: tain of the Port, Port Arthur will in- (i) Commercial vessels operating at form the public when moving security waterfront facilities within these zones have been established around zones; vessels via Broadcast Notices to Mari- (ii) Commercial vessels transiting di- ners and written notice provided by es- rectly to or from waterfront facilities cort vessels. within these zones; [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] (iii) Vessels providing direct operational or logistical support to com- § 165.806 Sabine Neches Waterway, mercial vessels within these zones; Texas—regulated navigation area. (iv) Vessels operated by the appro- (a) The following is a regulated navi- priate port authority or by facilities gation area—The Sabine Neches Water- located within these zones; and way which includes the following (v) Vessels operated by federal, state, waters: Sabine Pass Channel, Port Ar- county, or municipal agencies. thur Canal, Sabine Neches Canal, (2) Entry into or remaining in mov- Neches River, Sabine River and all nav- ing zones described in paragraph (a)(2) igable waterways tributary thereto. of this section is prohibited for all ves- (b) Unless otherwise authorized by sels except: the Captain of the Port, Port Arthur, (i) Moored vessels or vessels anchored Texas, tows on a hawser of 1000 gross in a designated anchorage area. A tons or greater transiting the Sabine- moored or an anchored vessel in a secu- Neches Waterway are prohibited unless rity zone described in paragraph (a)(2) such tows have a tug of sufficient of this section must remain moored or horsepower made up to the tow in such anchored unless it obtains permission a manner as to insure that complete from the Captain of the Port to do oth- and effective control is maintained erwise; throughout the transit. Inbound vessels (ii) Commercial vessels operating at only, may shift the tow or pick up an waterfront facilities located within the additional tug within 100 yards inside zone; the entrance jetties provided that such (iii) Vessels providing direct oper- action is necessary for reasons of pru- ational support to commercial vessels dent seamanship. within a moving security zone; [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] (iv) Vessels operated by federal, state, county, or municipal agencies. § 165.807 Calcasieu River, Louisiana— (3) Other persons or vessels requiring regulated navigation area. entry into security zones described in (a) The following is a regulated navi- this section must request permission gation area—The Calcasieu River from from the Captain of the Port, Port Ar- the Calcasieu jetties up to and includ- thur or designated representatives. ing the Port of Lake Charles. (4) To request permission as required (b) Unless otherwise authorized by by these regulations, contact Marine the Captain of the Port, Port Arthur,

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Texas, tows on a hawser of 1000 gross including South Pass and Southwest tons or greater transiting the Pass, to assist in the prevention of Calcasieu River are prohibited unless allisions; collisions and groundings so such tows have a tug of sufficient as to ensure port safety and protect the horsepower made up to the tow in such navigable waters of the Mississippi a manner as to insure that complete River from environmental harm result- and effective control is maintained at ing from those incidents, and to en- all times. Inbound vessels only, may hance the safety of passenger vessels shift the tow or pick up an additional moored or anchored in the Mississippi tug within 100 yards inside the en- River. trance jetties provided that such ac- (b) Lower Mississippi River below tion is necessary for reasons for pru- mile 233.9 above Head of Passes includ- dent seamanship. ing South and Southwest Passes: [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] (1) Supervision. The use, administration, and navigation of the waterways § 165.808 Corpus Christi Ship Channel, to which this paragraph applies shall Corpus Christi, TX, safety zone. be under the supervision of the District (a) The following areas are estab- Commander, Eighth Coast Guard Dis- lished as safety zones during specified trict. conditions: (2) Speed; high-water precautions. (1) For incoming tank vessels loaded When passing another vessel (in mo- with Liquefied Petroleum Gas, the tion, anchored, or tied up), a wharf or waters within a 500 yard radius of the other structure, work under construc- LPG carrier while the vessel transits tion, plant engaged in river and harbor the Corpus Christi Ship Channel to the improvement, levees withstanding LPG receiving facility. The safety zone flood waters, building partially or remains in effect until the LPG vessel wholly submerged by high water, or is moored at the LPG receiving facil- any other structure liable to damage ity. by collision, suction or wave action, (2) For outgoing tank vessels loaded vessels shall give as much leeway as with LPG, the waters within a 500 yard circumstances permit and reduce their radius of the LPG carrier while the speed sufficiently to preclude causing vessel departs the LPG facility and damages to the vessel or structure transits the Corpus Christi Ship Chan- being passed. Since this subparagraph nel. The safety zone remains in effect pertains directly to the manner in until the LPG vessel passes the sea- which vessels are operated, masters of ward extremity of the Aransas Pass vessels shall be held responsible for Jetties. strict observance and full compliance (b) The general regulations governing therewith. During high river stages, safety zones contained in 33 CFR 165.23 floods, or other emergencies, the Dis- apply. trict Commander may prescribe by (c) The Captain of the Port will no- navigation bulletins or other means tify the maritime community of peri- the limiting speed in land miles per ods during which this safety zone will hour deemed necessary for the public be in effect by providing advance no- safety for the entire section or any tice of scheduled arrivals and depar- part of the waterways covered by this tures of loaded LPG vessels via a Ma- paragraph, and such limiting speed rine Safety Information Broadcast No- shall be strictly observed. tice to Mariners. (3) Towing. Towing in any formation [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR by a vessel with insufficient power to 19933, May 13, 1985] permit ready maneuverability and safe handling is prohibited. § 165.810 Mississippi River, LA-regu- (c) [Reserved] lated navigation area. (d) Navigation of South and South- (a) Purpose and applicability. This sec- west Passes. tion prescribes rules for all vessels op- (1) No vessel, except small craft and erating in the Lower Mississippi River towboats and tugs without tows, shall below mile 233.9 above Head of Passes enter either South Pass or Southwest

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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 to the ascending vessel shall have 175.110 applies, may monitor river ac- passed to sea. tivities using a portable radio from a (2) No vessel having a speed of less vantage point other than the pilot- than ten mph shall enter South Pass house. from the Gulf when the stage of the (f) Each self-propelled vessel of 1,600 Mississippi River exceeds 15 feet on the or more gross tons subject to 33 CFR Carrollton Gage at New Orleans. This part 164 shall also comply with the fol- paragraph does not apply when South- lowing: west Pass is closed to navigation. (1) While under way in the RNA, each (3) No vessel, except small craft and vessel must have an engineering watch towboats and tugs without tows, as- capable of monitoring the propulsion cending South Pass shall pass Franks system, communicating with the Crossing Light until after a descending bridge, and implementing manual-con- vessel shall have passed Depot Point trol measures immediately when nec- Light. essary. The watch must be physically (4) No vessel, except small craft and present in the machinery spaces or in towboats and tugs without tows, shall the machinery-control spaces and must enter the channel at the head of South consist of at least an appropriately li- Pass until after an ascending vessel censed or credentialed engineer officer. which has reached Franks Crossing (2) Before embarking a pilot when en- Light shall have passed through into tering or getting under way in the the river. RNA, the master of each vessel shall (5) When navigating South Pass dur- ensure that the vessel is in compliance ing periods of darkness no tow shall with 33 CFR part 164. consist of more than one towed vessel (3) The master shall ensure that the other than small craft, and during day- chief engineer has certified that the light hours no tow shall consist of following additional operating condi- more than two towed vessels other tions will be satisfied so long as the than small craft. Tows may be in any vessel is under way within the RNA: formation. When towing on a hawser, (i) The main propulsion plant is in all respects ready for operations including the hawser shall be as short as prac- the main-propulsion air-start systems, ticable to provide full control at all fuel systems, lubricating systems, cool- times. ing systems, and automation systems; (6) When towing in Southwest Pass (ii) Cooling, lubricating, and fuel-oil during periods of darkness no tow shall systems are at proper operating tem- consist of more than two towed vessels peratures; other than small craft, and during day- (iii) Main propulsion machinery is light hours no tow shall consist of available to immediately respond to more than three towed vessels other the full range of maneuvering com- than small craft. mands any load-limiting programs or (e) Watch requirements for anchored automatic acceleration-limiting pro- and moored passenger vessels. grams that would limit the speed of re- (1) Passenger vessels. Except as pro- sponse to engine orders beyond that vided in paragraph (e)(2) of this sec- needed to prevent immediate damage tion, each passenger vessel with one or to the propulsion machinery are capa- more passengers on board, must— ble of being overridden immediately. (i) Keep a continuously manned pilot- (iv) Main-propulsion standby systems house; and are ready to be immediately placed in (ii) Monitor river activities and ma- service. rine VHF, emergency and working fre- (g) [Reserved] quencies of the port, so as to be imme- NOTE TO § 165.810: Control Light provisions diately available to take necessary ac- (previously referenced in paragraph (c) of tion to protect the vessel, crew, and this section) used to manage vessel traffic passengers if an emergency radio during periods of high waters in the vicinity broadcast, danger signal, or visual or of Algiers Point are located in 33 CFR

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161.65(c). The special operating requirements should be minimized in order to avoid unnec- (previously referenced in paragraph (g) of essary strain on coupling wires. this section) used to manage vessel traffic in the vicinity of Eighty-one Mile Point are lo- (e) Horsepower Requirement. (1) The cated in 33 CFR 161.65(e). following requirements apply to a towing vessel of 3,000 hp or less: (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. TABLE 165.811(e)—MINIMUM AVAILABLE 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) HORSEPOWER REQUIREMENT [CGD 75–082, 42 FR 51759, Sept. 29, 1977] [The greater value listed.]

EDITORIAL NOTE: For FEDERAL REGISTER ci- Daytime (sunrise Nighttime (sunset tations affecting § 165.810, see the List of CFR Direction of tow to sunset) to sunrise) Sections Affected, which appears in the Upbound ...... 400hp or (Length 600hp or (Length Finding Aids section of the printed volume × × and at www.govinfo.gov. of tow—300ft) of tow—200ft) 3. 3. Downbound ...... 600hp or (Length 600hp or (Length § 165.811 Atchafalaya River, Berwick of tow—200ft) × of tow) × 3. Bay, LA-regulated navigation area. 3. (a) The following is a regulated navi- NOTE: A 5% variance from the available horsepower is gation area: the waters of the authorized. Atchafalaya River in Berwick Bay (2) All tows carrying cargoes of par- bounded on the northside from 2,000 ticular hazard as defined in § 160.202 of yards north of the U.S. 90 Highway this chapter must have available horse- Bridge and on the southside from 4,000 power of at least 600 hp or three times yards south of the Southern Pacific the length of tow, whichever is greater. Railroad (SPRR) Bridge. (f) Notice of Requirements. Notice that (b) Within the regulated navigation these rules are anticipated to be put area described in paragraph (a) of this into effect, or are in effect, will be section, § 161.40 of this chapter estab- given by: lishes a VTS Special Area for waters (1) Marine information broadcasts; within a 1000 yard radius of the SPRR (2) Notices to mariners; Bridge. (3) Vessel Traffic Center advisories or (c) When the Morgan City River upon vessel information request; and gauge reads 3.0 feet or above mean sea [CGD 90–020, 59 FR 36334, July 15, 1994, as level, in addition to the requirements amended by CGD 95–033, 60 FR 28333, May 31, set forth in § 161.13 of this chapter, the 1995; CGD08–06–023, 72 FR 27741, May 17, 2007; requirements of paragraph (d) and (e) USCG–2005–21869, 80 FR 5336, Jan. 30, 2015] of this section apply to a towing vessel which will navigate: § 165.812 Security Zones; Lower Mis- (1) under the lift span of the SPRR sissippi River, Southwest Pass Sea Buoy to Mile Marker 96.0, New Or- Bridge; or leans, LA. (2) through the navigational opening of the U.S. 90 Highway Bridge: or (a) Location. Within the Lower Mis- (3) through the navigational opening sissippi River and Southwest Pass, of the Highway 182 Bridge. moving security zones are established around all cruise ships between the (d) Towing requirements. (1) Towing on Southwest Pass Entrance Lighted a hawser is not authorized, except that Buoy ‘‘SW’’, at approximate position one self-propelled vessel may tow one 28°52′42″ N, 89°25′54″ W [NAD 83] and other vessel without barges upbound; Lower Mississippi River mile marker (2) A towing vessel and barges must 96.0 in New Orleans, Louisiana. These be arranged in tandem, except that one moving security zones encompass all vessel may tow one other vessel along- waters within 500 yards of a cruise ship. side; These zones remain in effect during the (3) Length of tow must not exceed entire transit of the vessel and con- 1,180 feet; and tinue while the cruise ship is moored or (4) Tows with a box end in the lead anchored. must not exceed 400 feet in length. (b) Regulations. (1) Entry of persons NOTE: The variation in the draft and the and vessels into these zones is prohib- beam of the barges in a multi-barge tow ited unless authorized as follows.

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(i) Vessels may enter within 500 yards security zones are established encom- but not closer than 100 feet of a cruise passing all waters within 500 yards of a ship provided they operate at the min- cruise ship between Galveston Bay Ap- imum speed necessary to maintain a proach Lighted Buoy ‘‘GB’’, at approxi- safe course. mate position 29°14′44″ N., 094°32′41″ W. (ii) No person or vessel may enter [NAD 83] and up to, and including, within 100 feet of a cruise ship unless Barbours Cut. These zones remain in expressly authorized by the Coast effect during the inbound and outbound Guard Captain of the Port New Orleans entire transit of the cruise ship and or his designated representative. continues while the cruise ship is (iii) Moored vessels or vessels an- moored or anchored. chored in a designated anchorage area (b) Regulations. (1) Entry of vessels or are permitted to remain within 100 feet persons into these zones is prohibited of a cruise ship while it is in transit. unless authorized as follows. (2) Vessels requiring entry within 500 (i) Vessels may enter within 500 yards yards of a cruise ship that cannot slow but not closer than 100 yards of a cruise to the minimum speed necessary to ship provided they operate at the min- maintain a safe course must request imum speed necessary to maintain a express permission to proceed from the safe course. Captain of the Port New Orleans or his (ii) No person or vessel may enter designated representative. within 100 yards of a cruise ship unless (3) For the purpose of this rule the expressly authorized by the Coast term ‘‘cruise ship’’ is defined as a pas- Guard Captain of the Port Houston- senger vessel over 100 gross tons, car- Galveston. Where the Houston Ship rying more than 12 passengers for hire, Channel narrows to 400 feet or less be- making a voyage lasting more than 24 tween Houston Ship Channel Entrance hours, any part of which is on the high Lighted Bell Buoy ‘‘18’’, light list nos. seas, and for which passengers are em- 23900/36055 at approximately 29°21′04″ N., barked or disembarked in the United 094°47′00″ W. [NAD 83] and Barbours States or its territories. Cut, the Captain of the Port Houston- (4) The Captain of the Port New Orle- Galveston may permit vessels that ans will inform the public of the mov- must transit the navigable channel being security zones around cruise ships tween these points to enter within 100 via Marine Safety Information Broad- yards of a cruise ship. casts. (iii) Moored vessels or vessels an- (5) To request permission as required chored in a designated anchorage area by these regulations contact ‘‘New Or- are permitted to remain within 100 leans Traffic’’ via VHF Channels 13/67 yards of a cruise ship while it is in or via phone at (504) 589–2780 or (504) transit. 589–6261. (2) Vessels requiring entry within 500 (6) All persons and vessels within the yards of a cruise ship that cannot slow moving security zones shall comply to the minimum speed necessary to with the instructions of the Captain of maintain a safe course must request the Port New Orleans and designated express permission to proceed from the on-scene U.S. Coast Guard patrol per- Captain of the Port Houston-Gal- sonnel. On-scene U.S. Coast Guard pa- veston, or his designated representa- trol personnel include commissioned, tive. warrant, and petty officers of the U.S. (3) For the purpose of this section the Coast Guard. term ‘‘cruise ship’’ is defined as a pas- (c) Authority. In addition to 46 U.S.C. senger vessel over 100 gross tons, car- 70034, the authority for this section in- rying more than 12 passengers for hire, cludes 46 U.S.C. 70116. making a voyage lasting more than 24 [COTP New Orleans–02–005, 67 FR 61989, Oct. hours, any part of which is on the high 3, 2002] seas, and for which passengers are embarked or disembarked in the United § 165.813 Security Zones; Ports of States or its territories. Houston and Galveston, TX. (4) The Captain of the Port Houston- (a) Location. Within the Ports of Galveston will inform the public of the Houston and Galveston, Texas, moving moving security zones around cruise

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ships via Marine Safety Information (LLNR 26110) and terminating on land Broadcasts. in position 29°23′16″ N., 094°53′15″ W. (5) To request permission as required (NAD 1983). by these regulations contact ‘‘Houston (5) Freeport, Texas. (i) The Dow Barge Traffic’’ via VHF Channels 11/12 or via Canal, containing all waters of the Dow phone at 281–464–4837. Barge Canal north of a line drawn be- (6) All persons and vessels within the tween 28°56.81′ N/095°18.33′ W and moving security zone shall comply 28°56.63′ N/095°18.54′ W (NAD 1983). with the instructions of the Captain of (ii) The Brazos Harbor, containing all the Port Houston-Galveston and des- waters west of a line drawn between ignated on-scene U.S. Coast Guard pa- 28°56.45′ N, 095°20.00′ W, and 28°56.15′ N, trol personnel. On-scene U.S. Coast 095°20.00′ W (NAD 1983) at its junction Guard patrol personnel include com- with the Old Brazos River. missioned, warrant, and petty officers of the U.S. Coast Guard. (iii) The Dow Chemical plant, con- (c) Authority. In addition to 46 U.S.C. taining all waters of the Brazos Point ′ 70034, the authority for this section in- Turning Basin within 100 of the north cludes 46 U.S.C. 70116. shore and bounded on the east by the longitude line drawn through 28°56.58′ [COTP Houston-Galveston–02–010, 67 FR N/095°18.64′ W and on the west by the 64048, Oct. 17, 2002, as amended by USCG– longitude line drawn through 28°56.64′ 2014–0410, 79 FR 38448, July 7, 2014; USCG– ° ′ 2015–0433, 80 FR 44286, July 27, 2015] N/095 19.13 W (NAD 1983). (iv) The Seaway Teppco Facility, § 165.814 Security Zones; Captain of containing all waters of the Brazos the Port Houston-Galveston Zone. Port Turning Basin bounded on the (a) Location. The following areas are south by the shore, the north by the designated as security zones: Federal Channel, on the east by the (1) Houston, TX. The Houston Ship longitude line running through 28°56.44′ Channel and all associated turning ba- N, 095°18.83′ W and 28°56.48′ N 095°18.83′ sins, bounded by a line drawn between W and on the West by the longitude geographic positions 29°45′14″ N., line running through 28°56.12′ N, 095°05′47″ W. to 29°45′04″ N., 095°05′33″ W. 095°19.27′ W and 28°56.11′ N, 095°19.34′ W west to the T & N Rail Road Swing (NAD 1983). Bridge at the entrance to Buffalo (v) The Conoco Phillips Facility Bayou, including all waters adjacent to docks, containing all waters within 100′ the ship channel from shoreline to of a line drawn from a point on shore shoreline and the first 200 yards of con- at Latitude 28°55.96′ N, Longitude necting waterways. 095°19.77′ W, extending west to a point (2) Morgan’s Point, TX. The Barbours on shore at Latitude 28°56.19′ N, Lon- Cut Ship Channel and Turning Basin gitude 095°20.07′ W (NAD 1983). containing all waters west of a line (vi) The Freeport LNG Basin con- drawn between Barbours Cut Junction taining all waters shoreward of a line ° ′ ″ ° ′ ″ Light ‘‘BC’’ 29 41 12 N., 094 59 10 W. drawn between the eastern point at (LLNR–24750), and Houston Ship Chan- latitude 28°56′25″ N, 095°18′13″ W, and the ° ′ ″ ° ′ ″ nel Light 91, 29 40 58 N., 094 58 59 W. western point at 28°56′28″ N, 095°18′31″ (LLNR–24595) (NAD 1983). W, east towards the jetties. (3) Bayport, TX. The Port of Bayport, (b) Regulations. (1) Entry of into these Bayport Ship Channel and Bayport Turning Basin containing all waters zones is prohibited except for the fol- south of latitude 29°36′45″ N. and west lowing: of position 29°36′45″ N., 094°59′31″ W. (i) Commercial vessels operating at (NAD 1983). waterfront facilities within these (4) Texas City, TX. The Port of Texas zones; City Channel, Turning Basin and In- (ii) Commercial vessels transiting di- dustrial Canal containing all waters rectly to or from waterfront facilities bounded by the area south and west of within these zones; a line drawn from Texas City Channel (iii) Vessels providing direct oper- Light 19 (LLNR 26160) through Texas ational/logistic support to commercial City Cut B Inner Range Front Light vessels within these zones;

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(iv) Vessels operated by the appro- § 165.817 Arkansas River, Mile 118.2 to priate port authority or by facilities 125.4, Little Rock Arkansas—regu- located within these zones; and lated navigation area. (v) Vessels operated by federal, state, (a) Location. The following is a regu- county, or municipal agencies. lated navigation area (RNA): The (2) Other persons or vessels requiring waters of the Arkansas River between entry into a zone described in this sec- mile 118.2 and mile 125.4. tion must request express permission (b) Regulations. Transit of the RNA to enter from the Captain of the Port is limited during periods of high veloc- Houston-Galveston, or designated rep- ity flow, defined as the flow rate of resentative. The Captain of the Port 70,000 cubic feet per second or more at Houston-Galveston’s designated rep- the Murray Lock and Dam at mile resentatives are any personnel granted 125.4. The flow rate at this location is authority by the Captain of the Port calculated by the U.S. Army Corps of Houston-Galveston to receive, evalu- Engineers on a regular and routine ate, and issue written security zone basis. This information will be distrib- entry permits, or the designated on- uted by announcements by Coast scene U.S. Coast Guard patrol per- Guard Marine Information Broadcasts, sonnel described in paragraph (b)(4). publication in Coast Guard Local No- (3) To request permission as required tice to Mariners, and telephone or by these regulations contact ‘‘Houston radio contact with the Lockmaster at Traffic’’ via VHF Channels 11/12 or by Murray Lock and Dam. phone at 281–464–4837. (c) Transit of the RNA during periods (4) All persons and vessels shall com- of high velocity flow may only occur ply with the instructions of the Cap- under the following conditions: tain of the Port Houston-Galveston and (1) Vessels may not meet or pass in designated on-scene U.S. Coast Guard the RNA. patrol personnel. On-scene U.S. Coast (2) No vessel shall anchor, stop, re- Guard patrol personnel include com- main or drift without power at any missioned, warrant, and petty officers time in the RNA. of the U.S. Coast Guard. (3) All vessels shall continually mon- [COTP Houston-Galveston–02–009, 67 FR itor VHF-FM channel 13 on their radio- 23593, May 5, 2003, as amended by USCG–2009– telephone while in or approaching the 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, RNA. 75 FR 11002, Mar. 10, 2010; USCG–2014–0410, 79 (4) Prior to entering the RNA, FR 38448, July 7, 2014; USCG–2015–0433, 80 FR downbound vessels shall make a broad- 44286, July 27, 2015] cast in the blind on VHF-FM channel 13 announcing their estimated time of § 165.815 Ohio River at Louisville, KY; departure from Murray Lock and Dam regulated navigation area. or from the mooring cells at mile 121.5 (a) The following is a regulated navi- to ensure there are no upbound vessels gation area: The waters of the Ohio within the RNA. If there is upbound River from the Clark Memorial (High- traffic within the RNA, the downbound way) Bridge at Mile 603.5, downstream vessel shall not depart until the to McAlpine Dam at Mile 604.4. upbound vessel has passed through the (b) The general regulations governing RNA. After departing, vessels will pro- regulated navigation area contained in ceed through the RNA, including all 33 CFR part 165, subpart B apply. drawbridges located therein, without (c) No pleasure or fishing craft shall delay. be operated within the regulated navi- (5) When upbound vessels reach mile gation area at any time without prior 116, they shall make a broadcast in the permission of the Captain of the Port, blind on VHF-FM channel 13 announc- Ohio Valley, except in case of emer- ing their estimated arrival time at the gency and except for passage through Rock Island Railroad Bridge at mile McAlpine Lock. 118.2. [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- (6) When a downbound vessel is al- ignated by CGD 96–026, 61 FR 33669, June 28, ready in the RNA, an upbound vessel 1996, as amended by USCG–2018–0533, 85 FR shall adjust its speed so as to avoid a 8173, Feb. 13, 2020] meeting situation in the RNA.

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(d) Refer to 33 CFR 117.123 for draw- ter by telephone at (713) 671–5113. In bridge operation regulations. Freeport, vessels should contact the Captain of the Port’s designated on- [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- ignated by CGD 96–026, 61 FR 33669, June 28, scene representative for the moving se- 1996] curity zone on VHF Channel 16, or by telephone at (979) 233–7551. § 165.818 Moving Security Zones, for (c) Certain vessel definition. For the certain vessels in Freeport En- purposes of this section, certain vessel trance Channel, Freeport, Texas. means any vessel within the 12 nau- (a) Location. The following areas are tical mile U.S. Territorial Waters and security zones: All waters within the bound for the Port of Freeport that is Captain of the Port Houston-Galveston deemed to be in need of a moving secu- Zone commencing at U.S. territorial rity zone by the Captain of the Port, waters through the Freeport Entrance Houston-Galveston for security rea- Channel, from surface to bottom, one sons. In making this determination, thousand (1000) yards ahead and astern the Captain of the Port considers all and five hundred (500) yards on each relevant security factors, including but side of any vessel that has a moving se- not limited to the presence of unusu- curity zone established around it. ally harmful or hazardous substances (b) Regulations. Entry into or remain- and the risk to population or infra- ing in the zones described in paragraph structure. (a) of this section is prohibited unless (d) Informational broadcasts. The Cap- authorized as follows: tain of the Port Houston-Galveston (1) Moored vessels or vessels an- will inform the public when moving se- chored in a designated anchorage area curity zones have been established are permitted to remain moored or an- around certain vessels via Broadcast chored if they come within a security Notice to Mariners on VHF channel 16 zone described in paragraph (a) of this and 13. Vessels that have a moving se- section. A moored or an anchored ves- curity zone in place around them will sel in a security zone must remain display the international signal flag or moored or anchored unless it obtains pennant number five. permission from the Captain of the (e) Authority. In addition to 46 U.S.C. Port to do otherwise. 70034 and 46 U.S.C. 70051, the authority (2) Commercial vessels operating at for this section includes 46 U.S.C. 70116. the waterfront facilities within these zones. [USCG–2008–0125, 75 FR 8490, Feb. 25, 2010] (3) Commercial vessel transiting directly to or from waterfront facilities § 165.819 Security Zone; Sabine Bank within these zones. Channel, Sabine Pass Channel and Sabine-Neches Waterway, TX. (4) Vessels providing direct operational/logistic support to commercial (a) Location. (1) The following LNG vessels within these zones. facility mooring basins are designated (5) Vessels operated by the port au- as fixed security zones whenever LNG thority or by facilities located within carriers are moored within them: these zones. (i) Golden Pass LNG, Sabine TX: All (6) Vessels operated by Federal, mooring basin waters south of a line State, county, or municipal agencies. connecting the following points—be- (7) All persons and vessels within the ginning at 29°45′58″ N, 093°55′40″ W; then moving security zone must comply east to a point at 29°45′52.8″ N, with the instructions of the Captain of 093°55′20.8″ W; then bearing 120° T to the the Port Houston-Galveston and des- shoreline at 29°45′50″ N, 093°55′17″ W. ignated on-scene U.S. Coast Guard pa- (ii) Sabine Pass LNG, Cameron Parish, trol personnel. On-scene U.S. Coast LA: All mooring basin waters north of Guard patrol personnel include com- a line connecting the following missioned, warrant, and petty officers points—beginning at the shoreline in of the U.S. Coast Guard. position 29°44′34.7″ N, 093°52′29″ W; then (8) To request permission as required southeast to a point at 29°44′31.4″ N, by these regulations, contact the Sec- 093°52′26.4″ W; then bearing 121° T to a tor Houston-Galveston Command Cen- point at 29°44′25.2″ N, 093°52′14.6″ W;

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then bearing 116° T to the shoreline at (3) Meeting, crossing or overtaking 29°44′23.75 N, 093°52′00″ W. situations are not permitted within the (2) The following areas are designated security zone described in paragraph as moving security zones: All waters of (a)(2) of this section unless specifically the Captain of the Port, Port Arthur authorized by the Captain of the Port. Zone commencing at U.S. territorial (4) Other persons or vessels requiring waters and extending from the surface entry into security zones described in to the bottom, channel edge to channel this section must request permission edge on the Sabine Bank and Sabine from the Captain of the Port, Port Ar- Pass Channels and shoreline to shore- thur or designated representative. line on the Sabine-Neches Waterway, 2 (5) To request permission to enter a miles ahead and 1 mile astern of cer- security zone described in this section, tain designated vessels while in transit contact Vessel Traffic Service Port Ar- within in the Captain of the Port, Port thur on VHF Channel 01A or 65A; by Arthur zone. Mariners would be noti- telephone at (409) 719–5070; by fax at fied of designated vessels by Broadcast (409) 719–5090; or contact the Captain of Notice to Mariners and the presence of the Port’s designated on-scene patrol escort vessels displaying flashing blue vessel on VHF channel 13 or 16. law enforcement lights. (6) All persons and vessels within a (b) Regulations. (1) Entry into or re- security zone described in this section maining in a fixed security zone de- must comply with the instructions of scribed in paragraph (a)(1) of this sec- the Captain of the Port, Port Arthur, tion is prohibited for all vessels except: designated on-scene U.S. Coast Guard (i) Commercial vessels operating at patrol personnel or other designated waterfront facilities within these representatives. Designated on-scene zones; U.S. Coast Guard patrol personnel in- (ii) Commercial vessels transiting di- clude commissioned, warrant, and rectly to or from waterfront facilities petty officers of the U.S. Coast Guard. within these zones; Designated representatives include (iii) Vessels providing direct oper- Federal, State, local and municipal law ational or logistical support to com- enforcement agencies. mercial vessels within these zones; (iv) Vessels operated by the appro- [USCG–2009–0316, 75 FR 65235, Oct. 22, 2010, as priate port authority or by facilities amended at 76 FR 1521, Jan. 11, 2011] located within these zones; and (v) Vessels operated by Federal, § 165.820 Security Zone; Ohio River State, county, or municipal law en- Mile, 34.6 to 35.1, Shippingport, Pennsylvania. forcement agencies. (2) Entry into or remaining in a mov- (a) Location. The following area is a ing security zone described in para- security zone: The waters of the Ohio graph (a)(2) of this section is prohibited River, extending 200 feet from the for all vessels except: shoreline of the left descending bank (i) Moored vessels or vessels anchored beginning from mile marker 34.6 and in a designated anchorage area. A ending at mile marker 35.1. moored or an anchored vessel in a secu- (b) Regulations. (1) Entry into or re- rity zone described in paragraph (a)(2) maining in this zone is prohibited un- of this section must remain moored or less authorized by the Coast Guard anchored unless it obtains permission Captain of the Port, MSU Pittsburgh. from the Captain of the Port to do oth- (2) Persons and vessels desiring to erwise; transit the area of the security zone (ii) Commercial vessels operating at may contact the Captain of the Port, waterfront facilities located within the MSU Pittsburgh at telephone number zone; 412–644–5808 or on VHF channel 16 to (iii) Vessels providing direct oper- seek permission to transit the area. If ational support to commercial vessels permission is granted, all persons and within a moving security zone; vessels must comply with the instruc- (iv) Vessels operated by Federal, tions of the Captain of the Port, MSU State, county, or municipal law en- Pittsburgh or his designated represent- forcement agencies. ative.

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(c) Authority. In addition to 46 U.S.C. of Federal Regulations Subchapters D 70034, the authority for this section in- and O with a tow length exceeding 600 cludes 46 U.S.C. 70116. feet excluding the tow boat is prohibited. [COTP Pittsburgh–02–005, 67 FR 40163, June 12, 2002, as amended by USCG–2018–0533, 85 (2) No vessel shall loiter, anchor, FR 8173, Feb. 13, 2020] stop, remain or drift without power at any time within the navigation chan- § 165.821 Ohio River at Cincinnati, OH; nel of the RNA. regulated navigation area. (3) All commercial vessels shall con- (a) Location. The following is a regu- tinually monitor VHF-FM channel 13 lated navigation area (RNA)—The on their radiotelephone while in or ap- waters of the Ohio River between mile proaching the RNA. 466.0 and mile 473.0. (4) Between Ohio River miles 464.0 (b) Activation. The restrictions in and 466.0, downbound vessels shall paragraphs (c) (1) through (4) are in ef- make a broadcast in the blind, on VHF- fect from one-half hour before sunset FM channel 13 announcing their esti- to one-half hour after sunrise when the mated time of entering the RNA. Cincinnati, Ohio, Ohio River Gauge is [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- at or above the 45 foot level. The Cap- designated by CGD 97–023, 62 FR 33365, June tain of the Port, Ohio Valley will pub- 19, 1997, as amended by USCG–1998–3799, 63 lish a notice in the Local Notice to FR 35533, June 30, 1998; USCG–2018–0533, 85 Mariners and will make announce- FR 8173, Feb. 13, 2020] ments by Coast Guard Marine Informa- tion Broadcasts whenever the river § 165.822 Safety Zone; Fireworks Dis- level measured at the gauge activates play, Kanawha River, WV. or terminates the navigation restric- (a) Safety zones. The following areas tions in this section. are designated safety zones: all waters (c) Regulations. (1) Transit through between the specified mile markers on the RNA by all downbound vessels tow- the Kanawha River, described as fol- ing cargoes regulated by Title 46 Code lows in the Table to § 165.822(a):

TABLE TO § 165.822(a)

Event name Event location Scheduled date

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

(b) Enforcement. The Captain of the on VHF–FM Channels 13 or 16, or by Port Ohio Valley or designated rep- telephone at (800) 253–7465. resentative will inform the public (3) All persons and vessels shall com- through broadcast notice to mariners ply with the instructions of the Cap- of the enforcement periods for the safe- tain of the Port Ohio Valley and des- ty zones. ignated on-scene U.S. Coast Guard pa- (c) Regulations. (1) In accordance with trol personnel. the general regulations in § 165.23 of (4) On-scene U.S. Coast Guard patrol this part, entry into this zone is pro- personnel include commissioned, war- hibited unless authorized by the Cap- rant, and petty officers of the U.S. tain of the Port Ohio Valley or des- Coast Guard. ignated representative. [USCG–2010–1015, 76 FR 28314, May 17, 2011] (2) Persons or vessels requiring entry into or passage through this zone must request permission from the Captain of the Port Ohio Valley, or a designated representative. They may be contacted

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§ 165.823 Allegheny River, ing 300 feet from the shoreline of the Monongahela River, and Ohio left descending bank beginning from River, Pittsburgh, Pennsylvania; mile marker 506.3 and ending at mile Regulated Navigation Area. marker 507.3. (a) Location. The following is a regu- (4) Prairie Island Nuclear Generating lated navigation area (RNA): The Facility Security Zone, Welch, Min- waters of the Allegheny, Monongahela, nesota—all waters of the Upper Mis- and Ohio Rivers between the Ninth sissippi River, extending 300 feet from Street Highway Bridge at mile marker the shoreline of the right descending (MM) 0.8 on the Allegheny River, Fort bank beginning from mile marker 798.0 Pitt Highway Bridge at MM 0.22 on the and ending at 798.3. Monongahela River, and West End- (5) Clinton Power Station Security North Side Highway Bridge at MM 0.8 Zone, Clinton, Illinois—all waters of on the Ohio River. Lake Clinton in Dewitt County in East (b) Applicability. This section applies Central Illinois bounded by a dam con- to any vessel operating within the structed near the confluence of Salt RNA, including a naval or public ves- Creek River mile 56 and the north fork sel, except a vessel engaged in: of Salt Creek. The zone extends out 600 (1) Law enforcement; feet from shore. Boundaries of the zone (2) Servicing aids to navigation; or begin at 40°10′30″ N, 88°50′30″ W; thence (3) Surveying, maintaining, or im- east to 40°10′30″ N, 88°49′55″ W; thence proving waters within the RNA. south to 40°10′15″ N, 88°49′55″ W; thence (c) Regulations. (1) No vessel shall loi- west to 40°10′15″ N, 88°50′30″ W; thence ter, anchor, stop, moor, remain or drift returning north to the origin. These at any time more than 100 feet from coordinates are based upon [NAD 83]. any river bank within the RNA without (b) Regulations. (1) Entry into these permission of the Captain of the Port security zones is prohibited unless au- (COTP), or any Coast Guard commis- thorized by the Coast Guard Captain of sioned, warrant, or petty officer who the Port, Upper Mississippi or des- has been designated by the COTP to ignated representative. act on his or her behalf. (2) The Ft. Calhoun and Cooper secu- (2) No vessel shall loiter, anchor, rity zones include a portion of the nav- stop, moor, remain or drift in any man- igable channel of the Missouri River. ner as to impede safe passage of an- All vessels that may safely navigate other vessel to any launching ramp, outside of the channel are prohibited marina, or fleeting area. from entering the security zone with- [USCG–2019–0118, 85 FR 2307, Jan. 15, 2020] out the express permission of the Cap- tain of the Port, Upper Mississippi or § 165.825 Security Zones; Captain of designated representative. Vessels that the Port St. Louis, Missouri. are required to use the channel for safe (a) Location. The following areas are navigation are authorized entry into security zones: the zone but must remain within the (1) Fort Calhoun Nuclear Power Station channel unless expressly authorized by Security Zone, Fort Calhoun, Nebraska— the Captain of the Port Upper Mis- all waters of the Missouri River, ex- sissippi or designated representative. tending 75 feet from the shoreline of (3) Persons or vessels requiring the the right descending bank beginning permission of the Captain of the Port, from mile marker 645.6 and ending at Upper Mississippi to enter the security mile marker 646.0. zones must contact the Coast Guard (2) Cooper Nuclear Station Security Sector Upper Mississippi River at tele- Zone, Brownville, Nebraska—all waters phone number 319 524–7511 or on VHF of the Missouri River, extending 250 marine channel 16 or Marine Safety De- feet from the shoreline of the right detachment Quad Cities at telephone scending bank beginning from mile number 309 782–0627 or the Captain of marker 532.5 and ending at mile mark- the Port, Upper Mississippi at tele- er 532.9. phone number 314 539–3091, ext. 3500 in (3) Quad Cities Generating Station Se- order to seek permission to enter the curity Zone, Cordova, Illinois—all waters security zones. If permission is grant- of the Upper Mississippi River, extended, all persons and vessels must comply

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with the instructions of the Captain of requirements under this RNA will be the Port, Upper Mississippi or des- enforced only when directed by the Dis- ignated representative. trict Commander or designated rep- (4) Designated representatives are resentative under paragraphs (d)(1)(ix), commissioned, warrant, and petty offi- (d)(2)(iv), (f)(9), and (g)(4) of this sec- cers of the U.S. Coast Guard. tion. Reporting points as listed in para- (c) Authority. In addition to 46 U.S.C. graph (e) of this section may be used to 70034, the authority for this section in- determine and inform where reporting cludes 46 U.S.C. 70116. is required. Compliance under other [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, parts of this section is stayed until a 2002, as amended by USCG–2018–0533, 85 FR future date published in the FEDERAL 8173, Feb. 13, 2020] REGISTER, if determined necessary. (2) This section applies to towing ves- § 165.827 Regulated Navigation Area; sel operators and fleeting area man- Galveston Channel, TX. agers responsible for CDC barges in the (a) Location. The following area is a RNA. This section does not apply to: regulated navigation area: All waters (i) Towing vessel operators respon- of the Galveston Channel within the sible for barges not carrying CDCs area from Latitude 29°20′19″ N, Lon- barges, or gitude 094°46′36″ W, east to Latitude (ii) Fleet tow boats moving one or 29°20′06″ N, Longitude 094°46′15″ W, more CDC barges within a fleeting south to Latitude 29°19′47″ N, Longitude area. ° ′ ″ ° ′ ″ 094 46 27 W, west to Latitude 29 19 51 (c) Definitions. As used in this sec- ° ′ ″ N, Longitude 094 46 45 W, and north to tion— Latitude 29°20′19″ N, Longitude ° ′ ″ Barge means a non-self propelled ves- 094 46 36 W. sel engaged in commerce, as set out in (b) (1) Vessels navigating Regulations. 33 CFR 160.202. this area must do so at a minimum safe Certain Dangerous Cargo or (CDC) in- speed so as to not cause any wake. (2) Vessels may proceed at greater cludes any of the following: than a minimum safe speed with per- (1) Division 1.1 or 1.2 explosives as de- mission of the Captain of the Port fined in 49 CFR 173.50. Houston-Galveston or a designated rep- (2) Division 1.5D blasting agents for resentative. which a permit is required under 49 (3) To request permission as required CFR 176.415 or, for which a permit is re- by these regulations, contact the Sec- quired as a condition of a Research and tor Houston-Galveston Command Cen- Special Programs Administration ex- ter by telephone at (713)671–5113. emption. (3) Division 2.3 ‘‘poisonous gas’’, as [USCG–2009–0931, 75 FR 47715, Aug. 9, 2010] listed in 49 CFR 172.101 that is also a § 165.830 Regulated Navigation Area; ‘‘material poisonous by inhalation’’ as Reporting Requirements for Barges defined in 49 CFR 171.8, and that is in a Loaded with Certain Dangerous quantity in excess of 1 metric ton per Cargoes, Inland Rivers, Eighth barge. Coast Guard District. (4) Division 5.1 oxidizing materials (a) Regulated Navigation Area. The fol- for which a permit is required under 49 lowing waters are a regulated naviga- CFR 176.415 or, for which a permit is re- tion area (RNA): the Mississippi River quired as a condition of a Research and above mile 235.0, Above Head of Passes, Special Programs Administration ex- including all its tributaries; the emption. Atchafalaya River above mile 55.0, in- (5) A liquid material that has a pri- cluding the Red River; the Ohio River mary or subsidiary classification of Di- and all its tributaries; and the Ten- vision 6.1 ‘‘poisonous material’’ as list- nessee River from its confluence with ed in 49 CFR 172.101 that is also a ‘‘ma- the Ohio River to mile zero on the Mo- terial poisonous by inhalation’’, as de- bile River and all other tributaries be- fined in 49 CFR 171.8 and that is in a tween these two rivers. bulk packaging, or that is in a quan- (b) Enforcement and applicability. (1) tity in excess of 20 metric tons per Beginning January 1, 2016, reporting barge when not in a bulk packaging.

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(6) Class 7, ‘‘highway route controlled (i) Upon point of entry into the RNA quantity’’ radioactive material or with one or more CDC barges; ‘‘fissile material, controlled ship- (ii) Four hours before originating a ment’’, as defined in 49 CFR 173.403. voyage within the RNA with one or (7) Bulk liquefied chlorine gas and more CDC barges, except if the evo- bulk liquefied gas cargo that is flam- lution of making up a tow with a CDC mable and/or toxic and carried under 46 barge will take less than four hours be- CFR 154.7. fore originating a voyage, and the tow- (8) The following bulk liquids— ing vessel operator did not receive the (i) Acetone cyanohydrin, order to make up a tow with a CDC (ii) Allyl alcohol, barge in advance of four hours before (iii) Chlorosulfonic acid, originating the voyage with one or (iv) Crotonaldehyde, more CDC barges, in which case the (v) Ethylene chlorohydrin, towing vessel operator shall submit the (vi) Ethylene dibromide, required report to the D8 CDCRU as (vii) Methacrylonitrile, soon as possible after receiving orders (viii) Oleum (fuming sulfuric acid), to make up a tow with one or more and CDC barges; (ix) Propylene oxide. (iii) Upon dropping off one or more CDC barge means a barge containing CDC barges at a fleeting area or facil- CDCs or CDC residue. ity; Downbound means the tow is trav- (iv) Upon picking up one or more ad- eling with the current. ditional CDC barges from a fleeting Eighth Coast Guard District means the area or facility; Coast Guard District as set out in 33 (v) At designated reporting points, CFR 3.40–1. set forth in paragraph (e) of this sec- Fleeting area means any fleet, includ- tion; ing any facility, located within the (vi) When the estimated time of ar- area covered by one single port. rival (ETA) to a reporting point varies Fleet tow boat means any size vessel by 6 hours from the previously reported that is used to move, transport, or de- ETA; liver a CDC barge within a fleeting (vii) Any significant deviation from area. previously reported information; Eighth District CDC Reporting Unit or (viii) Upon departing the RNA with (D8 CDCRU) means the Coast Guard of- one or more CDC barges; and fice that is responsible for collecting (ix) When directed by the District the information required by this sec- Commander or designated representa- tion. tive. Towing vessel means any size vessel (2) The fleeting area manager respon- that is used to move, transport, or de- sible for one or more CDC barges in the liver a CDC barge to a fleet or facility RNA must report all the information that is located in a different port than items specified in table 165.830(g), in where the voyage originated. paragraph (g) of this section, to the D8 Towing vessel operator means the Cap- CDCRU: tain or pilot who is on watch on board (i) Once daily, report all CDC barges a towing vessel. within the fleeting area; Upbound means the tow is traveling (ii) Upon moving one or more CDC against the current. barges within a fleeting area by a fleet (d) Regulations. The following must tow boat; report to the Eighth District CDC Re- (iii) Any significant deviation from porting Unit Eighth District (D8 previously reported information; and CDCRU): (iv) When directed by the District (1) The towing vessel operator re- Commander or designated representa- sponsible for one or more CDC barges tive. in the RNA must report all the infor- (3) Reports required by this section mation items specified in table may be made by a company representa- 165.830(f), in paragraph (f) of this sec- tive or dispatcher on behalf of the tion, to the D8 CDCRU: fleeting area manager.

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(4) When required, reports under this (ii) Departing New LaGrange L&D section must be made either by email (iii) M 140.0 at [email protected] or via phone (iv) M 187.2 (Entering & Exiting RNA) or fax as provided in the notification as (5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as indicated: directed by the District Commander or (i) M 950.0–952.0 designated representative through the (ii) Arriving Smithland L&D D8 CDCRU. Notification of when and (iii) M 826.0–828.0 where reporting is required may be (iv) M 748.0–750.0 made through Marine Safety Informa- (v) M 673.0–675.0 tion Bulletins, Notices of Enforcement, (vi) M 628.0–630.0 email and/or through industry out- (vii) M 556.0–559.0 (viii) M 511.0–513.0 reach. At all other times, reporting (ix) Departing Capt Anthony Meldahl L&D under this section is not required and (x) Arriving Greenup L&D (upbound) communications should be directed to (xi) Departing Greenup L&D (downbound) the Captain of the Port. (xii) Departing Robert C. Byrd L&D (5) The general regulations contained (upbound) in 33 CFR 165.13 apply to this section. (xiii) Arriving Robert C. Bryd L&D (e) Eighth Coast Guard District Inland (downbound) (xiv) Departing Belleville L&D River RNA Reporting points. Towing ves- (xv) Departing Hannibal L&D sel operators responsible for one or (xvi) Departing Montgomery L&D more CDC barges in the RNA must (6) Allegheny River at Lock & Dam (L&D), as make reports to the D8 CDCRU at each indicated: point listed in this paragraph (e): (i) Departing L&D 4 (upbound) (1) Lower Mississippi River (LMR), between (ii) Arriving L&D 4 (downbound) Mile Markers (M): (7) Monongahela River Departing Lock & (i) M 235.0–240.0 (Entering & Exiting RNA) Dam (L&D): (ii) M 338.0–343.0 (i) Grays Landing L&D (iii) M 430.0–435.0 (ii) L&D 3 (iv) M 520.0–525.0 (8) Kanawha River, at Lock & Dam (L&D), as (v) M 621.0–626.0 indicated: (vi) M 695.0–700.0 (i) Arriving Winfield L&D (upbound) (vii) M 772.0–777.0 (ii) Departing Winfield L&D (downbound) (viii) M 859.0–864.0 (9) Cumberland River, between Mile Markers (ix) M 945.0–950.0 (M) and Departing Lock & Dam (L&D), (2) Upper Mississippi River (UMR), between unless otherwise indicated: Mile Markers (M) and Departing Lock & (i) Departing Old Hickory L&D (upbound) Dam (L&D), unless otherwise indicated: (ii) Arriving Old Hickory L&D (downbound) (i) L&D 3 (iii) M 127.0–129.0 (ii) L&D 4 (iv) Barkley L&D (iii) L&D 8 (10) Tennessee River, between Mile Markers (iv) L&D 11 (M) and when Departing Lock & Dam (v) L&D 14 (L&D), unless otherwise indicated: (vi) L&D 18 (i) Fort Loudon L&D (vii) L&D 21 (ii) Watts Bar L&D (viii) L&D 25 (iii) Departing Chickamauga L&D (ix) Arriving Melvin Price L&D (upbound) (downbound) (iv) Arriving Chickamauga L&D (x) Departing Melvin Price L&D (upbound) (downbound) (xi) M 150.0–145.0 (v) Nickajack L&D (xii) M 66.0–61.0 (vi) Gunterville L&D (3) Missouri River (MOR), between Mile (vii) General Joe Wheeler L&D Markers (M): (viii) Pickwick Landing L&D (i) M 54.0–56.0 (ix) M 122.0–124.0 (ii) M 115.0–117.0 (x) Kentucky L&D (iii) M 208.0–210.0 (11) Tennessee-Tombigbee River, between (iv) M 326.0–328.0 Mile Markers (M) and when Departing (v) M 397.0–399.0 Lock & Dam (L&D): (vi) M 487.0–489.0 (i) Lock D (vii) M 572.0–574.0 (ii) Aberdeen L&D (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)

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(ii) [Reserved] (16) Red River, between Mile Markers (M) (13) Black Warrior River, when Departing and when Departing Lock & Dam (L&D): L&D: (i) L.C. Boggs L&D (i) Holt L&D (ii) Lock 3 (ii) [Reserved] (iii) M 178.0–180.0 (14) Alabama River, when Departing L&D: (17) Atchafalaya River, at Mile Marker (M): (i) Claiborne L&D (i) 55.0 (Entering & Exiting RNA) (ii) Henry L&D (15) McClellan-Kerr Arkansas River Naviga- (ii) [Reserved] tion System, when Departing Lock & (f) Information to be reported to the D8 Dam (L&D), unless otherwise indicated: CDCRU by towing vessel operators. With (i) Chouteau L&D the exception noted in paragraph (ii) W.D. Mayo L&D (d)(1)(ii) of this section, towing vessel (iii) Ozark-Jeta Taylor L&D operators responsible for one or more (iv) L&D 9 (v) Arriving David D. Terry L&D (upbound) CDC barges in the RNA must report all (vi) Departing David D. Terry L&D the information required by this sec- (downbound) tion as set out in table 165.830(f) of this (vii) L&D 2 paragraph.

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Reporting PERATORS ) X X ) X 1 O arrival tination of CDC barge cluding esti- (fleeting area or facility), in- cation of des- Name and lo- mated time of ESSEL V ...... X ...... OWING or facility T Estimated time of departure from fleeting area BY ) ...... ) ...... ( ...... X 1 1 board of CDC on- Type, name and amount D8 CDCRU ) ( 1 ber Barge(s) name and official num- EPORTED TO THE R E Name of B vessel moving barge(s) O T contact number 24-hour NFORMATION 165.830(f)—I ABLE T If changed. CDC barge...... X X X CDC X X in the RNA with one or more CDC barges; but see exception in paragraph (d)(1)(ii) of this section at a fleeting area or facility CDC barges from a fleeting area or facility representative...... 165.830(e) ...... hours from previously reported ETA ...... X X X X X ...... X ( ...... designated X ported information (all that apply) ...... X barge(s) X ...... X ...... X ...... or 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 District Commander

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(g) Information to be reported to the D8 report the information required by this CDCRU 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 D8 CDCRU 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 District Commander or designated representative...... 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 designated represent- Buoy, while transiting in the Port of ative. Mobile, or while moored in the Port of Mobile. The Captain of the Port Mobile (Approved by the Office of Management and Budget under OMB control number 1625–0105) or a designated representative would inform the public through broadcast [CDG08–03–029, 68 FR 57363, Oct. 3, 2003; 68 FR notice to mariners of the enforcement 63988, Nov. 12, 2003, as amended at 68 FR periods for the security zone. 69959, Dec. 16, 2003; USCG–2005–21869, 80 FR 5336, Jan. 30, 2015; USCG–2013–0760, 80 FR (d) Regulations. (1) Under § 165.33 of 79480, Dec. 22, 2015] this part, entry into a security zone is prohibited unless authorized by the § 165.835 Security Zone; Port of Mo- Captain of the Port Mobile or a des- bile, Mobile Ship Channel, Mobile, ignated representative. AL. (2) While a cruise ship is transiting (a) Definition. As used in this sec- on the Mobile Ship Channel shoreward tion— of the Mobile Sea Buoy, and while Cruise ship means a passenger vessel transiting in the Port of Mobile, all over 100 gross tons, carrying more than persons and vessels are prohibited from 12 passengers for hire, making a voyage entering within 100 yards of a cruise lasting more than 24 hours any part of ship. which is on the high seas, and for (3) While a cruise ship is moored in which passengers are embarked or dis- the Port of Mobile, all persons and ves- embarked in the United States or its sels are prohibited from entering with- territories. This definition covers pas- in 25 yards of a cruise ship.

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(4) Persons or vessels that desire to asset displaying the applicable agency enter into the security zone for the markings and/or equipment associated purpose of passing or overtaking a with the agency. Escorted vessel also 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, warrant, and petty officers of the U.S. (2) In the process of coming up onto Coast Guard. or coming off a plane; or (3) Creating an excessive wake or [COTP Mobile–04–057, 70 FR 20813, Apr. 22, surge. 2005] (b) Regulated area. All navigable § 165.836 Security Zone; Escorted Ves- waters, as defined in 33 CFR 2.36, with- sels, Mobile, Alabama, Captain of in the Captain of the Port Zone, Mo- the Port. bile, Alabama, as described in 33 CFR (a) Definitions. The following defini- 3.40–10. tions apply to this section: (c) Security zone. A 500-yard security COTP means Captain of the Port Mo- zone is established around each es- bile, AL. corted vessel within the regulated area Designated representatives means described in paragraph (b) of this sec- Coast Guard Patrol Commanders in- tion. This is a moving security zone cluding Coast Guard coxswains, petty when the escorted vessel is in transit officers and other officers operating and becomes a fixed zone when the es- Coast Guard vessels, and Federal, corted vessel is anchored or moored. A State, and local officers designated by security zone will not extend beyond or assisting the COTP, in the enforce- the boundary of the regulated area de- ment of the security zone. scribed in paragraph (b) of this section. Escorted vessel means a vessel, other (d) Regulations. (1) The general regu- than a large U.S. naval vessel as de- lations for security zones contained in fined in 33 CFR 165.2015, that is accom- § 165.33 of this part applies to this sec- panied by one or more Coast Guard as- tion. sets or other Federal, State, or local (2) A vessel may request the permis- law enforcement agency assets clearly sion of the COTP Mobile or a des- identifiable by flashing lights, vessel ignated representative to enter the se- markings, or with agency insignia as curity zone described in paragraph (c) follows: Coast Guard surface or air of this section. If permitted to enter asset displaying the Coast Guard insig- the security zone, a vessel must pro- nia. State and/or local law enforcement ceed at the minimum safe speed and

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must comply with the orders of the structions of the Captain of the Port or COTP or a designated representative. his or her designated representative. (e) Notice of security zone. The COTP (2) All persons and vessels must com- will inform the public of the existence ply with the instructions of the Coast 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 amended at 74 FR 22102, May 12, 2009] sels/aircraft and support personnel, or other vessels authorized by the Captain § 165.837 Safety Zone; Invista Inc Fa- of the Port Corpus Christi or his des- cility Docks, Victoria Barge Canal, ignated representative. Victoria, Texas. (e) Penalties. Vessels or persons vio- (a) Location. The following area is a lating this rule are subject to the pen- safety zone: All waters contained with- alties set forth in 46 U.S.C. 70036 and 46 in a 500-foot (152.5m) extension east and U.S.C. 70052. west of the Invista Inc facility docks [USCG–2009–0797, 75 FR 13436, Mar. 22, 2010] while performing offloading operations. (b) Enforcement period. This rule will § 165.838 Regulated Navigation Area; be enforced for periods of 24–30 hours Gulf Intracoastal Waterway, Inner twice a month, from the time the over- Harbor Navigation Canal, New Or- sized barge docks at the Invista Inc fa- leans, LA. cility until the vessel departs the facil- (a) Location. The following is a regu- ity upon conclusion of its offloading lated navigation area (RNA): operations. The Captain of the Port (1) The Gulf Intracoastal Waterway Corpus Christi will issue a Broadcast (GIWW) from Mile Marker (MM) 22 Notice to Mariners before beginning East of Harvey Locks (EHL), west on enforcement and upon ceasing enforce- the GIWW, including the Michoud ment of the safety zone. Canal and the Inner Harbor Navigation (c) Definitions. The following defini- Canal (IHNC), extending North 1⁄2 mile tion applies to this section: from the Seabrook Flood Gate Complex designated representative means any out into Lake Pontchartrain and South commissioned, warrant, and petty offi- to the IHNC Lock. cers of the Coast Guard on board Coast (2) The Harvey Canal, between the Guard, Coast Guard Auxiliary, and Lapalco Boulevard Bridge and the con- local, state, and Federal law enforce- fluence of the Harvey Canal and the Al- ment vessels who have been authorized giers Canal; to act on the behalf of the Captain of (3) The Algiers Canal, from the Al- the Port Corpus Christi. giers Lock to the confluence of the Al- (d) Regulations. (1) Persons desiring giers Canal and the Harvey Canal; to transit the area of the safety zone (4) The GIWW from the confluence of may contact the Captain of the Port at Harvey Canal and Algiers Canal to MM telephone number 1–361–939–6393, or the 7.5 West of Harvey Locks (WHL) barge on VHF Channel 16 (156.800MHz) (b) Definitions. As used in this sec- to seek permission to transit the area. tion: If permission is granted, all persons (1) Breakaway means a floating ves- and vessels must comply with the in- sel that is adrift and that is not under

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its own power or the control of a forced during a tropical event begin- towboat, or secured to its moorings. ning 24 hours in advance of the pre- (2) COTP means the Captain of the dicted closure of the IHNC Lake Port, New Orleans; Borgne Surge Barrier structure within (3) Facility means a fleeting, mooring, the HSDRRS (IHNC & GIWW) in the industrial facility or marina along the area defined in paragraph (a)(1) of this shoreline at which vessels are or can be section. moored and which owns, possesses, (2) The provisions of paragraph (d) of moors, or leases vessels located in the this section will be enforced beginning areas described in paragraph (a) of this 24 hours in advance of the predicted section. closure of the West Closure Complex (3) Fleet includes one or more tiers of within the HSDRRS (Harvey & Algiers barges. Canals) in the area defined in para- (4) Fleeting or mooring facility graphs (a)(2) through (4) of this section. means the area along the shoreline at which vessels are or can be moored. (3) If the Coast Guard receives notice (5) Floating vessel means any float- of a closure less than 24 hours before ing vessel to which 46 U.S.C. Chapter closure, the provisions of paragraph (d) 700 applies. of this section will be enforced upon (6) Mooring barge or spar barge the COTP receiving the notice of pre- means a barge moored to mooring de- dicted closing. vices or secured to the ground by (4) In the event that a particularly spuds, and to which other barges may dangerous storm is predicted, the be moored. COTP, in consultation with the Port (7) Mooring device includes a Coordination Team, may require all deadman, anchor, pile or other reliable floating vessels to evacuate the RNA holding apparatus. beginning as early as 72 hours before (8) Navigational structures are the predicted closure of any navigational Seabrook Floodgate Complex, the structure or upon notice that particu- IHNC Lake Borgne Surge Barrier, and larly dangerous storm conditions are the West Closure Complex components approaching, whichever is less. of the Hurricane and Storm Damage (5) The COTP will notify the mari- Risk Reduction System (HSDRRS). time community of the enforcement (9) Person in charge includes any periods for this RNA through Marine owner, agent, pilot, master, officer, op- Safety Information Bulletins and Safe- erator, crewmember, supervisor, dis- ty Broadcast Notices to Mariners. patcher or other person navigating, (d) Regulations. During the period controlling, directing or otherwise re- that the RNA is enforced and before sponsible for the movement, action, se- closure of the navigational structures, curing, or security of any vessel, barge, all floating vessels must depart the tier, fleet or fleeting or mooring facil- RNA except as follows: ity subject to the regulations in this section. (1) Floating vessels may remain in (10) Tier means barges moored inter- the Harvey and Algiers Canals, pro- dependently in rows or groups. vided they are moored sufficiently to (11) Port Coordination Team is a body prevent a breakaway and meet the of public and private port stakeholders minimum mooring requirements and led by the COTP whose purpose is to conditions set forth in paragraphs (f) share information, establish priorities, and (g) of this section. recommend and implement actions to (2) Floating vessels may remain in address risks to ports and waterways the Michoud Canal at least 1⁄4 mile during incidents and events. north of the intersection of the (12) Tropical Event means the time pe- Michoud Canal and the GIWW, the riod immediately preceding, during, GIWW from MM 15 EHL to MM 10 EHL, and immediately following the ex- provided they are moored sufficiently pected impact of heavy weather from a to prevent a breakaway and meet the tropical cyclone. minimum mooring requirements and (c) Enforcement. (1) The provisions of conditions set forth in paragraphs (f) paragraph (d) of this section will be en- and (g) of this section.

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

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(ii) Number of vessels currently (7) The person who observes the ves- moored and mooring configurations if sels shall: less than stated in Annual Hurricane (i) Inspect for movements that are Operations Plan. unusual for properly secured vessels; (iii) If the number of vessels exceeds and the amount listed in the Annual Hurri- (ii) Take immediate action to correct cane Operations Plan, describe process each deficiency. and timeframe for evacuating vessels (f) Mooring requirements. Facility to bring total number of vessels into owners shall consider all requirements alignment with the Annual Hurricane within this section as minimum stand- Operations Plan. ards. Title 33 CFR 165.803, United Fa- (3) The person in charge of a facility cilities Criteria (UFC) 4–159 and Amer- shall inspect each mooring wire, chain, ican Society of the Civil Engineers line and connecting gear between (ASCE)7 should be utilized by Profes- mooring devices and each wire, line sional Engineers in the certification of and connecting equipment used to the Annual Hurricane Operations Plan. moor each vessel, and each mooring de- (1) No person may secure a vessel to vice. Inspections shall be performed ac- trees or to other vegetation. cording to the following timelines and guidance: (2) No person may allow a vessel to be moored with unraveled or frayed (i) Annually between May 1 and June lines or other defective or worn moor- 1 of each calendar year; and ing. (ii) After vessels are added to, withdrawn from, or moved at a facility, (3) No person may moor barges side each mooring wire, line, and con- to side unless they are secured to each necting equipment of each barge within other from fittings as close to each cor- each tier affected by that operation; ner of abutting sides as practicable. and (4) No person may moor barges end to (iii) At least weekly between June 1 end unless they are secured to each and November 30; and other from fittings as close to each cor- (iv) 72 hrs prior to predicted closure ner of abutting ends as practicable. of the navigation structures within (5) A vessel may be moored to moor- this RNA; or within 6 hrs of the pre- ing devices if both ends of that vessel dicted closure, if the notice of pre- are secured to mooring devices. dicted closure is less than 72 hrs. (6) Barges may be moored in tiers if (4) The person who inspects moorings each shoreward barge is secured to shall take immediate action to correct mooring devices at each end. any deficiency. (7) A vessel must be secured as near (5) Facility records. The person in as practicable to each abutting corner charge of a fleeting or mooring facility by: shall maintain, and make available to (i) Three parts of wire rope of at least the COTP, records containing the fol- 11⁄4 inch diameter with an eye at each lowing information: end of the rope passed around the (i) The time of commencement and timberhead, caval, or button; termination of each inspection. (ii) A mooring of natural or synthetic (ii) The name of each person who fiber rope that has at least the break- makes the inspection. ing strength of three parts of 11⁄4 inch (iii) The identification of each vessel, diameter wire rope; or barge entering or departing the fleet- (iii) Fixed rigging that is at least ing or mooring facility, along with the equivalent to three parts of 11⁄4 inch di- following information: ameter wire rope. (A) Date and time of entry and depar- (8) The person in charge shall ensure ture; and that all mooring devices, wires, chains, (B) The names of any hazardous lines and connecting gear are of suffi- cargo which the vessel is carrying. cient strength and in sufficient number (6) The person in charge of a facility to withstand forces that may be ex- shall ensure continuous visual surveil- erted on them by moored vessels/ lance of all vessels at the facility. barges.

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(g) Towboat Requirements. The person (b) Definitions. As used in this section in charge of a fleeting or mooring facil- the term ‘‘large cruise ship’’ is defined ity must ensure: as a vessel over 100 feet in length, car- (1) Each facility consisting of eight rying more than 500 passengers for or more vessels that are not under hire, making a voyage lasting more their own power must be attended by than 24 hours, any part of which is on at least one radar-equipped towboat for the high seas, and for which passengers every 50 vessels. are embarked or disembarked in the (2) Each towboat required must be: United States or its territories. (i) Able to secure any breakaways; (c) Regulations. (1) In accordance with (ii) Capable of safely withdrawing or the general regulations in 33 CFR Part moving any vessel at the fleeting or 165, Subpart C, no person or vessel may mooring facility; enter or remain in the Safety Zone ex- (iii) Immediately operational; cept for vessels authorized by the Cap- (iv) Radio-equipped; tain of the Port or Designated Rep- (v) No less than 800 horsepower; resentatives, except as provided for in (vi) Within 500 yards of the vessels. paragraph (c)(3) of this section. (3) The person in charge of each (2) For this section the Pilot direct- towboat required must maintain a con- ing the movement of the large cruise tinuous guard on the frequency speci- ship under the authority of the master fied by current Federal Communica- has the authority to allow other ves- tions Commission regulations found in sels to enter the safety zone when nec- 47 CFR part 83; a continuous watch on essary. the vessels moored at facility; and re- (3) All vessels are prohibited from en- port any breakaway as soon as possible tering this safety zone unless author- to the COTP via telephone, radio or ized as follows: other means of rapid communication. (i) Vessels that have made suitable (h) Transient vessels will not be per- passing or overtaking arrangements mitted to seek safe haven in the RNA with the pilot onboard the large cruise except in accordance with a pre- ship may enter into this safety zone in arranged agreement between the vessel accordance with those agreed upon ar- and a facility within the RNA. rangements. (i) Penalties. Failure to comply with (ii) Moored vessels or vessels an- this section may result in civil or chored in a designated anchorage area criminal penalties pursuant to 46 may remain in their current moored or U.S.C. 70036 and 70041. anchored position while the large [USCG–2009–0139, 79 FR 21135, Apr. 15, 2014, as cruise ship transits the area. amended by USCG–2018–1049, 84 FR 7813, Mar. (iii) Barge Fleets or vessels working 5, 2019] a fleet may continue their current operations while the large cruise ship § 165.839 Safety Zone; Large Cruise transits the area. Ships; Lower Mississippi River, Southwest Pass Sea Buoy to Mile (4) Vessels requiring a deviation from Marker 96.0, New Orleans, LA. this rule must request permission from the Captain of the Port New Orleans. (a) Location. Within the Lower Mis- The Captain of the Port New Orleans sissippi River and Southwest Pass, may be contacted at (504) 365–2210. moving safety zones are established around all large cruise ships transiting [USCG–2010–0012, 77 FR 65818, Oct. 31, 2012] between the Southwest Pass Entrance Lighted Buoy ‘‘SW’’, at approximate § 165.840 Regulated Navigation Area, position 28°52′42″ N, 89°25′54″ W [NAD 83] Gulf of Mexico: Mississippi Canyon and Lower Mississippi River mile Block 20, South of New Orleans, LA. marker 96.0 in New Orleans, Louisiana. (a) Location. The following area is a The moving safety zone extends bank Regulated Navigation Area: A 300-foot to bank, encompassing all waters one- diameter area at the water surface cen- mile ahead and one-mile astern of a tered on the following coordinates: large cruise ship. The zone remains in 28°56’12.619’’N, 008°58’10.303’’W, and ex- effect during the entire transit of the tending the entire water column from large cruise ship. the surface to the seabed.

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(b) Regulations. (1) In accordance with (iv) Speed; the general regulations in § 165.11 of (v) Under keel clearance; this part, all vessels are prohibited (vi) Hours of transit; and from anchoring, mooring, fishing, or (vii) One way traffic. otherwise loitering in the above de- (3) All persons and vessels must com- scribed area except as authorized by ply with any requirement prescribed the Captain of the Port, New Orleans. under paragraph (c)(2) of this section. (2) Persons or vessels requiring devi- (4) Persons or vessels may request an ations from this rule must request per- exception from any requirement pre- mission from the Captain of the Port scribed under paragraph (c)(2) of this New Orleans. The Captain of the Port section from the COTP Ohio Valley or New Orleans may be contacted by tele- a designated representative who may phone at (504) 365–2200. be a commissioned, warrant, or petty [USCG–2013–0064, 78 FR 59236, Sept. 26, 2013] officer of the Coast Guard. The COTP Ohio Valley may be contacted by tele- § 165.842 Safety Zone; Upper Mis- phone at 1–800–253–7465 or on VHF–FM sissippi River between mile 38.0 channel 16. and mile 46.0, Thebes, IL; and be- (d) Enforcement. The COTP Ohio Val- tween mile 78.0 and mile 81.0, ley will notify the public of the specific Grand Tower, IL. requirements prescribed under para- (a) Location. The following areas are graph (c)(2) of this section and of the safety zones: All waters of the Upper times when those requirements will be Mississippi River from mile 38.0 to mile enforced or when enforcement will be 46.0, Thebes, IL; and from mile 78.0 to suspended, using means designed to en- mile 81.0, Grand Tower, IL, extending sure maximum effectual notice includ- the entire width of the river. ing, but not limited to, broadcast no- (b) Effective dates. These safety zones tices to mariners (BNM) and commu- are effective beginning November 10, nications through the River Industry 2014. Enforcement times and the re- Action Committee. quirements of this safety zones will be noticed as soon as is practicable before [USCG–2013–0907, 79 FR 66626, Nov. 10, 2014] subsurface rock removal operations begin, actual notice will be used and § 165.843 Moving Security Zone; Es- corted Vessels; Lower Mississippi additional notices made through River; New Orleans, LA. Broadcast Notices to Mariners (BNM), or Local Notices to Mariners (LNM). (a) Definitions. The following defini- (c) Regulations. (1) In accordance with tions apply to this section: the general regulations in § 165.23 of COTP means Captain of the Port New this part, entry into this area is pro- Orleans, LA. hibited unless authorized by the Cap- Designated representatives means tain of the Port (COTP) Ohio Valley or Coast Guard Patrol Commanders in- a designated representative. cluding Coast Guard coxswains, petty (2) The Captain of the Port (COTP) officers and other officers operating Ohio Valley may prescribe, for all or Coast Guard vessels, and Federal, specific portions of the safety zones, State, and local officers designated by periods of enforcement and minimum or assisting the COTP, in the enforce- operational requirements necessary to ment of the security zone. enter, transit through, or stop within Escorted vessel means a vessel, other the safety zone in order to preserve than a large U.S. naval vessel as de- safe navigation on the Upper Mis- fined in 33 CFR 165.2015, that is accom- sissippi River during subsurface rock panied by one or more Coast Guard as- removal operations and clearing of ves- sets or other Federal, State or local sel queues following rock removal op- law enforcement agency assets clearly erations, including, but not limited to, identifiable by flashing lights, vessel the required use of assist vessels; and markings, or with agency insignia as restrictions on the following: follows: Coast Guard surface or air (i) Tow size; asset displaying the Coast Guard insig- (ii) Tow configuration; nia. State and/or local law enforcement (iii) Vessel/barge draft; asset displaying the applicable agency

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markings and/or equipment associated rity zone without the permission of the with the agency. Captain of the Port. Section 165.33 also Minimum safe speed for navigation contains other general requirements. means the speed at which a vessel pro- (2) Vessels may request permission ceeds when it is fully off plane, com- from the Captain of the Port New Orle- pletely settled in the water and not ans through the on-scene Coast Guard creating excessive wake or surge. Due or other agency asset to enter the secu- to the different speeds at which vessels rity zone described in paragraph (c) of of different sizes and configurations this section. may travel while in compliance with (i) If permission to enter and transit this definition, no specific speed is as- through the security zone is granted, signed to a minimum safe speed for the vessel shall operate at the min- navigation. In no instance should minimum speed necessary to maintain a imum safe speed be interpreted as a safe course, unless required to main- speed less than that required for a par- tain speed by the Navigation Rules, ticular vessel to maintain steerageway. and must proceed as directed by the A vessel is not proceeding at minimum COTP or a designated representative. safe speed if it is: When within the security zone, no ves- (i) On a plane; sel or person is allowed within 50 yards (ii) In the process of coming up, onto of the escorted vessel unless authorized or coming off a plane; or by the Coast Guard. (iii) Creating an excessive wake or (ii) [Reserved] surge. (f) Contact information. The COTP (b) Regulated area. All navigable New Orleans may be reached via phone waters, as defined in 33 CFR 2.36, on the at (504) 365–2200. Any on-scene Coast Lower Mississippi River between river Guard or designated representative as- miles 90.0 to 106.0 Above Head of Passes sets may be reached via VHF–FM chan- (AHP), New Orleans, Louisiana. nel 16 or 67. (c) Security zone. A temporary moving [USCG–2014–0995, 81 FR 8649, Feb. 22, 2016] security zone, extending 300 yards in all directions of an escorted vessel, will § 165.844 Safety Zone; Tennessee be established around each escorted River, Miles 446.0 to 454.5, Chat- vessel within the regulated area de- tanooga, TN. scribed in paragraph (b) of this section. (a) Location. All navigable waters of The security zone will not extend be- the Tennessee River beginning at mile yond the boundary of the regulated marker 446.0 and ending at mile mark- area in this section. er 454.5 at Chattanooga, TN. (d) Notice of security zone. The COTP (b) Effective date. This section is ef- will inform the public of the existence fective on March 5, 2018. or status of any temporary moving se- (c) Periods of enforcement. This sec- curity zones around escorted vessels in tion will be enforced whenever flow the regulated area by broadcast notices rates reach or exceed 100,000 cubic feet to mariners. The broadcast notice to per second at Chickamauga lock and mariners will inform the public of the dam on the Tennessee River at mile enforcement period, size of the zone, marker 471.0. The Captain of the Port and the navigable waters that will be Sector Ohio Valley (COTP) or a des- affected, and will normally be issued at ignated representative will inform the approximately 30-minute intervals public through broadcast notice to while the moving security zone re- mariners of the enforcement period for mains in effect. Escorted vessels will the safety zone. be identified by the presence of Coast (d) Regulations. (1) In accordance with Guard assets or other Federal, State or the general regulations in § 165.23 of local law enforcement agency assets this part, entry into this zone is pro- clearly identified by flashing lights, hibited unless authorized by the COTP vessel markings, or agency insignia. or a designated representative. (e) Regulations. (1) In accordance with (2) Persons or vessels desiring entry the general regulations in § 165.33 of into or passage through the zone must subpart D of this part, no person or request permission from the COTP or a vessel may enter or remain in a secu- designated representative. U.S. Coast

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Guard Sector Ohio Valley may be con- with all lawful directions issued by the tacted on VHF Channel 13 or 16, or at COTP or the designated representative. 1–800–253–7465. (d) Information broadcasts. The COTP (3) All persons and vessels shall com- or a designated representative will in- ply with the instructions of the COTP form the public of the enforcement pe- and designated U.S. Coast Guard patrol riod of this safety zone through Vessel personnel. On-scene U.S. Coast Guard Traffic Service Advisories, Broadcast patrol personnel include commissioned, Notices to Mariners (BNMs), Local No- warrant, and petty officers of the U.S. tice to Mariners (LNMs), and/or Marine Coast Guard. Safety Information Bulletins (MSIBs) as appropriate. [USCG–2015–1113, 83 FR 8750, Mar. 1, 2018] [USCG–2018–0372, 83 FR 39883, Aug. 13, 2018] § 165.845 Safety Zone; Lower Mis- sissippi River, mile markers 94 to NINTH COAST GUARD DISTRICT 97 above Head of Passes, New Orle- ans, LA. § 165.T09–0082 Safety Zone; Cleveland Dragon Boat Festival and Head of (a) Location. The following area is a the Cuyahoga, Cuyahoga River, safety zone: All navigable waters of the Cleveland, OH. Lower Mississippi River, New Orleans, (a) Location. The following area is a ° ′ ″ LA from mile marker (MM) 94 (29 57 32 safety zone: All waters of the Cuyahoga ° ′ ″ ° ′ ″ N, 90 03 05 W) to MM 97 (29 55 19 N, River, Cleveland, OH between a line ° ′ ″ 90 04 00 W), NAD83 datum, on the drawn perpendicular to the river banks Lower Mississippi River, above Head of from position 41°29′55″ N., 081°42′23″ W. Passes. (NAD 83) just past the Detroit-Superior (b) Enforcement period. The safety Viaduct bridge at MM 1.42 of the Cuya- zone established by this section will be hoga River south to a line drawn per- enforced only upon notice of the Cap- pendicular to the river banks at posi- tain of the Port Sector New Orleans tion 41°28′32″ N., 081°40′16″ W. (NAD 83) (COTP). In accordance with 33 CFR just south of the Interstate 490 bridge 165.7, for each enforcement of a safety at MM 4.79 of the Cuyahoga River. zone established under this section, the (b) Enforcement period. The third Sat- COTP will publish a notice of enforce- urday of September each year from 7 ment in the FEDERAL REGISTER as early a.m. to 4 p.m. as practicable. In addition, the COTP (c) Definitions. The following defini- will also inform the public of the en- tions apply to this section: forcement area and times of this sec- (1) ‘‘On-scene Representative’’ means tion as indicated in paragraph (d) of any Coast Guard commissioned, war- this section. rant, or petty officer designated by the (c) Regulations. (1) In accordance with Captain of the Port Buffalo to monitor the general regulations in § 165.23 of a safety zone, permit entry into the this part, entry into this zone is pro- zone, give legally enforceable orders to hibited to all vessels and persons ex- persons or vessels within the zones, and cept vessels authorized by the COTP or take other actions authorized by the designated representative. A des- Captain of the Port. ignated representative means any (2) ‘‘Public vessel’’ means vessels Coast Guard commissioned, warrant, or owned, chartered, or operated by the petty officer of the U.S. Coast Guard United States, or by a State or polit- assigned to units under the operational ical subdivision thereof. control of Sector New Orleans. (d) Regulations. (1) In accordance with (2) Persons and vessels requiring the general regulations in § 165.23 of entry into this safety zone must re- this part, entry into, transiting, or an- quest permission from the COTP or a choring within this safety zone identi- designated representative. They may fied in paragraph (a) of this section is be contacted on VHF–FM Channel 16 or prohibited unless authorized by the 67 or by telephone at (504) 365–2200. Captain of the Port Buffalo or his des- (3) Persons and vessels permitted to ignated on-scene representative. enter this safety zone must transit at (2) The safety zone identified in para- their slowest safe speed and comply graph (a) of this section is closed to all

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vessel traffic, except as may be per- State, and local officer designated by mitted by the Captain of the Port Buf- or assisting the Captain of the Port falo or his designated on-scene rep- Sault Sainte Marie (COTP) in the en- resentative. forcement of the safety zone. (3) Vessel operators desiring to enter (c) Regulations. (1) In accordance with or operate within the safety zone must the general regulations in § 165.23, contact the Captain of the Port Buffalo entry into, transiting, or anchoring or his on-scene representative to ob- within the safety zone described in tain permission to do so. The Captain paragraph (a) is prohibited unless au- of the Port Buffalo or his on-scene rep- thorized by the Captain of the Port, resentative may be contacted via VHF Sault Sainte Marie or his designated Channel 16. Vessel operators given per- representative. mission to enter or operate in the safe- (2) Before a vessel operator may ty zone must comply with all direc- enter or operate within the safety tions given to them by the Captain of zones, they must obtain permission the Port Buffalo, or his on-scene rep- from the Captain of the Port, Sault resentative. Sainte Marie, or his designated rep- (4) Additionally, all vessels over 65 resentative via VHF Channel 16 or tele- feet intending to transit, moor or con- phone at (906) 635–3233. Vessel operators duct operations to include loading or given permission to enter or operate in discharging of cargo or passengers in the safety zone must comply with all the Cuyahoga River while the safety orders given to them by the Captain of zone is being enforced should request the Port, Sault Sainte Marie or his des- permission from the COTP or his/her ignated representative. designated representative at least 12 (d) Enforcement period. This section hours before the zone is established. will be enforced from May 4, 2020 to Oc- (e) Exemption. Public vessels, as de- tober 30, 2020. fined in paragraph (c) of this section, are exempt from the requirements in [USCG–2020–0242, 85 FR 28490, May 13, 2020] this section. EFFECTIVE DATE NOTE: By USCG–2020–0242, (f) Waiver. For any vessel, the Cap- 85 FR 28490, May 13, 2020, § 165.T09–0242 was tain of the Port Buffalo or his des- added, effective May 13, 2020 through Oct. 30, ignated representative may waive any 2020. of the requirements of this section, upon finding that operational condi- § 165.T09–0274 Safety Zone; Tug Val- tions or other circumstances are such erie B and Barge Kokosing IV oper- that application of this section is un- ating in the Straits of Mackinac, MI. necessary or impractical for the pur- (a) Location. The following areas are poses of public or environmental safe- safety zones: All navigable water with- ty. in 500 yards of the Tug Valerie B and Barge Kokosing IV while conducting [USCG–2014–0082, 80 FR 51943, Aug. 27, 2015] work, inspection, surveying and remov- § 165.T09–0242 Safety Zone; Tug Kim- ing cables in the Straits of Mackinac. berly Anne and Barge Big Digger (b) Definitions. As used in this sec- operating in the Straits of Mack- tion, designated representative means a inac, MI. Coast Guard Patrol Commander, in- (a) Location. The following areas are cluding a Coast Guard coxswain, petty safety zones: All navigable waters officer, or other officer operating a within 500 yards of Tug Kimberly Anne Coast Guard vessel and a Federal, and Barge Big Digger while conducting State, and local officer designated by work, inspection, and surveying of un- or assisting the Captain of the Port derwater infrastructure in the Straits Sault Sainte Marie (COTP) in the en- of Mackinac. forcement of the safety zone. (b) Definitions. As used in this sec- (c) Regulations. (1) In accordance with tion, designated representative means a the general regulations in § 165.23, Coast Guard Patrol Commander, in- entry into, transiting, or anchoring cluding a Coast Guard coxswain, petty within the safety zone described in officer, or other officer operating a paragraph (a) is prohibited unless au- Coast Guard vessel and a Federal, thorized by the Captain of the Port,

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Sault Sainte Marie or his designated north to Escanaba Light at 45°44′48″ N., representative. 087°02′14″ W.; south to the Fox River (2) Before a vessel operator may Entrance at 44°32′22″ N., 088°00′19″ W., to enter or operate within the safety the Sturgeon Bay Ship Canal from zones, they must obtain permission Sherwood Point Light at 44°53′34″ N., from the Captain of the Port, Sault 087°26′00″ W.; to Sturgeon Bay Ship Sainte Marie, or his designated rep- Canal Light at 44°47′42″ N., 087°18′48″ W.; resentative via VHF Channel 16 or tele- and then to the point of beginning. phone at (906) 635–3233. Vessel operators (b) Regulations: given permission to enter or operate in (1) In the RNAs under paragraph (a) the safety zone must comply with all of this section, the District Com- orders given to them by the Captain of mander or respective COTP may issue the Port, Sault Sainte Marie or his des- orders to control vessel traffic for rea- ignated representative. sons which include but are not limited (d) Enforcement period. This section to: Channel obstructions, winter navi- will be enforced from June 10, 2020 to gation, unusual weather conditions, or September 15, 2020. unusual water levels. Prior to issuing [USCG–2020–0274, 85 FR 33570, June 2, 2020] these orders, the District Commander or respective COTP will provide ad- EFFECTIVE DATE NOTE: By USCG–2020–0274, vance notice as reasonably practicable 85 FR 33570, June 2, 2020, § 165.T09–0274 was added, effective June 2, 2020, through Sept. under the circumstances. The respec- 15, 2020. tive COTP may close and open these regulated navigation areas as ice con- § 165.901 Great Lakes—regulated navi- ditions dictate. gation areas and safety zones. (2) Prior to the closing or opening of (a) The following are regulated navi- the regulated navigation areas, the gation areas: COTP will give interested parties, in- (1) Lake Huron. (i) The waters of Lake cluding both shipping interests and is- Huron known as South Channel be- land residents, not less than 72 hours tween Bois Blanc Island and Che- notice of the action. This notice will be boygan, Michigan; bounded by a line given through Broadcast Notice to north from Cheboygan Crib Light (LL– Mariners, Local Notice to Mariners, 1340) at 45°39′48″ N., 84°27′36″ W.; to Bois and press releases to the media (radio, Blanc Island at 45°43′42″ N., 84°27′36″ W.; print and television), local COTP will and a line north from the mainland at ensure widest dissemination. No vessel 45°43′00″ N., 84°35′30″ W; to the western may navigate in a regulated navigation tangent of Bois Blanc Island at 45°48′42″ area which has been closed by the N., 84°35′30″ W. COTP. The general regulations in 33 (ii) The waters of Lake Huron be- CFR 165.13 apply. The District Com- tween Mackinac Island and St. Ignace, mander or respective COTP retains the Michigan, bounded by a line east from discretion to authorize vessels to oper- position 45°52′12″ N., 84°43′00″ W.; to ate outside of issued orders. Mackinac Island at 45°52′12″ N., 84°39′00″ (c) The following are safety zones: W.; and a line east from the mainland (1) Lake Erie. The area known as the at 45°53′12″ N., 84°43′30″ W.; to the north- Lake Erie Islands which is defined as ern tangent of Mackinac Island at the U.S. waters of Lake Erie at the 45°53′12″ N., 84°38′48″ W. intersection of the International Bor- (2) Lake Michigan. (i) The waters of der at 082°55′00″ W., following the Inter- Lake Michigan known as Gray’s Reef national Border eastward to the inter- Passage bounded by a line from Gray’s section of the International Border at Reef Light (LL–2006) at 45°46′00″ N., 082°35′00″ W., moving straight south to 85°09′12″ W.; to White Shoals Light (LL– position 41°25′00″ N., 082°35′00″ W., con- 2003) at 45°50′30″ N., 85°08′06″ W.; to a tinuing west to position 41°25′00″ N., point at 45°49′12″ N., 85°04′48″ W.; then 082°55′00″ W., and ending north at the to a point at 45°45′42″ N., 85°08′42″ W.; International Border and 082°55′00″ W. then to the point of beginning. (2) Lake Huron. The waters of Lake (ii) The waters of Lake Michigan Huron known as Saginaw Bay, Michi- known as Green Bay from Rock Island gan; bounded by a line from Port Aus- Passage or Porte Des Morts Passage tin Reef Light (LL–10275) at 44°04′55″ N.,

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082°58′57″ W.; to Tawas Light (LL–11240) § 165.903 Safety Zones: Cuyahoga at 44°15′13″ N., 083°26′58″ W.; to Saginaw River and Old River, Cleveland, OH. Bay Range Front Light (LL–10550) at (a) Location. The waters of the Cuya- ° ′ ″ ° ′ ″ 43 38 54 N., 083 51 06 W.; then to the hoga River and the Old River extending point of beginning. ten feet into the river at the following (d) Enforcement: (1) The District Com- eleven locations, including the adja- mander or respective Captain of the cent shorelines, are safety zones, co- Port (COTP) will enforce these safety ordinates for which are based on NAD zones as ice conditions dictate. Under 83. normal seasonal conditions, only one (1) From the point where the shore- closing each winter and one opening line intersects longitude 81°42′24.5″ W, each spring are anticipated. which is the southern side of the Nor- (2) Prior to closing or opening these folk and Southern No. 1 railroad safety zones, the District Commander bridge, southeasterly along the shore or respective COTP will give the public for six hundred (600) feet to the point advance notice, not less than 72 hours where the shoreline intersects lon- prior to the closure. This notice will be gitude 81°42′24.5″ W, which is the Holy given through Broadcast Notice to Moses Water Taxi Landing at Fado’s Mariners, Local Notice to Mariners, Restaurant. and press releases to the media (radio, (2) One hundred (100) feet downriver print and television), and the local to one hundred (100) feet upriver from COTP will ensure widest dissemina- 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ tion. The general regulations in 33 CFR W, which is the knuckle on the north 165.23 apply. The District Commander side of the Old River entrance at On- or respective COTP retains the discre- tario Stone. tion to permit vessels to enter/transit a (3) Fifty (50) feet downriver to fifty closed safety zone under certain cir- (50) feet upriver from 41 degrees 29′48.4″ cumstances. N, 81 degrees 42′44″ W, which is the [USCG–2015–0084, 82 FR 37519, Aug. 11, 2017] knuckle adjacent to the Ontario Stone warehouse on the south side of the Old § 165.902 Safety Zone; Lower Niagara River. River at Niagara Falls, New York. (4) From 41 degrees 29′51.1″ N, 81 de- (a) The following is a safety zone— grees 42′32.0″ W, which is the corner of The United States waters of the Niag- Christie’s Cabaret pier at Sycamore ara River from the crest of the Amer- Slip on the Old River, to fifty (50) feet ican and Horseshoe Falls, Niagara east of 41 degrees 29′55.1″ N, 81 degrees Falls, New York to a line drawn across 42′27.6″ W, which is the north point of the Niagara River from the down- the pier at Shooter’s Restaurant on the stream side of the mouth of Gill Creek Cuyahoga River. to the upstream end of the breakwater (5) Twenty-five (25) feet downriver to at the mouth of the Welland River. twenty-five (25) feet upriver of 41 de- (b) The following is a safety zone— grees 29′48.9″ N, 81 degrees 42′10.7″ W, The United States waters of the Lower which is the knuckle toward the Niagara River, Niagara Falls, NY from downriver corner of the Nautica Stage. a straight line drawn from position (6) Ten (10) feet downriver to ten (10) 43°07′10.70″ N., 079°04′02.32″ W. (NAD 83) feet upriver of 41 degrees 29′45.5″ N, 81 and 43°07′09.41″ N., 079°04′05.41″ W. (NAD degrees 42′9.7″ W, which is the knuckle 83) just south of the whirlpool rapids toward the upriver corner of the from the east side of the river to the Nautica Stage. international border of the United (7) The fender on the west bank of States, to a straight line drawn from the river at 41 degrees 29′45.2″ N, 81 de- position 43°06′34.01″ N., 079°03′28.04″ W. grees 42.10″ W, which is the knuckle at (NAD 83) and 43°06′33.52″ N., 079°03′30.42″ Bascule Bridge (railroad). W. (NAD 83) at the International Rail- (8) The two hundred seventy (270) road Bridge. foot section on the east bank of the [CGD 79–034, 47 FR 29660, July 8, 1982, as river between the Columbus Road amended by USCG–2015–0492, 82 FR 23516, bridge (41 degrees 29′18.8″ N, 81 degrees May 23, 2017] 42′02.3W) downriver to the chain link

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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 transit, but not moor, stand or anchor in, (2) Vessels in Burnham Park Harbor the foregoing zones as necessary to at the commencement of the safety and comply with the Inland Navigation security zone must be moored and re- Rules or to otherwise facilitate safe main moored while the safety and secu- navigation. Cargo vessels of 1600 gross rity zone is established, unless author- tons (GT) or greater may moor in these ized to get underway by a Coast Guard zones when conducting cargo transfer or U.S. Secret Service official. operations. (3) No person may engage in swim- (3) Waivers. Owners or operators of ming, snorkeling, or diving within the docks wishing a partial waiver of these established safety and security zone, regulations may apply to the Captain except with the permission of the Cap- of the Port, Cleveland, Ohio. Partial tain of the Port or U.S. Secret Service. waivers will only be considered to [CGD09–94–005, 59 FR 45227, Sept. 1, 1994, as allow for the mooring of vessels in a amended by USCG–2011–0489, 76 FR 63204, Oct. safety zone when vessels of 1600 GT on 12, 2011] greater are not navigating in the proximate area. Any requests for a waiver § 165.905 USX Superfund Site Safety must include a plan to ensure imme- Zones: St. Louis River. diate removal of any vessels moored in (a) The following areas of the St. a safety zone upon the approach of a Louis River, within the designated vessel(s) 1600 GTs or greater. boxes of latitude and longitude, are [COTP Cleveland REG 89–01, 54 FR 9778, Mar. safety zones: 8, 1989, as amended by CGD 09–95–018, 61 FR (1) Safety Zone #1 (North Spirit Lake): 37685, July 19, 1996; USCG–2000–7223, 65 FR 40059, June 29, 2000; USCG–2001–9286, 66 FR North Boundary: 46°41′33″ W 33642, June 25, 2001] South Boundary: 46°41′18″ W East Boundary: 92°11′53″ W § 165.904 Lake Michigan at Chicago West Boundary: 92°12′11″ W Harbor & Burnham Park Harbor— Safety and Security Zone. (2) Safety Zone #2 (South Spirit Lake): (a) Location. All waters of Lake North Boundary: 46°40′45″ N Michigan within Burnham Park Harbor South Boundary: 46°40′33″ N shoreward of a line across the entrance East Boundary: 92°11′40″ W of the harbor connecting coordinates West Boundary: 92°12′05″ W

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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 46 U.S.C. of a circle with a 100-yard radius of the 70034 and 46 U.S.C. 70051, the authority 68th Street Crib with its center in ap- for this section includes 46 U.S.C. 70116. 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 46 U.S.C. (4) Long Sault Spillway Dam. The 70034 and 46 U.S.C. 70051, the authority waters of the St. Lawrence River for this section includes 46 U.S.C. 70116. 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′ § 165.913 Security Zone; Burke Lake- W, then south to 44°59.5′ N, 074°51.6′ W; front Airport, Lake Erie, Cleveland, then west back to the starting point OH. (NAD 83). (a) Location. This security zone in- (b) Regulations. (1) In accordance with cludes all waters extending from the § 165.33, entry into this zone is prohib- surface to the sea floor within approxi- ited unless authorized by the Coast mately 650 yards seaward from the Guard Captain of the Port Buffalo. shoreline of the Burke Lakefront Air- (2) Persons or vessels desiring to port and encompasses all waters in transit the area of the Nine Mile Point Lake Erie within a line connecting the and Fitzpatrick Nuclear Power Plants following geographical positions: or Ginna Nuclear Power Plant security 41°31′45″ N, 081°39′20″ W; then extending zones must contact the Captain of Port northwest to 41°32′23″ N, 081°39′46″ W; Buffalo at telephone number (716) 843– then extending southwest to 41°31′02″ N, 9570, or on VHF/FM channel 16 to seek 081°42′10″ W; then extending southwest permission to transit the area. Persons to the shoreline at 41°30′38″ N, 081°41′53″ desiring to transit the area of Moses- W (NAD 83); then following the shore- Saunders Power Dam or Long Sault line back to the point of origin. Spillway Dam security zones must con- (b) Definitions. (1) Designated rep- tact the Supervisor, Marine Safety De- resentative means any Coast Guard tachment Massena at telephone num- commissioned, warrant, or petty offi- ber (315) 769–5483, or on VHF/FM chan- cers designated by the Captain of the nel 16 to seek permission to transit the Port Buffalo to monitor a security area. If permission is granted, all per- zone, permit entry into a security zone, sons and vessels shall comply with the give legally enforceable orders to per- instructions of the Captain of the Port sons or vessels within a security zone, or his or her designated representative. and take other actions authorized by (c) Authority. In addition to 46 U.S.C. the Captain of the Port Buffalo. 70034 and 46 U.S.C. 70051, the authority (2) Public vessel means a vessel that for this section includes 46 U.S.C. 70116. is owned, chartered, or operated by the [CGD09–02–005, 67 FR 53500, Aug. 16, 2002, as United States, or by a State or polit- amended by USCG–2010–0821, 75 FR 61100, Oct. ical subdivision thereof. 4, 2010] (c) Regulations. (1) In accordance with the general regulations in § 165.33 of § 165.912 Security Zone; Lake Erie, this part, entry into, transiting, or an- Perry, OH. choring within this security zone is (a) Location: The following area is a prohibited unless authorized by the security zone: all navigable waters of Captain of the Port Buffalo or her des- Lake Erie bounded by a line drawn be- ignated on-scene representative. tween the following coordinates begin- (2) All persons and vessels must com- ning at 41°48.187′ N, 081°08.818′ W; then ply with the instructions of the Coast due north to 41°48.7′ N, 081°08.818′ W; Guard Captain of the Port Buffalo or a then due east to 41°48.7′ N, 081°08.455′ W; designated representative. Upon being then due south to the south shore of hailed by the U.S. Coast Guard by

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siren, radio, flashing light or other § 165.914 [Reserved] means, the operator of a vessel shall proceed as directed. § 165.915 Security zones; Captain of (3) All vessels must obtain permis- the Port Detroit. sion from the Captain of the Port Buf- (a) Security zones. The following areas falo or a designated representative to are security zones: enter, move within, or exit the security (1) Enrico Fermi 2 Nuclear Power Sta- zone established in this section when tion. All waters and adjacent shoreline the security zone is enforced. Vessels encompassed by a line commencing at ° ′ ° ′ and persons granted permission to 41 58.4 N, 083 15.4 W; then northeast to ° ′ ° ′ enter the security zone shall obey all 41 58.5 N, 083 15.0 W; then southeast to 41°58.2′ N, 083°13.7′ W; then south to lawful orders or directions of the Cap- 41°56.9′ N, 083°13.8′ W; then west to tain of the Port Buffalo or a designated 41°56.9′ N, 083°15.2′ W; then back to the representative. While within the secu- starting point at 41°58.4′ N, 083°15.4′ W rity zone, all vessels shall operate at (NAD 83). the minimum speed necessary to main- (2) Davis Besse Nuclear Power Station. tain a safe course. All waters and adjacent shoreline en- (d) Notice of Enforcement or Suspension compassed by a line commencing at of Enforcement. The security zone es- 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, tablished by this section will be en- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W; forced only upon notice of the Captain southwest to 41°35.4′ N, 083°03.7′ W; then of the Port Buffalo. The Captain of the back to the starting point 41°36.1′ N, Port Buffalo will cause notice of en- 083°04.7′ W (NAD 83). forcement of the security zone estab- (3) North American International Auto lished by this section to be made by all Show, Detroit River, Detroit, MI. All appropriate means to the affected seg- waters of the Detroit River encom- ments of the public including publica- passed by a line beginning at a point of tion in the FEDERAL REGISTER as prac- origin on land adjacent to the west end ° ′ ticable, in accordance with 33 CFR of Joe Lewis Arena at 42 19.44 N, ° ′ 165.7(a). Such means of notification 083 03.11 W; then extending offshore ap- ° ′ may also include, but are not limited proximately 150 yards to 42 19.39 N, ° ′ to Broadcast Notice to Mariners or 083 03.07 W; then proceeding upriver approximately 2000 yards to a point at Local Notice to Mariners. The Captain 42°19.72′ N, 083°01.88′ W; then proceeding of the Port Buffalo will issue a Broad- onshore to a point on land adjacent to cast Notice to Mariners notifying the the Tricentennial State Park at public when enforcement of the secu- 42°19.79′ N, 083°01.90′ W; then proceeding rity zone established by this section is downriver along the shoreline to con- suspended. nect back to the point of origin on land (e) Exemption. Public vessels as de- adjacent to the west end of the Joe fined in paragraph (b) of this section Louis Arena (NAD 83). This security are exempt from the requirements in zone will be enforced for two weeks in this section. the month of January with the exact (f) Waiver. For any vessel, the Cap- dates and times to be published annu- tain of the Port Buffalo or a designated ally via a Notice of Enforcement. representative may waive any of the (b) Regulations. (1) In accordance with requirements of this section, upon find- § 165.33, entry into this zone is prohib- ing that operational conditions or ited unless authorized by the Coast other circumstances are such that ap- Guard Captain of the Port Detroit. Sec- plication of this section is unnecessary tion 165.33 also contains other general or impractical for the purposes of safe- requirements. ty or environmental safety. (2) Persons desiring to transit through either of these security zones, (g) Authority. In addition to 46 U.S.C. prior to transiting, must contact the 70034 and 46 U.S.C. 70051, the authority Captain of the Port Detroit at tele- for this section includes 46 U.S.C. 70116. phone number (419) 418–6050, or on VHF/ [USCG–2019–0213, 84 FR 38137, Aug. 6, 2019] FM channel 16 and request permission. If permission is granted, all persons

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and vessels shall comply with the in- (c) Authority. In addition to 46 U.S.C. structions of the Captain of the Port or 70034 and 46 U.S.C. 70051, the authority his or her designated representative. for this section includes 46 U.S.C. 70116. (c) Authority. In addition to 46 U.S.C. [CGD09–02–007, 67 FR 49578, July 31, 2002, as 70034 and 46 U.S.C. 70051, the authority amended by CGD09–03–277, 69 FR 4242, Jan. for this section includes 46 U.S.C. 70116. 29, 2004] [CGD09–02–011, 67 FR 46386, July 15, 2002, as § 165.918 Safety Zones; Recurring Safe- amended by USCG–2013–0034, 79 FR 4079, Jan. ty Zones in Captain of the Port 24, 2014] Sault Sainte Marie. (a) Regulations. The following regula- § 165.916 Security Zones; Captain of tions apply to the safety zones listed in the Port Milwaukee Zone, Lake Michigan. Table 165.918 of this section: (1) In accordance with the general (a) Location. The following are secu- regulations in § 165.23 of this part, rity zones: entry into, transiting, or anchoring (1) Kewaunee Nuclear Power Plant. All within any of the safety zones listed in navigable waters of Western Lake this section is prohibited unless au- Michigan encompassed by a line com- thorized by the Captain of the Port mencing from a point on the shoreline Sault Sainte Marie, or a designated at 44°20.715′ N, 087°32.080′ W; then eas- representative. terly to 44°20.720′ N, 087°31.630′ W; then (2) All persons and vessels must com- southerly to 44°20.480′ N, 087°31.630′ W; ply with the instructions of the Coast then westerly to 44°20.480′ N, 087°31.970′ Guard Captain of the Port Sault Sainte W, then northerly following the shore- Marie or a designated representative. line back to the point of origin (NAD Upon being hailed by the U.S. Coast 83). Guard by siren, radio, flashing light or other means, the operator of a vessel (2) Point Beach. All navigable waters shall proceed as directed. of Western Lake Michigan encom- (3) When a safety zone established by passed by a line commencing from a this section is being enforced, all ves- ° point on the shoreline at 44 17.06 N, sels must obtain permission from the ° 087 32.15 W, then northeasterly to Captain of the Port Sault Sainte Marie ° ° 44 17.12 N, 087 31.59 W, then southeast- or a designated representative to enter, erly to 44°16.48 N, 087°31.42 W, then move within, or exit that safety zone. southwesterly to 44°16.42 N, 087°32.02 W, Vessels and persons granted permission then northwesterly along the shoreline to enter the safety zone shall obey all back to the point of origin. All coordi- lawful orders or directions of the Cap- nates are based upon North American tain of the Port Sault Sainte Marie or Datum 1983. a designated representative. While (b) Regulations. (1) In accordance with within a safety zone, all vessels shall § 165.33, entry into this zone is prohib- operate at the minimum speed nec- ited unless authorized by the Coast essary to maintain a safe course. Guard Captain of the Port Milwaukee. (b) Suspension of enforcement. If the Section 165.33 also contains other gen- event concludes earlier than scheduled, eral requirements. the Captain of the Port Sault Sainte (2) Persons desiring to transit the Marie or a designated representative area of the security zone may contact will issue a Broadcast Notice to Mari- the Captain of the Port at telephone ners notifying the public that enforcement of the respective safety zone is number (414) 747–7155 or on VHF-FM suspended. Channel 16 to seek permission to tran- (c) Exemption. Public vessels, defined sit the area. If permission is granted, as any vessel owned or operated by the all persons and vessels shall comply United States or by State or local gov- with the instructions of the Captain of ernments, operating in an official ca- the Port or his or her designated rep- pacity are exempted from the require- resentative. ments of this section. (d) Waiver. For any vessel, the Cap- tain of the Port Sault Sainte Marie or

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a designated representative may, at his permission to enter or operate in a or her discretion, waive any of the re- safety zone must comply with all direc- quirements of this section, upon find- tions given to them by the Captain of ing that circumstances are such that the Port Sault Sainte Marie, or a des- application of this section is unneces- ignated representative. sary or impractical for the purposes of (f) Notice of enforcement. The Coast safety or environmental safety. Guard will provide advance notice of (e) Contacting the Captain of the Port. the enforcement including specific While a safety zone listed in this sec- date, time, and size of the safety zone tion is enforced, the Captain of the being enforced in Table 165.918, by Port Sault Sainte Marie or a designated representative may be con- issuing a Notice of Enforcement, as tacted via VHF Channel 16 or telephone well as, a Broadcast Notice to Mari- at (906) 635–3319. Vessel operators given ners.

TABLE 165.918 [Datum NAD 1983]

Event Location Event date

(1) Mackinaw Area Visitors Bu- All U.S. navigable waters of the Straits of Mackinac within an Friday nights between late reau Friday Night Fireworks; approximate 1000-foot radius from the fireworks launch site May and Early September. Mackinaw City, MI. located in position 45°46′35.48″ N, 084°43′16.20″ W. (2) Jordan Valley Freedom All U.S. navigable waters of Lake Charlevoix, near the City of This event historically occurs Festival Fireworks; East Jor- East Jordan, within the arc of a circle with an approximate in mid to late June. dan, MI. 1200-foot radius from the fireworks launch site in position 45°09′18″ N, 085°07′48″ W. (3) Grand Marais Splash In; All U.S. navigable waters within the southern portion of West This event historically occurs Grand Marais, MI. Bay bound within the following coordinates: 46°40′22.08″ mid to late June. N, 085°59′0.12″ W, 46°40′22.08″ N, 85°58′22.08″ W, and 46°40′14.64″ N, 85°58′19.56″ W, with the West Bay shoreline forming the South and West boundaries of the zone. (4) Festivals of Fireworks Cele- All U.S. navigable waters of East Moran Bay within an ap- On or around July 4th and bration Fireworks; St. Ignace, proximate 1000-foot radius from the fireworks launch site at Saturdays beginning late MI. the end of the Starline Mill Slip, centered in position: June to early September. 45°52′24.62″ N, 084°43′18.13″ W. (5) National Cherry Festival All U.S. navigable waters of the West Arm of Grand Traverse This event historically occurs Airshow Safety Zone; Tra- Bay within a box bounded by the following coordinates: late June or early July. verse City, MI. 44°46′51.6″ N, 085°38′15.6″ W, 44°46′23.4″ N, 085°38′22.8″ W, 44°46′30.00″ N, 085°35′42.00″ W, and 44°46′2.34″ N, 085°35′50.4″ W. (6) National Cherry Festival Fi- All U.S. navigable waters of the West Arm of Grand Traverse This event historically occurs nale Fireworks; Traverse Bay within the arc of a circle with an approximate 1200-foot late June or early July. City, MI. radius from the fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W. (7) Canada Day Celebration All U.S. navigable waters of the St. Marys River within an ap- On or around July 1. Fireworks; Sault Sainte proximate 1400-foot radius from the fireworks launch site, Marie, MI. centered approximately 160 yards north of the U.S. Army Corp of Engineers Soo Locks North East Pier, at position 46°30′20.40″ N, 084°20′17.64″ W. (8) Marquette Fourth of July All U.S. navigable waters of Marquette Harbor within an ap- On or around July 4th. Celebration Fireworks; Mar- proximate 1200-foot radius of the fireworks launch site, quette, MI. centered in position 46°32′23.0″ N, 087°23′13.1″ W. (9) Munising Fourth of July All U.S. navigable waters of South Bay within an approximate On or around July 4th. Celebration Fireworks; 800-foot radius from the fireworks launch site at the end of Munising, MI. the Munising City Dock, centered in position: 46°24′50.08″ N, 086°39′08.52″ W. (10) Sault Sainte Marie Fourth All U.S. navigable waters of the St. Marys River within an ap- On or around July 4th. of July Celebration Fire- proximate 1000-foot radius around the eastern portion of works; Sault Sainte Marie, the U.S. Army Corp of Engineers Soo Locks North East MI. Pier, centered in position: 46°30′19.66″ N, 084°20′31.61″ W. (11) Mackinac Island Fourth of All U.S. navigable waters of Lake Huron within an approxi- On or around July 4th. July Celebration Fireworks; mate 750-foot radius of the fireworks launch site, centered Mackinac Island, MI. approximately 1000 yards west of Round Island Passage Light, at position 45°50′34.92″ N, 084°37′38.16″ W. (12) Harbor Springs Fourth of All U.S. navigable waters of Lake Michigan and Harbor On or around July 4th. July Celebration Fireworks; Springs Harbor within the arc of a circle with an approxi- Harbor Springs, MI. mate 1200-foot radius from the fireworks launch site located on a barge in position 45°25′30″ N, 084°59′06″ W.

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TABLE 165.918—Continued [Datum NAD 1983]

Event Location Event date

(13) Bay Harbor Yacht Club All U.S. navigable waters of Lake Michigan and Bay Harbor On or around July 4th. Fourth of July Celebration Lake within the arc of a circle with an approximate 750-foot Fireworks; Petoskey, MI. radius from the fireworks launch site located on a barge in position 45°21′50″ N, 085°01′37″ W. (14) Petoskey Fourth of July All U.S. navigable waters of Lake Michigan and Petoskey On or around July 4th. Celebration Fireworks; Harbor, in the vicinity of Bay Front Park, within the arc of a Petoskey, MI. circle with an approximate 1200-foot radius from the fireworks launch site located in position 45°22′40″ N, 084°57′30″ W. (15) Boyne City Fourth of July All U.S. navigable waters of Lake Charlevoix, in the vicinity of On or around July 4th. Celebration Fireworks; Veterans Park, within the arc of a circle with an approxi- Boyne City, MI. mate 1400-foot radius from the fireworks launch site located in position 45°13′30″ N, 085°01′40″ W. (16) Alpena Fourth of July All U.S. navigable waters of Lake Huron within an approxi- On or around July 4th. Celebration Fireworks; mate 1000-foot radius of the fireworks launch site located Alpena, MI. near the end of Mason Street, South of State Avenue, at position 45°02′42″ N, 083°26′48″ W. (17) Traverse City Fourth of All U.S. navigable waters of the West Arm of Grand Traverse On or around July 4th. July Celebration Fireworks; Bay within the arc of a circle with an approximate 1200-foot Traverse City, MI. radius from the fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W. (18) Charlevoix Venetian Fes- All U.S. navigable waters of Lake Charlevoix, in the vicinity of This event historically occurs tival Friday Night Fireworks; Depot Beach, within the arc of a circle with an approximate in late July. Charlevoix, MI. 1200-foot radius from the fireworks launch site located on a barge in position 45°19′08″ N, 085°14′18″ W. (19) Charlevoix Venetian Satur- All U.S. navigable waters of Round Lake within the arc of a This event historically occurs day Night Fireworks; circle with an approximate 500-foot radius from the fire- in late July. Charlevoix, MI. works launch site located on a barge in position 45°19′03″ N, 085°15′18″ W. (20) Elk Rapids Harbor Days All U.S. navigable waters within the arc of a circle with an ap- This event historically occurs Fireworks; Elk Rapids, MI. proximate 750-foot radius from the fireworks launch site lo- in early August. cated on a barge in position 44°54′6.95″ N, 85°25′3.11″ W. (21) Nautical City Fireworks; All U.S. navigable waters within the arc of a circle with an ap- Early August. Rogers City. proximate 750-foot radius from the fireworks launch site located near Harbor View Road in position 45°25′04.72″ N, 83°47′51.21″ W.

[USCG–2018–0198, 83 FR 18417, Apr. 27, 2018] or by writing to: Sector Detroit, 110 Mt. Elliot Ave., Detroit MI 48207–4380. § 165.920 Regulated Navigation Area: USCG Station Port Huron, Port [CDG09–03–287, 69 FR 23103, Apr. 28, 2004, as Huron, MI, Lake Huron. amended by USCG–2012–0306, 77 FR 37315, June 21, 2012] (a) Location. All waters of Lake Huron encompassed by the following: § 165.921 Regulated Navigation Area; starting at the northwest corner at Reporting Requirements for Barges 43°00.4′ N, 082°25.327′ W; then east to Loaded with Certain Dangerous 43°00.4′ N, 082°25.23.8′ W; then south to Cargoes, Illinois Waterway System 43°00.3′ N, 082°25.238′ W; then west to located within the Ninth Coast 43°00.3′ N, 082°25.327′ W; then following Guard District. the shoreline north back to the point (a) Regulated Navigation Area. The fol- of origin (NAD 83). lowing waters are a regulated naviga- (b) Special regulations. No vessel may tion area (RNA): the Illinois Waterway fish, anchor, or moor within the RNA System above mile 187.2 to the Chicago without obtaining the approval of the Lock on the Chicago River at mile 326.7 Captain of the Port (COTP) Detroit. and to the confluence of the Calumet Vessels need not request permission River and Lake Michigan at mile 333.5 from COTP Detroit if only transiting of the Calumet River. through the RNA. COTP Detroit can be (b) Enforcement and applicability. (1) reached by telephone at (313) 568–9560, Beginning January 1, 2016, reporting requirements under this RNA will be

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enforced only when directed by the Dis- ‘‘fissile material, controlled ship- trict Commander or designated rep- ment’’, as defined in 49 CFR 173.403. resentative under paragraphs (d)(1)(ix), (7) Bulk liquefied chlorine gas and (d)(2)(iv), (f)(9), and (g)(4) of this sec- bulk liquefied gas cargo that is flam- tion. Reporting points as listed in para- mable and/or toxic and carried under 46 graph (e) of this section may be used to CFR 154.7. determine and inform where reporting (8) The following bulk liquids— is required. Compliance under other (i) Acetone cyanohydrin, parts of this section is stayed until a (ii) Allyl alcohol, future date published in the FEDERAL (iii) Chlorosulfonic acid, REGISTER, if determined necessary. (iv) Crotonaldehyde, (2) This section applies to towing ves- (v) Ethylene chlorohydrin, sel operators and fleeting area man- (vi) Ethylene dibromide, agers responsible for CDC barges in the (vii) Methacrylonitrile, RNA. This section does not apply to: (viii) Oleum (fuming sulfuric acid), (i) Towing vessel operators respon- and sible for barges not carrying CDCs (ix) Propylene Oxide. barges, or CDC barge means a barge containing (ii) Fleet tow boats moving one or CDCs or CDC residue. more CDC barges within a fleeting area. Downbound means the tow is trav- (c) Definitions. As used in this sec- eling with the current. tion— Fleet tow boat means any size vessel Barge means a non-self propelled ves- that is used to move, transport, or de- sel engaged in commerce, as set out in liver a CDC barge within a fleeting 33 CFR 160.202. area. Certain Dangerous Cargo or (CDC) in- Fleeting area means any fleet, includ- cludes any of the following: ing any facility, located within the (1) Division 1.1 or 1.2 explosives as de- area covered by one single port. fined in 49 CFR 173.50. Ninth District CDC Reporting Unit or (2) Division 1.5D blasting agents for ((D9 CDCRU)) means the Coast Guard which a permit is required under 49 office that is responsible for collecting CFR 176.415 or, for which a permit is re- the information required by this sec- quired as a condition of a Research and tion. Special Programs Administration ex- Ninth Coast Guard District means the emption. Coast Guard District as set out in 33 (3) Division 2.3 ‘‘poisonous gas’’, as CFR 3.45–1. listed in 49 CFR 172.101 that is also a Towing vessel means any size vessel ‘‘material poisonous by inhalation’’ as that is used to move, transport, or de- defined in 49 CFR 171.8, and that is in a liver a CDC barge to a fleet or facility quantity in excess of 1 metric ton per that is located in a different port than barge. where the voyage originated. (4) Division 5.1 oxidizing materials Towing vessel operator means the Cap- for which a permit is required under 49 tain or pilot who is on watch on board CFR 176.415 or, for which a permit is re- a towing vessel. quired as a condition of a Research and Upbound means the tow is traveling Special Programs Administration ex- against the current. emption. (d) Regulations. The following must (5) A liquid material that has a pri- report to the Ninth District CDC Re- mary or subsidiary classification of Di- porting Unit Eighth District (D9 vision 6.1 ‘‘poisonous material’’ as list- CDCRU): ed in 49 CFR 172.101 that is also a ‘‘ma- (1) The towing vessel operator re- terial poisonous by inhalation’’, as de- sponsible for one or more CDC barges fined in 49 CFR 171.8 and that is in a in the RNA must report all the infor- bulk packaging, or that is in a quan- mation items specified in table tity in excess of 20 metric tons per 165.921(f), in paragraph (f) of this sec- barge when not in a bulk packaging. tion, to the D9 CDCRU: (6) Class 7, ‘‘highway route controlled (i) Upon point of entry into the RNA quantity’’ radioactive material or with one or more CDC barges;

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(ii) Four hours before originating a directed by the District Commander or voyage within the RNA with one or designated representative through the more CDC barges, except if the evo- D9 CDCRU. Notification of when and lution of making up a tow with a CDC where reporting is required may be barge will take less than 4 hours before made through Marine Safety Informa- originating a voyage, and the towing tion Bulletins, Notices of Enforcement, vessel operator did not receive the email and/or through industry out- order to make up a tow with a CDC reach. At all other times, reporting barge in advance of 4 hours before orig- under this section is not required and inating the voyage with one or more communications should be directed to CDC barges, in which case the towing the Captain of the Port. vessel operator shall submit the re- (5) The general regulations contained quired report to the D9 CDCRU as soon in 33 CFR 165.13 apply to this section. as possible after receiving orders to (e) Ninth Coast Guard District Illinois make up a tow with one or more CDC Waterway System RNA Reporting points. 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 D9 CDCRU at ity; each point listed in this paragraph (e). (iv) Upon picking up one or more additional 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 District (v) M 326.7 Chicago L&D, Chicago Commander or designated representa- River. tive. (2) Illinois River (ILR) Downbound (2) The fleeting area manager respon- Reporting Points, at Mile Markers (M) sible for one or more CDC barges in the and when Departing Lock & Dam RNA must report all the information (L&D)— items specified in table 165.921(g), in (i) M 326.7 Chicago L&D, Chicago paragraph (g) of this section, to the D9 River, CDCRU: (ii) M 333.5 Confluence of Calumet (i) Once daily, report all CDC barges River and Lake Michigan, within the fleeting area; (ii) Upon moving one or more CDC (iii) M 326.4 Thomas S. O’Brien L&D, barges within a fleeting area by a fleet Calumet River, tow boat; (iv) M 303.5 Junction of Chicago Sani- (iii) Any significant deviation from tary Ship Canal and Calumet-Sag previously reported information; and Channel, and (iv) When directed by the District (v) M 187.2 (Southern Boundary MSU Commander or designated representa- Chicago AOR). tive. (f) Information to be reported to the D9 (3) Reports required by this section CDCRU by towing vessel operators. With may be made by a company representa- the exception noted in paragraph tive or dispatcher on behalf of the (d)(1)(ii) of this section, towing vessel fleeting area manager. operators responsible for one or more (4) When required, reports under this CDC barges in the RNA must report all section must be made either by email the information required by this sec- at [email protected] or via phone tion as set out in table 165.921(f) of this or fax as provided in the notification as paragraph.

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

Reporting ) X X 1 PERATORS arrival O tination of CDC barge cluding esti- (fleeting area or facility), in- Name and location of des- mated time of ESSEL V from facility time of area or fleeting ...... X departure Estimated OWING T ) ...... X ) ...... ( BY 1 1 of CDC onboard Type, name and amount ) ( 1 X D9 CDCRU official number Barge(s) name and vessel moving barge(s) Name of EPORTED TO THE R contact number 24-hour E 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 District Commander or designated representative ...... 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 D9 report the information required by this CDCRU 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 D9 CDCRU 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 District Commander or designated representative ...... X X X X

(h) Alternative reporting. The Ninth (B) Vessels must not be a personal or Coast Guard District Commander may human powered watercraft (i.e., jet consider and approve alternative meth- skis, waver runners, kayaks, row boats, ods to be used by a reporting party to etc.). meet any reporting requirements if— (C) Vessels engaged in commercial (1) The request is submitted in writ- service, as defined in 46 U.S.C. 2101(5), ing to Commander, Ninth Coast Guard may not pass (meet or overtake) in the District (m), 1240 E. Ninth Street, RNA and must make a SECURITE´ call Cleveland, Ohio, 44199–2060; and when approaching the RNA to an- (2) The alternative provides an equiv- nounce intentions and work out pass- alent level of the reporting that which ing arrangements. would be achieved by the Coast Guard (D) Commercial tows transiting the with the required check-in points. (i) Deviation from this section is pro- RNA must use wire rope or appropriate hibited unless specifically authorized alternatives to ensure electrical by the Commander, Ninth Coast Guard connectivity between all segments of District or designated representative. the tow. (E) All vessels are prohibited from (Approved by the Office of Management and loitering in the RNA. Budget under OMB control number 1625–1505) (F) Vessels may enter the RNA for [CDG09–03–241, 68 FR 57622, Oct. 6, 2003, as the sole purpose of transiting to the amended by USCG–2005–21869, 80 FR 5336, other side and must maintain headway Jan. 30, 2015; USCG–2013–0849, 80 FR 81189, Dec. 29, 2015] throughout the transit. All vessels and persons are prohibited from dredging, § 165.923 Regulated Navigation Area, laying cable, dragging, fishing, con- Chicago Sanitary and Ship Canal, ducting salvage operations, or any Romeoville, IL. other activity, which could disturb the (a) Regulated navigation area and regu- bottom of the RNA. lations. (1) The following is a regulated (G) Except for law enforcement and navigation area (RNA): All waters of emergency response personnel, all per- the Chicago Sanitary and Ship Canal, sonnel on vessels transiting the RNA Romeoville, IL located between mile should remain inside the cabin, or as marker 295.5 and mile marker 297.2. inboard as practicable. If personnel (2)(i) The general regulations con- must be on open decks, they must wear tained in § 165.13 apply. a Coast Guard approved personal flota- (ii) Vessels that comply with the fol- tion device. lowing restrictions are permitted to (H) Vessels may not moor or lay up transit the RNA: on the right or left descending banks of (A) Vessels must be greater than 20 feet in length. the RNA.

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(I) Towboats may not make or break water on board is prohibited unless au- tows if any portion of the towboat or thorized by the Coast Guard’s Ninth tow is located in the RNA. District Commander, his or her des- (J) Persons onboard any vessel ignated representatives, or an on-scene transiting the RNA in accordance with representative. this rule or otherwise are advised they (5) The Captain of the Port, Lake do so at their own risk. Michigan, may further designate an (K) All vessels transiting the RNA ‘‘on-scene’’ representative. The Captain are required to transit at a no wake of the Port, Lake Michigan, or the on- speed but still maintain bare steerage- scene representative may be contacted way. via VHF–FM radio Channel 16 or (L)(1) All vessels are prohibited from through the Coast Guard Lake Michi- transiting the restricted navigation gan Command Center at (414) 747–7182. area with any non-potable water on (b) Definitions. The following defini- board if they intend to release that tions apply to this section: water in any form within, or on the Designated representative means the other side of the restricted navigation Captain of the Port Lake Michigan and area. Non-potable water includes, but is not limited to, any water taken on Commanding Officer, Marine Safety board to control or maintain trim, Unit Chicago. draft, stability, or stresses of the ves- On-scene representative means any sel. Likewise, it includes any water Coast Guard commissioned, warrant or taken on board due to free communica- petty officer who has been designated tion between the hull of the vessel and by the Captain of the Port, Lake exterior water. Potable water is water Michigan, to act on his or her behalf. treated and stored aboard the vessel The on-scene representative of the Cap- that is suitable for human consump- tain of the Port, Lake Michigan, will tion. be aboard a Coast Guard, Coast Guard (2) Vessels with non-potable water on Auxiliary, or other designated vessel or board are permitted to transit the re- will be onshore and will communicate stricted navigation area if they have with vessels via VHF–FM radio or taken steps to prevent the release, in loudhailer. any form, of that water in or on the Vessel means every description of other side of the restricted navigation watercraft of other artificial contriv- area. Alternatively, vessels with non- ance used, or capable or being used, as potable water on board are permitted a means of transportation on water. to transit the restricted navigation This definition includes, but is not lim- area if they have plans to dispose of ited to, barges. the water in a biologically sound man- (c) Compliance. All persons and ves- ner. sels must comply with this section and (3) Vessels with non-potable water any additional instructions or orders of aboard that intend to discharge on the the Coast Guard’s Ninth District Com- other side of the restricted navigation mander or his or her designated rep- area must contact the Coast Guard’s resentatives. Any person on board any Ninth District Commander or his or vessel transiting this RNA in accord- her designated representatives prior to ance with this rule or otherwise does so transit and obtain permission to tran- at his or her own risk. sit and discharge. Examples of dis- (d) Waiver. For any vessel, the Coast charges that may be approved include Guard’s Ninth District Commander or plans to dispose of the water in a bio- his or her designated representatives logically sound manner or demonstrate may waive any of the requirements of through testing that the non-potable this section, upon finding that oper- water does not contain potential live ational conditions or other cir- Silver or Asian carp, viable eggs, or cumstances are such that application gametes. of this section is unnecessary or im- (4) In accordance with the general practical for the purposes of vessel and regulations in § 165.23, entry into, mariner safety. transiting, or anchoring within this safety zone by vessels with non-potable [USCG–2017–1095, 83 FR 34045, July 19, 2018]

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

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

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(c) Suspension of enforcement. The are exempt from the requirements in COTP Lake Michigan may suspend en- this section. forcement of any of these zones earlier (e) Waiver. For any vessel, the COTP than listed in this section. Should the Lake Michigan or his or her designated COTP Lake Michigan suspend any of representative may waive any of the these zones earlier than the listed du- requirements of this section upon find- ration in this section, he or she may ing that operational conditions or make the public aware of this suspen- other circumstances are such that ap- sion by Broadcast Notice to Mariners plication of this section is unnecessary and/or on-scene notice by his or her or impractical for the purposes of safe- designated representative. ty or security. (d) Exemption. Public Vessels, as defined in paragraph (b) of this section,

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2 16; 11:50 a.m. to 12:30 p.m. p.m. to 10 Rain date: The first Friday of May; 9:30 p.m. to 11:30 p.m. of June; 9 p.m. to 11 each day. The first Saturday of May; 6:30 a.m. to 5 p.m. March 15; 11:50 a.m. to 12:30 p.m. Rain date: The Saturday or Sunday before Memorial Day; 8:30 The third Saturday of March; 5:30 p.m. to 7 The last Saturday of June; 9 p.m. to 11 The last Saturday of April; 8 a.m. to 4 p.m. The first Saturday of May; 9:30 p.m. to 11:30 The first Saturday of May; 8 a.m. to 5 p.m. Friday and Saturday of the third complete weekend The third Saturday of June; 9 p.m. to 11 The second Friday of June; 9 p.m. to 11 N, N, N, W; ′ ′ ′ ′ W. 1.13 South ′ circle circle W. ith a 250- 27.167 ′ 37.607 31.211 01.159 ° ° ° ° 00.710 0-foot radius t and Walnut W. ° ′ 39.332 ° N, 088 ′ W. N, 088 ′ ′ 41.869 W. ° ′ N, 087 ′ 30.944 ° 12.401 31.408 N, 087 ° ° W; to the Crawford Avenue 46.673 ′ ° ′ W. 05.492 ′ ° W; to the junction of Calumet W. ′ N, 086 ′ ′ 44.914 N, 087 38.474 ° ′ ° Enforcement date and time W; then northeast along the river bank 165.929 1 39.026 ′ ° 39.626 ° 15.585 04.375 ° ° 43.722 N, 087 ° ABLE ′ W; and the Little Calumet River from Ash- 01.016 N, 087 T ° ′ ′ (c) May Safety Zones N, 087 (b) April Safety Zones (d) June Safety Zones (a) March Safety Zones N, 086 ′ ′ 39.442 ° N, 088 W; then northwest returning to the point of origin. 43.127 39.373 ° ′ ° ′ 39.098 W. 14.018 ° ′ ° 30.890 N, 087 00.866 ° ° ′ 07.348 ° N, 088 39.078 ′ ° W; then southwest along the river bank to 44 W. W. ′ ′ ′ N, 086 ′ 31.074 ° 03.833 13.977 00.833 ° ° ° 47.496 ° Saganashkee Channel at 41 land Avenue Bridge at 41 Bridge at 41 to 44 088 then southeast to 44 086 Halstead Street Bridge at 41 with a 500-foot radius from the fireworks launch site located in position 44 foot radius from a center point launch position at 44 Street Bridge within an area bounded by the following coordinates; 44 088 Corp facility, within the arc of a circle with 1,500-yard radius from rocket launch site located in position 43 with a 1,000-foot radius from the fireworks launch site in approximate center position 42 boygan South Pier, within the arc of a circle with 1,500-yard radius from rocket launch site located with its center in position 43 Basin Entrance Light, within the arc of a circle with 200-foot radius from fireworks launch site located in position 42 radius from a barge in center position 43 from the fireworks launch site located in approximate center position 44 miles above the head of Fox River, within arc a circle with 1,000-foot radius from the fireworks launch site located in position 44 Muskegon, MI. All waters of Muskegon Lake, near the West Michigan Dock and Market Spring Lake, MI. All waters of the Grand River within arc a circle with 700-foot Event Location Rocket Launch. works. (1) St. Patrick’s Day FireworksDay Patrick’s St. (1) ...... Manitowoc, WI. All waters of the Manitowoc River within arc a circle w DisplayFireworks Public (2) ...... Green Bay, WI. All waters of the Fox River in vicinity Main Stree (1) Michigan Aerospace Challenge Sport FireworksFestival Time Tulip (1) ...... Holland, MI. All waters of Lake Macatawa, near Kollen Park, within the arc a CupCochrane ...... (2) Blue Island, IL. All waters of the Calumet Saganashkee Channel from LaunchRocket Schools for ....Rockets (3) Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor, near the She- FireworksPere De Celebrate (4) ...... De Pere, WI. All waters of the Fox River, near Voyageur Park, within arc a BayfestInternational (1) ...... Green Bay, WI. All waters of the Fox River, near Western Lime Company FestivalFamily and Music Harborfest (2) .. Racine, WI. All waters of Lake Michigan and Racine Harbor, near the Launch (3) Spring Lake Heritage Festival Fire- FestivalSolstice Elberta (4) ...... Elberta, MI. All waters of Betsie Lake within the arc a circle with 50

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2 11 p.m. June; 10 a.m. to 7 p.m. each day. 11 p.m. 11 p.m. 11 p.m. p.m. to 11 July 3; 9 p.m. to 11 Rain date: 4; The last Saturday of June; 8 a.m. to 2 p.m. Friday, Saturday, and Sunday of the third weekend in The fourth Saturday of June; 9 p.m. to 10 The third Saturday of June; 9 p.m. to 11 July 3; 9 p.m. to 11 Rain date: 4; June 15; 8:45 p.m. to 10:45 The first Saturday of July; 8:45 p.m. to 9:30 July 4; 9 p.m. to 10:30 July 3; 9 p.m. to 11 Rain date: 4; July 4; 9 p.m. to 11 Rain date: 5; July 3; 8:30 p.m. to 11 Rain date: 4; N, N, N, W. W; ith- ′ ′ awn ′ ′ rc of of a ′ within W; then ot radius W. f a circle ′ ′ 06.867 03.933 35.434 52.453 ° e vicinity of ° 07.831 ° ° ° ted at approxi- 28.457 17.461 ° ° N, 087 N, 087 ′ ′ W. ′ N, 086 N, 088 ′ ′ 39.927 ° 53.247 W; then northeast returning ° 05.043 ′ ° 07.646 03.101 ° ° W; then west/northwest along the W; then northwest 100 yards to ′ 36.573 ′ N, 087 ° ′ Enforcement date and time W; then southwest to 41 1 ′ 29.421 29.682 ° N, 087 ° W, then 1,250 yards north to a line crossing 15.595 ′ ′ ° 165.929—Continued 35.434 ° (e) July Safety Zones W. N, 086 ′ N, 086 53.247 ′ 17.367 W; then southeast to 41 ° ° ′ ′ ABLE W; then northeast 2,243 yards to 42 T N, 087 ′ 20.757 W. W. W. W. W. 06.918 ° ′ ° ′ ′ ′ ′ ′ N, 088 06.980 35.978 ° ′ ° 29.728 ° N, 086 52.809 10.844 41.897 25.904 26.625 53.485 ° ′ ° ° ° ° ° 02.499 N, 087 ° ′ W; then north to 41 W; then southeast to the shoreline at 42 W. N, 086 14.854 ′ ′ ′ N, 087 N, 087 N, 088 N, 086 N, 087 ° ′ ′ ′ ′ ′ ′ 53.380 ° 28.721 36.611 29.463 ° ° ° 07.018 09.304 44.914 12.017 46.942 02.362 ° ° ° ° ° ° to the point of origin. southwest along the shoreline to point of origin. 086 087 then south to 41 42 the river perpendicularly running through position 42 north breakwater to 42 with a 750-foot radius from the fireworks launch site located on barge in position 45 in the arc of a circle with 1,000-foot radius from fireworks launch site located position 44 mate position 42 from the fireworks launch site located in center position 41 seph, MI beginning at 42 the arc of a circle with 400-foot radius from fireworks launch site located on barge in approximate center position 45 circle with a 1,000-foot radius from the fireworks launch site located in position 43 cle with an 800-foot radius from the fireworks launch site located in center position 44 a circle with 1,000-foot radius from the fireworks launch site located in position 43 from 41 circle with a 1,000-foot radius from the fireworks launch site in position 42 086 Veteran’s Park, within the arc of a circle with 1,200-foot radius from center the fireworks launch site which is located on a barge in approximate position 43 St. Joseph, MI. All waters of Lake Michigan in the vicinity Tiscornia Park Jo- Event Location ment. (5) World War II Beach Invasion Re-enact- FireworksEphraim (6) ...... Ephraim, WI. All waters of Eagle Harbor and Lake Michigan within the arc o Foxthe on Thunder (7) ...... Elgin, IL. All waters of the Fox River from Kimball Street Bridge, loca FireworksDays Bay Ellison Olde (8) ...... Ellison Bay, WI. All waters of Green in the vicinity Bay Wisconsin, FireworksHarborfest Sheboygan (9) ...... Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor within the arc a DisplayFireworks Porter of Town (1) ...... Porter, IN. All waters of Lake Michigan within the arc a circle with 1,000-fo FireworksJuly of 4th Menasha of City (2) Menasha, WI. All waters of Lake Winnebago and the Fox River within arc a cir- (3) Pentwater July Third Fireworks ...... Pentwater, MI. All waters of Lake Michigan and the Pentwater Channel within a FireworksChicago of Taste (4) ...... Chicago, IL. All waters of Monroe Harbor and Lake Michigan bounded by a line dr (5) St. Joseph Fourth of July Fireworks ..... St. Joseph, MI. All waters of Lake Michigan and the Joseph River within arc FireworksBank U.S. (6) ...... Milwaukee, WI. All waters and adjacent shoreline of Milwaukee Harbor, in th Fireworks Day Independence Manistee (7) Manistee, MI. All waters of Lake Michigan, in the vicinity First Street Beach, w

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W. ′ ′ ′ ′ ′ ′ ′ W. arc of ′ 14.802 of a cir- ° 05.239 31.522 09.130 08.404 47.440 38.094 ° ° 12.285 ° ° ° ° ° 46.635 ° N, 086 ′ N, 087 N, 086 ′ ′ N, 087 ′ 37.613 ° 39.303 W. ° 39.074 W. ° ′ 44.259 ′ ° W. ′ 49.837 W; then north to 44 ° 41.850 ° ′ 21.463 ° N, 087 W. N, 087 ′ ′ 15.263 ′ W; then south to 44 ° ′ W. ′ N, 086 W. ′ 17.847 14.240 ′ ° 44.917 ° ° N, 086 14.826 ° ′ 14.509 ° 24.621 ° 12.710 W. W. W. W. N, 086 ° ′ ′ ′ ′ ′ N, 086 37.613 ° ′ N, 087 ′ 3.908 N, 086 ° 27.718 15.793 17.179 48.450 ′ ° ° ° ° 38.100 ° 37.322 ° W; then east returning to the point of origin. W. W. W. W. 46.351 ′ ′ ′ ′ ′ N, 086 N, 086 N, 086 N, 087 ° ′ ′ ′ ′ 15.263 05.244 45.530 07.621 44.930 ° ° ° ° ° 57.171 14.039 24.125 35.283 ° ° ° ° 086 W; then west to 44 088 087 drawn from 44 cle with a 800-foot radius from the fireworks launch site located in position 43 from a center position at 43 rina, within the arc of a circle with 700-foot radius from center position at 43 foot radius from the fireworks launch site located on west bank of Grand River in position 43 086 circle with a 1,000-foot radius from the fireworks launch site located in approximate position 42 radius from the fireworks launch site in center position 42 circle with a 1,000-foot radius from the fireworks launch site located in center position 42 radius from the fireworks launch site located in position 41 within the arc of a circle with 500-foot radius from fireworks launch site located in position 41 a 500-foot radius from the fireworks launch site located in position 41 arc of a circle with 1,000-foot radius from barge in position 42 087 from a center point fireworks launch site in approximate position 42 dius from approximate position 42 cle with a 1,000-foot radius from the fireworks launch site located in position 42 with a 900-foot radius from center point position at 42 the south pier, within arc of a circle with 1,000-foot radius from fireworks launch site located in position 43 a circle with 2,000-foot radius of center launch position at 42 Montague, MI. All waters of White Lake within the arc a circle with an 800-foot radius Muskegon, MI. All waters of Muskegon Lake, in the vicinity Hartshorn Municipal Ma- Grand Haven, MI. All waters of the River within arc a circle with 800- Saugatuck, MI. All waters of Kalamazoo Lake within the arc a circle with 500-foot Dune Acres, IN. All waters of Lake Michigan within the arc a circle with 700-foot Joliet, IL. All waters of the Des Plains River, at mile 288, within arc a circle with Glencoe, IL. All waters of Lake Michigan in the vicinity Front Park, within Glencoe, IL. All waters of Lake Michigan within the arc a circle with 600-foot radius Lake Bluff, IL. All waters of Michigan within the arc a circle with 600-foot ra- Kenosha, WI. All waters of Lake Michigan and Kenosha Harbor within the arc a cir- Racine, WI. All waters of Racine Harbor and Lake Michigan within the arc a circle Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor, in the vicinity works. Fourth Fireworks. of July Fireworks. works. Day Fireworks. Fireworks. Fireworks. ence Day Fireworks. ence Day Fireworks. works. works. Fireworks. (8) Frankfort Independence Day Fireworks Day Independence Frankfort (8) Frankfort, MI. All waters of Lake Michigan and Frankfort Harbor, bounded by a line (9) Freedom Festival Fireworks ...... Ludington, MI. All waters of Lake Michigan and Ludington Harbor within the arc (10) White Lake Independence Day Fire- (11) Muskegon Summer Celebration July (12) Grand Haven Jaycees Annual Fourth FireworksFreedom Celebration (13) ...... Holland, MI. All waters of Lake Macatawa in the vicinity Kollen Park within ShowFireworks Andel Van (14) ...... Holland, MI. All waters of Lake Michigan and the Holland Channel within arc (15) Saugatuck Independence Day Fire- Fireworks July of Fourth Haven South (16) South Haven, MI. All waters of Lake Michigan and the Black River within arc a (17) Town of Dune Acres Independence FireworksJuly of Fourth Gary ...... (18) Gary, IN. All waters of Lake Michigan, approximately 2.5 miles east Gary Harbo (19) Joliet Independence Day Celebration (20) Glencoe Fourth of July Celebration (21) Lakeshore Country Club Independ- (22) Shore Acres Country Club Independ- (23) Kenosha Independence Day Fire- (24) Fourthfest of Greater Racine Fire- (25) Sheboygan Fourth of July Celebration

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2 11 p.m. 2:30 p.m. to 4:30 11 p.m. 11 p.m. of July; 9 p.m. to 11 each day. 11 p.m. 11 p.m. p.m. to 11 8:30 p.m. to 10:30 p.m. to 11 11 p.m. weekend of July; 9 p.m. to 11 each day. July 4; 9 p.m. to 11 Rain date: 5; July 4 from 2:30 p.m. to 4:30 Rain date: 5; July 6 thru 10; 8:30 a.m. to 5 p.m. July 4; 9 p.m. to 11 Rain date: 5; July 2; 9 p.m. to 11 Rain date: Friday and Saturday of the third complete weekend July 4; 9 p.m. to 11 Rain date: 5; July 4; 9 p.m. to 11 Rain date: 5; Friday of the second complete weekend July; 9 Sunday of the second complete weekend July; Saturday of the third complete weekend July; 9 July 4; 9 p.m. to 11 Rain date: 5; The third Saturday of July; 9 p.m. to 11 Friday, Saturday, and Sunday of the second or third

′ N, N, N, W, om ′ ′ ′ east ′ W. circle ′ r from 16.767 ithin the W; then ° ′ 31.250 37.217 01.100 ° 31.467 ° ° ° 51.900 ° N, 087 13.822 ′ ° N, 088 ′ N, 087 ′ W. ′ 37.805 N, 087 ° ′ 30.912 ° W. 23.117 ° ′ W. 29.250 ° ′ 37.413 ° 38.751 ° N, 086 52.808 ′ ° Enforcement date and time 1 W. W. ′ ′ N, 087 ′ N, 087 06.800 ° ′ W. W. 165.929—Continued W. ′ ′ 23.411 14.617 ′ W; then southwest to 41 ° ° ′ 05.395 ° 59.658 ° ABLE 00.640 40.350 37.757 ° ° T N, 087 N, 087 ° 13.877 ′ ′ ° W. W. W. ′ ′ ′ N, 088 N, 087 N, 087 ′ ′ 50.562 07.867 ′ N, 087 ° ° 00.963 29.750 54.617 ′ ° ° ° 6.232 31.337 02.933 ° ° W then southwest to the Main St. Bridge in approximate position ° W; then east along the shoreline to 41 W. 38.017 ′ ′ ′ N, 088 N, 087 N, 086 ° ′ ′ ′ 00.633 05.283 16.763 ° ° ° 31.102 27.493 43.700 ° ° ° W; then south returning to the point of origin. 44 north to 41 088 then northeast to an imaginary line running perpendicularly across the river through coordinate 44 088 end of the south pier, within arc a circle with 1,000-foot radius from fireworks launch site located in position 42 within the arc of a circle with 500-foot radius from fireworks launch site located in position 42 087 south breakwater, within the arc of a circle with 1,000-foot radius from fireworks launch site located in position 44 arc of a circle with 1,000-foot radius from the fireworks launch site located on barge in position 44 arc of a circle with 1,000-foot radius from the fireworks launch site located on barge in position 45 the Canadian National Railroad Bridge in approximate position 44 the West Walnut Street Bridge in approximate position 44 within the arc of a circle with 900-foot radius from fireworks launch site in center position 45 circle with a 1,000-foot radius from the fireworks launch site located in position 44 of a circle with 1,000-foot radius from the fireworks launch site located in position 41 vicinity of the WE Energies coal dock, within arc a circle with 1,000-foot radius from the fireworks launch site located in position 43 South Shore Yacht Club, within the arc of a circle with 900-foot radius from fireworks launch site in position 42 with a 300-foot radius from the fireworks launch site located in position 41 Manitowoc, WI. All waters of Lake Michigan and Manitowoc Harbor, in the vicinity Sturgeon Bay, WI. All waters of in the vicinity Sunset Park, within Marinette, WI. All waters of the Menominee River, in vicinity Stephenson Island, Milwaukee, WI. All waters of Lake Michigan and Milwaukee Harbor, in the vicinity Event Location works. Fireworks. Fireworks. Frolics Fireworks. (26) Manitowoc Independence Day Fire- (27) Sturgeon Bay Independence Day IndependenceCreek Fish (28) ...... Fish Creek, WI. All waters of Green Bay, in the vicinity Creek Harbor, w FireworksFox the over Fire (29) ...... Green Bay, WI. All waters of the Fox River including mouth East Rive ShowSki Americafest Celebrate (30) ...... Green Bay, WI. All waters of the Fox River, including mouth East River fr (31) Marinette Fourth of July Celebration FireworksJuly of .....Fourth Evanston (32) Evanston, IL. All waters of Lake Michigan, in the vicinity Centennial Park Beach, ShowWater and ...... Air Gary (33) Gary, IN. All waters of Lake Michigan bounded by a line drawn from 41 FireworksFestival Trout Annual (34) ...... Kewaunee, WI. All waters of Kewaunee Harbor and Lake Michigan within the arc a FireworksSummerfest City Michigan (35) Michigan City, IN. All waters of City Harbor and Lake within the arc FireworksDay Fish Washington Port (36) Port Washington, WI. All waters of Washington Harbor and Lake Michigan, in the (37) Bay View Lions Club South Shore FireworksFestival Venetian (38) ...... St. Joseph, MI. All waters of Lake Michigan and the Joseph River, near FireworksDaze Waterway Joliet (39) ...... Joliet, IL. All waters of the Des Plaines River, at mile 287.5, within arc a

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VerDate Sep<11>2014 12:40 May 11, 2021 Jkt 250138 PO 00000 Frm 00910 Fmt 8010 Sfmt 8010 Y:\SGML\250138.XXX 250138 Spaschal on DSKJM0X7X2PROD with CFR Coast Guard, DHS § 165.929 and ending Sunday; 8 a.m. to p.m. each day. p.m. 6:30 p.m. and 7 to 7:30 8:30 p.m. to 10:30 July; 9 p.m. to 11 p.m. to 10:30 ment and Broadcast Notice to Mariners. p.m. The last complete week of July, beginning Monday Saturday of the last weekend July; 9 p.m. to 11 Each Wednesday of July through August; 6 p.m. to The last Saturday of July; 9 p.m. to 11 July 3 or 4; 8:45 p.m. to 10:30 July 4; 9 p.m. to 11 July 4; 8:30 p.m. to 10:30 Rain date: 5; Friday and Saturday of the last complete weekend July 3rd or 5th; 9:30 p.m. to 11:15 July 29; 9 p.m. to 10:30 Rain date: 30; July 13; 9 p.m. to 11 Dates and times will be issued by Notice of Enforce- July 4; 8:30 p.m. to 10:30 July 3; 8:30 p.m. to 10:15 July 22; 2 p.m. to 4:30 and 23; 9 a.m. 3

′ ′ ′ ′ N, N, N, N, c of ′ ′ ′ ′ ma- 44.067 56.822 29.904 52.450 ° ° ° ° roximate 52.459 N, 53.251 N, 02.178 39.073 foot radius ° 06.417 ° W. 53.050 ° ° ° or within an ° ′ N, 088 ′ W; then south to ′ 01.728 ° 57.653 ° 29.374 ° N, 087 W; then west to 41 ′ ′ N, 088 ′ W; then east to 41 17.470 35.393 W; then north back to the ° 36.350 ′ ° ° 34.352 W; then south to 41 ° W then southwest to the Walnut Street W. W. 57.653 ′ ′ ° ′ W. 36.600 N, 087 ° ′ ′ W; then southwest along the shoreline to ′ 00.904 26.941 01.091 ° ° ° 40.856 52.459 N, 087 N, 087 52.450 ° ° ° 53.251 N, 087 ′ W. ° 29.374 ′ ° N, 088 N, 088 N, 088 ′ ′ ′ W; then west returning to the point of origin. W. W. W. N, 087 ′ ′ ′ ′ ′ 53.050 ° 37.757 N, 088 ° 31.089 11.126 30.900 ° ° ′ ° 29.564 29.735 44.823 41.967 04.674 ° ° ° ° ° W; then north approximately 5,100 feet to 43 N, 087 W; then north returning to the point of origin. W. ′ ′ ′ ′ 56.933 ° W; then south to 41 W. W. W. ′ ′ ′ ′ N, 088 N, 087 N, 086 N, 087 ′ ′ ′ ′ 06.232 29.904 36.617 46.333 ° ° ° ° 12.285 36.024 36.350 34.364 W; then west to 41 53.625 35.393 W; then east to 41 ° ° ° ° ° ° 56.822 27.481 48.153 44.917 ° ° ° ° 43 shore at 43 N, 087 W, then east approximately 2,300 feet to 43 086 N, 087 087 087 Bridge in position 44 area bounded by a line connecting the following coordinates: Beginning at 43 N, 088 radius from the fireworks launch site located on a barge in position 42 circle with a 1,000-foot radius from the fireworks launch site located in position 44 launch position at 44 of the launch vessel in approximate position at 45 with a 1,000-foot radius from the fireworks launch site located in position 42 a line drawn from 41 a circle with 800-foot radius from the fireworks launch site located in position 41 at Chicago, IL, within a rectangle that is bounded by line drawn from 41 the arc of a circle with 900-foot radius from center position at 45 radius from the fireworks launch site located at south pier in approximate position 43 within the arc of a circle with 900-foot radius from fireworks launch site in position 45 Bridge in position 44 a circle with 1,000-foot radius from the fireworks launch site located at approximate center position 42 087 087 087 point of origin. rina at Pier Wisconsin, within the arc of a circle with 300-foot radius from fireworks launch site on Pier Wisconsin located in approximate position 43 New Buffalo, MI. All waters of Lake Michigan and Buffalo Harbor within the arc Chicago, IL. All waters of Lake Michigan in the vicinity Chicago Harbor Entrance Menominee, MI. All waters of Green Bay, in the vicinity Menominee Marina, within Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor within an 800-foot Marinette, WI. All waters of the Menominee River, in vicinity Stephenson Island, Fireworks. Race. bration Fireworks. works. tival Fireworks. (40) EAA AirventureEAA (40) ...... Oshkosh, WI. All waters of Lake Winnebago in the vicinity Willow Harb FireworksNight Venetian Saugatuck (41) .. Saugatuck, MI. All waters of Kalamazoo Lake within the arc a circle with 500-foot Fireworks Festival Italian Lodge Roma (42) Racine, WI. All waters of Lake Michigan and Racine Harbor within the arc a circle FireworksNight Venetian Chicago (43) ..... Chicago, IL. All waters of Monroe Harbor and all Lake Michigan bounded by (44) New Buffalo Business Association (45) Start of the Chicago to Mackinac WisconsinPier at Fireworks (46) ...... Milwaukee, WI. All waters of Milwaukee Harbor, including Lakeshore Inlet and the FireworksRock Gills (47) ...... Gills Rock, WI. All waters of Green Bay near WI within a 1,000- (48) City of Menominee 4th July Cele- (49) Miesfeld’s Lakeshore Weekend Fire- (50) Marinette Logging and Heritage Fes- ShowSki Water ..City the in Summer (51) Green Bay, WI. All waters of the Fox River in WI from Main Street FireworksCelebration Holiday (52) ...... Kewaunee, WI. All waters of Kewaunee Harbor and Lake Michigan within the arc a (53) Independence Day Fireworks ...... Wilmette, IL. All waters of Lake Michigan and the North Shore Channel within ar FireworksNeenah (54) ...... Neenah, WI. All waters of Lake Winnebago within a 700-foot radius an app

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2 date: The first Saturday of August; 9 a.m. to 4 p.m. p.m. to 11 second weekend of August; 9 p.m. to 11 Third weekend in July 8 a.m. to 5 p.m. The first Sunday of August; 9 a.m. to 4 p.m. Rain August 18 thru 21; 8:30 a.m. to 5 p.m. The second Saturday of August; 9 p.m. to 11 First weekend of August; 9 p.m. to 11 August 3; 9 p.m. to 11 The first Saturday of August; 8:30 p.m. to 10:30 The first Saturday of August; 9 p.m. to 11 The first Sunday of August; 9 p.m. to 11 Saturday following the second Thursday of August; 9 Saturday of the last complete weekend July or

′ - N, N, N, N, N, W; thin ′ rom ′ ′ ′ ′ W. ′ ′ 55.900 W, then ° ′ 06.447 04.451 20.483 52.880 28.917 44.063 ° ° ° ° ° ° 51.900 ° a circle with 51.293 ° N, 087 W, then southwest- N, 087 ′ ′ ′ W; then southwest to ′ N, 086 ′ 02.455 36.000 ° 23.117 ° ° 51.445 ° 44.808 ° N, 087 ′ W; then northeast to 43 N, 087 Enforcement date and time ′ ′ 1 W; then southwest to 41 W. ′ ′ N at the shoreline, then east to 41 54.000 ′ ° 52.061 04.738 ° ° 165.929—Continued 51.757 14.247 ° ° 55.900 (f) August Safety Zones ° N, 087 ABLE ′ T N, 086 W; then northeast to 41 N, 086 W; then returning to the point of origin. W. W. W. ′ ′ ′ ′ ′ ′ ′ 02.230 ° 03.907 54.550 ° 52.772 21.447 30.717 26.633 ° 45.195 ° ° ° ° ° W, then southeast to 41 ′ W; then northwest to 43 W; then southeast returning to the point of origin. W. W. W. N, 086 ′ ′ ′ ′ ′ N, 087 N, 087 N, 087 N, 086 ′ ′ ′ ′ ′ 37.200 ° 54.873 50.503 47.933 35.991 51.333 ° ° ° ° ° 02.848 43.655 49.297 41.883 46.942 ° ° ° ° ° 43 086 087 ward to the northeast corner of Jardine Water Filtration Plant, then due west the shore. northwest to 41 N, 087 then southeast to 43 087 41 087 the arc of a circle with 1,000-foot radius from center position at 45 300-foot radius from the fireworks launch site located in position 41 ford Beach located within an area that is approximately 5,000 yards by 1,500 yards. The area will be bounded by the points beginning at 43 vicinity of the WE Energies coal dock, within arc a circle with 1,000-foot radius from the fireworks launch site located in position 43 foot radius from the fireworks launch site located on west bank of Grand River in position 43 radius from the fireworks launch site located on a barge in approximate position 44 circle with a 1,000-foot radius from the fireworks launch site located in position 41 foot radius from the fireworks launch site located in position 42 088 bounded by a line drawn from 41 a circle with 1,000-foot radius from the fireworks launch site located in position 43 Port Washington, WI. All waters of Washington Harbor and Lake Michigan, in the Grand Haven, MI. All waters of the River within arc a circle with an 800- Sturgeon Bay, WI. All waters of Bay within the arc a circle with 500-foot Hammond, IN. All waters of Hammond Marina and Lake Michigan within the arc a Winthrop Harbor, IL. All waters of Lake Michigan within the arc a circle with 1,000- Event Location Festival Fireworks. Fireworks. the Bay Fireworks. works. Fireworks. (55) Milwaukee Air and Water ShowWater and Air Milwaukee (55) ...... Milwaukee, WI. All waters of Lake Michigan in the vicinity McKinley Park and Brad PrixGrand Boat Super ...... (1) Michigan City, IN. All waters of Lake bounded by a rectangle drawn f (2) Port Washington Maritime Heritage (3) Grand Haven Coast Guard Festival (4) Sturgeon Bay Yacht Club Evening on (5) Hammond Marina Venetian Night Fire- (6) North Point Marina Venetian Festival FireworksFestival Waterfront (7) ...... Menominee, MI. All waters of Green Bay, in the vicinity Menominee Marina, wi FireworksRiverfest Ottawa (8) ...... Ottawa, IL. All waters of the Illinois River, at mile 239.7, within arc ShowWater and Air Chicago ...... (9) Chicago, IL. All waters and adjacent shoreline of Lake Michigan Chicago Harbor (10) Pentwater Homecoming Fireworks ..... Pentwater, MI. All waters of Lake Michigan and the Pentwater Channel within arc

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′ ′ ′ ′ N, N, N, N, N, N, N, ne ′ ′ ′ ′ ′ innic ″ ″ icago 11.585 35.433 N. 05.725 53.770 ° ° ° ° ′ vessel in 1.524 ed by co- 53.367 ° 06.402 ° 53.400 06.188 31.908 9.2184 ° ′ ° ° ′ 1 2 ° ° a 900-foot ra- N, 087 02.366 ° ′ W and 45 ′ W. ′ 53.617 ° 36.281 ° 41.850 W; then north to 41 W; then back to point of ori- ° ′ ′ N, 087 W; then west to 41 W; and then south to 41 N, 087 ′ 36.587 35.917 ′ ′ ′ W. ° ° ′ W. ′ 05.881 ° 35.815 44.917 35.433 N, 087 N, 087 ° ° ° 07.392 ′ ′ ° W; then along Veterans Park shoreline to 54.0751 ′ ° N, 087 N, 087 53.617 53.363 ′ N, 087 ° ° (g) September Safety Zones ′ ′ 52.966 N, 087 ° W then south on the Milwaukee River to 43 ′ W. W. ′ 53.771 ′ ′ ° 11.585 53.400 ° ° N, 087 0.8291 ° ′ 44.817 25.900 53.683; then to the Milwaukee Art Museum at 043 54.2673 ° ° ° ° W, and returning to the starting point. W, going North under the I–794 overpass to 43 W; then east back to the point of origin. W. W. ″ ′ ′ ′ ″ W, then south on the Kinnickinnic River and ending in Municipal W; then west to 41 W; then north to 41 W, then approximately .95 NM southeast to a line crossing the river per- W. 02.066 ′ ′ ′ ′ ′ N, 086 N, 087 N, 087 ° N, 087 ′ ′ ′ ′ 36.601 36.385 07.392 ° ° ° 35.8128 10.900 ′ ′ 35.814 35.917 37.583 43.115 54.173 ° ° ° ° ° 54 48.150 36.400 02.483 3.284 54 ° ° ° ° ° ° N, 087 N, 087 gin. pendicularly passing through positions 45 87 Mooring Basin at 43 087 087 N, 087 087 087 087 W; then south to 41 approximate position 45 Corporation, from the Bridge Street located in position 45 Harbor break wall bounded by coordinates beginning at 41 a circle with 800-foot radius from the fireworks launch site located in position 41 dius from a center point barge located in approximate position 42 with a 1,000-foot radius from the fireworks launch site located in center position of 44 ordinates beginning at 41 rina at 43 43 waukee River and Kinnickinnic convergence, starting at 43 the south pier in Sheboygan Wisconsin, within a 500-foot radius from fireworks launch site located on land in position 43 River including the Municipal Mooring Basin beginning at Milwaukee 43 87 New Buffalo, MI. All waters of Lake Michigan and Buffalo Harbor within the arc Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor, in the vicinity works. works Display. (11) Chicago Match Cup RaceCup Match Chicago (11) ...... Chicago, IL. All waters of Chicago Harbor in the vicinity Navy Pier and Ch (12) New Buffalo Ship and Shore Fire- MarineMarinette at Operations ...... (13) Marinette, WI. All waters of the Menominee River in vicinity Marinette Mari DisplayFireworks (14) ...... Winnetka, IL. All waters of Lake Michigan within the arc a circle with FireworksDays Shanty Algoma (15) ...... Algoma, WI. All waters of Lake Michigan and Algoma Harbor within the arc a circle ParadeNight Venetian (16) ...... Chicago, IL. All waters of Lake Michigan, in the vicinity Navy Pier, bound ParadeBoat Venetian Milwaukee (17) ...... Milwaukee, WI. All waters of Lake Michigan within Milwaukee Bay from McKinley Ma- SwimWater Open Milwaukee (18) ...... Milwaukee, WI. All waters on Lake Michigan in the Milwaukee River, between Mil- (1) ISAF Nations Cup Grand Final Fire- ShowSki Marinafest Bay Sister (2) ...... Sister Bay, WI. All waters of Bay within an 800-foot radius position 45 (3) Sister Bay Marinafest Fireworks ...... Sister Bay, WI. All waters of Bay within an 800-foot radius the launch ParadeBoat Harborfest (4) ...... Milwaukee, WI. All waters of Lake Michigan within Milwaukee River and Kinnick

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2 nation of display. The third Thursday of November; 6 p.m. to 8 The first Saturday of October; 8:15 p.m. to 9:15 The third weekend in November; sunset to termi- December 31; 11 p.m. to January 1 at a.m.

arc o change. circle pproximate W. ′ 54.749 ° W. ′ N, 087 Enforcement date and time ′ 1 W. ′ W. 37.400 ′ ° 02.559 ° 165.929—Continued 25.101 ° (h) October Safety Zones 36.617 N, 087 (j) December Safety Zones (i) November Safety Zones ° ′ ABLE N, 088 T ′ N, 087 53.350 ′ ° 21.173 ° 52.683 ° Bridge within the arc of a circle with 300-foot radius from center point fireworks launch site in approximate position 43 launch position at 41 of the circle with a 210-foot radius from fireworks launch site its center in approximate position of 41 with a 1,000-foot radius from the fireworks launch site located on barge in approximate position 41 Event Location All coordinates listed in Table 165.929 reference Datum NAD 1983. As noted in paragraph (a)(3) of this section, the enforcement dates and times for each listed safety zones are subject t 1 2 (1) Corn Festival FireworksFestival Corn ...... (1) Morris, IL. All waters of the Illinois River within a 560-foot radius from FireworksMilwaukee ...... Downtown (1) Milwaukee, WI. All waters of the Milwaukee River in vicinity State Street DisplayFireworks Mile Magnificent (2) ...... Chicago, IL. All waters and adjacent shoreline of the Chicago River bounded by FireworksEve Year’s New (1) ...... Chicago, IL. All waters of Monroe Harbor and Lake Michigan within the arc a

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[USCG–2018–0082, 83 FR 32584, July 13, 2018] waters of the Calumet-Saganashkee Channel between mile marker 333.0 and § 165.930 Safety Zone, Brandon Road Lake Michigan (Calumet Harbor). Lock and Dam to Lake Michigan including 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 290.0 (point at which the Chicago Sani- Sector Lake Michigan. Suspension of tary and Ship Canal connects to the any previously announced period of en- Des Plaines River) and mile marker forcement will also be provided by the 321.8 (point at which the Chicago Sani- Captain of the Port, Sector Lake tary and Ship Canal Connects to the Michigan. All notices of enforcement South Branch Chicago River). and notices of suspension of enforce- (3) South Branch Chicago River. All ment will clearly describe any seg- U.S. waters of the South Branch Chi- ments of the safety zone affected by cago River between mile marker 321.8 the notice. At a minimum, notices of (point at which the South Branch Chi- enforcement and notices of suspension cago River connects to the Chicago of enforcement will identify any af- Sanitary and Ship Canal) and mile fected segments by reference to mile marker 325.6 (point at which the South markers. When possible, the Captain of Branch Chicago River connects to the the Port, Sector Lake Michigan, will Chicago River (Main Branch) and also identify enforced segments of this North Branch Chicago River). safety zone by referencing readily iden- (4) Chicago River (Main Branch). All tifiable geographical points. In addi- U.S. waters of the Chicago River (Main tion to providing the geographical Branch) between mile marker 325.6 bounds of any enforced segment of this (point at which the Chicago River con- safety zone, notices of enforcement nects to the South Branch Chicago will also provide the date(s) and River) and 100 yards extending past the time(s) at which enforcement will com- end of the Chicago River covering the mence or suspend. area of the Federal channel within Chi- (3) The Captain of the Port, Sector cago Harbor. (5) North Branch Chicago River. All Lake Michigan, will publish notices of U.S. waters of the North Branch Chi- enforcement and notices of suspension cago River between mile marker 325.6 of enforcement in accordance with 33 (point at which the North Branch Chi- CFR 165.7(a) and in a manner that pro- cago River connects to the Chicago vides as much notice to the public as River (Main Branch) and the South possible. The primary method of notifi- Branch Chicago River) and mile mark- cation will be through publication in er 331.4 (end of navigation channel). the FEDERAL REGISTER. The Captain of (6) Calumet-Saganashkee Channel. All the Port, Sector Lake Michigan, will U.S. waters of the Calumet- also provide notice through other Saganashkee Channel between mile means, such as Broadcast Notice to marker 303.5 (point at which the Cal- Mariners, local Notice to Mariners, umet-Saganashkee Channel connects local news media, distribution in leaf- to the Chicago Sanitary and Ship let form, and on-scene oral notice. Ad- Canal) and mile marker 333.0; all U.S. ditionally, the Captain of the Port,

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Sector Lake Michigan, may notify rep- in this section are advised that they do resentatives from the maritime indus- so at their own risk. try through telephonic and email noti- [USCG–2011–0228, 76 FR 35109, June 16, 2011] fications. (d) Regulations. (1) In accordance with § 165.931 Safety Zone, Chicago Harbor, the general regulations in § 165.23 of Navy Pier Southeast, Chicago, IL. this part, entry into, transiting, moor- (a) Location. The following area is a ing, laying up, or anchoring within any safety zone: The waters of Lake Michi- enforced segment of the safety zone is gan within Chicago Harbor bounded by prohibited unless authorized by the coordinates beginning at 41°53′23.3″ N, Captain of the Port, Sector Lake 087°36′04.5″ W; then south to 41°53′11.8″ Michigan, or his or her designated rep- N, 087°36′04.1″ W; then west to 41°53′12.1″ resentative. N, 087°35′40.5″ W; then north to (2) The ‘‘designated representative’’ 41°53′23.6″ N, 087°35′40.07″ W; then east of the Captain of the Port, Sector Lake back to the point of origin (NAD 83). 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 Port, Sector Lake Michigan, will be monitor a safety zone, permit entry aboard a Coast Guard, Coast Guard into the zone, give legally enforceable Auxiliary, or other designated vessel or orders to persons or vessels within the will be on shore and will communicate zone, and take other actions authorized with vessels via VHF radio, loudhailer, by the Captain of the Port. or by phone. The Captain of the Port, (2) Public vessel means vessels owned, Sector Lake Michigan, or his or her chartered, or operated by the United designated representative may be con- States, or by a State or political sub- tacted via VHF radio Channel 16 or the division thereof. (c) (1) In accordance with Coast Guard Sector Lake Michigan Regulations. the general regulations in 33 CFR Command Center at 414–747–7182. 165.23, entry into, transiting, or an- (3) To obtain permission to enter or choring within this safety zone is pro- operate within an enforced segment of hibited unless authorized by the Cap- the safety zone established by this sec- tain of the Port, Lake Michigan, or his tion, Vessel operators must contact the designated representative. Captain of the Port, Sector Lake (2) This safety zone is closed to all Michigan, or his or her designated rep- vessel traffic, excepted as may be per- resentative. Vessel operators given permitted by the Captain of the Port, mission to operate in an enforced seg- Lake Michigan or his designated rep- ment of the safety zone must comply resentative. All persons and vessels with all directions given to them by must comply with the instructions of the Captain of the Port, Sector Lake the Coast Guard Captain of the Port or Michigan, or his or her designated rep- his designated representative. Upon resentative. being hailed by the U.S. Coast Guard (4) When a segment of the safety zone by siren, radio, flashing light or other is being enforced, it will be closed to means, the operator of a vessel shall all vessel traffic, except as may be per- proceed as directed. mitted by the Captain of the Port, Sec- (3) All vessels must obtain permis- tor Lake Michigan, or his or her des- sion from the Captain of the Port or ignated representative. As soon as op- his designated representative to enter, erations permit, the Captain of the move within, or exit the safety zone es- Port, Sector Lake Michigan, will issue tablished in this section when this a notice of suspension of enforcement safety zone is enforced. Vessels and as specified in paragraph (c) of this sec- persons granted permission to enter tion. the safety zone must obey all lawful or- (5) All persons entering any enforced ders or directions of the Captain of the segment of the safety zone established Port or a designated representative.

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(d) Notice of enforcement or suspension vide notice through other means, such of enforcement. The safety zone estab- as Broadcast Notice to Mariners, Local lished by this section will be enforced Notice to Mariners, local news media, only upon notice of the Captain of the distribution in leaflet form, and on- Port. The Captain of the Port will scene oral notice. cause notice of enforcement of the (c) Regulations. (1) In accordance with safety zone established by this section the general regulations in § 165.23 of to be made by all appropriate means to this part, entry into, transiting, or an- the affected segments of the public in- choring within this safety zone is pro- cluding publication in the FEDERAL hibited unless authorized by the Cap- REGISTER as practicable, in accordance tain of the Port, Lake Michigan or a with 33 CFR 165.7(a). Such means of no- designated on-scene representative. tification may also include, but are not (2) This safety zone is closed to all limited to Broadcast Notice to Mari- vessel traffic, except as may be per- ners or Local Notice to Mariners. mitted by the Captain of the Port, (e) Exemption. Public vessels, as de- Lake Michigan or a designated on- fined in paragraph (b) of this section, scene representative. are exempt from the requirements in (3) The ‘‘on-scene representative’’ of this section. the Captain of the Port, Lake Michigan (f) Waiver. For any vessel, the Cap- is any Coast Guard commissioned, war- tain of the Port Lake Michigan or his rant or petty officer who has been des- designated representative may waive ignated by the Captain of the Port, any of the requirements of this section, Lake Michigan to act on his or her be- upon finding that operational condi- half. tions or other circumstances are such (4) Vessel operators desiring to enter that application of this section is un- or operate within the safety zone shall necessary or impractical for the pur- contact the Captain of the Port, Lake poses of public or environmental safe- Michigan or an on-scene representative ty. to obtain permission to do so. The Cap- [USCG–2013–0320, 78 FR 42867, July 18, 2013, as tain of the Port, Lake Michigan or an amended by USCG–2018–0713, 84 FR 7292, Mar. on-scene representative may be con- 4, 2019; 84 FR 16214, Apr. 18, 2019] tacted via VHF Channel 16 or at (414) 747–7182. § 165.932 Safety Zone; Ohio Street Beach Swim Course, Lake Michi- [USCG–2017–1066, 83 FR 23224, May 18, 2018] gan, Chicago Harbor, Chicago, IL. (a) Location. All U.S. navigable § 165.933 Safety Zone, Chicago Harbor, Navy Pier East, Chicago, IL. waters of Lake Michigan bound by a line drawn from 41°53.7767′ N, 087°36.48′ (a) Location. The following area is a W then North to 41°53.9517′ N, 087°36.505′ safety zone: The waters of Lake Michi- W then Northwest to 41°54.1533′ N, gan within Chicago Harbor between the 087°36.6933′ W then Southwest to east end of Navy Pier and the Chicago 41°54.065′ N, 087°37.1517′ W then South- Harbor breakwater beginning at east to 41°53.6033′ N, 087°36.8333′ W then 41°53′37″ N, 087°35′26″ W; then south to East to 41°53.6317′ N, 087°36.7017′ W and 41°53′24″ N, 087°35′26″ W; then east to then along the shoreline back to the 41°53′24″ N, 087°35′55″ W; then north to point of origin (NAD83). 41°53′37″ N, 087°35′55″ W; then back to (b) Enforcement period. The safety the point of origin. zone established by this section will be (b) Definitions. The following defini- enforced only upon notice by the Cap- tions apply to this section: tain of the Port, Lake Michigan. The (1) Designated representative means Captain of the Port, Lake Michigan any Coast Guard commissioned, war- will publish notices of enforcement in rant, or petty officer designated by the accordance with 33 CFR 165.7(a) and in Captain of the Port Lake Michigan to a manner that provides as much notice monitor this safety zone, permit entry as possible. The primary method of no- into this zone, give legally enforceable tification will be through publication orders to persons or vessels within this to the Federal Register. The Captain of zones and take other actions author- the Port, Lake Michigan, may also pro- ized by the Captain of the Port.

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

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(d) Notice of Enforcement or Suspension contact the Captain of the Port Buffalo of Enforcement. The safety zone estab- or his on-scene representative to ob- lished by this section will be enforced tain permission to do so. The Captain only upon notice of the Captain of the of the Port Buffalo or his on-scene rep- Port. The Captain of the Port will resentative may be contacted via VHF cause notice of enforcement of the Channel 16. Vessel operators given per- safety zone established by this section mission to enter or operate in the safe- to be made by all appropriate means to ty zone must comply with all direc- the affected segments of the public in- tions given to them by the Captain of cluding publication in the FEDERAL the Port Buffalo, or his on-scene rep- REGISTER as practicable, in accordance resentative. with 33 CFR 165.7(a). Such means of no- (5) The enforcement dates and times tification may also include, but are not for each of the safety zones listed in limited to Broadcast Notice to Mari- Table 165.939 are subject to change, but ners or Local Notice to Mariners. The the duration of enforcement would re- Captain of the Port will issue a Broad- main the same or nearly the same total cast Notice to Mariners notifying the number of hours as stated in the table. public when enforcement of the safety In the event of a change, the Captain of zone established by this section is sus- the Port Buffalo will provide notice to pended. the public by publishing a Notice of (e) Exemption. Public vessels as de- Enforcement in the FEDERAL REGISTER, fined in paragraph (b) of this section as well as, issuing a Broadcast Notice are exempt from the requirements in to Mariners. this section. (b) Definitions. The following defini- (f) Waiver. For any vessel, the Cap- tions apply to this section: tain of the Port Lake Michigan or a (1) Designated representative means designated representative may waive any Coast Guard commissioned, war- any of the requirements of this section, rant, or petty officers designated by upon finding that operational condi- the Captain of the Port Buffalo to mon- tions or other circumstances are such itor a safety zone, permit entry into a that application of this section is un- safety zone, give legally enforceable or- necessary or impractical for the pur- ders to persons or vessels within a safe- poses of safety or environmental safety zone, and take other actions author- ty. ized by the Captain of the Port Buffalo. [CGD09–07–008, 72 FR 32523, June 13, 2007] (2) Public vessel means a vessel that is owned, chartered, or operated by the § 165.939 Safety Zones; Annual Events United States, or by a State or polit- in the Captain of the Port Buffalo ical subdivision thereof. Zone. (3) Rain date refers to an alternate (a) Regulations. (1) In accordance with date and/or time in which the safety the general regulations in § 165.23 of zone would be enforced in the event of this part, entry into, transiting, or an- inclement weather. choring within this safety zone is pro- (c) Suspension of enforcement. The hibited unless authorized by the Cap- Captain of the Port Buffalo may sus- tain of the Port Buffalo or his des- pend enforcement of any of these zones ignated on-scene representative. earlier than listed in this section. (2) These safety zones are closed to Should the Captain of the Port suspend all vessel traffic, except as may be per- any of these zones earlier than the list- mitted by the Captain of the Port Buf- ed duration in this section, he or she falo or his designated on-scene rep- may make the public aware of this sus- resentative. pension by Broadcast Notice to Mari- (3) The ‘‘on-scene representative’’ of ners and/or on-scene notice by his or the Captain of the Port Buffalo is any her designated representative. Coast Guard commissioned, warrant or (d) Exemption. Public vessels, as de- petty officer who has been designated fined in paragraph (b) of this section, by the Captain of the Port Buffalo to are exempt from the requirements in act on his behalf. this section. (4) Vessel operators desiring to enter (e) Waiver. For any vessel, the Cap- or operate within the safety zone must tain of the Port Buffalo or his or her

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designated representative may waive that application of this section is un- any of the requirements of this section necessary or impractical for the pur- upon finding that operational condi- poses of safety or security. tions or other circumstances are such

TABLE 165.939

Event Location 1 Enforcement date and time 2

(a) June Safety Zones

(1) Festival of the Fish ...... Vermillion, OH. All U.S. waters within a 420 foot radius of the The 3rd Saturday in June. fireworks launch site located at position 41°25′45″ N and 082°21′54″ W, (NAD 83). (2) City of Syracuse Fireworks Syracuse, NY. All U.S. waters of Onondaga Lake within a 350 The last weekend of June. Celebration. foot radius of land position 43°03′37.0″ N, 076°09′59.0″ W in Syracuse, NY. (3) Rochester Harbor and Car- Rochester, NY. All U.S. waters of Lake Ontario within a 1,120 The 4th Monday of June. ousel Festival. foot radius of land position 43°15′40.2″ N, 077°36′05.1″ W in Rochester, NY. (4) Seneca River Days ...... Baldwinsville, NY. All U.S. waters of the Seneca River within an The 2nd weekend of June. 840 foot radius of land position 43°09′25.0″ N, 076°20′21.0″ W in Baldwinsville, NY. (5) Flagship Niagara Mariner’s Erie, PA. All waters of Presque Isle Bay, Erie, PA within a 350- The 1st weekend in June. Ball Fireworks. foot radius from the launch site located at position 42°08′22.5″ N, 080°05′15.6″ W. (6) Hope Chest Buffalo Niag- Buffalo, NY. All waters of the Buffalo River, Buffalo, NY starting The 3rd weekend in June. ara Dragon Boat Festival. at position 42°52′12.0″ N, 078°52′17.0″ W then Southeast to 42°52′03.0″ N, 078°52′12.0″ W then East to 42°52′03.0″ N, 078°52′10.0″ W then Northwest to 42°52′13.0″ N, 078°52′16.0″ W and then returning to the point of origin. (7) Blazing Paddles ...... Cleveland, OH. All waters of the Cuyahoga River in Cleveland On or around the 3rd week- OH, beginning at position 41°29′36″ N, 081°42′13″ W to the end of June. turnaround point at position 41°27′53″ N,081°40′38″ W. (8) Boaters Against Cancer Kendall, NY. All waters of Lake Ontario contained within a 210 On or around the last week- Fireworks. foot radius of the fireworks launch site located at end of June. 43°22′02.04″ N, 078°01′48.06″ W in Kendall, NY.

(b) July Safety Zones

(1) Cleveland Triathlon ...... Cleveland, OH. All U.S. waters of Lake Erie at North Coast The 4th or 5th Sunday in Harbor, Cleveland, OH within 100 feet of a line starting at po- July. sition 41°30′34.6″ N and 081°41′51.3″ W extending in a straight line to the East Basin Breakwall at position 41°30′51.8″ N and 081°42′08.5″ W. (2) Roverfest Fireworks Dis- Cleveland, OH. All U.S. waters of Lake Erie, Cleveland, OH The 2nd or 3rd weekend in play. within a 280 foot radius from position 41°30′34.23″ N and July. 081°08′55.73″ W. (3) High Speed Boat Races ... Fairport, OH. All U.S. waters of Lake Erie, off of Headlands The 3rd weekend in July. Beach State Park, Fairport, OH inside an area starting on shore at position 41°44′33″ N, 081°19′14″ W extending NW in a straight line to position 41°45′00″ N, 081°19′35″ W, then NE in a straight line to position 41°45′59″ N, 081°17′30″ W, and SE back to the shore at position 41°45′43″ N, 081°17′08″ W. (4) Downtown Cleveland Alli- Cleveland, OH. All U.S. waters of Lake Erie and Cleveland Har- On or around the 4th of July. ance July 4th Fireworks. bor within a 1,000-foot radius of land position 41°30′10″ N, 081°42′36″ W (NAD 83) at Dock 20. (5) Mentor Harbor Yacht Club Mentor, OH. All U.S. waters of Lake Erie and Mentor Harbor On or around the 4th of July. Fireworks. within a 700 foot radius of land position 41°43′36″ N, 081°21′09″ W. (6) Parade of Lights ...... Cleveland, OH. All U.S. waters within 25 feet of the vessels The 3rd or 4th weekend in participating in the Cleveland Parade of Lights in the Cuya- July. hoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41°29′59″ N, 081°43′31″ W, to Merwin’s Wharf in the vicinity of 41°29′23″ N, 081°42′16″ W, and returning to the mouth of the Old River at 41°29′55″ N, 081°42′18″ W. (7) Lorain Independence Day Lorain, OH. All U.S. waters within a 700 foot radius of the fire- On or around the 4th of July. Celebration. works launch site located at position 41°28′35.42″ N and 082°10′51.28″ W. (8) Conneaut Festival ...... Conneaut, OH. All U.S. waters within a 570 foot radius of the On or around the 4th of July. fireworks launch site located at position 41°58′00.43″ N and 080°33′34.93″ W.

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TABLE 165.939—Continued

Event Location 1 Enforcement date and time 2

(9) Fairport Harbor Mardi Gras Fairport, OH. All U.S. waters within a 275 foot radius of the fire- On or around the 4th of July. works launch site located at position 41°45′29.55″ N and 081°16′19.97″ W. (10) Sheffield Lake Commu- Sheffield Lake, OH. All U.S. waters of Lake Erie and Sheffield The 2nd weekend in July. nity Days. Lake Boat ramp within a 350 foot radius of land position 41°29′27.65″ N, 082°6′47.71″ W. (11) Bay Village Independ- Bay Village, OH. All U.S. waters within a 560 foot radius of the On or around the 4th of July. ence Day Celebration. fireworks launch site located at position 41°29′23.9″ N and 081°55′44.5″ W. (12) Lake Erie Open Water Cleveland, OH. All U.S. waters of Lake Erie, south of a line The 2nd or 3rd weekend in Swim. drawn between positions 41°29′30″ N, 081°44′21″ W and July. 41°29′21″ N, 081°45′04″ W to the shore. (13) Boldt Castle 4th of July Heart Island, NY. All U.S. waters of the Saint Lawrence River On or around the 4th of July. Fireworks. within a 1,120 foot radius of land position 44°20′38.5″ N, 075°55′19.1″ W at Heart Island, NY. (14) Clayton Chamber of Calumet Island, NY. All U.S. waters of the Saint Lawrence On or around the 4th of July. Commerce Fireworks. River within an 840 foot radius of land position 44°15′04.0″ N, 076°05′40″ W at Calumet Island, NY. (15) French Festival Fireworks Cape Vincent, NY. All U.S. waters of the Saint Lawrence River The 2nd weekend of July. within an 840 foot radius of land position 44°07′54.6.0″ N, 076°20′01.3″ W in Cape Vincent, NY. (16) Lyme Community Days ... Chaumont, NY. All U.S. waters of Chaumont Bay within a 560 The 4th weekend of July. foot radius of land position 44°04′06.3″ N, 076°08′56.8″ W in Chaumont, NY. (17) Village Fireworks ...... Sackets Harbor, NY. All U.S. waters of Black River Bay within On or around the 4th of July. an 840 foot radius of land position 43°56′51.9″ N, 076°07′46.9″ W in Sackets Harbor, NY. (18) Can-Am Festival ...... Sackets Harbor, NY. All U.S. waters of Black River Bay within a The 3rd weekend of July. 1,120 foot radius of land position 43°57′15.9″ N, 076°06′39.2″ W in Sackets Harbor, NY. (19) Brewerton Fireworks ...... Brewerton, NY. All U.S. waters of Lake Oneida within an 840 On or around the 4th of July. foot radius of the barge at position 43°14′16.4″ N, 076°08′03.6″ W in Brewerton, NY. (20) Celebrate Baldwinsville Baldwinsville, NY. All U.S. waters of the Seneca River within a The 1st weekend of July. Fireworks. 700 foot radius of land position 43°09′24.9″ N, 076°20′18.9″ W in Baldwinsville, NY. (21) Island Festival Fireworks Baldwinsville, NY. All U.S. waters of the Seneca River within a The 1st weekend of July. 1,120 foot radius of land position 43°09′22.0″ N, 076°20′15.0″ W in Baldwinsville, NY. (22) Village Fireworks ...... Sodus Point, NY. All U.S. waters of Sodus Bay within a 1,120 On or around the 4th of July. foot radius of land position 43°16′28.7″ N, 076°58′27.5″ W in Sodus Point, NY. (23) A Salute to our Heroes ... Hamlin Beach State Park, NY. All U.S. waters of Lake Ontario The 1st weekend in July. within a 560 foot radius of land position 43°21′51.9″ N, 077°56′59.6″ W in Hamlin, NY. (24) Olcott Fireworks ...... Olcott, NY. All U.S. waters of Lake Ontario within a 1,120 foot On or around the 4th of July. radius of land position 43°20′23.6″ N, 078°43′09.5″ W in Olcott, NY. (25) North Tonawanda Fire- North Tonawanda, NY. All U.S. waters of the East Niagara On or around the 4th of July. works. River within a 1,400 foot radius of land position 43°01′39.6″ N, 078°53′07.5″ W in North Tonawanda, NY. (26) Tonawanda’s Canal Fest Tonawanda, NY. All U.S. waters of the East Niagara River with- The 4th Sunday of July. Fireworks. in a 210 foot radius of land position 43°01′17.8″ N, 078°52′40.9″ W in Tonawanda, NY. (27) Tom Graves Memorial Port Bay, NY. All waters of Port Bay, NY, within a 840 foot ra- On or around the 3rd of July. Fireworks. dius of the barge located in position 43°17′52.4″ N, 076°49′55.7″ W in Port Bay, NY. (28) Oswego Harborfest, Oswego, NY. All waters of Oswego Harbor, Oswego, NY con- The last week of July. Oswego, NY. tained within a 700 foot radius of position 43°28′06.9″ N, 076°31′08.1″ W along with a 350 foot radius of the breakwall between positions 43°27′53.0″ N, 076°31′25.3″ W then North- east to 43°27′58.6″ N, 076°31′12.1″ W. (29) Oswego Independence Oswego, NY. All waters of Lake Ontario, Oswego, NY within a On or around the 4th of July. Day Celebration Fireworks. 490-foot radius from the launch site located at position 43°27′55.8″ N, 076°30′59.0″ W. (30) Wine and Walleye Fes- Ashtabula, OH. All waters within a 280 foot radius of the fire- On or around the last week- tival Fireworks. works launch site located at position 41°54′06″ N, 080°47′49″ end of July. W, Ashtabula, OH. (31) City of Erie 4th of July Erie, PA. All waters of Lake Erie contained within a 280 foot ra- On or around the 4th of July. Fireworks. dius of the fireworks launch site located at 42°08′17.13″ N, 080°05′30.17″ W in Erie, PA.

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TABLE 165.939—Continued

Event Location 1 Enforcement date and time 2

(32) Buffalo Italian Fest ...... Buffalo, NY. All waters of Lake Erie contained within a 420 foot On or around 2nd or 3rd radius of 42°52′04.23″ N, 078°53′00.67″ W in Buffalo, NY. weekend of July. (33) Hamburg Beach Blast ..... Hamburg, NY. All waters of Lake Erie contained within a 280 On or around the last week- foot radius of 42°45′59.21″ N, 078°52′41.51″ W in Hamburg, end of July. NY.

(1) Whiskey Island Paddlefest Cleveland, OH. All U.S. waters of Lake Erie; Cleveland Harbor, The 3rd or 4th weekend in from 41°29′59.5″ N and 081°42′59.3″ W to 41°30′4.4″ N and August. 081°42′44.5″ W to 41°30′17.3″ N and 081°43′0.6″ W to 41°30′9.4″ N and 081°43′2.0″ W to 41°29′54.9″ N and 081°43′34.4″ W to 41°30′0.1″ N and 081°43′3.1″ W and back to 41°29′59.5″ N and 081°42′59.3″ W (NAD 83). (2) D-Day Conneaut ...... Conneaut, OH. All U.S. waters of Conneaut Township Park, The 3rd weekend in August. Lake Erie, within an area starting at 41°57.71′ N, 080°34.18′ W, to 41°58.36′ N, 080°34.17′ W, then to 41°58.53′ N, 080°33.55′ W, to 41°58.03′ N, 080°33.72′ W (NAD 83), and returning to the point of origin. (3) Celebrate Erie Fireworks .. Erie, PA. All U.S. waters of Presque Isle Bay within an 800 foot The 3rd weekend of August. radius of land position 42°08′19.0″ N, 080°05′29.0″ W in Erie, PA. (4) Thunder on the Niagara North Tonawanda, NY. All U.S. waters of the Niagara River The 2nd weekend of August. Hydroplane Boat Races. near the North Grand Island Bridge, encompassed by a line starting at 43°03′32.9″ N, 078°54′46.9″ W to 43°03′14.6″ N, 078°55′16.0″ W then to 43°02′39.7″ N, 078°54′13.1″ W then to 43°02′59.9″ N, 078°53′42.0″ W and returning to the point of origin. (5) Ski Show Sylvan Beach .... Sylvan Beach, NY. All waters where Fish Creek meets Oneida On or around the 2nd or 3rd Lake starting at position 43°11′36.6″ N, 75°43′53.8″ W then weekend of August. South to 43°11′33.7″ N, 75°43′51.2″ W then East to 43°11′42.4″ N, 75°43′38.6″ W then North to 43°11′44.5″ N, 75°43′39.7″ W then returning to the point of origin. (6) Great Lakes Offshore Dunkirk, NY. All waters of Lake Erie starting at position On or around the 2nd or 3rd Grand Prix. 42°29′37.7″ N, 079°21′17.7″ W then Northwest to weekend of August. 42°29′45.2″ N, 079°21′28.2″ W then Northeast to 42°30′15.0″ N, 079°21′20.0″ W then Northeast to 42°30′39.0″ N, 079°19′46.0″ W then Southeast to 42°30′09.3″ N, 079°19′03.1″ W.

(d) September Safety Zones

(1) Madison Light Up the Park Madison Township, OH. All U.S. waters of Lake Erie, within a The 1st weekend in Sep- 210 ft radius of position 41°50′17″ N and 081°02′51″ W (NAD tember. 83). (2) Cleveland National Air- Cleveland, OH. All U.S. waters of Lake Erie and Cleveland Har- The Wednesday before show. bor (near Burke Lakefront Airport) from position 41°30′20″ N Labor Day through Labor and 081°42′20″ W to 41°30′50″ N and 081°42′49″ W, to Day. 41°32′09″ N and 081°39′49″ W, to 41°31′53″ N and 081°39′24″ W, then return to the original position (NAD 83). (3) Head of the Cuyahoga ...... Cleveland, OH. All U.S. waters of the Cuyahoga River, between The 3rd weekend in Sep- a line drawn perpendicular to the river banks from position tember. 41°29′55″ N, 081°42′23″ W (NAD 83) just past the Detroit- Superior Viaduct bridge at MM 1.42 of the Cuyahoga River south to a line drawn perpendicular to the river banks at position 41°28′32″ N, 081°40′16″ W (NAD 83) just south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga River. 1 All coordinates listed in Table 165.929 reference Datum NAD 1983. 2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change, and will be published in a Notice of Enforcement prior to the event.

[USCG–2017–1112, 83 FR 25572, June 4, 2018, as § 165.941 Safety Zones; Annual Events amended by USCG–2019–0121, 84 FR 25994, in the Captain of the Port Detroit June 5, 2019] Zone. (a) Regulations. The following regulations apply to the safety zones listed in Table 1 to § 165.941 of this section,

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coordinates listed in table are North (1) Designated or on scene represent- American Datum of 1983 (NAD 83). ative means any Coast Guard commis- (1) In accordance with the general sioned, warrant, or petty officers des- regulations in § 165.23 of this part, ignated by the Captain of the Port De- entry into, transiting, or anchoring troit to monitor a safety zone, permit within any of the safety zones listed in entry into a safety zone, give legally this section is prohibited unless au- enforceable orders to persons or vessels thorized by the Captain of the Port De- within a safety zone, and take other troit or a designated representative. actions authorized by the Captain of (2) These safety zones are closed to the Port Detroit. all vessel traffic, except as may be per- (2) Public vessel means a vessel that mitted by the Captain of the Port De- is owned, chartered, or operated by the troit or his designated on-scene rep- United States, or by a State or polit- resentative. ical subdivision thereof. (3) Rain date refers to an alternate (3) Vessel operators desiring to enter date and/or time in which the safety or operate within the safety zone must zone would be enforced in the event of contact the Captain of the Port Detroit inclement weather. or an on-scene representative to obtain (c) Suspension of enforcement. The permission to do so. The Captain of the Captain of the Port Detroit may sus- Port Detroit or an on-scene representa- pend enforcement of any of these zones tive may be contacted via VHF Chan- earlier than listed in this section. nel 16. Vessel operators given permis- Should the Captain of the Port suspend sion to enter or operate in the safety any of these zones earlier than the list- zone must comply with all directions ed duration in this section, he or she given to them by the Captain of the may make the public aware of this sus- Port Detroit, or an on-scene represent- pension by Broadcast Notice to Mari- ative. ners and/or on-scene notice by a des- (4) The enforcement dates and times ignated representative. for each of the safety zones listed in (d) Exemption. Public vessels, as de- Table 1 to § 165.941 are subject to fined in paragraph (b) of this section, change, but the duration of enforce- are exempt from the requirements in ment would remain the same or nearly this section. the same total number of hours as stat- (e) Waiver. For any vessel, the Cap- ed in the table. In the event of a tain of the Port Detroit or a designated change, the Captain of the Port Detroit representative may waive any of the will provide notice to the public by requirements of this section upon find- publishing a Notice of Enforcement in ing that operational conditions or the FEDERAL REGISTER, as well as, other circumstances are such that ap- issuing a Broadcast Notice to Mariners. plication of this section is unnecessary (b) Definitions. The following defini- or impractical for the purposes of safe- tions apply to this section: ty or security.

TABLE 1 TO § 165.941 [COTP Zone Detroit]

Event Sector Detroit safety zones Date

(1) Shoreline Surrounding Belle All waters of the Detroit River near Belle Isle, bounded by a Three consecutive days be- Isle Auto Race Detroit, MI. line extending from a point of land on the southern shore of tween May 15 and June 15. Belle Isle located at the Dossin Museum at position 42°20.06′ N, 082°59.14′ W, to 50 yards offshore at position 42°20.04′ N, 082°59.13′ W, and continuing around the downstream (western) end of Belle Isle, maintaining a constant distance of 50 yards from the shoreline to position 42°20.25′ N, 083°00.04′ W, 50 yards NNW of the Lake Ta- coma outlet on the northern side of Belle Isle, before returning to a point on shore and terminating at position 42°20.23′ N; 083°00.03′ W. (2) Grosse Point War Memorial All waters of Lake St. Clair, within a 200-yard radius of the One evening in May. Red, White and Blue Gala fireworks launch site located on a barge offshore of Grosse Fireworks Grosse Pointe Pointe War Memorial at approximate position 42°23.13′ N, Farms, MI. 082°53.74′ W.

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TABLE 1 TO § 165.941—Continued [COTP Zone Detroit]

Event Sector Detroit safety zones Date

(3) Bay-Rama Fish Fly Festival All waters of Anchor Bay, Lake St. Clair, within a 300-yard ra- One evening in June. Fireworks New Baltimore, MI. dius of the fireworks launch site located on a barge offshore of New Baltimore City Park at approximate position 42°40.6′ N, 082°43.9′ W. (4) Sigma Gamma Fireworks All waters of Lake St. Clair, within a 200-yard radius of the One evening between June 15 Grosse Pointe Farms, MI. fireworks launch site located on a barge anchored offshore and July 15. of Ford’s Cove at position 42°27.2′ N, 082°51.9′ W. (5) River Days Airshow Detroit, All waters of the Detroit River between the following two lines Four consecutive days in June MI. extending from 70 feet off the bank to the US/Canadian de- or July. marcation line: the first line is drawn directly across the channel at position 42°19.444′ N, 083° 03.114′ W; the second line, to the north, is drawn directly across the channel at position 42°19.860′ N, 083°01.683′ W. (6) Detroit Fireworks Detroit, MI The following three areas are safety zones: (A) All U.S. Three consecutive days begin- waters of the Detroit River a 300-yard radius centered on a ning in June. point on shore adjacent to West Riverfront Park, Detroit, MI at position 42°19.38′ N, 083°03.43′ W. (B) The second safety zone area will encompass a portion of the Detroit River bounded on the South by the International Boundary line, on the West by 083°03′ W, on the North by the City of Detroit shoreline and on the East by 083°01′ W. (C) The third safety zone will encompass a portion of the Detroit River bounded on the South by the International Boundary line, on the West by the Ambassador Bridge, on the North by the City of Detroit shoreline, and on the East by the downstream end of Belle Isle. The Captain of the Port De- troit has determined that vessels below 65 feet in length may enter this zone. (7) Algonac Fireworks Algonac, All waters of the St. Clair River, within a 250-yard radius of Two consecutive evening be- MI. the fireworks launch site located on a barge anchored mid- tween June 15 and July 15. channel, off of Algonac City Park at position 42°37.1′ N, 082°31.3′ W. (8) Bay City Festival, Bay City, All waters of the Saginaw River from the Veterans Memorial Three consecutive evenings MI. Bridge, Bay City, MI, located at position 43°35.9′ N, between June 15 and July 083°53.6′ W; south approximately 1100 yards to the River 15. Walk Pier, located at position 43°35.3′ N, 083°53.8′ W. (9) Caseville Fireworks All waters of Saginaw Bay, within a 200-yard radius of the One evening between June 15 Caseville, MI. fireworks launch site located at the end of the Caseville and July 15. break wall at position 43°56.86′ N, 083°17.1′ W. (10) Ecorse Fireworks Ecorse, All waters of the Detroit River, within a 200-yard radius of the One evening between June 15 MI. fireworks launch site located at the north end of the Tren- and July 15. ton Channel at position 42°14.53′ N, 083°08.48′ W. (11) Grosse Ile Fireworks All waters of the Detroit River within a 100-yard radius of the One evening between June 15 Grosse Ile, MI. fireworks launch site located on the outer pier of the and July 15. Grosse Ile Yacht Club at position 42°05.39′ N, 083°09.06′ W. (12) Grosse Pointe Farms Fire- All waters of Lake St. Clair, within a 200-yard radius of the One evening between June 15 works Grosse Pointe Farms, fireworks launch site located on shore at the southern point and July 15. MI. of a private park at position 42°23.84′ N, 082°53.25′ W. (13) Grosse Point Yacht Club All waters of Lake St. Clair within a 200-yard radius of the One evening between June 15 Fireworks Grosse Pointe fireworks launch site located on a barge offshore of the and July 15. Shores, MI. Grosse Pointe Yacht Club break wall at position 42°26.05′ N, 082°52.05′ W. (14) Harbor Beach Fireworks All waters of Lake Huron within a 200-yard radius of the fire- One evening in June or July. Harbor Beach, MI. works launch site located on shore at the end of the DTE Power Plant at position 43°50.77′ N, 082°38.63′ W. (15) Belle Maer Harbor Fire- All waters of Lake St. Clair within a 300-yard radius of the One evening between June 15 works Harrison Twp, MI. fireworks launch site located on a barge offshore of the and July 15. Belle Maer Harbor break wall at position 42°36.55′ N, 082°47.55′ W. (16) Harrisville Fireworks Har- All waters of Lake Huron within a 200-yard radius of the fire- One evening between June 15 risville, MI. works launch site located at the end of the Harrisville Har- and July 15. bor break wall at position 44°39.40′ N, 083°17.03′ W. (17) Lexington Fireworks Lex- All waters of Lake Huron within a 200-yard radius of the fire- One evening between June 15 ington, MI. works launch site located at the end of the Lexington break and July 15. wall at position 43°16.00′ N, 082°31.36′ W. (18) Oscoda Fireworks All waters of Lake Huron within a 200-yard radius of the fire- One evening between June 15 Oscoda, MI. works launch site located at the end of the Oscoda Beach and July 15. Park pier at position 44°25.27′ N, 083°19.48′ W.

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TABLE 1 TO § 165.941—Continued [COTP Zone Detroit]

Event Sector Detroit safety zones Date

(19) Port Austin Fireworks Port All waters of Lake Huron within a 200-yard radius of the fire- One evening between June 15 Austin, MI. works launch site located on the Port Austin break wall at and July 15. position 44°03.08′ N, 082°59.40′ W. (20) Port Sanilac Fireworks All waters of Lake Huron within a 200-yard radius of the fire- One evening between June 15 Port Sanilac, MI. works launch site located on the south break wall of Port and July 15. Sanilac Harbor at position 43°25.84′ N, 082°32.15′ W. (21) St. Clair Fireworks St. All waters of the St. Clair River, within a 200-yard radius of One evening between June 15 Clair, MI. the fireworks launch site located on a barge offshore of St. and July 15. Clair, MI, at position 42°49.38′ N, 082°29.0′ W. (22) St. Clair Shores Fireworks All waters of Lake St. Clair within a 250-yard radius of the One evening between June 15 St. Clair Shores, MI. fireworks launch site located on a barge anchored offshore and July 15. of Veterans Memorial Park at approximate position 42°31.6′ N, 082°52.0′ W. (23) Tawas Fireworks Tawas, All waters of Lake Huron within a 200-yard radius of the fire- One evening between June 15 MI. works launch site located on a barge offshore of East and July 15. Tawas City Park at approximate position 44°16.4′ N, 083°29.7′ W. (24) Arenac Fireworks, Au All waters of Saginaw Bay within a 700-foot radius of the fire- One evening between June 15 Gres, MI. works launch site located at position 44°1.4′ N, 083°40.4′ and July 15. W. This area is located at the end of the pier near the end of Riverside Drive in Au Gres, MI. (25) Port Huron Fireworks Port All waters of the Black River within a 300-yard radius of the One evening between June 15 Huron, MI. fireworks barge located at position 42°58′ N, 082°25′ W. and July 15. This position is located 300 yards east of 223 Huron Ave., Black River. (26) Old Club Fireworks, All waters of Lake St. Clair within an 850-foot radius of the One evening between June 15 Harsens Island, MI. fireworks launch site located at position 42°32.4′ N, and July 15. 082°40.1′ W. This area is located near the southern end of Harsens Island, MI. (27) Port Huron Blue Water All waters of the St. Clair River within a 200-yard radius of One evening in July. Festival Fireworks Port the fireworks launch site located on shore at the northern Huron, MI. point of Kiefer Park at approximate position 42°58.84′ N, 082°25.20′ W. (28) Detroit Symphony Orches- All waters of Lake St. Clair, within a 200-yard radius of the Two consecutive evenings be- tra Fireworks Grosse Pointe fireworks launch site located on a barge anchored offshore tween July 1 and July 31. Shores, MI. of Ford’s Cove at position 42°27.25′ N, 082°51.95′ W. (29) Trenton Fireworks Tren- All waters of the Detroit River within a 300-yard radius of the One evening between July 1 ton, MI. fireworks barge located at position 42°09′ N, 083°10′ W. and July 31. This position is located 200 yards east of Trenton in the Trenton Channel near Trenton, MI. (30) Venetian Festival Fire- All waters of Lake St. Clair within a 300-yard radius of the One evening in August. works. fireworks barge located at position 42°28′ N, 082°52′ W. This position is located 600 yards off Jefferson Beach Ma- rina, Lake St, Clair. (31) Cheeseburger Festival All waters of Lake Huron within a 300-foot radius of the fire- One evening in August. Fireworks, Caseville, MI. works launch site located at position 43°56.9′ N, 083°17.2′ W. This area is located near the break wall located at Caseville County Park, Caseville, MI. (32) Roostertail Fireworks De- All waters of the Detroit River within a 200-yard radius of the Three separate evenings be- troit, MI. fireworks launch site located on a barge anchored offshore tween June 15 and Sep- of Roostertail at position 42°21.27′ N, 082°58.36′ W. tember 31. (33) Marine City Maritime Days All waters of the St. Clair River within a 200-yard radius of One evening between July 15 Fireworks Marine City, MI. the fireworks launch site located on a barge offshore of and August 15. Marine City Park at position 42°43.15′ N, 082°29.2′ W. (34) Detroit International Jazz All waters of the St. Clair River within a 100 yard radius of One evening between August Festival Fireworks Detroit, MI. the fireworks launch site located at position 42°42.9′ N, 15 and September 15. 082°29.1′ W. This area is located east of Marine City.

Event Marine Safety Unit Toledo Safety Zones Date

(35) Washington Township All waters of the Ottawa River within a 600-foot radius of the One evening between June 15 Summerfest Fireworks To- fireworks launch site located on the Fred C. Young bridge and July 15. ledo, OH. at position 41°43.29′ N, 083°28.47′ W. (36) Put-In-Bay 4th of July All waters of Lake Erie within a 1000-foot radius of the fire- One evening between June 15 Fireworks Put-In-Bay, OH. works launch site located in Put-In-Bay Harbor at position and July 15. 41°39.7′ N, 082°48.0′ W. (37) Toledo Country Club Me- All waters of the Maumee River within a 250-yard radius of One evening between May 15 morial Celebration and Fire- the fireworks launch site located on shore on the Toledo and May 31. works Toledo, OH. Country Club’s 18th Green at position 41°35.37′ N, 083°35.5′ W.

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TABLE 1 TO § 165.941—Continued [COTP Zone Detroit]

Event Sector Detroit safety zones Date

(38) Freedom Festival Luna All waters of Lake Erie within a 300-yard radius of the fire- One evening between June 15 Pier, MI. works launch site located on the Clyde E. Evens Municipal and July 15. Pier at position 41°48.39′ N, 083°26.20′ W. (39) Toledo Country Club 4th All waters of the Maumee River within a 250-yard radius of One evening between June 15 of July Fireworks Toledo, OH. the fireworks launch site located on shore on the Toledo and July 15. Country Club’s 18th Green at position 41°35.37′ N, 083°35.5′ W. (40) Lakeside July 4th Fire- All waters of Lake Erie within a 200-yard radius of the fire- One evening between June 15 works Lakeside, OH. works launch site located on the Lakeside Association and July 15. Dock at position 41°32.52′ N, 082°45.03′ W. (41) Catawba Island Club Fire- All waters of Lake Erie within a 300-yard radius of the fire- One evening between June 15 works Catawba Island, OH. works launch site located on the northwest end of the Ca- and July 15. tawba Cliffs Harbor Light Pier at position 41°34.18′ N, 082°51.18′ W. (42) Red, White and Blues All waters of the Huron River within a 300-yard radius of the One evening in July. Bang Fireworks Huron, OH. fireworks launch site located on the Huron Ore Docks at position 41°23.29′ N, 082°32.55′ W. (43) Huron Riverfest Fireworks All waters of the Huron River within a 350-yard radius of the One evening in July. Huron, OH. fireworks launch site located on the Huron Ore Docks at position 41°23.38′ N, 082°32.59′ W. (44) End of Season Fireworks All waters of Lake Erie within a 200-yard radius of the fire- One evening between Sep- Lakeside, OH. works launch site located on the Lakeside Association tember 1 and September Dock at position 41°32.52′ N, 082°45.03′ W. 15. (45) Annual Labor Day Week- All waters of Lake Erie within a 300-yard radius of the fire- One evening between Sep- end Fireworks Show Ca- works launch site located on the northwest end of the Ca- tember 1 and September tawba Island, OH. tawba Cliffs Harbor Light Pier at position 41°34.3′ N, 15. 082°51.3′ W. (46) Toledo July 4th Fireworks All waters of the Maumee River within a 300-yard radius of One evening between June 15 Toledo, OH. the fireworks launch site located in International Park, To- and July 15. ledo, OH, at position 41°38.44′ N, 083°31.49′ W. (47) Memorial Day Weekend All waters of Lake Erie within a 300-yard radius of the fire- One evening between May 15 Fireworks Show Catawba Is- works launch site located on the northwest end of the Ca- and May 31. land, OH. tawba Cliffs Harbor Light Pier at position 41°34.18′ N, 082°51.18′ W. (48) Put-In-Bay Chamber of All waters of Lake Erie within a 350-yard radius of the fire- Two separate evenings be- Commerce Fireworks Put-In- works launch site located in Put-In-Bay Harbor at position tween June 15 and June 31, Bay, OH. 41°39.3′ N, 082°49.0′ W. and two separate evenings between September 1 and September 15. (49) Bay Point Fireworks Dis- All waters of Lake Erie within a 250-yard radius of the fire- One evening between June 15 play Marblehead, OH. works launch site located on shore in the vicinity of Bay and July 15. Point, Marblehead, OH, at position 41°30.3′ N, 082°43.1′ W. (50) LAZ Trommler Fireworks All waters of the Sandusky Bay within a 500 foot radius of One evening between June 15 Marblehead, OH. the fireworks launch site located at position 41°30′16″ N, and July 15. 083°48′08″ W. (51) Downtown Sandusky Fire- All waters of the Sandusky Bay within a 280-foot radius of One evening between Decem- works Sandusky, OH. the fireworks launch site located at position 41°27′32.74″ ber 31 and January 1. N, 082°42′ 52.02″ W.

[USCG–2019–0132, 84 FR 20031, May 8, 2019] (2) During the enforcement period, the general regulations found in § 165.23 § 165.943 Safety Zones; Recurring shall apply. Events in Captain of the Port Du- (b) Contacting the Captain of the Port. luth Zone. While a safety zone listed in this sec- (a) Regulations. The following regulation is enforced, the Captain of the tions apply to the safety zones listed in Port Duluth or his or her on-scene rep- Table 1 to this section: resentative may be contacted via VHF (1) The Coast Guard will provide ad- Channel 16. Vessel operators given per- vance notice of the enforcement date mission to enter or operate in the safe- and time of the safety zone being en- ty zone must comply with all direc- forced in Table 1 to this section, by tions given to them by the Captain of issuing a Notice of Enforcement, as the Port Duluth, or his or her on-scene well as a Broadcast Notice to Mariners. representative.

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(c) Exemption. Public vessels, defined ernments, operating in an official ca- as any vessel owned or operated by the pacity are exempted from the require- United States or by State or local gov- ments of this section.

TABLE 1 TO § 165.943 [Datum NAD 1983]

Event Location Event date

(1) Bridgefest Regatta All waters of the Keweenaw Waterway in Hancock, MI within the Mid June. Fireworks Display. arc of a circle with a radius of no more than 1,120 feet from the launch site at position 47°07′22″ N, 088°35′28″ W. (2) Ashland 4th of All waters of Chequamegon Bay in Ashland, WI within the arc of On or around July 4th. July Fireworks Dis- a circle with a radius of no more than 1,120 feet from the play. launch site at position 46°35′50″ N, 090°52′59″ W. (3) City of Bayfield All waters of the Lake Superior North Channel in Bayfield, WI On or around July 4th. 4th of July Fire- within the arc of a circle with a radius of no more than 1,120 works Display. feet from the launch site at position 46°48′40″ N, 090°48′32″ W. (4) Cornucopia 4th of All waters of Siskiwit Bay in Cornucopia, WI within the arc of a On or around July 4th. July Fireworks Dis- circle with a radius of no more than 1,120 feet from the launch play. site at position 46°51′35″ N, 091°06′15″ W. (5) Duluth 4th Fest All waters of the Duluth Harbor Basin, Northern Section in Du- On or around July 4th. Fireworks Display. luth, MN within the arc of a circle with a radius of no more than 1,120 feet from the launch site at position 46°46′14″ N, 092°06′16″ W. (6) LaPointe 4th of All waters of Lake Superior in LaPointe, WI within the arc of a On or around July 4th. July Fireworks Dis- circle with a radius of no more than 1,120 feet from the launch play. site at position 46°46′40″ N, 090°47′22″ W. (7) Two Harbors 4th All waters of Agate Bay in Two Harbors, MN within the arc of a On or around July 4th. of July Fireworks circle with a radius of no more than 1,120 feet from the launch Display. site at position 47°00′54″ N, 091°40′04″ W. (8) Superior 4th of All waters of Superior Bay in Superior, WI within the arc of a cir- On or around July 4th. July Fireworks Dis- cle with a radius of no more than 1,120 feet from the launch play. site at position 46°43′28″N, 092°03′38″ W. (9) Point to LaPointe All waters of the Lake Superior North Channel between Bayfield Early August. Swim. and LaPointe, WI within an imaginary line created by the following coordinates: 46°48′50″ N, 090°48′44″ W, moving southeast to 46°46′44″ N, 090°47′33″ W, then moving northeast to 46°46′52″ N, 090°47′17″ W, then moving northwest to 46°49′03″ N, 090°48′25″ W, and finally returning to the starting position. (10) Lake Superior All waters of Superior Bay in Superior, WI within the arc of a cir- Late August. Dragon Boat Fes- cle with a radius of no more than 1,120 feet from the launch tival Fireworks Dis- site at position 46°43′28″ N, 092°03′47″ W. play. (11) Superior Man All waters of the Duluth Harbor Basin, Northern Section in Du- Late August. Triathlon. luth, MN within an imaginary line created by the following coordinates: 46°46′36″ N, 092°06′06″ W, moving southeast to 46°46′32″ N, 092°06′01″ W, then moving northeast to 46°46′45″ N, 092°05′45″ W, then moving northwest to 46°46′49″ N, 092°05′49″ W, and finally returning to the starting position.

[USCG–2018–0102, 83 FR 28381, June 19, 2018] (b) Applicability. Unless otherwise stated, the provisions of this regulated § 165.944 Regulated Navigation Area; navigation area (RNA) apply to the fol- Straits of Mackinac. lowing vessels: (a) Location. All navigable waters of (1) Vessels of 40 meters (approx. 131 the Straits of Mackinac bounded by feet) or more in length, while navi- longitudes 084°20′ W and 085°10′ W and gating; latitudes 045°39′ N and 045°54′ N (NAD (2) Towing vessels of 20 meters 83), including Grays Reef Passage, the (approx. 65 feet) or more in length, South Channel between Bois Blanc Is- while engaged in towing another vessel land and Cheboygan, MI, and the astern, alongside or by pushing ahead; waters between Mackinac Island and or St. Ignace, MI.

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(3) Vessels certificated to carry 50 or way via VHF–16 or telephone 906–635– more passengers for hire, when engaged 3319. in trade; or (5) In an emergency, any vessel may (4) Each dredge or floating plant. deviate from this regulation to the ex- (c) Regulations. The general regula- tent necessary to avoid endangering tions contained in §§ 165.10, 165.11, and the safety of persons, the environment, 165.13 apply within this RNA. and/or property. If deviation from the (1) Nothing in this regulation relieves regulation is necessary, the master or any vessel, owner, operator, charterer, his designee shall inform the Coast master, or person directing the move- Guard as soon as it is practicable to do ment of a vessel, from the con- so. sequences of any neglect to comply (6) The owner, operator, charterer, with this part or any other applicable master or person directing the move- law or regulation (i.e. the International ment of a vessel desiring to anchor Regulations for Prevention of Colli- within the prescribed RNA for the pur- sions at Sea, 1972 (72 COLREGS) or the poses of work, dredging, or survey Inland Navigation Rules) or of the ne- must receive permission from the glect of any precaution which may be COTP or a designated representative a required by the ordinary practice of minimum of 72 hours in advance of the seamen, or by the special cir- desired activity. Vessels engaged in ac- cumstances of the case. tivities, such as tourism, ferrying, or (2) Vessels transiting through the sightseeing, which require anchoring, RNA must comply with all directions within the RNA boundaries, but not given to them by the COTP, or a des- within charted submerged cables and/or ignated representative. The ‘‘des- pipelines areas, may request a waiver ignated representative’’ of the COTP is from the COTP. any Coast Guard commissioned, war- (7) In the RNA, the District Com- rant or petty officer who is designated mander or COTP may establish tem- by the COTP to act on their behalf. porary traffic rules for reasons that in- The designated representative may be clude but are not limited to channel on a Coast Guard vessel; or other des- obstructions, winter navigation, un- ignated craft; or on shore and commu- usual weather conditions, or unusual nicating via VHF–16 or telephone, 906– water levels. 635–3319. (8) There may be times that the (3) Vessels transiting through the Ninth District Commander or the RNA must make a direct passage. No COTP finds it necessary to close the vessel may anchor or loiter within the RNA to vessel traffic. During times of RNA at any time without the expressed limited closure, persons and vessels permission of the COTP or a designated may request permission to enter the representative. RNA by contacting the COTP or a des- (4) Vessels are prohibited from an- ignated representative via VHF–16 or choring in any charted submerged telephone 906–635–3319. cable and/or pipeline areas; except (d) Definitions. As used in this RNA: when expressly permitted by the COTP. (1) Captain of the Port means the Vessels desiring to anchor within the United States Coast Guard Captain of confines of the RNA, but outside a the Port (COTP) of Sault Sainte Marie, charted submerged cable and/or pipe- Michigan. line area, must contact the COTP or a (2) Straits of Mackinac means the nav- designated representative one (1) hour igable waters of the Great Lakes con- in advance of anchoring via VHF–16 or necting Lake Huron to Lake Michigan telephone 906–635–3319. The person di- passing between the upper and lower recting the movement of the vessel de- peninsulas of Michigan. siring to anchor shall provide the time, (3) Loiter means to linger aimlessly in purpose and location for the proposed or about a place making purposeless anchoring. Vessels who receive permis- stops in the course of a trip, journey, sion to anchor, shall notify the COTP or errand. Loitering does not include or a designated representative no less brief stops for sight-seeing, ferry, or than 15 minutes prior to getting under- tourism purposes.

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(e) Notification. The Coast Guard will (c) Authority. In addition to 46 U.S.C. rely on the methods described in § 165.7 70034 and 46 U.S.C. 70051, the authority to notify the public of the time and du- for this section includes 46 U.S.C. 70116. ration of any closure of the RNA. Re- (d) Enforcement. The U.S. Coast ports of violations of this RNA should Guard may be assisted in the patrol go to COTP Sault Sainte Marie at 906– and enforcement of this security zone 635–3319 or on VHF-Channel 16. by the U.S. Navy. (f) Waiver. For any vessel, the COTP [COTP San Diego 04–019, 70 FR 2021, Jan. 12, or a designated representative may 2005] waive any of the requirements of this section, upon finding that cir- § 165.1102 Security Zone; Naval Base cumstances are such that application Point Loma; San Diego Bay, CA. of this section is unnecessary or im- (a) Location. The following area is a practical for the purposes of safety or security zone: The water adjacent to environmental safety. the Naval Base Point Loma, San Diego, [USCG–2018–0563, 83 FR 49283, Oct. 1, 2018] CA, enclosed by the following coordinates: ELEVENTH COAST GUARD DISTRICT 32°42′28.8″ N, 117°14′13.2″ W (Point A) 32°42′28.8″ N, 117°14′12.6″ W (Point B) § 165.T11–019 xxx 32°42′10.2″ N, 117°14′03.0″ W (Point C) ° ′ ″ ° ′ ″ § 165.1101 Security Zone: San Diego 32 42 06.2 N, 117 14 01.5 W (Point D) Bay, CA. 32°41′49.5″ N, 117°14′07.0″ W (Point E) 32°41′47.4″ N, 117°14′11.4″ W (Point F) (a) Location. The following area is a 32°41′43.8″ N, 117°14′12.6″ W (Point G) security zone: the water area within 32°41′31.8″ N, 117°14′13.8″ W (Point H) Naval Station, San Diego enclosed by 32°41′33.0″ N, 117°14′01.2″ W (Point I) the following points: Beginning at ° ′ ″ ° ′ ″ 32°41′16.5″ N, 117°08′01″ W (Point A); 32 41 10.2 N, 117 13 57.0 W (Point J) ° ′ ″ ° ′ ″ thence running southwesterly to 32 41 10.2 N, 117 13 58.2 W (Point K) 32°40′58.3″ N, 117°08′11.0″ W (Point B); to Thence running generally north along 32°40′36.0″ N 117°07′49.1″ W (Point C); to the shoreline to Point A. 32°40′17.0′ N, 117°07′34.6″ W (Point D); to (b) Regulations. (1) The general regu- 32°39′36.4″ N, 117°07′24.8″ W (Point E); to lations governing security zones found 32°39′38.5″ N 117°07′06.5″ W, (Point F); in 33 CFR 165.33 apply to the security thence running generally northwest- zone described in paragraph (a) of this erly along the shoreline of the Naval section. Station to the place of the beginning. (2) Entry into, or remaining in, the All coordinates referenced use datum: areas of either zone is prohibited unless NAD 1983. authorized by the Captain of the Port (b) Regulations. (1) In accordance with San Diego; Commanding Officer, Naval the general regulations in § 165.33 of Base Point Loma; or Commander, this part, entry into the area of this Naval Region Southwest. zone is prohibited unless authorized by (3) Persons desiring to transit the the Captain of the Port San Diego; area of the security zone may request Commander, Naval Base San Diego; permission from the Captain of the Commander, Navy Region Southwest; Port San Diego at telephone number or the Commanding Officer, Naval Sta- (619) 278–7033 or on VHF channel 16 tion, San Diego. (156.8 MHz) or from either the Com- (2) Persons desiring to transit the manding Officer, Naval Base Point area of the security zone may contact Loma or the Commanding Officer Navy the Captain of the Port at telephone Region Southwest by calling the Navy number 619–683–6495 or on VHF channel Port Operation Dispatch at telephone 16 (156.8 MHz) to seek permission to number (619) 556–1433 or on VHF–FM transit the area. If permission is grant- channels 16 or 12. If permission is ed, all persons and vessels must comply granted, all persons and vessels must with the instructions of the Captain of comply with the instructions of the the Port or his or her designated rep- Captain of the Port San Diego or his or resentative. her designated representative.

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

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northwesterly along the shoreline of manding Officer, Naval Air Station Naval Base Coronado to the place of be- North Island. Section 165.33 also con- ginning. All coordinates referenced use tains other general requirements. datum: NAD 1983. [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. (b) Regulations. (1) In accordance with 30, 1986, as amended at 52 FR 8893, Mar. 20, the general regulations in Sec. 165.33 of 1987. Redesignated by USCG–2001–9286, 66 FR this part, entry into the area of this 33642, June 25, 2001] zone is prohibited unless authorized by the Captain of the Port San Diego; § 165.1106 San Diego Bay, California— Commander, Naval Base Coronado, or safety zone. Commander, Navy Region Southwest. (a) The waters of San Diego Bay en- (2) Persons desiring to transit the closed by the following boundaries are area of the security zone may contact a safety zone: the Captain of the Port at telephone From a point located on the bound- number 619–683–6495 or on VHF channel ary of Coast Guard Air Station San 16 (156.8 MHz) to seek permission to Diego, California at latitude 32°43′37.2″ transit the area. If permission is grant- N, longitude 117°10′45.0″ W (point A), for ed, all persons and vessels must comply a point of beginning; thence southeast- with the instructions of the Captain of erly to latitude 32°43′36.2″ N, longitude the Port or his or her designated rep- 117°10′41.5″ W (point B); thence south- resentative. westerly to latitude 32°43′20.2″ N, lon- (c) Authority. In addition to 46 U.S.C. gitude 117°10′49.5″ W (point C); thence 70034 and 46 U.S.C. 70051, the authority northwesterly to latitude 32°43′25.7″ N, for this section includes 46 U.S.C. 70116. 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 [COTP San Diego, 68 FR 25290, May 12, 2003] point of beginning (point A). (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 117°13′34.1″ W. § 165.1107 San Diego Bay, California. (2) Because the area of this security (a) Location. The area encompassed zone is measured from the pier and by the following geographic coordi- from vessels moored thereto, the ac- nates is a regulated navigation area: tual area of this security zone will be 32°41′24.6″ N 117°14′21.9″ W larger when a vessel is moored at 32°41′34.2″ N 117°13′58.5″ W Bravo Pier. 32°41′34.2″ N 117°13′37.2″ W (b) Regulations. In accordance with Thence south along the shoreline to the general regulations in § 165.33 of 32°41′11.2″ N 117°13′31.3″ W this part, entry into the area of this 32°41′11.2″ N 117°13′58.5″ W zone is prohibited unless authorized by Thence north along the shoreline to the the Captain of the Port or the Com- point of origin.

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Datum: NAD 1983. 7033 or on VHF–FM channel 16 (156.8 (b) Regulations. (1) During submarine MHz) to seek permission to transit the docking/undocking operations at the area. If permission is granted, all per- U.S. Naval Submarine Base on Ballast sons and vessels must comply with the Point, San Diego Bay, California, mari- instructions of the Captain of the Port ners transiting within the regulated or his or her designated representative. navigation area shall proceed at a (d) Authority. In addition to 46 U.S.C. speed that generates no wake from 70034 and 46 U.S.C. 70051, the authority their vessel. for this section includes 46 U.S.C. 70116. (2) The Coast Guard will issue a (e) Enforcement. The U.S. Coast Guard Broadcast Notice to Mariners, and if may be assisted in the patrol and en- time permits a Local Notice to Mari- forcement of the security zones by the ners, to inform the maritime commu- San Diego Harbor Police. nity of the dates and times of the sub- [COTP San Diego 02–026, 68 FR 1008, Jan. 8, marine docking/undocking operations 2003, as amended by USCG–2011–0038, 76 FR covered by paragraph (b)(1). 15218, Mar. 21, 2011] (3) The master and/or operator of a vessel within the regulated navigation § 165.1110 Security Zone: Coronado area shall comply with any other or- Bay Bridge, San Diego, CA. ders or directions issued by the Coast (a) Location. All navigable waters of Guard as required for the safety of the San Diego Bay, from the surface to the submarine docking/undocking oper- sea floor, within 25 yards of all piers, ations covered by paragraph (b)(1). abutments, fenders and pilings of the Coronado Bay Bridge. These security [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR zones will not restrict the main naviga- 40360, Aug. 14, 1991, as amended by USCG– 1998–3799, 63 FR 35533, June 30, 1998. Redesig- tional channel nor will it restrict ves- nated by USCG–2001–9286, 66 FR 33642, June sels from transiting through the chan- 25, 2001] nel. (b) Regulations. (1) Under § 165.33, § 165.1108 Security Zones; Cruise entry into, transit through, loitering, Ships, Port of San Diego, California. or anchoring within any of these secu- (a) Definition. ‘‘Cruise ship’’ as used rity zones by all persons and vessels is in this section means a passenger ves- prohibited, unless authorized by the sel, except for a ferry, 100 gross tons or Captain of the Port, or his designated more, authorized to carry more than 12 representative. Mariners seeking per- passengers for hire; capable of making mission to transit through a security international voyages lasting more zone may request authorization to do than 24 hours, any part of which is on so from Captain of the Port or his des- the high seas; and for which passengers ignated representative. The Coast are embarked, disembarked or at a port Guard can be contacted on San Diego of call in the San Diego port. Bay via VHF-FM channel 16. (b) Location. The following areas are (2) Vessels may enter a security zone security zones: All navigable waters, if it is necessary for safe navigation extending from the surface to the sea and circumstances do not allow suffi- floor, within a 100-yard radius around cient time to obtain permission from any cruise ship that is located within the Captain of the Port. the San Diego port area landward of [COTP San Diego 04–015, 69 FR 43915, July 23, the sea buoys bounding the Port of San 2004] Diego. (c) Regulations. Under regulations in § 165.1120 Security Zone; Naval Am- 33 CFR part 165, subpart D, a person or phibious Base, San Diego, CA. vessel may not enter into or remain in (a) Location. The following area is a the security zones created by this sec- security zone: the waters of San Diego tion unless authorized by the Coast Bay, enclosed by lines connecting the Guard Captain of the Port, San Diego following points: Beginning at (COTP) or a COTP designated rep- 32°40′30.0″ N, 117°10′03.0″ W (Point A); resentative. Persons desiring to transit thence running northeasterly to these security zones may contact the 32°40′54.0″ N, 117°09′35.5″ W (Point B); COTP at telephone number (619) 278– thence running northeasterly to

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32°40′55.0″ N, 117°09′27.0″ W (Point C); COLREGS Demarcation Line means thence running southeasterly to the line described at 33 CFR 80.1104 or 32°40′43.0″ N, 117°09′09.0″ W (Point D); 80.1106. thence running southerly to 32°40′39.0″ Public vessel means a vessel that is N, 117°09′08.0″ (Point E); thence running owned or demise—(bareboat) chartered southwesterly to 32°40′30.0″ N, by the government of the United 117°09′12.9″ W (Point F); thence running States, by a State or local government, a short distance to 32°40′29.0″ N, or by the government of a foreign 117°09′14.0″ W (Point G); thence running country and that is not engaged in southwesterly to 32°40′26.0″ N, commercial service. 117°09′17.0″ W (Point H); thence running Vessel means every description of northwesterly to the shoreline to 32°40′ watercraft or other artificial contriv- 31.0″ N, 117°09′ 22.5″ W (Point I), thence ance used, or capable of being used, as running along the shoreline to the be- a means of transportation on water ginning point. other than a public vessel. (b) Regulations. In accordance with (c) Applicability. This section applies the general regulations in § 165.33 of to all vessels of 100 gross tons (GT) or this part, entry into the area of this more, including tug and barge com- zone is prohibited unless authorized by binations of 100 GT or more (com- the Captain of the Port or the Com- bined), operating within the RNA, with mander, Navy Region Southwest. the exception of public vessels, vessels (c) Enforcement. The U.S. Coast Guard not intending to cross the COLREGS may be assisted in the patrol and en- Demarcation Line and enter San Diego forcement of this security zone by the Bay or Mission Bay, and any vessels U.S. Navy. exercising rights under principles of 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 (iii) Obtain permission for any depar- California coast—and including the in- ture from or movement within the land waters of San Diego Bay and Mis- RNA from the Captain of the Port or sion Bay, California, shoreward of the designated representative prior to get- COLREGS Demarcation Line —back to ting underway. the point of origin. All coordinates ref- (iv) Follow all instructions issued by erence 1983 North American Datum the Captain of the Port or designated (NAD 83). representative. (b) Definitions. As used in this sec- (v) Requests may be made by tele- tion— phone at 619–278–7033 (select option 2)

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or via VHF-FM radiotelephone on law enforcement; and any public or channel 16 (156.800 Mhz). The call sign sponsor-provided vessels assigned or for radiotelephone requests to the Cap- approved by the cognizant Coast Guard tain of the Port or designated rep- Sector Commander to patrol each resentative is ‘‘Coast Guard Sector San event. Diego.’’ (1) No spectator shall anchor, block, (2) For purposes of the requirements loiter, nor impede the through transit in paragraph (d)(1) of this section, the of participants or official patrol vessels Captain of the Port or designated rep- in the safety zone during all applicable resentative means any official des- effective dates and times unless cleared ignated by the Captain of the Port, in- to do so by or through an official pa- cluding but not limited to commis- trol vessel. sioned, warrant, and petty officers of (2) When hailed and/or signaled by an the U.S. Coast Guard, and any U.S. official patrol vessel, any spectator lo- Coast Guard patrol vessel. Upon being cated within a safety zone during all hailed by a U.S. Coast Guard vessel by applicable effective dates and times siren, radio, flashing light, or other means, the operator of a vessel shall shall come to an immediate stop. proceed as directed. (3) The Patrol Commander (e) Waivers. The Captain of the Port (PATCOM) is empowered to forbid and or designated representative may, upon control the movement of all vessels in request, waive any regulation in this the safety zone. The Patrol Com- section. mander shall be designated by the cognizant Coast Guard Sector Commander; [CGD11–05–002, 70 FR 70495, Nov. 22, 2005] will be a U.S. Coast Guard commis- § 165.1123 Southern California Annual sioned officer, warrant officer, or petty Firework Events for the San Diego officer to act as the Sector Com- Captain of the Port Zone. mander’s official representative. As the (a) General. Safety zones are estab- Sector Commander’s representative, lished for the events listed in Table 1 of the PATCOM may terminate the event this section. Further information on any time it is deemed necessary for the exact dates, times, and other details protection of life and property. concerning the exact geographical de- PATCOM may be reached on VHF–FM scription of the areas are published by Channel 13 (156.65MHz) or 16 (156.8MHz) the Eleventh Coast Guard District in when required, by the call sign the Local Notice to Mariners at least ‘‘PATCOM’’. 20 days prior to the event. (4) The Patrol Commander may, upon (b) Regulations. All persons and ves- request, allow the transit of vessels sels not registered with the sponsor as through the safety zone when it is safe participants or as official patrol ves- to do so. sels are considered spectators. The (5) The Coast Guard may be assisted ‘‘official patrol’’ consists of any Coast by other Federal, state, or local agen- Guard; other Federal, state, or local cies.

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

1. San Diego, CA POPS Fireworks Display

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

2. Fourth of July Fireworks, Mission Bay

Sponsor ...... Mission Bay Yacht Club Event Description ...... Fireworks Display. Date ...... One evening; the first week in July. Location ...... Mission Bay, San Diego, CA.

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TABLE 1 TO § 165.1123—Continued [All coordinates referenced use datum NAD 83] Regulated Area ...... 800-foot radius safety zone around tug/barge combination located at approximately 32°47′00″ N, 117°14′45″ W.

3. Coronado Glorietta Bay Fourth of July Fireworks

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

4. San Diego Parade of Lights Fireworks Display

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

5. Big Bay Boom Fourth of July Fireworks

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

6. MIDWAY Fireworks

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

7. Sea World Fireworks

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

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

§ 165.1124 Annual Firework Events on concerning the exact geographical de- the Colorado River, between Davis scription of the areas are published by Dam (Bullhead City, Arizona) and the Eleventh Coast Guard District in Headgate Dam (Parker, Arizona) the Local Notice to Mariners at least within the San Diego Captain of 20 days prior to the event. Port Zone. (b) Regulations. All persons and ves- (a) General. Safety zones are estab- sels not registered with the sponsor as lished for the events listed in Table 1 of participants or as official patrol ves- this section. Further information on sels are considered spectators. The exact dates, times, and other details ‘‘official patrol’’ consists of any Coast

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

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

1. Avi Resort & Casino Memorial Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... Sunday before Memorial Day. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′15″ W; along the shoreline to 35°00′50″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″N, 114°38′20″ W.

2. Laughlin/Bullhead City Rockets Over the River Fireworks

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

3. Avi Resort & Casino Independence Day Fireworks

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

4. Avi Resort & Casino Labor Day Fireworks

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

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TABLE 1 TO § 165.1124—Continued [All coordinates referenced use datum NAD 83] Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′15″ W; along the shoreline to 35°00′20″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″N, 114°38′20″ W.

5. Colorado Belle & Edgewater Hotel/Casino Thanksgiving Fireworks

Sponsor ...... Edgewater Hotel & Casino Event Description ...... Fireworks Display. Date ...... One evening during Thanksgiving week. Location ...... Laughlin, NV. Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV, from 10 p.m.–12:30 a.m., encompassed by the following coordinates: 35°09′51″ N, 114°34′08″ W; 35°09′53″ N, 114°34′15″ W, along the shoreline to 35°09′31″ N, 114°34′17″ W; 35°09′33″ N, 114°34′08″ W along the shoreline to 35°09′51″ N, 114°34′08″ W.

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

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

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

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

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(5) The Coast Guard may be assisted by other Federal, state, or local agencies.

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

1. Cambria American Legion Post Fourth of July Fireworks

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

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

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

3. Fourth of July Fireworks, City of Dana Point

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

4. Fourth of July Fireworks, City of Long Beach

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

5. Fourth of July Fireworks, Irvine Cove Community Association

Sponsor ...... Irvine Cove Community Association. Event Description ...... Fireworks Display.

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

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. 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.

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

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.

12. Fourth of July Fireworks, City of San Pedro

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

13. Fourth of July Fireworks, City of Cayucos

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

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

§ 165.1131 Security Zone: Wilson Cove, to San Clemente Island, California San Clemente Island, California. within 1.5 nautical miles (1.73 statute miles, 2.8 kilometers) of the shoreline (a) Location. The following area is a of San Clemente Island from Wilson security zone: The water area adjacent Cove North End Light (LLNR 2565) to

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Spruce Pier, approximately 4.1 nautical (3) Section C miles (4.7 statute miles, 7.65 kilo- Beginning at 32°53.53′ N, 118°26.52′ W; meters) southeast of Wilson Cove thence to 32°55.83′ N, 118°24.22′ W; North End Light, described as follows: thence running parallel to the shore at Starting at a point on the shoreline a distance of approximately 3 NM from of San Clemente Island, California, in the high tide line to 32°47.27′ N, ° ′ ″ ° ′ ″ position 33 01 25.0 N, 118 33 43.0 W, for 118°18.23′ W; thence to 32°49.10′ N, a place of beginning (point A), thence 118°21.05′ W; thence along the shoreline ° ′ ″ northeasterly to 33 02 11.0 N, returning to 32°53.53′ N, 118°26.52′ W. 118°32′13.5″ W (point B), thence southeasterly to 32 °58′40.5″ N, 118°29′15.5″ W (4) Section D (point C), thence southwesterly to ° ′ ° ′ 32°57′54.0″ N, 118°31′17.2″ W (point D), Beginning at 32 49.10 N, 118 21.05 W; ° ′ ° ′ thence northwesterly along the shore- thence to 32 47.27 N, 118 18.23 W; line of San Clemente Island to the thence running parallel to the shore at place of beginning. a distance of approximately 3 NM from the high tide line to 32°48.38′ N, (b) Regulations. In accordance with 118°31.69′ W; thence to 32°50.70′ N, the general regulations in § 165.33 of 118°29.37′ W; thence along the shoreline this part, entry into the area of this returning to 32°49.10′ N, 118°21.05′ W. zone is prohibited unless authorized by the Captain of the Port, San Diego, (5) Section E California. Section 165.33 also contains other general requirements. Beginning at 32°50.70′ N, 118°29.37′ W; thence to 32°48.05′ N, 118°31.68′ W; [COTP San Diego Reg. 87–04, 52 FR 18230, thence running parallel to the shore at May 14, 1987. Redesignated by USCG–2001– a distance of approximately 3 NM from 9286, 66 FR 33642, June 25, 2001] the high tide line to 32°53.62′ N, 118°35.93′ W; thence to 32°56.13′ N, § 165.1141 Safety Zone; San Clemente 3 118°32.95′ W; thence along the shoreline NM Safety Zone, San Clemente Is- ° ′ ° ′ land, CA. returning to 32 50.70 N, 118 29.37 W. (a) Location. The following area is a (6) Section F safety zone: All waters of the Pacific Beginning at 32°56.13′ N, 118°32.95′ W; Ocean surrounding San Clemente Is- thence to 32°53.62′ N, 118°35.93′ W; land, from surface to bottom, extend- thence running parallel to the shore at ing from the high tide line on the is- a distance of approximately 3 NM from land seaward 3 NM. The zone consists the high tide line to 32°59.95′ N, of the following sections (see Figure 1): 118°39.77′ W; thence to 33°01.08′ N, ° ′ (1) Section A 118 36.33 W; thence along the shoreline returning to 32°56.13′ N, 118°32.95′ W. Beginning at 33°02.05′ N, 118°35.85′ W; thence to 33°04.93′ N, 118°37.07′ W; (7) Section G thence running parallel to the shore at Beginning at 33°01.08’ N, 118°36.333’ W; a distance of approximately 3 NM from thence to 32°59.95′ N, 118°39.77′ W; the high tide line to 33°02.82′ N, thence running parallel to the shore at 118°30.65′ W; thence 33°01.29′ N, 118°33.88′ a distance of approximately 3 NM from W; thence along the shoreline return- the high tide line to 33°04.93′ N, ing to 33°02.05′ N, 118°35.85′ W. 118°37.07′ W; thence to 33°02.05′ N, 118°35.85′ W; along the shoreline return- (2) Section B ing to 33°01.08′ N, 118°36.33′ W. Beginning at 32°57.30′ N, 118°30.88′ W; (8) Wilson Cove thence to 32°59.60′ N, 118°28.33′ W; thence running parallel to the shore at Beginning at 33°01.28′ N, 118°33.88′ W; a distance of approximately 3 NM from thence to 33°02.82′ N, 118°30.65′ W; the high tide line to 32°55.83′ N, thence running parallel to the shore at 118°24.22′ W; thence to 32°53.53′ N, a distance of approximately 3 NM from 118°26.52′ W; thence along the shoreline the high tide line to 32°59.60’ N, returning to 32°57.30′ N, 118°30.88′ W. 118°28.33′ W; thence to 32°57.30′ N,

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118°30.88′ W; thence along the shoreline returning to 33°01.28′ N, 118°33.88′ W.

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

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

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the Captain of the Port Los Angeles- Latitude Longitude Long Beach to do otherwise. 33°41.50′ N ...... 118°10.22′ W (d) Authority. In addition to 46 U.S.C. 33°40.52′ N ...... 118°10.22′ W 70034 and 46 U.S.C. 70051, the authority 33°40.52′ N ...... 118°11.82′ W for this section includes 46 U.S.C. 70116. 33°41.50′ N ...... 118°11.82′ W ° ′ ° ′ (e) Enforcement. The U.S. Coast Guard 33 43.40 N ...... 118 11.20 W may be assisted in the patrol and en- (iii) The Los Angeles Deep Water Traf- forcement of these security zones by fic Lane: the Los Angeles Port Police and the Long Beach Police Department. Latitude Longitude

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

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necessary to embark or disembark a cial Anchorage G and the Middle pilot. Breakwater. (2) Long Beach Pilot Area. (i) No vessel [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- may enter the Long Beach Pilot Area designated by USCG–2001–9286, 66 FR 33642, unless it is entering or departing Long June 25, 2001; USCG–2015–0433, 80 FR 44287, Beach Harbor entrance (Queens Gate). July 27, 2015] (ii) Vessels entering the Long Beach § 165.1154 Security Zones; Cruise Pilot Area shall pass directly through Ships, San Pedro Bay, California. without stopping or loitering except as necessary to embark or disembark a (a) Definition. ‘‘Cruise ship’’ as used in this section means a passenger ves- pilot. sel, except for a ferry, over 100 feet in (iii) Every vessel shall leave Long length, authorized to carry more than Beach Approach Lighted Whistle Buoy 12 passengers for hire; making voyages ‘‘LB’’ to port when entering and de- lasting more than 24 hours, any part of parting Long Beach Channel and de- which is on the high seas; and for parting vessels shall pass across the which passengers are embarked or dis- southern boundary of the Long Beach embarked in the Port of Los Angeles or Pilot Area. Port of Long Beach. (3) Los Angeles and Long Beach Deep (b) Location. The following areas are Water Traffic Lanes. When a vessel of 50 security zones: All navigable waters, foot draft or greater is using the Los extending from the surface to the sea Angeles or Long Beach Deep Water floor, within a 100-yard radius around Traffic Lane no other vessel shall enter any cruise ship that is located within the Deep Water Traffic Lane if it will the San Pedro Bay area landward of result in a meeting, crossing or over- the sea buoys bounding the port of Los taking situation. Angeles or Port of Long Beach or des- (4) Los Angeles Deep Water Pilot Area. ignated anchorages within 3 nautical When a vessel of 50 foot draft or great- miles seaward of the Federal Break- er is embarking or disembarking a waters. (c) Regulations. Under regulations in pilot in the Los Angeles Deep Water 33 CFR part 165, subpart D, a person or Pilot Area no other vessel shall enter vessel may not entry into or remain in the Deep Water Pilot Area. the security zones created by this sec- (5) Vessels described in paragraph (d) tion unless authorized by the Coast of this section may not enter the Guard Captain of the Port, Los Ange- waters between Commercial Anchorage les—Long Beach (COTP) or a COTP G and the Middle Breakwater as de- designated representative. fined by an area enclosed by the line (1) Persons desiring to transit these beginning at Los Angeles Main Channel security zones may contact the COTP Entrance Light 8 (33°42.70′ N, 118°14.70′ at telephone number (310) 521–3801 or on W), thence east along the Middle VHF–FM channel 16 (156.8 MHz) to seek Breakwater to Long Beach Light permission to transit the area. If per- (33°43.40′ N, 118°11.20′ W), thence south mission is granted, all persons and ves- to (33°43.08′ N, 118°11.26′ W), thence sels must comply with the instructions westerly to (33°43.08′ N, 118°12.26′ W), of the Captain of the Port or his or her thence southwesterly parallel to the designated representative. breakwater to (33°42.43′ N, 118°14.30′ W), (2) When a cruise ship approaches thence to the point of origin, unless within 100 yards of a vessel that is such vessel is: moored, or anchored, the stationary (i) In an emergency; vessel must stay moored or anchored while it remains within the cruise (ii) Proceeding to anchor in or de- ship’s security zone unless it is either parting Commercial Anchorage G; ordered by, or given permission from, (iii) Standing by with confirmed pilot the COTP Los Angeles-Long Beach to boarding arrangements; or, do otherwise. (iv) Engaged in towing vessels to or (d) Authority. In addition to 46 U.S.C. from Commercial Anchorage G, or to 70034 and 46 U.S.C. 70051, the authority or from the waters between Commer- for this section includes 46 U.S.C. 70116.

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(e) Enforcement. The U.S. Coast Guard (i) Commercial vessels authorized to may be assisted in the patrol and en- use the offshore marine terminal for forcement of the security zone by the loading or unloading; Los Angeles Port Police and the Long (ii) Commercial tugs, lighters, Beach Police Department. barges, launches, or other vessels authorized to engage in servicing the off- [COTP Los Angeles-Long Beach 02–004, 67 FR shore marine terminal or vessels there- 72563, Dec. 6, 2002, as amended by USCG–2011– 0101, 77 FR 1027, Jan. 9, 2012] in; (iii) Public vessels of the United § 165.1155 Security Zone; Diablo Can- States. yon Nuclear Power Plant, Avila (2) Persons desiring to transit the Beach, California. area of the safety zone may contact the (a) Location. The following area is a Captain of the Port at telephone num- security zone: all waters of the Pacific ber 1–800–221–8724 or on VHF-FM chan- Ocean, from surface to bottom, within nel 16 (156.8 MHz). If permission is a 2,000 yard radius of Diablo Canyon granted, all persons and vessels must Nuclear Power Plant centered at posi- comply with the instructions of the tion 35°12′23″ N, 120°51′23″ W. [Datum: Captain of the Port or his or her des- NAD 83]. ignated representative. (3) Nothing in this section shall be (b) Regulations. (1) In accordance with the general regulations in § 165.33 of construed as relieving the owner or this part, entry into or remaining in person in charge of any vessel from this zone is prohibited unless author- complying with the Navigation Rules ized by the Coast Guard Captain of the (COLREGS and their associated An- Port, Los Angeles-Long Beach, or his nexes and Inland Navigation Rules (33 or her designated representative. CFR subchapter E)) and safe navigation practice. (2) Persons desiring to transit the area of the security zone may contact [COTP Los Angeles-Long Beach 03–002, 70 FR the Captain of the Port at telephone 30640, May 27, 2005; USCG–2015–0433, 80 FR number 1–800–221–8724 or on VHF-FM 44287, July 27, 2015] channel 16 (156.8 MHz). If permission is § 165.1157 Security Zone; Cruise Ships, granted, all persons and vessels must Santa Barbara, California. comply with the instructions of the Captain of the Port or his or her des- (a) Location. The following areas are ignated representative. security zones: All navigable waters, (c) Authority. In addition to 46 U.S.C. from the surface to the sea floor within 70034, the authority for this section in- a 100-yard radius of any cruise ship lo- cludes 46 U.S.C. 70116. cated within 3 nautical miles of the Santa Barbara Harbor Breakwater [COTP Los Angeles-Long Beach 02–006, 67 FR Light (Light List Number 3750; 34–24– 77430, Dec. 18, 2002] 17.364 N, 119–41–16.260W). (b) Definition. ‘‘Cruise ship’’ as used § 165.1156 Safety Zone; Offshore Ma- in this section means any vessel, ex- rine Terminal, El Segundo, CA. cept for a ferry, over 100 feet in length, (a) Location. The following area is a authorized to carry more than 12 pas- safety zone: All waters of Santa sengers for hire; making voyages last- Monica Bay, from surface to bottom, ing more than 24 hours, any part of enclosed by a line beginning at latitude which is on the high seas; and for 33°54′59″ N, longitude 118°26′50″ W; then which passengers are embarked or dis- to latitude 33°54′59″ N, longitude embarked in the U.S. or its territories. 118°27′34″ W; then to latitude 33°54′00″ N, (c) Regulations. (1) Under general se- longitude 118°27′34″ W; then to latitude curity zone regulations in subpart D, 33°54′00″ N, longitude 118°26′50″ W; then entry into or remaining in the zones to the point of beginning (NAD 1983). described in paragraph (a) of this sec- (b) Regulations. (1) In accordance with tion is prohibited unless authorized by the general regulations in § 165.23 of the Coast Guard Captain of the Port this part, entry into or movement (COTP) Los Angeles—Long Beach (LA– within this zone is prohibited except LB), or a designated representative of for: COTP LA–LB.

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(2) Persons desiring to transit the anchor, moor, loiter in, or otherwise area of the security zone may contact impede the transit of any other vessel the COTP LA–LB at telephone number within the regulated navigation area. 1–310–521–3801 or on VHF–FM channel 16 Furthermore, all vessels, with the ex- (156.800 MHz) to seek permission to ception of patrol vessels, shall expedi- transit the area. If permission is grant- tiously and continuously transit the ed, all persons and vessels must comply regulated navigation area via the most with the instructions of the Captain of direct route consistent with naviga- the Port, or his designated representa- tional safety. tive. (2) During periods of vessels congestion within the Copper Canyon area, as [USCG–2011–0906, 77 FR 65623, Oct. 30, 2012] determined by the Captain of the Port § 165.1171 Copper Canyon, Lake or his or her designated on-scene rep- Havasu, Colorado River—Regulated resentative, the regulated navigation Navigation Area. area will be closed to all vessels, with (a) Location. The following is a regu- the exception of patrol vessels. During lated navigation area: designated closure periods, no vessel (1) In the water area of Copper Can- may enter, remain in, or transit yon, Lake Havasu, Colorado River, be- through the regulated navigation area, ginning at the approximate center of with the exception of patrol vessels. the mouth of Copper Canyon and draw- Designation of periods of vessel conges- ing a line down the approximate center tion and announcement of the closure of the canyon extending shoreward to of the regulated navigation area will be the end of the navigable waters of the conducted by broadcast notices to canyon, and comprising a semi-rectan- mariners on VHF-FM Channel 16 no gular area extending 30 feet on each less frequently than every hour for the side of the line, for a total semi-rectan- duration of the closure period. gular width of 60 feet. (3) Each person in the regulated navi- (2) This line is more precisely de- gation area shall comply with the di- scribed as: beginning at latitude rections of the Captain of the Port or 34°25′67.6″ N, longitude 114°18′38.5″ W, his or her designated on-scene rep- thence southwesterly to latitude resentative regarding vessel operation. 34°25′64″ N, longitude 114°18′45.7″ W, [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- thence northwesterly to latitude designated by USCG–2001–9286, 66 FR 33642, 34°25′65.6″ N, longitude 114°18′46.7″ W, June 25, 2001] thence southeasterly to latitude 34°25′60.7″ N, longitude 114°18′42.7″ W, § 165.1181 San Francisco Bay Region, thence southwesterly to longitude California—regulated navigation area. 34°25′51.4″ N, latitude 114°18′46.2″ W, thence southeasterly to latitude (a) Applicability. This section applies 34°25′47.1″ N, longitude 114°18′49.4″ W, to all vessels unless otherwise speci- thence to the end of the navigable fied. waters of the canyon. (b) Deviations. The Captain of the (b) Definitions. For the purposes of Port, San Francisco Bay, or the Com- this section: manding Officer, Vessel Traffic Service (1) Vessel: Every description of San Francisco, as a representative of watercraft, used or capable of being the Captain of the Port, may authorize used as a means of transportation on a deviation from the requirements of the water, and regardless of mode of this regulation when it is deemed nec- power. essary in the interests of safety. (2) Patrol Vessel: Vessels designated (c) Regulated Navigation Areas—(1) by the Captain of the Port, San Diego, San Francisco Bay RNA. (i) The fol- to enforce or assist in enforcing these lowing is a regulated navigation area— regulations, including Coast Guard, The waters bounded by a line con- Coast Guard Auxiliary, and San necting the following coordinates, be- Bernardino County Sheriff’s Depart- ginning at: ment Vessels. 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, (c) Regulations. (1) Vessels, with the 122°31′41″ W; thence along the shoreline to exception of patrol vessels, shall not 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N,

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

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

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stopping its engine(s) for an extended 1600 or more gross tons shall not enter period of time. Pinole Shoal Channel RNA when an- (3) The master, pilot or person direct- other power-driven vessel of 1600 or ing the movement of a vessel within more gross tons or tug with a tow of the RNAs defined in paragraph (c) of 1600 or more gross tons is navigating this regulation shall comply with Rule therein if such entry would result in 9 of the Inland Navigation Rules (INRs) meeting, crossing, or overtaking the (33 CFR subchapter E) in conjunction other vessel, when either vessel is: with the provisions of the associated (A) Carrying certain dangerous car- 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 terminations of traffic lanes or chan- (C) A tank vessel in ballast. nels, as described in this regulation. (iii) Vessels permitted to use this (ii) A power-driven vessel of 1600 or channel shall proceed at a reasonable more gross tons, or a tug with a tow of speed so as not to endanger other ves- 1600 or more gross tons, shall: sels or interfere with any work which (A) Use the appropriate traffic lane may become necessary in maintaining, and proceed in the general direction of surveying, or buoying the channel, and traffic flow for that lane; they shall not anchor in the channel (B) Use the Central Bay Deep Water except in case of a deviation authorized Traffic Lane if eastbound with a draft under paragraph (b) of this section. of 45 feet or greater or westbound with (iv) This paragraph shall not be con- a draft of 28 feet or greater; strued as prohibiting any necessary use (C) Not enter the Central Bay Deep of the channel by any public vessels Water Traffic Lane when another while engaged in official duties, or in power-driven vessel of 1600 or more emergencies by pilot boats. gross tons or tug with a tow of 1600 or (3) Benicia-Martinez Railroad Draw- more gross tons is navigating therein bridge Regulated Navigation Area when either vessel is: (RNA)—(i) Eastbound vessels: (A) The (1) Carrying certain dangerous car- master, pilot, or person directing the goes (as denoted in section 160.202 of movement of a power-driven vessel of this subchapter); 1600 or more gross tons or a tug with a (2) Carrying bulk petroleum prod- tow of 1600 or more gross tons traveling ucts; or eastbound and intending to transit (3) A tank vessel in ballast if such under the lift span (centered at coordi- entry would result in meeting, cross- nates 38°02′18″ N, 122°07′17″ W) of the ing, or overtaking the other vessel. railroad bridge across Carquinez Strait (D) Normally join or leave a traffic at mile 7.0 shall, immediately after en- lane at the termination of the lane, but tering the RNA, determine whether the when joining or leaving from either visibility around the lift span is 1⁄2 nau- side, shall do so at as small an angle to tical mile or greater. the general direction of traffic flow as 1 practicable; (B) If the visibility is less than ⁄2 (E) So far as practicable keep clear of nautical mile, or subsequently becomes the Central Bay Separation Zone and less than 1⁄2 nautical mile, the vessel the Deep Water Traffic Lane Separa- shall not transit under the lift span. tion Zone; (ii) Westbound vessels: (A) The master, (F) Not cross a traffic lane separation pilot, or person directing the move- zone unless crossing, joining, or leav- ment of a power-driven vessel of 1600 or ing a traffic lane. more gross tons or a tug with a tow of (2) Pinole Shoal Channel RNA: (i) A 1600 or more gross tons traveling west- vessel less than 1600 gross tons or a tug bound and intending to transit under with a tow of less than 1600 gross tons the lift span (centered at coordinates is not permitted within this RNA. 38°02′18″ N, 122°07′17″ W) of the railroad (ii) A power-driven vessel of 1600 or bridge across Carquinez Strait at mile more gross tons or a tug with a tow of 7.0 shall, immediately after entering

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the RNA determine whether the visi- § 165.1182 Safety/Security Zone: San bility around the lift span is 1⁄2 nau- Francisco Bay, San Pablo Bay, tical mile or greater. Carquinez Strait, and Suisun Bay, CA. (B) If the visibility is less than 1⁄2 nautical mile, the vessel shall not pass (a) Regulated area. The following area beyond longitude line 121°55′19″ W (co- is established as a moving safety/secu- inciding with the charted position of rity zone: the westernmost end of Mallard Island) (1) All waters 200 yards ahead and until the visibility improves to greater astern and 100 yards to each side of every vessel transporting nuclear ma- than 1⁄2 nautical mile around the lift span. terials on behalf of the United States Department of Energy while such ves- (C) If after entering the RNA visi- sels transit from a line drawn between bility around the lift span subse- San Francisco Main Ship Channel 1 quently becomes less than ⁄2 nautical Lighted Bell Buoy 7 and San Francisco mile, the master, pilot, or person di- Main Ship Channel Lighted Whistle recting the movement of the vessel ei- Buoy 8 (LLNR 4190 & 4195, positions ther shall not transit under the lift 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, span or shall request a deviation from 122°35.2′ W, respectively) until safely the requirements of the RNA as pre- moored at the Weapons Support Facil- scribed in paragraph (b) of this section. ity Seal Beach Detachment Concord on (D) Vessels that are moored or an- Suisun Bay (position 38°03.3′ N, 122°02.5′ chored within the RNA with the intent W). All coordinates referenced use to transit under the lift span shall re- datum: NAD 1983. main moored or anchored until visi- (2) All waters within 100 yards of such bility around the lift span becomes vessels described in paragraph (a)(1) of greater than 1⁄2 nautical mile. this section while such vessels are con- (4) Southampton Shoal/Richmond Har- ducting cargo operations at the Weap- bor RNA: A power-driven vessel of 1600 ons Support Facility Seal Beach De- or more gross tons, or a tug with a tow tachment Concord. of 1600 or more gross tons, shall not (b) Notification. Commander, Elev- enth Coast Guard District, will cause enter Southampton Shoal/Richmond notice of the activation of this safety/ Harbor RNA when another power-driv- security zone to be made by all appro- en vessel of 1600 or more gross tons, or priate means to effect the widest pub- a tug with a tow of 1600 or more gross licity among the affected segments of tons, is navigating therein, if such the public, including publication in the entry would result in meeting, cross- FEDERAL REGISTER as practicable, in ing, or overtaking the other vessel. accordance with the provisions of 33 (5) Oakland Harbor RNA: A power- CFR 165.7(a); such means of announce- driven vessel of 1600 or more gross tons ment may include, but are not limited or a tug with a tow of 1600 or more to, Broadcast Notice to Mariners. The gross tons shall not enter the Oakland Coast Guard will issue a Broadcast No- Harbor RNA when another power-driv- tice to Mariners notifying the public en vessel of 1600 or more gross tons, or when nuclear materials cargo handling a tug with a tow of 1600 or more gross has been completed. tons, is navigating therein, if such (c) Effective Period. The safety/secu- entry would result in meeting, cross- rity zone will be effective commencing ing, or overtaking the other vessel. at the time any vessel described in paragraph (a)(1) of this section enters [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR the zone described in paragraph (a)(1) 30157, June 7, 1995. Redesignated by USCG– of this section and will remain in effect 2001–9286, 66 FR 33642, June 25, 2001, as until all spent nuclear materials cargo amended by USCG–2003–15404, 68 FR 37741, handling operations have been com- June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. pleted at Weapons Support Facility 21, 2004; USCG–2005–21869, 80 FR 5336, Jan. 30, 2015; USCG–2015–0433, 80 FR 44287, July 27, Seal Beach Detachment Concord. 2015] (d) Regulations. The general regulations governing safety and security zones contained in both 33 CFR 165.23

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in 33 CFR 165.33 apply. Entry into, ahead, astern and extending along ei- transit through, or anchoring within ther side of a tanker, cruise ship, or this moving safety/security zone is pro- HVA underway (100 yards when an- hibited unless authorized by Com- chored or moored) within the San mander, Eleventh Coast Guard Dis- Francisco Bay and areas shoreward of trict, or his designated representative. the line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- designated by USCG–2001–9286, 66 FR 33642, and San Francisco Main Ship Channel June 25, 2001; USCG–2015–0433, 80 FR 44287, Lighted Whistle Buoy 8(LLNR 4190 & July 27, 2015] 4195) in positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively. § 165.1183 Security Zones; tankers, (2) Monterey Bay. All waters, extend- cruise ships, and High Value Assets, ing from the surface to the sea floor, San Francisco Bay and Delta Ports, within 500 yards (457 meters) ahead, Monterey Bay and Humboldt Bay, California astern and extending along either side of a tanker, cruise ship, or HVA under- (a) Definitions. The following defini- way (100 yards when anchored or tions apply to these sections— moored) within the Monterey Bay area (1) Cruise ship means any vessel over shoreward of a line drawn between 100 gross register tons, carrying more Santa Cruz Light (LLNR 305) to the than 500 passengers for hire which north in position 36°57.10′ N, 122°01.60′ makes voyages lasting more than 24 W, and Cypress Point, Monterey to the hours, of which any part is on the high south, in position 36°34.90′ N, 121°58.70′ seas. Passengers from cruise ships are W. embarked or disembarked in the U.S. (3) Humboldt Bay. All waters, extend- or its territories. Cruise ships do not ing from the surface to the sea floor, include ferries that hold Coast Guard Certificates of Inspection endorsed for within 500 yards (457 meters) ahead, ‘‘Lakes, Bays and Sounds’’ that transit astern and extending along either side international waters for only short pe- of a tanker, cruise ship, or HVA under- riods of time on frequent schedules. way (100 yards when anchored or (2) High Value Asset means any water- moored) within the Humboldt Bay area side asset of high value including mili- shoreward of a 4 nautical mile radius tary and commercial vessels, or com- line drawn to the west of the Humboldt mercial vessels carrying CDC as de- Bay Entrance Lighted Whistle Buoy ° ′ fined in 33 CFR 160.202, deemed by the HB (LLNR 8130) in position 40 46.25 N, ° ′ Captain of Port, or higher authority, as 124 16.13 W. requiring protection based upon risk (c) Regulations. (1) In accordance with assessment analysis and is therefore the general regulations in § 165.33 of escorted by the Coast Guard or other this part, entry into or remaining in law enforcement vessel with an em- this zone is prohibited unless author- barked Coast Guard commissioned, ized by the Coast Guard Captain of the warrant, or petty officer. Port, San Francisco Bay, or a des- (3) Tanker means any self-propelled ignated representative. tank vessel constructed or adapted pri- (2) Mariners requesting permission to marily to carry oil or hazardous mate- transit through the security zone may rials in bulk in the cargo spaces. request authorization to do so from the (4) Designated representative means Patrol Commander (PATCOM). The any commissioned, warrant, and petty PATCOM may be contacted on VHF– officers of the Coast Guard on board FM Channel 16. Coast Guard, Coast Guard Auxiliary, (3) All persons and vessels shall com- and local, State and Federal law en- ply with the instructions of the Cap- forcement vessels who have been au- tain of the Port or the designated rep- thorized to act on the behalf of the resentative. Captain of the Port. (4) Upon being hailed by U.S. Coast (b) Locations. Guard patrol personnel by siren, radio, (1) San Francisco Bay. All waters, ex- flashing light, or other means, the op- tending from the surface to the sea erator of a vessel shall proceed as di- floor, within 500 yards (457 meters) rected.

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(5) The Coast Guard may be assisted contact the COTP or the COTP’s rep- by other Federal, State, or local agen- resentative to obtain permission to do cies. so. Vessel operators given permission [USCG–2010–1004, 76 FR 20845, Apr. 14, 2011, as to enter or operate in the safety zone amended by USCG–2005–21869, 80 FR 5336, must comply with all directions given Jan. 30, 2015; USCG–2015–0433, 80 FR 44287, to them by the COTP or the COTP’s July 27, 2015] 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, San Pablo Bay, CA. 24-hour Command Center via telephone at (415) 399–3547. (a) Location. This safety zone will apply to the navigable waters in the [USCG–2009–0324, 76 FR 25550, May 5, 2011] San Pablo Bay, and will encompass an area beginning at position 38°01′44″ N, § 165.1185 Regulated Navigation Area; 122°27′06″ W; 38°04′36″ N, 122°22′06″ W; San Francisco Bay, San Pablo Bay, 38°00′35″ N, 122°26′07″ W; 38°03′00″ N, Carquinez Strait, Suisun Bay, Sac- 122°20′20″ W (NAD 83) and back to the ramento River, San Joaquin River, starting point. and connecting waters in Cali- (b) Enforcement. The Coast Guard will fornia. notify the public via a Broadcast No- (a) Location. All waters of San Fran- tice to Mariners prior to the activation cisco Bay, San Pablo Bay, Carquinez of this safety zone. The safety zone will Strait, Suisun Bay, Sacramento River, be activated on average two times per San Joaquin River, and connecting month, but could be activated up to six waters in California are a Regulated times per month. It will be in effect for Navigation Area. approximately three hours from 9 a.m. (b) Definitions. ‘‘Liquefied hazardous to 11:59 p.m. If the exercises conclude gas (LHG)’’ is a liquid containing one prior to the scheduled termination or more of the products listed in Table time, the Coast Guard will cease en- 127.005 of 33 CFR 127.005 that is carried forcement of this safety zone and will in bulk on board a tank vessel as a liq- announce that fact via Broadcast No- uefied gas product. The hazards nor- tice to Mariners. Persons and vessels mally associated with these products may also contact the Coast Guard to include toxic or flammable properties determine the status of the safety zone on VHF–16 or the 24-hour Command or a combination of both. Center via telephone at (415) 399–3547. (c) Regulations. All vessels loaded (c) Definitions. As used in this sec- with a cargo of liquefied hazardous gas tion, designated representative means (LHG) within this Regulated Naviga- a Coast Guard Patrol Commander, in- tion Area must proceed directly to cluding a Coast Guard coxswain, petty their intended cargo reception facility officer, or other officer operating a to discharge their LHG cargo, unless: Coast Guard vessel and a Federal, (1) The vessel is otherwise directed or State, and local officer designated by permitted by the Captain of the Port. or assisting the Captain of the Port The Captain of the Port can be reached San Francisco (COTP) in the enforce- at telephone number (415) 399–3547 or on ment of the safety zone. VHF-FM channel 16 (156.8 MHz). If per- (d) Regulations. (1) Under the general mission is granted, all persons and ves- regulations in § 165.23, entry into, sels must comply with the instructions transiting, or anchoring within the of the Captain of the Port or his or her safety zone is prohibited unless author- designated representative. ized by the COTP or the COTP’s des- (2) The vessel is in an emergency sit- ignated representative. uation and unable to proceed as di- (2) The safety zone is closed to all rected in paragraph (a) of this section vessel traffic, except as may be permitted by the COTP or the COTP’s des- without endangering the safety of per- ignated representative. sons, property, or the environment. (3) Vessel operators desiring to enter [CGD11 04–001, 69 FR 30206, May 27, 2004] or operate within the safety zone must

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§ 165.1187 Security Zones; Golden Gate Mormon Slough is defined as all waters Bridge and the San Francisco-Oak- Eastward from the connection of co- land Bay Bridge, San Francisco ordinates 37°57′02.13″ North, 121°18′49.55″ Bay, California. West and 37°57′01.11″ North, 121°18′46.75″ (a) Location. All waters extending West (NAD 83). from the surface to the sea floor, with- (c) Each person in a safety zone who in 25 yards of all piers, abutments, has notice of a lawful order or direc- fenders and pilings of the Golden Gate tion shall obey the order or direction of Bridge and the San Francisco-Oakland the Captain of the Port (COTP) or Dis- Bay Bridge, in San Francisco Bay, trict Commander issued to carry out California. the purposes of this subpart. (b) Regulations. (1) In accordance with (d) The Coast Guard may be assisted the general regulations in § 165.33 of in enforcing this rule by other Federal, this part, entry into these security state, or local agencies. zones is prohibited, unless doing so is necessary for safe navigation, to con- [USCG–2013–0196, 78 FR 60220, Oct. 1, 2013. Re- duct official business such as scheduled designated by USCG–2014–0410, 79 FR 38448, maintenance or retrofit operations, or July 7, 2014] unless specifically authorized by the Captain of the Port San Francisco Bay § 165.1190 Security Zone; San Fran- or his designated representative. cisco Bay, Oakland Estuary, Ala- meda, CA. (2) Persons desiring to transit the area of the security zone may contact (a) Location. The following area is a the Captain of the Port at telephone security zone: All navigable waters of number 415–399–3547 or on VHF-FM the Oakland Estuary, California, from channel 16 (156.8 MHz) to seek permis- the surface to the sea floor, approxi- sion to transit the area. If permission mately 50 yards into the Oakland Estu- is granted, all persons and vessels must ary surrounding the Coast Guard Island comply with the instructions of the Pier. The perimeter of the security Captain of the Port or his or her des- zone follows the same perimeter as the ignated representative. floating security barrier installed (c) Enforcement. All persons and ves- around the Coast Guard Island pier. sels shall comply with the instructions The perimeter of the security barrier is of the Coast Guard Captain of the Port located along the following coordi- or the designated on-scene patrol per- nates: commencing at a point on land sonnel. Patrol personnel comprise com- approximately 50 yards northwest of missioned, warrant, and petty officers the northwestern end of the Coast of the Coast Guard onboard Coast Guard Island Pier at latitude Guard, Coast Guard Auxiliary, local, 37°46′53.60″ N and longitude 122°15′06.10″ state, and federal law enforcement ves- W; thence to the edge of the navigable sels. Upon being hailed by U.S. Coast channel at latitude 37°46′51.83″ N and Guard patrol personnel by siren, radio, longitude 122°15′07.47″ W; thence to a flashing light, or other means, the op- position approximately 10 yards into erator of a vessel shall proceed as di- the charted navigation channel at lati- rected. tude 37°46′51.27″ N and longitude [COTP San Francisco Bay 03–029, 69 FR 11316, 122°15′07.22″ W; thence closely paral- Mar. 10, 2004] leling the edge of the charted navigation channel to latitude 37°46′46.75″ N § 165.1188 Safety Zone; Old Mormon and longitude 122°15′00.21″ W; thence Slough, Stockton California. closely paralleling the edge of the (a) General. This safety zone is estab- charted navigation channel to a point lished to protect environmental reha- approximately 20 yards into the bilitation efforts and prevent vessels charted navigation channel at latitude from disturbing the sediment cap at 37°46′42.36″ N and longitude 122°14′51.55″ Old Mormon Slough. W; thence to a point on land approxi- (b) Regulation. All vessels and per- mately 50 yards southeast of the south- sonnel not associated with the EPA are eastern end of the Coast Guard Island prohibited from entering into and Pier at latitude 37°46′44.80″ N and lon- transiting Old Mormon Slough. Old gitude 122°14′48.80″ W; thence northwest

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along the shoreline back to the begin- Guard; other Federal, state, or local ning point. law enforcement; and any public or (b) Regulations. (1) Under § 165.33, sponsor-provided vessels assigned or entry into or remaining in this zone is approved by the cognizant Coast Guard prohibited unless authorized by the Sector Commander to patrol each Coast Guard Captain of the Port, San event. Francisco Bay, or his designated rep- (1) No spectator shall anchor, block, resentative. loiter, nor impede the through transit (2) Persons desiring to transit the of participants or official patrol vessels area of the security zone may contact in the safety zone during all applicable the Captain of the Port at telephone effective dates and times unless cleared number 415–399–3547 or on VHF-FM to do so by or through an official pa- channel 16 (156.8 MHz) to seek permis- trol vessel. sion to transit the area. If permission (2) When hailed and/or signaled by an is granted, all persons and vessels must official patrol vessel, any spectator lo- comply with the instructions of the cated within a safety zone during all Captain of the Port or his designated applicable effective dates and times representative. shall come to an immediate stop. (c) Enforcement. The Captain of the (3) The Patrol Commander Port will enforce this security zone and (PATCOM) is empowered to forbid and may be assisted in the patrol and en- control the movement of all vessels in forcement of this security zone by any the safety zone. The Patrol Com- Federal, State, county, municipal, or mander shall be designated by the cog- private agency. nizant Coast Guard Sector Commander; [COTP San Francisco Bay 05–006, 70 FR 48874, will be a U.S. Coast Guard commis- Aug. 22, 2005] sioned officer, warrant officer, or petty officer to act as the Sector Com- § 165.1191 Northern California and mander’s official representative; and Lake Tahoe Area Annual Fireworks will be located aboard the lead official Events. patrol vessel. As the Sector Com- (a) General. Safety zones are estab- mander’s representative, the PATCOM lished for the events listed in Table 1 of may terminate the event any time it is this section. Further information on deemed necessary for the protection of exact dates, times, and other details life and property. PATCOM may be concerning the exact geographical de- reached on VHF–FM Channel 13 scription of the areas are published by (156.65MHz) or 16 (156.8MHz) when re- the Eleventh Coast Guard District in quired, by the call sign ‘‘PATCOM’’. the Local Notice to Mariners at least (4) The Patrol Commander may, upon 20 days prior to the event. request, allow the transit of commer- (b) Regulations. All persons and ves- cial vessels through the safety zone sels not registered with the sponsor as when it is safe to do so. participants or as official patrol ves- (5) The Coast Guard may be assisted sels are considered spectators. The by other Federal, state, or local agen- ‘‘official patrol’’ consists of any Coast cies.

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

1. San Francisco Giants Fireworks

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

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TABLE 1 TO § 165.1191—Continued [All coordinates referenced use datum NAD 83] 2. [Reserved]

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, Crescent City, CA. Regulated Area ...... Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the West Jetty.

5. Pillar Point Harbor Fireworks

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

6. Fourth of July Fireworks, Redwood City

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

7. San Francisco Independence Day Fireworks

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

8. Fourth of July Fireworks, Berkeley Marina

Sponsor ...... Berkeley Marina. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... A barge located near Berkeley Pier at approximately 37°51′40″ N., 122° 19′19″ W. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

9. Fourth of July Fireworks, City of Richmond

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... A barge located in Richmond Harbor in approximate position 37°54′40″ N., 122°21′05″ W., Richmond, CA.

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TABLE 1 TO § 165.1191—Continued [All coordinates referenced use datum NAD 83] Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display.

10. Fourth of July Fireworks, City of Sausalito

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

11. Fourth of July Fireworks, City of Martinez

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

12. Fourth of July Fireworks, City of Antioch

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

13. Fourth of July Fireworks, City of Pittsburg

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

14. Delta Independence Day Celebration Fireworks

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

15. Fourth of July Fireworks, Tahoe City, CA

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

16. Fourth of July Fireworks, Glenbrook NV

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off-shore Glenbrook Beach, NV.

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TABLE 1 TO § 165.1191—Continued [All coordinates referenced use datum NAD 83] Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

17. Independence Day Fireworks, Kings Beach, CA

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

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

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

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

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

20. Labor Day Fireworks, South Lake Tahoe, CA

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

21. Fleet Week Fireworks

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

22. Monte Foundation Fireworks

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

23. Rio Vista Bass Derby Fireworks

Sponsor ...... Rio Vista Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... Second Saturday in October. Location ...... 500 feet off Rio Vista, CA waterfront.

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24. San Francisco New Years Eve Fireworks

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

25. Sacramento New Years Eve Fireworks

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

26. Jameson Beach Fourth of July Fireworks

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

27. Feast of Lanterns Fireworks

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

28. Execpro Services Fourth of July Fireworks

Sponsor ...... Execpro Services Inc. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Off-shore from Incline Village, NV. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

29. Monte Foundation Fireworks, Lake Tahoe

Sponsor ...... Monte Foundation. Event Description ...... Fireworks Display. Date ...... Week of Labor Day. Location ...... Carnelian Bay, Lake Tahoe, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

30. Sausalito Lighted Boat Parade Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... A Saturday or Sunday in December. Location ...... Off-shore from Sausalito Point, Sausalito, CA.

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TABLE 1 TO § 165.1191—Continued [All coordinates referenced use datum NAD 83] Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

[USCG–2009–0559, 76 FR 50675, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9093, Feb. 18, 2014; USCG–2016–0154, 81 FR 70943, Oct. 14, 2016; USCG–2016–0836, 82 FR 15636, Mar. 30, 2017]

§ 165.1192 Security Zones; Waters sur- Latitude Longitude rounding San Francisco Inter- 37°41′53″ N 122°12′44″ W national Airport and Oakland Inter- 37°41′35″ N 122°12′18″ W national Airport, San Francisco 37°41′46″ N 122°12′08″ W Bay, California. 37°42′03″ N 122°12′34″ W 37°42′08″ N 122°12′32″ W (a) Locations. The following areas are 37°42′35″ N 122°12′30″ W security zones: 37°42′40″ N 122°12′06″ W (1) San Francisco International Airport Security Zone. This security zone in- and along the shoreline back to the be- cludes all waters extending from the ginning point. surface to the sea floor within approxi- (b) Regulations. (1) Under § 165.33, en- mately 200 yards seaward from the tering, transiting through, or anchor- shoreline of the San Francisco Inter- ing in this zone is prohibited unless au- national Airport and encompasses all thorized by the Coast Guard Captain of waters in San Francisco Bay within a the Port, San Francisco Bay, or his line connecting the following geo- designated representative. graphical positions— (2) Persons desiring to transit the area of a security zone may contact the Latitude Longitude Captain of the Port at telephone num- 37°36′19″ N 122°22′36″ W ber 415–399–3547 or on VHF-FM channel 37°36′45″ N 122°122′18″ W 16 (156.8 MHz) to seek permission to 37°36′26″ N 122°21′30″ W 37°36′31″ N 122°21′21″ W transit the area. If permission is grant- 37°36′17″ N 122°20′45″ W ed, all persons and vessels must comply 37°36′37″ N 122°20′40″ W with the instructions of the Captain of 37°36′50″ N 122°21′08″ W the Port or his or her designated rep- 37°37′00″ N 122°21′12″ W 37°37′21″ N 122°21′53″ W resentative. 37°37′39″ N 122°21′44″ W (c) Enforcement. All persons and ves- 37°37′56″ N 122°21′51″ W sels shall comply with the instructions 37°37′50″ N 122°22′20″ W 37°38′25″ N 122°22′54″ W of the Coast Guard Captain of the Port 37°38′23″ N 122°23′01″ W or the designated on-scene patrol personnel. Patrol personnel comprise com- and along the shoreline back to the be- missioned, warrant, and petty officers ginning point. of the Coast Guard onboard Coast (2) Oakland International Airport Secu- Guard, Coast Guard Auxiliary, local, rity Zone. This security zone includes state, and federal law enforcement ves- all waters extending from the surface sels. Upon being hailed by U.S. Coast to the sea floor within approximately Guard patrol personnel by siren, radio, 200 yards seaward from the shoreline of flashing light, or other means, the op- the Oakland International Airport and erator of a vessel shall proceed as di- encompasses all waters in San Fran- rected. cisco Bay within a line connecting the [COTP San Francisco Bay 03–009, 69 FR 34282, following geographical positions— June 21, 2004]

Latitude Longitude § 165.1195 Regulated Navigation Area; 37°43′35″ N 122°15′00″ W Humboldt Bay Bar Channel and 37°43′40″ N 122°15′05″ W Humboldt Bay Entrance Channel, 37°43′34″ N 122°15′12″ W Humboldt Bay, California. 37°43′24″ N 122°15′11″ W 37°41′54″ N 122°13′05″ W (a) Location. The Regulated Naviga- 37°41′51″ N 122°12′48″ W tion Area (RNA) includes all navigable

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waters of the Humboldt Bay Bar Chan- pendent on environmental and safety nel and the Humboldt Bay Entrance factors, including but not limited to: Channel, Humboldt Bay, California. Sea state, winds, visibility, size and (b) Definitions. As used in this sec- type of vessel or tow, wave period, time tion— of day/night, and tidal currents. The COTP means the Captain of the Port final decision to close the bar rests as defined in Title 33, Code of Federal with Humboldt Bay Sector Commander Regulations, Section 1.01–30 and 3.55–20. or his designated representative. At a Sector means Coast Guard Sector/Air minimum, Humboldt Bay Bar Channel Station Humboldt Bay. crossings by vessels subject to this ad- Sector Commander means the Com- visory will generally not be permitted manding Officer of Coast Guard Sector/ unless all of the following conditions Air Station Humboldt Bay. exist: Proper permission to cross has Hazardous material means any of the been received, sea conditions at the bar materials or substances listed in 46 are less than 6 feet, winds at the bar CFR 153.40. are less than 30 knots, the transit will Humboldt Bay Area means the area take place during daylight hours, the described in the location section of this vessel has only a single tow or no tow, regulation. the visibility at the bar is greater than 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. Tank Vessel means any vessel that is If the waiver request is made between constructed or adapted to carry, or 6:30 a.m. and 10 p.m., the request that carries, oil or hazardous material should be made to Station Humboldt in bulk as cargo or cargo residue. Bay on VHF-FM Channel 16, or at (707) (c) Applicability. These regulations 443–2213. If between 10 p.m. and 6:30 apply to the owners and operators of a.m., or if unable to reach the Station, tank vessels transporting oil or haz- the request can be made directly to ardous material as cargo within the Sector/Air Station Humboldt Bay on Humboldt Bay Area. VHF-FM Channel 16 or at (707) 839–6113. (d) Regulations. (1) In addition to the Waiver requests must be made by the arrival and departure notification re- vessel master and must provide the fol- quirements listed in title 33 CFR, part lowing: A description of the proposed 160, Ports and Waterways Safety—Gen- operation, the conditions for which the eral, subpart C—Notifications of ‘‘Ar- waiver is requested, the reasons for re- rivals, Departures, Hazardous Condi- questing the waiver, the reasons that tions, and Certain Dangerous Cargoes’’, the requester believes the proposed op- the owner, master, agent or person in eration can be accomplished safely, charge of a vessel to which this notice and a callback phone number. The Sta- applies shall obtain permission to cross tion or Sector Watchstander receiving within four hours of crossing the Hum- the request will brief the Officer in boldt Bay Bar. Between 6:30 a.m. and 10 Charge of the Station who will then p.m., notification/requests for permis- brief the Sector Commander. The au- sion can be made to Station Humboldt thority to grant waivers rests with the Bay on VHF-FM Channel 16, or at (707) Sector Commander or his designated 443–2213. If between 10 p.m. and 6:30 representative. a.m., or if unable to reach the Station, (4) In addition to the requirements in notification/requests for permission paragraphs (d)(1)–(3) of this section, can be made directly to Sector/Air Sta- vessels transporting liquefied haz- tion Humboldt Bay on VHF-FM Chan- ardous gases or compressed hazardous nel 16 or at (707) 839–6113. gases in bulk as cargo into or out of (2) Permission for a bar crossing by Humboldt Bay are required to be aided vessels or towing vessels and their tows by two assist tugs. If the vessel car- to which this regulation applies is de- rying the gases is towed, the assist tug

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requirement is in addition to the tow- the sea floor within approximately 100 ing tug. The assist tugs shall escort the yards of the Chevron Long Wharf, vessel through its transit and must be Richmond, CA, and encompasses all stationed so as to provide immediate waters in San Francisco Bay within a assistance in response to the loss of line connecting the following geo- power or steering of the cargo vessel, graphical positions— its towing tug, or loss of control over the tow. Latitude Longitude (5) Vessels to which this regulation 37°55′52.2″ N 122°24′04.7″ W applies may be required by the Sector 37°55′41.8″ N 122°24′07.1″ W Commander or his designated rep- 37°55′26.8″ N 122°24′35.9″ W 37°55′47.1″ N 122°24′55.5″ W resentative to be escorted by a Coast 37°55′42.9″ N 122°25′03.5″ W Guard vessel during their transit. In 37°55′11.2″ N 122°24′32.8″ W addition, if a vessel master, agent, or 37°55′14.4″ N 122°24′27.5″ W 37°55′19.7″ N 122°24′23.7″ W pilot has concerns about the safety of a 37°55′22.2″ N 122°24′26.2″ W vessel’s transit through the Humboldt 37°55′38.5″ N 122°23′56.9″ W Bay Entrance Channel, a Coast Guard 37°55′47.8″ N 122°23′53.3″ W escort may be requested. Requests for an escort should be directed to Station and along the shoreline back to the be- on VHF-FM channel 16 or at (707) 443– ginning point. 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 38°03′21.8″ N 122°15′29.8″ W any Federal, State, county, and munic- 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 38°03′18.6″ N 122°15′45.2″ W vessels shall comply with the instruc- 38°03′04.0″ N 122°15′42.0″ W tions of the Sector Commander or the designated on-scene patrol personnel. and along the shoreline back to the be- Patrol personnel comprise commis- ginning point. sioned, warrant, and petty officers of (3) Shell Terminal, Carquinez Strait. the Coast Guard onboard Coast Guard, This security zone includes all waters Coast Guard Auxiliary, local, State, extending from the surface to the sea and Federal law enforcement vessels. floor within approximately 100 yards of Upon being hailed by U.S. Coast the Shell Terminal, Martinez, CA, and Guard patrol personnel by siren, radio, encompasses all waters in San Pablo flashing light, or other means, the op- Bay within a line connecting the fol- erator of a vessel shall proceed as di- lowing geographical positions— rected. [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.

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(4) Amorco Pier, Carquinez Strait. This in paragraph (a) of this section is pro- security zone includes all waters ex- hibited, unless specifically authorized tending from the surface to the sea by the Captain of the Port San Fran- floor within approximately 100 yards of cisco Bay, or his designated representa- the Amorco Pier, Martinez, CA, and en- tive. compasses all waters in the Carquinez (2) Persons desiring to transit the Strait within a line connecting the fol- area of a security zone may contact the lowing geographical positions— Captain of the Port at telephone number 415–399–3547 or on VHF-FM channel Latitude Longitude 16 (156.8 MHz) to seek permission to 38°02′03.1″ N 122°07′11.9″ W transit the area. If permission is grant- 38°02′05.6″ N 122°07′18.9″ W ed, all persons and vessels must comply 38°02′07.9″ N 122°07′14.9″ W 38°02′13.0″ N 122°07′19.4″ W with the instructions of the Captain of 38°02′05.7″ N 122°07′35.9″ W the Port or his designated representa- 38°02′00.5″ N 122°07′31.1″ W tive. ° ′ ″ ° ′ ″ 38 02 01.8 N 122 07 27.3 W (c) Enforcement. The U.S. Coast Guard 38°01′55.0″ N 122°07′11.0″ W may be assisted in the patrol and enforcement of these security zones by and along the shoreline back to the be- federal, state and local law enforce- ginning point. (5) Valero, Carquinez Strait. This secu- ment as necessary. rity zone includes all waters extending [COTP San Francisco Bay 05–007, 71 FR 12138, from the surface to the sea floor within Mar. 9, 2006] approximately 100 yards of the Valero Pier, Benicia, CA, and encompasses all § 165.1198 Safety zone; Military Ocean waters in the Carquinez Strait within a Terminal Concord Safety Zone, Suisun Bay, Military Ocean Ter- line connecting the following geo- minal Concord, CA. graphical positions— (a) Location. This safety zone is es- Latitude Longitude tablished in the navigable waters of Suisun Bay near Military Ocean Ter- 38°02′37.6″ N 122°07′51.5″ W 38°02′34.7″ N 122°07′48.9″ W minal Concord, CA (MOTCO) as de- 38°02′44.1″ N 122°07′34.9″ W picted in National Oceanic and Atmos- 38°02′48.0″ N 122°07′37.9″ W pheric Administration (NOAA) Chart 38°02′47.7″ N 122°07′42.1″ W 18656. Upon commencement of military onloads and offloads, the safety zone and along the shoreline back to the be- will encompass the navigable waters in ginning point. the area between 500 yards of MOTCO (6) Avon Pier, Suisun Bay. This secu- Pier 2 in position 38°03′30″ N, 122°01′14″ rity zone includes all waters extending W (NAD 83) as depicted in National from the surface to the sea floor within Oceanic and Atmospheric Administra- approximately 100 yards of the Avon tion (NOAA) Chart 18656 (the perimeter Pier, Martinez, CA, and encompasses of the existing security zone) and 3,000 all waters in Suisun Bay within a line yards of the pier. connecting the following geographical (b) Enforcement period. The zone de- positions— scribed in paragraph (a) of this section Latitude Longitude will be enforced during all military onload and offload operations. The Cap- 38°02′24.6″ N 122°04′52.9″ W 38°02′54.0″ N 122°05′19.5″ W tain of the Port San Francisco (COTP) 38°02′55.8″ N 122°05′16.1″ W will notify the maritime community of 38°03′02.1″ N 122°05′19.4″ W periods during which this zone will be 38°02′55.1″ N 122°05′42.6″ W 38°02′48.8″ N 122°05′39.2″ W enforced via actual notice on-scene 38°02′52.4″ N 122°05′27.7″ W during military onloads and offloads. 38°02′46.5″ N 122°05′22.4″ W (c) Regulations. (1) The safety zone is open to all persons and vessels for tran- and along the shoreline back to the be- sitory use. ginning point. (2) Persons and vessels operating (b) Regulations. (1) In accordance with within the safety zone may not anchor the general regulations in § 165.33, or otherwise loiter within the safety entry into the security zones described zone.

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(3) Vessel operators desiring to an- this section will be in force during ac- chor or otherwise loiter within the tive military onloading and/or off- safety zone must contact Sector San loading operations and at any time a Francisco Vessel Traffic Service at vessel loaded with munitions is present (415) 556–2760 or VHF Channel 14 to ob- at a pier. tain permission. (2) When one or more piers are in- (4) All persons and vessels transiting volved in onload or offload operations through or operating within the safety at the same time, there will be a 500- zone must comply with all directions yard security zone for each involved given to them by the COTP or a designated representative. pier. (5) The public can contact Sector San (3) Under the general regulations in Francisco Bay at (415) 399–3530 to ob- subpart D of this part, entry into, tain information concerning enforce- transiting or anchoring within the se- ment of this rule. curity zone(s) described in paragraph (d) Enforcement. All persons and ves- (a) of this section is prohibited during sels must comply with the instructions times of enforcement unless authorized of the COTP or the designated on-scene by the COTP or a designated represent- patrol personnel. Patrol personnel ative. comprise commissioned, warrant, and (4) Vessel operators desiring to enter petty officers of the Coast Guard on- or operate within the security zone(s) board Coast Guard, Coast Guard Auxil- during times of enforcement must con- iary, local, state, and federal law en- tact the COTP or a designated rep- forcement vessels. The U.S. Coast resentative on VHF–16 or through the Guard may be assisted in the patrol 24-hour Command Center at telephone and enforcement of the safety zone by (415) 399–3547 to obtain permission to do local law enforcement and the MOTCO so. Vessel operators given permission police as necessary. Upon being hailed to enter or operate in the security by U.S. Coast Guard patrol personnel zone(s) must comply with all directions by siren, radio, flashing light, or other means, the operator of a vessel must given to them by the COTP or a des- proceed as directed. ignated representative. (5) Upon being hailed by the COTP or [USCG–2012–1008, 78 FR 5720, Jan. 28, 2013] designated representative by siren, § 165.1199 Security Zones; Military radio, flashing light, or other means, Ocean Terminal Concord (MOTCO), the operator of a vessel approaching Concord, California. the security zone(s) must proceed as di- (a) Location. The security zone(s) re- rected to avoid entering the security side(s) within the navigable waters of zone(s). Suisun Bay, California, extending from (d) Notice of enforcement or suspension the surface to the sea floor, within 500 of enforcement of security zone(s). During yards of the three Military Ocean Ter- periods that one or more security zones minal Concord (MOTCO) piers in Con- are enforced, the COTP or a designated cord, California. representative will issue a Broadcast (b) Definitions. As used in this sec- Notice to Mariners and/or notify mari- tion, ‘‘designated representative’’ ners via actual notice on-scene. In ad- means any Coast Guard commissioned, dition, COTP maintains a telephone warrant, or petty officer or any Fed- line that is maintained 24 hours a day, eral, state, or local law enforcement of- 7 days a week. The public can contact ficer who has been designated by the COTP at (415) 399–3547 to obtain infor- Captain of the Port San Francisco mation concerning enforcement of this (COTP) to act on the COTP’s behalf. section. When the security zones are no The COTP’s representative may be on a longer needed, the COTP or designated Coast Guard vessel, a Coast Guard Aux- representative will cease enforcement iliary vessel, a Federal, state, or local of the security zones. Upon suspension law enforcement vessel, or a location of enforcement, all persons and vessels on shore. (c) Regulations. (1) The security are granted general permissions to zone(s) described in paragraph (a) of

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enter, move within, and exit the secu- (3) Creating an excessive wake. rity zones, but should remain cog- (b) Regulated area. All navigable nizant of the applicable restricted area waters, as defined in 33 CFR 2.36, with- designated in 33 CFR 334.1110. in the Captain of the Port Zone, Los [USCG–2015–0330, 81 FR 37516, June 10, 2016] Angeles–Long Beach, California 33 CFR 3.55–10. § 165.11731 Security Zone: Escorted (c) Security zone. A 500-yard security Vessels, Los Angeles-Long Beach, zone is established around each es- CA, 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 Los when the escorted vessel is in transit Angeles–Long Beach, CA (LALB). 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 officers and other officers operating the boundary of the regulated area in Coast Guard vessels, and Federal, this section. State, and local officers designated by (d) Regulations. (1) The general regu- or assisting the COTP, in the enforce- lations for security zones contained in ment of the security zone. § 165.33 apply to this section. Escorted vessel means a vessel, other (2) A vessel may request the permis- than a large U.S. naval vessel as de- sion of the COTP LALB or a designated fined in § 165.2015, that is accompanied representative to enter the security by one or more Coast Guard assets or zone described in paragraph (c) of this other Federal, State or local law en- section. If permitted to enter the secu- forcement agency assets clearly identi- rity zone, a vessel must proceed at the fiable by lights, vessel markings, or minimum safe speed and must comply with agency insignia as listed below: with the orders of the COTP or a des- (1) Coast Guard surface or air asset ignated representative. displaying the Coast Guard insignia. (e) Notice of security zone. The COTP (2) State and/or local law enforce- will inform the public of the existence ment asset displaying the applicable or status of the security zones around agency markings and/or equipment as- escorted vessels in the regulated area sociated with the agency. (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 LALB may be reached via phone at wake. Due to the different speeds at (310) 521–3801. Any on scene Coast which vessels of different sizes and con- Guard or designated representative as- figurations may travel while in compli- sets may be reached via VHF–FM chan- ance with this definition, no specific nel 16. speed is assigned to minimum safe speed. In no instance should minimum [USCG–2015–0880, 80 FR 60805, Oct. 8, 2015] safe speed be interpreted as a speed less than that required for a particular vessel to maintain steerageway. A vessel is not proceeding at minimum safe speed if it is: (1) On a plane; (2) In the process of coming up onto or coming off a plane; or

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TWELFTH COAST GUARD DISTRICT lights and shapes required by Part 81 of [RESERVED] this title (72 COLREGS), display at the end of the net most distant from the THIRTEENTH COAST GUARD DISTRICT vessel on all-round (32-point) white light visible for a minimum of two nau- § 165.1301 Puget Sound and Adjacent Waters in Northwestern Wash- tical miles and displayed from at least ington—Regulated Navigation Area. three feet above the surface of the The following is a regulated naviga- water. tion area—All of the following north- (3) Vessels engaged in fishing, includ- western Washington waters under the ing gillnet and purse seine fishing, are jurisdiction of the Captain of the Port, prohibited in the following Prohibited Puget Sound: Puget Sound, Hood Fishing Area: The Hood Canal Bridge, Canal, Possession Sound, Elliott Bay, to include the waters within a one-half Commencement Bay, the San Juan Ar- nautical mile radius of the center of chipelago, Rosario Strait, Guemes the main ship channel draw span dur- Channel, Bellingham Bay, U.S. waters ing the immediate approach and tran- of the Strait of the Strait of Juan de sit of the draw by public vessels of the Fuca, Haro Strait, Boundary Pass, and United States. Georgia Strait, and all lesser bays and (4) East of New Dungeness, vessels harbors adjacent to the above. engaged in fishing in a traffic lane or (a) Definitions as used in this sec- connecting precautionary area shall tion: tend nets or other gear placed in the (1) Vessels engaged in fishing are as water so as to facilitate the movement identified in the definition found in of the vessel or gear from the traffic Rule 3 of the International Regulations lane or precautionary area upon the for Prevention of Collisions at Sea, approach of a vessel following the TSS. 1972, (72 COLREGS), found in appendix (d) Congested Regulations: The provi- A, part 81 of this chapter. sions under this paragraph apply only (2) Hazardous levels of vessel traffic when imposed in specific locations by congestion are as defined at the time by Puget Sound Vessel Traffic Service. Puget Sound Vessel Traffic Service. They are intended to enhance vessel (b) Nothing in this section shall be traffic safety during periods and in lo- construed as relieving any party from cations where hazardous levels of ves- their responsibility to comply with ap- sel traffic congestion are deemed to plicable rules set forth in the 72 exist by Puget Sound Vessel Traffic COLREGS. Service. Operations potentially cre- (c) General Regulations: The provi- ating vessel traffic congestion include, sions of this paragraph apply at all but are not limited to, vessels engaged times. (1) Vessels engaged in fishing or in fishing, including gillnet or purse other operations—that are distinct seine, recreational fishing derbies, re- from vessels following a TSS or a con- gattas, or permitted marine events. necting precautionary area east of New (1) Vessels engaged in fishing or Dungeness and which are not required other operations—that are distinct by the Bridge to Bridge Radiotelephone from vessels following a Traffic Sepa- Regulations to maintain a listening ration Scheme (TSS) or a connecting watch, are highly encouraged to main- precautionary area east of New Dunge- tain a listening watch on the Puget ness, may not remain in, nor their gear Sound Vessel Traffic Service (PSVTS) remain in, a traffic lane or a con- VHF-FM radio frequency for the area necting precautionary area east of New in which the vessel is operating. A safe Dungeness when a vessel following a alternative to the radio listening TSS approaches. Such vessels not fol- watch is to stay clear of the TSS and lowing a TSS or a connecting pre- connecting precautionary area. cautionary area shall draw in their (2) Vessels engaged in gill net fishing gear, maneuver, or otherwise clear at any time between sunset and sunrise these areas so that their action is com- in any of the waters defining the regu- plete at least fifteen minutes before lated navigation are of this section the arrival of a vessel following the shall, in addition to the navigation TSS. Vessels which are required by this

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paragraph to remain clear of a con- § 165.1302 Bangor Naval Submarine necting precautionary area east of New Base, Bangor, WA. Dungeness or a traffic lane must also (a) Location. The following is a secu- remain clear of the adjacent separation rity zone: The waters of the Hood zone when in a TSS east of New Dunge- Canal encompassed by a line com- ness. mencing on the east shore of Hood (2) A vessel following the TSS may Canal at latitude 47°43′17″ N., longitude not exceed a speed of 11 knots through 122°44′44″ W., thence to latitude 47°43′32″ the water. N., longitude 122°44′40″ W.; thence to (3) Vessels engaged in fishing, includ- latitude 47°43′50″ N., longitude 122°44′40″ ing gillnet and purse seine fishing, are W.; thence to latitude 47°44′24″ N., lon- prohibited in the following Prohibited gitude 122°44′22″ W.; thence to latitude Fishing Area: Edmonds/Kingston ferry 47°45′47″ N., longitude 122°43′22″ W.; crossing lanes, to include the waters thence to latitude 47°46′23″ N., lon- within one-quarter nautical mile on ei- gitude 122°42′42″ W.; thence to latitude ther side of a straight line connecting 47°46′23″ N., longitude 122°42′20″ W.; the Edmonds and Kingston ferry land- thence to latitude 47°46′20″ N., lon- ings during the hours that the ferry is gitude 122°42′12″ W.: thence southerly operating. along the shoreline to the point of be- (e) Authorization to deviate from ginning. this section. (b) Security zone anchorage. The fol- (1) Commander, Thirteenth Coast lowing is a security zone anchorage: Guard District may, upon written re- Area No. 2. Waters of Hood Canal with- quest, issue an authorization to deviate in a circle of 1,000 yards diameter cen- from this section if the proposed devi- tered on a point located at latitude ation provides a level of safety equiva- 47°46′26″ N., longitude 122°42′49″ W. lent to or beyond that provided by the (c) Special Regulations. (1) Section required procedure. An application for 165.33 paragraphs, (a), (e), and (f) do not authorization must state the need for apply to the following vessels or indi- the deviation and describe the proposed viduals on board those vessels: alternative operation. (i) Public vessels of the United (2) PSVTS may, upon verbal request, States, other than United States Naval authorize a deviation from this section vessels. for a voyage, or part of a voyage, if the (ii) Vessels that are performing work proposed deviation provides a level of at Naval Submarine Base Bangor pur- safety equivalent to or beyond that suant to a contract with the United provided by the required procedure. States Navy which requires their pres- The deviation request must be made ence in the security zone. well in advance to allow the requesting (iii) Any other vessels or class of ves- vessel and the Vessel Traffic Center sels mutually agreed upon in advance (VTC) sufficient time to assess the by the Captain of the Port and Com- safety of the proposed deviation. Dis- manding Officer, Naval Submarine cussions between the requesting vessel Base Bangor. Vessels operating in the and the VTC should include, but are security zone under this exemption not limited to, information on vessel must have previously obtained a copy handling characteristics, traffic den- of a certificate of exemption permit- sity, radar contracts, and environ- ting their operation in the security mental conditions. zone from the Security Office, Naval (3) In an emergency, the master, Submarine Base Bangor. This written pilot, or person directing the move- exemption shall state the date(s) on ment of the vessel following the TSS which it is effective and may contain may deviate from this section to the any further restrictions on vessel oper- extent necessary to avoid endangering ations within the security zone as have persons, property, or the environment, been previously agreed upon by the and shall report the deviation to the Captain of the Port and Commanding VTC as soon as possible. Officer, Naval Submarine Base Bangor. [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] The certificate of exemption shall be

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maintained on board the exempted ves- quest, authorize a onetime deviation sel so long as such vessel is operating from paragraph (c)(1) of this section for in the security zone. a voyage, or part of a voyage, if the (2) Any vessel authorized to enter or proposed deviation provides a level of remain in the security zone may an- safety equivalent to or beyond that chor in the security zone anchorage. provided by the required procedure. (3) Other vessels desiring access to The deviation request must be made this zone shall secure permission from well in advance to allow the requesting the Captain of the Port through the Se- vessel and the Vessel Traffic Center curity Office of the Naval Submarine (VTC) sufficient time to assess the Base Bangor. The request shall be for- safety of the proposed deviation. Dis- warded in a timely manner to the Cap- cussions between the requesting vessel tain of the Port by the appropriate and the VTC should include, but are Navy official. (d) Enforcement. The U.S. Coast not limited to, information on the ves- Guard may be assisted in the patrol sel handling characteristics, traffic and monitoring of this security zone by density, radar contacts, and environ- the U.S. Navy. mental conditions. (3) In an emergency, the master, [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] pilot, or person directing the move- § 165.1303 Puget Sound and adjacent ment of the vessel may deviate from waters, WA—regulated navigation paragraph (c)(1) of this section to the area. extent necessary to avoid endangering (a) The following is a regulated navi- persons, property, or the environment, gation area: the waters of the United and shall report the deviation to the States east of a line extending from VTC as soon as possible. Discovery Island Light to New Dunge- [CGD 90–020, 59 FR 36335, July 15, 1994, as ness Light and all points in the Puget amended by CGD 13–97–003, 62 FR 23660, May Sound area north and south of these 1, 1997] lights. (b) Regulations. (1) Tank vessel navi- § 165.1305 Commencement Bay, Ta- gation restrictions: Tank vessels larger coma, WA. than 125,000 deadweight tons bound for (a) Location. The following area is a a port or place in the United States safety zone for the Tacoma Freedom may not operate in the regulated navigation area. Fair Air Show: All portions of Com- (2) Commander, Thirteenth Coast mencement Bay bounded by the fol- ° ′ ″ Guard District may, upon written re- lowing coordinates: Latitude 47 17 38 quest, issue an authorization to deviate N, Longitude 122°28′43 W; thence south from paragraph (b)(1) of this section if easterly to Latitude 47°17′4″ N, Lon- it is determined that such deviation gitude 122°27′32″ W; thence south west- provides an adequate level of safety. erly to Latitude 47°16′35″ N, Longitude Any application for authorization must 122°28′1″ W; thence north westerly along state the need and fully describe the the shoreline to Latitude 47°17′10″ N, proposed procedure. Longitude 122°29′14″ W; thence return- (c) Precautionary Area Regulations. (1) ing to the origin. This safety zone re- A vessel in a precautionary area which sembles a rectangle protruding from is depicted on National Oceanic and At- the shoreline along Ruston Way. Float- mospheric Administration (NOAA) ing markers will be placed by the spon- nautical charts, except precautionary sor of the event to delineate the bound- ‘‘RB’’ (a circular area of 2,500 yards ra- aries of the safety zone. ′ ″ ′ ″ dius centered at 48–26 24 N., 122–45 12 (b) Effective dates. This section is ef- W.), must keep the center of the pre- fective annually on July the fourth cautionary area to port. from 2 p.m. to 12:30 a.m. July the fifth NOTE: The center of precautionary area unless otherwise specified by FEDERAL ‘‘RB’’ is not marked by a buoy. REGISTER notice. (2) The Puget Sound Vessel Traffic (c) Regulation. In accordance with the Service (PSVTS) may, upon verbal re- general regulations in § 165.23 of this

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part, entry into this safety zone is pro- (b) Effective dates. This section is ef- hibited unless authorized by the Cap- fective annually on July fourth from 9 tain of the Port, Puget Sound, Seattle, p.m. to 11 p.m. (PDT) unless otherwise WA. specified by FEDERAL REGISTER notice. (c) Regulation. In accordance with the [CGD13–95–009, 60 FR 61481, Nov. 30, 1995, as general regulations in § 165.23 of this amended by USCG–2011–0197, 76 FR 31855, June 2, 2011] part, entry into this safety zone is prohibited unless authorized by the Cap- § 165.1307 Elliott Bay, Seattle, WA. tain of the Port Columbia River. (a) Location. The following area is a [CGD13–95–055, 61 FR 18949, Apr. 30, 1996, as safety zone: All portions of Elliott Bay amended by USCG–2010–0351, 75 FR 48565, bounded by the following coordinates: Aug. 11, 2010] ° ′ ″ Latitude 47 37 22 N, Longitude § 165.1309 Eagle Harbor, Bainbridge 122°22′06″ W; thence to Latitude 47°37′06″ Island, WA. N, Longitude 122°21′45″ W; thence to (a) Regulated area. A regulated navi- Latitude 47°36′54″ N, Longitude gation area is established on that por- 122°22′05″ W; thence to Latitude 47°37′08″ tion of Eagle Harbor bounded by a line N, Longitude 122°22′27″ W; thence re- beginning at: 47°36′56″ N, 122°30′36″ W; turning to the origin. This safety zone thence to 47°37′11″ N, 122°30′36″ W; resembles a square centered around the thence to 47°37′25″ N, 122°30′17″ W; barge from which the fireworks will be thence to 47°37′24″ N, 122°30′02″ W; launched and begins 100 yards from the thence to 47°37′16″ N, 122°29′55″ W; shoreline of Myrtle Edwards Park. thence to 47°37′03″ N, 122°30′027″ W; Floating markers will be placed by the thence returning along the shoreline to sponsor of the fireworks display to de- point of origin. [Datum NAD 1983]. lineate the boundaries of the safety (b) Regulations. All vessels and per- zone [Datum NAD 1983]. sons are prohibited from anchoring, (b) Effective dates. This section is ef- dredging, laying cable, dragging, fective annually on July fourth from seining, bottom fishing, conducting 9:30 p.m. to 11 p.m. unless otherwise salvage operations, or any other activ- specified by FEDERAL REGISTER notice. ity which could potentially disturb the (c) Regulation. In accordance with the seabed in the designated area. Vessels general regulations in § 165.23 of this may otherwise transit or navigate part, entry into this safety zone is pro- within this area without reservation. hibited unless authorized by the Cap- (c) Waiver. The Captain of the Port, tain of the Port, puget sound, Seattle, Puget Sound, upon advice from the WA. U.S. EPA Project Manager and the [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as Washington State Department of Nat- amended by CGD13–97–015, 62 FR 39445, July ural Resources, may, upon written re- 23, 1997] quest, authorize a waiver from this section if it is determined that the pro- § 165.1308 Columbia River, Vancouver, posed operation supports USEPA reme- WA. dial objectives, or can be performed in (a) Location. The following area is a a manner that ensures the integrity of safety zone: All waters of the Columbia the sediment cap. A written request River at Vancouver, Washington, must describe the intended operation, bounded by a line commencing at the state the need, and describe the pro- northern base of the Interstate 5 high- posed precautionary measures. Re- way bridge at latitude 45°37′17″ N, lon- quests should be submitted in trip- gitude 122°40′22″ W; thence south along licate, to facilitate review by U.S. the Interstate 5 highway bridge to lati- EPA, Coast Guard, and Washington tude 45°37′03″ N, longitude 122°40′32″ W; State Agencies. USEPA managed reme- thence to latitude 45°36′28″ N, longitude dial design, remedial action, habitat 122°38′35″ W; thence to Ryan’s Point at mitigation, or monitoring activities latitude 45°36′42″ N, longitude 122°38′35″ associated with the Wyckoff/Eagle Har- W; thence along the Washington shore- bor Superfund Site are excluded from line to the point of origin. [Datum: the waiver requirement. USEPA is re- NAD 83]. quired, however, to alert the Coast

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Guard in advance concerning any of (2) A single authorized media pool the above-mentioned activities that vessel operating in accordance with may, or will, take place in the Regu- paragraph (f) of this section. lated Area. (d) The international numeral pen- [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] nant five (5) is only authorized to be displayed from one Makah whale hunt § 165.1310 Strait of Juan de Fuca and vessel during actual whale hunt oper- adjacent coastal waters of North- ations. No other vessels may display west Washington; Makah Whale this pennant within the RNA at any Hunting—Regulated Navigation time. Whale hunt operations com- Area. mence when a whale hunt vessel is un- (a) The following area is a Regulated derway and its master intends to have Navigation Area (RNA): From 48°02.25′ a whale killed during the voyage. N, 124°42.1′ W northward along the Whale hunt operations cease once this mainland shoreline of Washington intent is abandoned, a whale is landed, State to Cape Flattery and thence or when the international numeral pen- eastward along the mainland shoreline nant five (5) is struck. of Washington State to 48°22′ N, 124°34′ (e) The Makah Tribe shall make W; thence due north to 48°24.55′ N, SECURITE broadcasts beginning one 124°34′ W; thence northwesterly to half hour before the commencement of 48°27.1′ N, 124°41.7′ W; thence due west a hunt and every half hour thereafter to 48°27.1′ N, 124°45.5′ W; thence south- until hunting activities are concluded. westerly to 48°20.55′ N, 124°51.05′ W, This broadcast shall be made on chan- thence west south west to 48°18.0′ N nel 16 VHF-FM and state: 124°59.0′ W, thence due south to 48°02.25′ N, 124°59.0′ W) thence due east back to A whale hunt is proceeding today within ° ′ the Regulated Navigation Area established the shoreline of Washington at 48 02.25 for Makah whaling activities. The (name of N, 124°42.1′ W. Datum: NAD 1983. vessel) is a (color and description of vessel) (b) During a whale hunt, while the and will be flying international numeral pen- international numeral pennant five (5) nant five (5) while engaged in whaling oper- is flown by a Makah whale hunt vessel, ations. This pennant is yellow and blue in the following area within the RNA is a color. Mariners are required by federal regu- Moving Exclusion Zone: The column of lation to stay 500 yards away from (name of water from the surface to the seabed vessel), and are strongly urged to remain even further away from whale hunt activi- with a radius of 500 yards centered on ties as an additional safety measure. the Makah whale hunt vessel displaying international numeral pennant (f)(1) Credentialed members of the five (5). This Moving Exclusionary media interested in entering the Mov- Zone is activated only when surface ing Exclusionary Zone may request visibility exceeds one nautical mile, permission to operate a single media between sunrise and sunset, and the vessel in the Moving Exclusionary Makah whale hunt vessel displays the Zone by telephoning Coast Guard Pub- international numeral pennant five (5). lic Affairs, as soon as practicable at The Moving Exclusionary Zone is de- (206) 220–7237 during normal working activated upon sunset, visibility is re- hours, and (206) 220–7001 after hours. duced to less than one nautical mile, or Coast Guard preauthorization is re- when the Makah hunt vessel strikes quired prior to entry into the Moving international numeral pennant five (5). Exclusionary Zone by a single media (c) Unless otherwise authorized by pool vessel. the Commander, Thirteenth Coast (2) The media pool vessel must be a Guard District or his or her representa- U.S. documented vessel. The media tive, no person or vessel may enter the pool vessel must be under command at active Moving Exclusionary Zone ex- all times within the Moving Exclu- cept for: sionary zone by a master holding a li- (1) Authorized Makah whale hunt cense or merchant mariner credential vessel actively engaged in hunting op- issued in the U.S. to carry passenger erations under direction of the master for hire. All expenses, liabilities and of the Makah vessel flying inter- risks associated with operation of the national numeral pennant five (5), and media pool vessel lie with members of

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the pool and the pool vessel owners and state the need, and describe the pro- operators. posed precautionary measures. Re- (3) The master of the media pool ves- quests shall be submitted in triplicate, sel shall maneuver to avoid positioning to facilitate review by USEPA, Coast the pool vessel between whales and Guard, and Washington State Agencies. hunt vessel(s), out of the line of fire, at USEPA managed remedial design, re- a prudent distance and location rel- medial action, habitat mitigation, or ative to whale hunt operations, and in monitoring activities associated with a manner that avoids hindering the the Olympic View Resource Area hunt or path of the whale in any way. Superfund Site are excluded from the (4) Although permitted to maneuver waiver requirement. USEPA is re- within the Moving Exclusionary Zone, quired, however, to alert the Coast personnel aboard the media pool vessel Guard in advance concerning any of are still required to follow safety and the above-mentioned activities that law enforcement related instructions of may, or will, take place in the Regu- Coast Guard personnel. lated Area. [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] amended by CGD 13–98–023, 64 FR 61212, Nov. 10, 1999; USCG–2006–24371, 74 FR 11213, Mar. § 165.1312 Security Zone; Portland 16, 2009] Rose Festival on Willamette River. (a) Location. The following area is a § 165.1311 Olympic View Resource security zone: All waters of the Wil- Area, Tacoma, WA. lamette River, from surface to bottom, (a) Regulated area. A regulated navi- encompassed by the Hawthorne and gation area is established on that por- Steel Bridges. tion of Commencement Bay bounded by (b) Regulations. In accordance with a line beginning at: 47°15′40.19753″ N, § 165.33, entry into this zone is prohib- 122°26′09.27617″ W; thence to ited unless authorized by the Captain 47°15′42.21070″ N, 122°26′10.65290″ W; of the Port Columbia River or his des- thence to 47°15′41.84696″ N, ignated representatives. Section 165.33 122°26′11.80062″ W; thence to also contains other general require- 47°15′45.57725″ N, 122°26′14.35173″ W; ments. thence to 47°15′53.06020″ N, (c) Authority. In addition to 46 U.S.C. 122°26′06.61366″ W; thence to 70034, the authority for this section in- 47°15′46.74493″ N, 122°26′02.50574″ W; cludes 46 U.S.C. 70116. thence returning along the shoreline to (d) Enforcement period. This section is the point of origin. [Datum NAD 1983]. enforced annually in June. The event (b) Regulations. All vessels and per- will be 6 days in length and the specific sons are prohibited from anchoring, dates of enforcement will be published dredging, laying cable, dragging, each year in the FEDERAL REGISTER. In seining, bottom fishing, conducting 2015, the zone will be enforced on salvage operations, or any other activ- Wednesday, June 3, through Monday, ity which could potentially disturb the June 8. seabed in the designated area. Vessels may otherwise transit or navigate [CGD13–02–020, 68 FR 31979, May 29, 2003, as amended by CDG13–05–007, 70 FR 33353, June within this area without reservation. 8, 2005; USCG–2010–0351, 75 FR 50884, Aug. 18, (c) Waiver. The Captain of the Port, 2010; USCG–2015–0484, 80 FR 31470, June 3, Puget Sound, upon advice from the 2015] United States Environmental Protec- tion Agency (USEPA) Project Manager § 165.1313 Security zone regulations, and the Washington State Department tank ship protection, Puget Sound of Natural Resources, may, upon writ- and adjacent waters, Washington ten request, authorize a waiver from (a) Notice of enforcement or suspension this section if it is determined that the of enforcement. The tank ship security proposed operation supports USEPA re- zone established by this section will be medial objectives, or can be performed enforced only upon notice by the Cap- in a manner that ensures the integrity tain of the Port Puget Sound. Captain of the sediment cap. A written request of the Port Puget Sound will cause no- must describe the intended operation, tice of the enforcement of the tank

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ship security zone to be made by all ap- thority Washington Peace Officer, or propriate means to effect the widest Specially Commissioned Washington publicity among the affected segments Peace Officer as defined in Revised of the public including publication in Code of Washington section 10.93.020. the FEDERAL REGISTER as practicable, (c) Security zone: There is established in accordance with 33 CFR 165.7(a). a tank ship security zone extending for Such means of notification may also a 500-yard radius around all tank ships include but are not limited to, Broad- located in the navigable waters of the cast Notice to Mariners or Local No- United States in Puget Sound, WA, tice to Mariners. The Captain of the east of 123 degrees, 30 minutes West Port Puget Sound will issue a Broad- Longitude. [Datum: NAD 1983] cast Notice to Mariners and Local No- (d) Compliance: The tank ship secu- tice to Mariners notifying the public rity zone established by this section re- when enforcement of the tank ship se- mains in effect around tank ships at all curity zone is suspended. times, whether the tank ship is under- (b) The following definitions apply to way, anchored, or moored. Upon notice this section: of enforcement by the Captain of the (1) Federal Law Enforcement Officer Port Puget Sound, the Coast Guard means any employee or agent of the will enforce the tank ship security zone United States government who has the in accordance with rules set out in this authority to carry firearms and make section. Upon notice of suspension of warrantless arrests and whose duties enforcement by the Captain of the Port involve the enforcement of criminal Puget Sound, all persons and vessels laws of the United States. are authorized to enter, transit, and (2) Navigable waters of the United exit the tank ship security zone, con- States means those waters defined as sistent with the Navigation Rules. such in 33 CFR part 2. (e) The Navigation Rules shall apply (3) Navigation Rules means the Navi- at all times within a tank ship security gation Rules, International-Inland. zone. (4) Official patrol means those persons (f) When within a tank ship security designated by the Captain of the Port zone all vessels shall operate at the to monitor a tank ship security zone, minimum speed necessary to maintain permit entry into the zone, give legally a safe course and shall proceed as di- enforceable orders to persons or vessels rected by the on-scene official patrol or with in the zone and take other actions tank ship master. No vessel or person authorized by the Captain of the Port. is allowed within 100 yards of a tank Persons authorized in paragraph (k) to ship, unless authorized by the on-scene enforce this section are designated as official patrol or tank ship master. the official patrol. (g) To request authorization to oper- (5) Public vessel means vessels owned, ate within 100 yards of a tank ship, chartered, or operated by the United contact the on-scene official patrol or States, or by a State or political sub- tank ship master on VHF-FM channel division thereof. 16 or 13. (6) Tank ship security zone is a regu- (h) When conditions permit, the on- lated area of water, established by this scene official patrol or tank ship mas- section, surrounding tank ships for a ter should: 500-yard radius that is necessary to (1) Permit vessels constrained by provide for the security of these ves- their navigational draft or restricted in sels. their ability to maneuver to pass with- (7) Tank ship means a self-propelled in 100 yards of a tank ship in order to tank vessel that is constructed or ensure a safe passage in accordance adapted primarily to carry oil or haz- with the Navigation Rules; ardous material in bulk as cargo or (2) Permit commercial vessels an- cargo residue in the cargo spaces. The chored in a designated anchorage area definition of tank ship does not include to remain at anchor when within 100 tank barges. yards of a passing tank ship; and (8) Washington Law Enforcement Offi- (3) Permit vessels that must transit cer means any General Authority via a navigable channel or waterway to Washington Peace Officer, Limited Au- pass within 100 yards of a moored or

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anchored tank ship with minimal delay ship, any Federal Law Enforcement Of- consistent with security. ficer or Washington Law Enforcement (i) Exemption. Public vessels as de- Officer may enforce the rules contained fined in paragraph (b) of this section in this section pursuant to 33 CFR are exempt from complying with para- § 6.04–11. In addition, the Captain of the graphs (c), (d), (f), (g), (h), (j), and (k) of Port may be assisted by other federal, this section. state or local agencies in enforcing this (j) Exception. 33 CFR Part 161 promul- section. gates Vessel Traffic Service regula- [CGD13–02–018, 68 FR 15374, Mar. 31, 2003] tions. Measures or directions issued by Vessel Traffic Service Puget Sound § 165.1315 Safety Zone; Annual Fire- pursuant to 33 CFR Part 161 shall take works Displays within the Sector precedence over the regulations in this Columbia River Captain of the Port section. Zone. (k) Enforcement. Any Coast Guard (a) Safety zones. The following areas commissioned, warrant or petty officer are designated safety zones: Waters of may enforce the rules in this section. the Columbia River and its tributaries, In the navigable waters of the United waters of the Siuslaw River, Yaquina States to which this section applies, River, Umpqua River, Clatskanie when immediate action is required and River, Tillamook Bay and waters of the representatives of the Coast Guard are Washington and Oregon Coasts, within not present or not present in sufficient a 450 yard radius of the launch site at force to provide effective enforcement the approximate locations listed in the of this section in the vicinity of a tank following table:

Event name (typically) Event location Date of event Latitude Longitude

Portland Rose Festival Fireworks ..... Portland, OR ...... One day in May or 45°30′58″ N 122°40′12″ W June. Tri-City Chamber of Commerce Fire- Kennewick, WA ... One day in July ... 46°13′37″ N 119°08′47″ W works/River of Fire Festival. Astoria-Warrenton 4th of July Fire- Astoria, OR ...... One day in July ... 46°11′34″ N 123°49′28″ W works. Waterfront Blues Festival Fireworks Portland, OR ...... One day in July ... 45°30′42″ N 122°40′14″ W Florence Independence Day Cele- Florence, OR ...... One day in July ... 43°58′09″ N 124°05′50″ W bration. Oaks Park Association 4th of July .... Portland, OR ...... One day in July ... 45°28′22″ N 122°39′59″ W City of Rainier/Rainier Days ...... Rainier, OR ...... One day in July ... 46°05′46″ N 122°56′18″ W Ilwaco July 4th Committee Fire- Ilwaco, WA ...... One day in July ... 46°18′17″ N 124°02′00″ W works/Independence Day at the Port. Splash Aberdeen Waterfront Festival Aberdeen, WA ..... One day in July ... 46°58′40″ N 123°47′45″ W City of Coos Bay July 4th Celebra- Coos Bay, OR ..... One day in July ... 43°22′06″ N 124°12′24″ W tion/Fireworks Over the Bay. Port of Cascade Locks 4th of July Cascade Locks, One day in July ... 45°40′15″ N 121°53′43″ W Fireworks. OR. Clatskanie Heritage Days Fireworks Clatskanie, OR .... One day in July ... 46°6′17″ N 123°12′02″ W Washougal 4th of July ...... Washougal, WA ... One day in July ... 45°34′32″ N 122°22′53″ W City of St. Helens 4th of July Fire- St. Helens, OR .... One day in July ... 45°51′54″ N 122°47′26″ W works. Waverly Country Club 4th of July Milwaukie, OR ..... One day in July ... 45°27′03″ N 122°39′18″ W Fireworks. Hood River 4th of July ...... Hood River, OR ... One day in July ... 45°42′58″ N 121°30′32″ W Winchester Bay 4th of July Fireworks Winchester Bay, One day in July ... 43°40′56″ N 124°11′13″ W OR. Brookings, OR July 4th Fireworks .... Brookings, OR ..... One day in July ... 42°02′39″ N 124°16′14″ W Yachats 4th of July ...... Yachats, OR ...... One day in July ... 44°18′38″ N 124°06′27″ W Lincoln City 4th of July ...... Lincoln City, OR .. One day in July ... 44°55′28″ N 124°01′31″ W July 4th Party at the Port of Gold Gold Beach, OR .. One day in July ... 42°25′30″ N 124°25′03″ W Beach. Gardiner 4th of July ...... Gardiner, OR ...... One day in July ... 43°43′55″ N 124°06′48″ W Huntington 4th of July ...... Huntington, OR .... One day in July ... 44°18′02″ N 117°13′33″ W Toledo Summer Festival ...... Toledo, OR ...... One day in July ... 44°37′08″ N 123°56′24″ W Port Orford 4th of July ...... Port Orford, OR ... One day in July ... 42°44′31″ N 124°29′30″ W The Dalles Area Fourth of July ...... The Dalles, OR .... One day in July ... 45°36′18″ N 121°10′23″ W Roseburg Hometown 4th of July ...... Roseburg, OR ..... One day in July ... 43°12′58″ N 123°22′10″ W Newport 4th of July ...... Newport, OR ...... One day in July ... 44°37′40″ N 124°02′45″ W

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Event name (typically) Event location Date of event Latitude Longitude

Cedco Inc./The Mill Casino Inde- North Bend, OR ... One day in July ... 43°23′42″ N 124°12′55″ W pendence Day. Waldport 4th of July ...... Waldport, OR ...... One day in July ... 44°25′31″ N 124°04′44″ W Westport 4th of July ...... Westport, WA ...... One day in July ... 46°54′17″ N 124°05′59″ W The 4th of July at Pekin Ferry ...... Ridgefield, WA ..... Saturday before 45°52′07″ N 122°43′53″ W July 4th. Bandon 4th of July ...... Bandon, OR ...... One day in July ... 43°07′29″ N 124°25′05″ W Garibaldi Days Fireworks ...... Garibaldi, OR ...... One day in July ... 45°33′13″ N 123°54′56″ W Bald Eagle Days ...... Cathlamet, WA .... One day in July ... 46°12′14″ N 123°23′17″ W Independence Day at the Fort Van- Vancouver, WA ... One day in July ... 45°36′57″ N 122°40′09″ W couver. Oregon Symphony Concert Fire- Portland, OR ...... One day in August 45°30′42″ N 122°40′14″ W works. or September. Astoria Regatta ...... Astoria, OR ...... One day in August 46°11′34″ N 123°49′28″ W Leukemia and Lymphoma Light the Portland, OR ...... One day in Octo- 45°30′23″ N 122°40′4″ W Night Fireworks. ber. Veterans Day Celebration ...... The Dalles, OR .... One day in No- 45°36′18″ N 121°10′34″ W vember.

(b) Special requirements. Fireworks activation and suspension of enforce- barges or launch sites on land used in ment of these safety zones. Addition- locations stated in this section must ally, an on-scene Patrol Commander display a sign. The sign will be affixed may be appointed to enforce the safety to the port and starboard side of the zones by limiting the transit of non- barge or mounted on a post 3 feet above participating vessels in the designated ground level when on land and in close areas described in paragraph (a) of this proximity to the shoreline facing the section. water labeled ‘‘FIREWORKS—DAN- (d) Enforcement periods. This section GER—STAY AWAY.’’ This will provide will be enforced at least 1 hour before on-scene notice that the safety zone is, and 1 hour after the duration of the or will, be enforced on that day. This event each day a barge or launch site notice will consist of a diamond shaped with a ‘‘FIREWORKS—DANGER— sign, 4-foot by 4-foot, with a 3-inch or- STAY AWAY’’ sign is located within ange retro-reflective border. The word any of the safety zones identified in ‘‘DANGER’’ will be 10-inch black block letters centered on the sign with the paragraph (a) of this section and meets words ‘‘FIREWORKS’’ and ‘‘STAY the criteria established in paragraphs AWAY’’ in 6-inch black block letters (b) and (c) of this section. placed above and below the word (e) Regulations. In accordance with ‘‘DANGER’’ respectively on a white the general regulations in subpart C of background. An on-scene patrol vessel this part no person may enter or re- may enforce these safety zones at least main in the safety zone created in this 1 hour prior to the start and 1 hour section or bring, cause to be brought, after the conclusion of the fireworks or allow to remain in the safety zone display. created in this section any vehicle, ves- (c) Notice of enforcement. These safety sel, or object unless authorized by the zones will be activated and thus sub- Captain of the Port or his designated ject to enforcement, under the fol- representative. The Captain of the Port lowing conditions: The Coast Guard may be assisted by other Federal, must receive an Application for Marine State, or local agencies with the en- Event for each fireworks display; and, forcement of the safety zone. the Captain of the Port will cause no- (f) Authorization. All vessel operators tice of the enforcement of these safety who desire to enter the safety zone zones to be made by all appropriate must obtain permission from the Cap- means to provide notice to the affected tain of the Port or Designated Rep- segments of the public as practicable, resentative by contacting either the in accordance with § 165.7(a). The Cap- on-scene patrol craft on VHF Ch 13 or tain of the Port will issue a Local No- tice to Mariners notifying the public of

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Ch 16 or the Coast Guard Sector Co- established by this section, sur- lumbia River Command Center via rounding large passenger vessels for a telephone at (503) 861–6211. 500-yard radius to provide for the secu- [USCG–2017–0149, 82 FR 28558, June 23, 2017, as rity and safety of these vessels. amended by USCG–2018–0868, 83 FR 62261, Navigable waters of the United States Dec. 3, 2018] means those waters defined as such in 33 CFR part 2. § 165.1317 Security and Safety Zone; Navigation Rules means the Naviga- Large Passenger Vessel Protection, tion Rules, International—Inland. Puget Sound and adjacent waters, Washington. Official Patrol means those persons designated by the Captain of the Port (a) Notice of enforcement or suspension to monitor a large passenger vessel se- of enforcement. The large passenger vessel 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 Washington Law Enforcement Officer may also include but are not limited means any General Authority Wash- to, Broadcast Notice to Mariners or ington Peace Officer, Limited Author- Local Notice to Mariners. The Captain ity Washington Peace Officer, or Spe- of the Port Puget Sound will issue a cially Commissioned Washington Peace Broadcast Notice to Mariners and Officer as defined in Revised Code of Local Notice to Mariners notifying the Washington section 10.93.020. public when enforcement of the large (c) Security and safety zone. There is passenger vessel security and safety established a large passenger vessel se- zone is suspended. curity and safety zone extending for a (b) The following defini- Definitions. 500-yard radius around all large pas- tions apply to this section: senger vessels located in the navigable Federal Law Enforcement Officer waters of the United States in Puget means any employee or agent of the Sound, WA, east of 123°30′ West Lon- United States government who has the gitude. [Datum: NAD 1983]. authority to carry firearms and make warrantless arrests and whose duties (d) Compliance. The large passenger involve the enforcement of criminal vessel security and safety zone estab- laws of the United States. lished by this section remains in effect Large Passenger Vessel means any around large passenger vessels at all cruise ship over 100 feet in length car- times, whether the large passenger ves- rying passengers for hire, and any auto sel is underway, anchored, or moored. ferries and passenger ferries over 100 Upon notice of enforcement by the Cap- feet in length carrying passengers for tain of the Port Puget Sound, the hire such as the Washington State Fer- Coast Guard will enforce the large pas- ries, M/V COHO and Alaskan Marine senger vessel security and safety zone Highway Ferries. Large Passenger Ves- in accordance with rules set out in this sel does not include vessels inspected section. Upon notice of suspension of and certificated under 46 CFR, Chapter enforcement by the Captain of the Port I, Subchapter T such as excursion ves- Puget Sound, all persons and vessels sels, sight seeing vessels, dinner cruise are authorized to enter, transit, and vessels, and whale watching vessels. exit the large passenger vessel security Large Passenger Vessel Security and and safety zone, consistent with the Safety Zone is a regulated area of water Navigation Rules.

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(e) The Navigation Rules shall apply issued by Vessel Traffic Service Puget at all times within a large passenger Sound pursuant to 33 CFR part 161 also vessel security and safety zone. apply, the measures or directions gov- (f) When within a large passenger ern rather than the regulations in this vessel security and safety zone all ves- section. sels must operate at the minimum (l) Enforcement. Any Coast Guard speed necessary to maintain a safe commissioned, warrant or petty officer course and must proceed as directed by may enforce the rules in this section. the on-scene official patrol or large In the navigable waters of the United passenger vessel master. No vessel or States to which this section applies, person is allowed within 100 yards of a when immediate action is required and large passenger vessel that is underway representatives of the Coast Guard are or at anchor, unless authorized by the not present or not present in sufficient on-scene official patrol or large pas- force to provide effective enforcement senger vessel master. No vessel or per- of this section in the vicinity of a large son is allowed within 25 yards of a passenger vessel, any Federal Law En- large passenger vessel that is moored. forcement Officer or Washington Law (g) To request authorization to oper- Enforcement Officer may enforce the ate within 100 yards of a large pas- rules contained in this section pursu- senger vessel that is underway or at ant to 33 CFR 6.04–11. In addition, the anchor, contact the on-scene official Captain of the Port may be assisted by patrol or large passenger vessel master other federal, state or local agencies in on VHF-FM channel 16 or 13. enforcing this section. (h) When conditions permit, the on- (m) Waiver. The Captain of the Port scene official patrol or large passenger Puget Sound may waive any of the re- vessel master should: quirements of this section for any ves- (1) Permit vessels constrained by sel or class of vessels upon finding that their navigational draft or restricted in a vessel or class of vessels, operational their ability to maneuver to pass with- conditions or other circumstances are in 100 yards of a large passenger vessel such that application of this section is in order to ensure a safe passage in ac- unnecessary or impractical for the pur- cordance with the Navigation Rules; pose of port security, safety or environ- and mental safety. (2) Permit vessels that must transit [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR via a navigable channel or waterway to 4245, Jan. 29, 2004] pass within 100 yards of an anchored large passenger vessel or within 25 § 165.1318 Security and Safety Zone yards of a moored large passenger ves- Regulations, Large Passenger Ves- sel with minimal delay consistent with sel Protection, Captain of the Port security. Columbia River Zone. (i) When a large passenger vessel ap- (a) Notice of enforcement or suspension proaches within 100 yards of any vessel of enforcement. The large passenger ves- that is moored or anchored, the sta- sel security and safety zone established tionary vessel must stay moored or an- by this section will be enforced only chored while it remains within the upon notice by the Captain of the Port large passenger vessel’s security and Columbia River. Captain of the Port safety zone unless it is either ordered Columbia River will cause notice of the by, or given permission by the Captain enforcement of the large passenger ves- of the Port Puget Sound, his des- sel security and safety zone to be made ignated representative or the on-scene by all appropriate means to effect the official patrol to do otherwise. widest publicity among the affected (j) Exemption. Public vessels as de- segments of the public including publi- fined in paragraph (b) of this section cation in the FEDERAL REGISTER as are exempt from complying with para- practicable, in accordance with 33 CFR graphs (c), (d), (f), (g), (h), and (i), of 165.7(a). Such means of notification this section. may also include but are not limited (k) Exception. 33 CFR part 161 con- to, Broadcast Notice to Mariners or tains Vessel Traffic Service regula- Local Notice to Mariners. The Captain tions. When measures or directions of the Port Columbia River will issue a

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Broadcast Notice to Mariners and (c) Security and safety zone. There is Local Notice to Mariners notifying the established a large passenger vessel se- public when enforcement of the large curity and safety zone extending for a passenger vessel security and safety 500 yard radius around all large pas- zone is suspended. senger vessels in the navigable waters (b) Definitions. As used in this sec- of the United States, in Portland, OR tion— at the Columbia River Bar ‘‘C’’ buoy Federal Law Enforcement Officer and extending eastward on the Colum- means any employee or agent of the bia River to Kennewick, WA and United States government who has the upriver through Lewiston, ID on the authority to carry firearms and make Snake River. warrantless arrests and whose duties (d) Compliance. The large passenger involve the enforcement of criminal vessel security and safety zone estab- laws of the United States. lished by this section remains in effect Large passenger vessel means any ves- around large passenger vessels at all sel over 100 feet in length (33 meters) times, whether the large passenger ves- carrying passengers for hire including, sel is underway, anchored, or moored. but not limited to, cruise ships, auto Upon notice of enforcement by the Cap- ferries, passenger ferries, and excursion tain of the Port Columbia River, the vessels. Coast Guard will enforce the large pas- Large passenger vessel security and senger vessel security and safety zone safety zone is a regulated area of water, in accordance with rules set out in this established by this section, sur- section. Upon notice of suspension of rounding large passenger vessels for a enforcement by the Captain of the Port 500 yard radius that is necessary to Columbia River, all persons and vessels provide for the security and safety of are authorized to enter, transit, and these vessels. exit the large passenger vessel security Navigable waters of the United States and safety zone, consistent with the means those waters defined as such in Navigation Rules. 33 CFR part 2. (e) Navigation Rules. The Navigation Navigation Rules means the Naviga- Rules shall apply at all times within a tion Rules, International-Inland. large passenger vessel security and Official Patrol means those persons safety zone. designated by the Captain of the Port (f) Restrictions based on distance from to monitor a large passenger vessel se- large passenger vessel. When within a curity and safety zone, permit entry large passenger vessel security and into the zone, give legally enforceable safety zone, all vessels shall operate at orders to persons or vessels with in the the minimum speed necessary to main- zone and take other actions authorized tain a safe course and shall proceed as by the Captain of the Port. Persons au- directed by the on-scene official patrol thorized as Federal Law Enforcement or large passenger vessel master. No Officers to enforce this section are des- vessel or person is allowed within 100 ignated as the Official Patrol. yards of a large passenger vessel that is Oregon Law Enforcement Officer underway or at anchor, unless author- means any Oregon Peace Officer as de- ized by the on-scene official patrol or fined in Oregon Revised Statutes sec- large passenger vessel master. tion 161.015. (g) Requesting authorization to operate Public vessel means vessels owned, within 100 yards of large passenger vessel. chartered, or operated by the United To request authorization to operate States, or by a State or political sub- within 100 yards of a large passenger division thereof. vessel that is underway or at anchor, Washington Law Enforcement Officer contact the on-scene official patrol or means any General Authority Wash- large passenger vessel master on VHF- ington Peace Officer, Limited Author- FM channel 16 or 13. ity Washington Peace Officer, or Spe- (h) Maneuver-restricted vessels. When cially Commissioned Washington Peace conditions permit, the on-scene official Officer as defined in Revised Code of patrol or large passenger vessel master Washington section 10.93.020. should:

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(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 within 100 yards of a large passenger vessel [CGD13–03–022, 68 FR 53679, Sept. 12, 2003, as 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 Seafair Air Show Perform- (2) Permit commercial vessels an- ance, Seattle, WA. chored in a designated anchorage area (a) Enforcement period. This section to remain at anchor within 100 yards of will be enforced annually during the a passing large passenger vessel; and last week in July and the first two (3) Permit vessels that must transit weeks of August from 8 a.m. until 4 via a navigable channel or waterway to p.m., each day during the event. The pass within 100 yards of an anchored event will be one week or less in dura- large passenger vessel. tion. The specific dates during this (i) Stationary vessels. When a large time frame will be published in the passenger vessel approaches within 100 FEDERAL REGISTER. yards of any vessel that is moored or anchored, the stationary vessel must (b) Location. The following is a safety stay moored or anchored while it re- zone: All waters of Lake Washington mains with in the large passenger ves- encompassed by the following points: 47°36′17.28″ N, 122°14′49.44″ W; thence sel’s security and safety zone unless it ° ′ ″ ° ′ ″ is either ordered by, or given permis- west to point 47 36 17.28 N, 122 16 58.56 sion by the Captain of the Port Colum- W; thence south along the shoreline to Andrews Bay at point 47°33′04.62″ N, bia River, his designated representa- ° ′ ″ tive or the on-scene official patrol to 122 15 32.46 W; thence northeast along the shoreline of Bailey Peninsula to its do otherwise. ° ′ ″ (j) Exemption. Public vessels as de- northeast point at 47 33 44.98 N, 122°15′03.48″ W; thence easterly to point fined in paragraph (b) of this section ° ′ ″ ° ′ ″ are exempt from complying with para- 47 33 43.98 N, 122 13 51.36 W on Mercer graphs (c), (d), (f), (g), (h), and (i), of Island; thence northerly along the shore of Mercer Island to point this section. ° ′ ″ ° ′ ″ (k) Enforcement. Any Coast Guard 47 35 45.12 N, 122 14 49.44 W; thence commissioned, warrant or petty officer north back to the point of origin. may enforce the rules in this section. (c) Regulations. In accordance with In the navigable waters of the United the general regulations in 33 CFR Part States to which this section applies, 165, Subpart C, no person or vessel may when immediate action is required and enter or remain in the zone except for representatives of the Coast Guard are support vessels and support personnel, not present or not present in sufficient vessels registered with the event orga- force to provide effective enforcement nizer, or other vessels authorized by of this section in the vicinity of a large the Captain of the Port or his des- passenger vessel, any Federal Law En- ignated representatives. Vessels and forcement Officer, Oregon Law En- persons granted authorization to enter forcement Officer or Washington Law the safety zone shall obey all lawful or- Enforcement Officer may enforce the ders or directions of the Captain of the rules contained in this section pursu- Port or his designated representatives. ant to 33 CFR 6.04–11. In addition, the [CGD13–04–002, 69 FR 35250, June 24, 2004, as Captain of the Port may be assisted by amended by USCG–2012–0903, 78 FR 12600, other federal, state or local agencies in Feb. 25, 2013] enforcing this section. (l) Waiver. The Captain of the Port § 165.1321 Security Zone; Protection of Columbia River may waive any of the Military Cargo, Captain of the Port requirements of this section for any Zone Puget Sound, WA. vessel or class of vessels upon finding (a) Notice of enforcement or suspension that a vessel or class of vessels, oper- of enforcement. The Captain of the Port ational conditions or other cir- Puget Sound will enforce the security cumstances are such that application zones established by this section only of this section is unnecessary or im- upon notice. Captain of the Port Puget

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Sound will cause notice of the enforce- the beginning of Pier No. 23 (also ment of these security zone to be made known as the Army pier); then north- by all appropriate means to effect the westerly to 47°17′05″ N, 122°24′52″ W, widest publicity among the affected which is the end of the Pier No. 23 segments of the public including publi- (Army pier); then southwesterly to cation in the FEDERAL REGISTER as 47°16′42″ N, 122°25′ 18″ W, which is the practicable, in accordance with 33 CFR approximate location of a private buoy 165.7(a). Such means of notification on the end of the sewage outfall; then may also include but are not limited southeasterly to 47°16′33″ N, 122°25′04″ to, Broadcast Notice to Mariners or W, which is approximately the north- Local Notice to Mariners. The Captain western end of Pier No. 5; then north- of the Port Puget Sound will issue a easterly to the northwestern end of Broadcast Notice to Mariners and Pier No. 1; then southeasterly along Local Notice to Mariners notifying the the shoreline of the Blair Waterway to public when enforcement of these secu- the Blair Waterway turning basin; then rity zones is suspended. along the shoreline around the Blair (b) Definitions. The following defini- Waterway turning basin; then north- tions apply to this section: westerly along the shoreline of the Designated Representative means those Blair Waterway approximate position persons designated by the Captain of 47°16′49″ N., 122° 24′52″ W.; then north- the Port to monitor these security easterly along the shoreline to the zones, permit entry into these zones, point of origin. [Datum: NAD 1983]. give legally enforceable orders to per- (2) Sitcum Waterway Security Zone: sons or vessels with in these zones and The Security Zone in the Sitcum Wa- take other actions authorized by the terway, Commencement Bay, WA, in- Captain of the Port. Persons author- cludes all waters enclosed by a line ized in paragraph (g) to enforce this connecting the following points: section and Vessel Traffic Service 47°16′33″ N, 122°25′04″ W, which is ap- Puget Sound (VTS) are Designated proximately the northwestern end of Representatives. Pier No. 5; then northwesterly to Federal Law Enforcement Officer 47°16′42″ N, 122°25′18″ W, which is the ap- means any employee or agent of the proximate location of a private buoy United States government who has the on the end of the sewage outfall; then authority to carry firearms and make southwesterly to 47°16′23″ N, 122°25′36″ warrantless arrests and whose duties W; then southeasterly to 47°16′10″ N, involve the enforcement of criminal 122°25′27″ W, which is the northwestern laws of the United States. corner of Pier No. 2; then extending Navigable waters of the United States northeasterly to 47°16′13″ N, 122°25′13″ means those waters defined as such in W; then extending southeasterly along 33 CFR Part 2. the shoreline of the Sitcum Waterway; Public vessel means vessels owned, then northeasterly along the shoreline chartered, or operated by the United at the terminus of the Sitcum Water- States, or by a State or political sub- way and then northwesterly along the division thereof. shoreline of the Sitcum Waterway; Washington Law Enforcement Officer then northeasterly along the shoreline means any General Authority Wash- of Pier No. 5 to the point of origin. ington Peace Officer, Limited Author- [Datum: NAD 1983]. ity Washington Peace Officer, or Spe- (3) Budd Inlet Security Zone: The Se- cially Commissioned Washington Peace curity Zone in Budd Inlet, West Bay, Officer as defined in Revised Code of Olympia WA includes all waters en- Washington section 10.93.020. closed by a line connecting the fol- (c) Security zone. The following areas lowing points: 47°03′12″ N, 122°54′21″ W, are security zones: which is approximately the north- (1) Blair Waterway Security Zone: The western end of the fence line enclosing Security Zone in the Blair Waterway, Berth 1 at Port of Olympia; then north- Commencement Bay, WA, includes all erly to 47°03′15″ N, 122°54′21″ W, which is waters enclosed by a line connecting the approximate 300 feet north along the following points: 47°16′57″ N, the shoreline; then westerly to 47°03′15″ 122°24′39″ W, which is approximately N, 122°54′26″ W; then southerly to

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47°03′06″ N, 122°54′26″ W; then southeast- of this section, any Federal Law En- erly to 47°03′03″ N, 122°54′20″ W, which is forcement Officer or Washington Law approximately the end of the T-shaped Enforcement Officer may enforce the pier; then north to 47°03′04″ N, rules contained in this section pursu- 122°54′19.5″ W, which is approximately ant to 33 CFR 6.04–11. In addition, the the southwestern corner of berth 1; Captain of the Port may be assisted by then northerly along the shoreline to other federal, state or local agencies in the point of origin. [Datum: NAD 1983]. enforcing this section pursuant to 33 (d) Obtaining permission to enter, move CFR 6.04–11. within, or exit the security zones. All ves- (h) Exemption. Public vessels as de- sels must obtain permission from the fined in paragraph (b) of this section COTP or a Designated Representative are exempt from the requirements in to enter, move within, or exit the secu- this section. rity zones established in this section (i) Waiver. For any vessel, the Cap- when these security zones are enforced. tain of the Port Puget Sound may Vessels 20 meters or greater in length waive any of the requirements of this should seek permission from the COTP section, upon finding that operational or a Designated Representative at least conditions or other circumstances are 4 hours in advance. Vessels less than 20 such that application of this section is meters in length should seek permis- unnecessary or impractical for the pur- sion at least 1 hour in advance. VTS pose of port security, safety or environ- Puget Sound may be reached on VHF mental safety. channel 14. [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as (e) Compliance. Upon notice of en- amended by CGD13–04–040, 69 FR 71711, Dec. forcement by the Captain of the Port 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; Puget Sound, the Coast Guard will en- CGD13–05–031, 70 FR 45537, Aug. 8, 2005; force these security zones in accord- USCG–2015–0433, 80 FR 44287, July 27, 2015] ance with rules set out in this section. Upon notice of suspension of enforce- § 165.1322 Regulated Navigation Area: ment by the Captain of the Port Puget Willamette River Portland, Captain of the Port Columbia River Zone. Sound, all persons and vessels are authorized to enter, transit, and exit (a) Location. The following is a regu- these security zones. lated navigation area (RNA): All (f) Regulations. Under the general reg- waters of the Willamette River encom- ulations in 33 CFR part 165 subpart D, passed by a line commencing at this section applies to any vessel or 45°34′.47″ N, 122°45′28″ W along the shore- person in the navigable waters of the line to 45°34′47″ N, 122°45′30″ W thence to United States to which this section ap- 45°34′47″ N, 122°45′30″ W thence to plies. No person or vessel may enter 45°34′48″ N, 122°45′30″ W thence to the security zones established in this 45°34′48″ N, 122°45′30″ W thence to section unless authorized by the Cap- 45°34′48″ N, 122°45′28″ W thence to tain of the Port or his designated rep- 45°34′47″ N, 122°45′28″ W and back to the resentatives. Vessels and persons point of origin. All coordinates ref- granted permission to enter the secu- erence 1983 North American Datum rity zone shall obey all lawful orders or (NAD 83). directions of the Captain of the Port or (b) Regulations. (1) Motoring, anchor- his designated representatives. All ves- ing, dragging, dredging, or trawling are sels shall operate at the minimum prohibited in the regulated area. speed necessary to maintain a safe (2) All vessels transiting or accessing course. the regulated area shall do so at a no (g) Enforcement. Any Coast Guard wake speed or at the minimum speed commissioned, warrant or petty officer necessary to maintain steerage. may enforce the rules in this section. [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] In the navigable waters of the United States to which this section applies, § 165.1323 Regulated Navigation Area: when immediate action is required and Willamette River Captain of the representatives of the Coast Guard are Port Columbia River Zone. not present or not present in sufficient (a) Location. The following is a regu- force to provide effective enforcement lated navigation area (RNA): All

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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 vessels greater than 30 feet in length entry into the zone, give legally en- are prohibited in the regulated area. forceable orders to persons or vessels (2) All vessels transiting or accessing within the zone and take other actions the regulated area shall do so at no authorized by the Captain of the Port. wake speed or at the minimum speed Persons authorized in paragraph (e) to necessary to maintain steerage. enforce this section are designated as [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] the Official Patrol. (d) Authorization. To request author- § 165.1324 Safety and Security Zone; ization to operate within 100 yards of a Cruise Ship Protection, Elliott Bay Large Passenger Cruise Vessel that is and Pier-91, Seattle, Washington. moored at Pier 91, contact the on-scene (a) Safety and security zones. (1) The Official Patrol on VHF–FM channel 16 following area is a safety and security or 13 or the Facility Security Officer at zone: All waters within the following (206) 728–3688. points: a rectangle, starting at 47°37′53″ (e) Enforcement. Any Coast Guard N/122°23′07″ W, thence south to position commissioned, warrant or petty officer 47°37′06″ N/122°23′07″ W, thence east to may enforce the rules in this section. position 47°37′06″ N/122°22′43″ W, thence In the navigable waters of the United north to position 47°37′58″ N/122°22′43″ States to which this section applies, W. This zone will be enforced only dur- when immediate action is required and ing the arrival or departure of Large representatives of the Coast Guard are Passenger Cruise Vessels at Pier 91, Se- not present or not present in sufficient attle, Washington. force to provide effective enforcement (2) The following area is a safety and of this section in the vicinity of a security zone: All waters within 100 Large Passenger Cruise Vessel, any yards of Pier 91, Seattle, Washington, Federal or Washington Law Enforce- at approximate position 47°37′35″ N/ ment Officer may enforce the rules 122°23′00″ W. This zone will be enforced contained in this section pursuant to 33 only when a Large Passenger Cruise CFR 6.04–11. In addition, the Captain of Vessel is moored at Pier 91. the Port may be assisted by other Fed- (b) Regulations. In accordance with eral, state or local agencies in enforc- the general regulations in 33 CFR Part ing this section.

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(f) Waiver. The Captain of the Port westward along the north shoreline of Puget Sound may waive any of the re- the harbor and northward along the quirements of this section for any ves- seaward shoreline to the beginning. sel or class of vessels upon finding that (4) Columbia River Bar, Wash.-Oreg.: a vessel or class of vessels, operational From a point on the shoreline at conditions or other circumstances are 46°18′00″ N., 124°04′39″ W. thence west- such that application of this section is ward to 46°18′00″ N., 124°09′30″ W. thence unnecessary or impractical for the pur- southward to 46°12′00″ N., 124°09′30″ W. pose of port security, safety or environ- thence eastward to a point on the mental safety. shoreline at 46°12′00″ N., 123°59′33″ W. [USCG–2009–0331, 74 FR 42028, Aug. 20, 2009] thence eastward to Tansy Point Range Front Light at 46°11′16″ N., 123°55′05″ W.; § 165.1325 Regulated Navigation Areas; thence northward to Chinook Point at Bars Along the Coasts of Oregon 46°15′08″ N., 123°55′25″ W. thence and Washington. northwestward to the north end of (a) Regulated navigation areas. Each of Sand Island at 46°17′29″ N., 124°01′25″ W. the following areas is a regulated navi- thence southwestward to a point on the gation area: north shoreline of the harbor at (1) Quillayute River Entrance, Wash.: 46°16′25″ N., 124°02′28″ W. thence From the west end of James Island northwestward and southwestward 47°54′23′ N., 124°39′05′ W. southward to along the north shoreline of the harbor buoy No. 2 at 47°53′42′ N., 124°38′42′ W. and northward along the seaward eastward to the shoreline at 47°53′42′ N., shoreline to the beginning. 124°37′51′ W., thence northward along (5) Nehalem River Bar, Oreg.: From a the shoreline to 47°54′29′ N., 124°38′20′ W. point on the shoreline 45°41′25″ N., thence northward to 47°54′36′ N., 123°56′16″ W. thence westward 45°41′25″ 124°38′22′ W. thence westward to the be- N., 123°59′00″ W. thence southward to ginning. 45°37′25″ N., 123°59′00″ W. thence east- (2) Grays Harbor Entrance, Wash.: ward to a point on the shoreline at From a point on the shoreline at 45°37′25″ N., 123°56′38″ W. thence north- 46°59′00″ N., 124°10′10″ W. westward to ward along the shoreline to the north 46°59′00″ N., 124°15′30″ W. thence south- end of the south jetty at 45°39′40″ N., ward to 46°51′00″ N., 124°15′30″ W. thence 123°55′45″ W. thence westward to a point eastward to a point on the shoreline at on the shoreline at 45°39′45″ N., 46°51′00″ N., 124°06′40″ W. thence north- 123°56′19″ W. thence northward along ward along the shoreline to a point at the shoreline to the beginning. the south jetty 46°54′20″ N., 124°08′07″ W. (6) Tillamook Bay Bar, Oreg.: From a thence eastward to 46°54′10″ N., point on the shoreline at 45°35′15″ N., 124°05′00″ W. thence northward to 123°57′05″ W. thence westward 45°35′15″ 46°55′00″ N., 124°03′30″ W. thence N., 124°00′00″ W. thence southward to northwestward to Damon Point at 45°30′00″ N., 124°00′00″ W. thence east- 46°56′50″ N., 124°06′30″ W. thence westward to a point on the shoreline at ward along the north shoreline of the 45°30′00″ N., 123°57′40″ W. thence north- harbor to the north jetty at 46°55′40″ N., ward along the shoreline to the north 124°10′27″ W. thence northward along end of Kincheloe Point at 45°33′30″ N., the shoreline to the beginning. 123°56′05″ W. thence northward to a (3) Willapa Bay, Wash.: From a point point on the north shoreline of the har- on the shoreline at 46°46′00″ N., bor at 45°33′40″ N., 123°55′59″ W. thence 124°05′40″ W. westward to 46°44′00″ N., westward along the north shoreline of 124°10′45″ W. thence eastward to a point the harbor then northward along the on the shoreline at 46°35′00″ N., seaward shoreline to the beginning. 124°03′45″ W. thence northward along (7) Netarts Bay Bar, Oreg.: From a the shoreline around the north end of point on the shoreline at 45°28′05″ N. Leadbetter Point thence southward thence westward to 45°28′05″ N., along the east shoreline of Leadbetter 124°00′00″ W. thence southward to Point to 46°36′00″ N., 124°02′15″ W. 45°24′00″ N., 124°00′00″ W. thence east- thence eastward to 46°36′00″ N., ward to a point on the shoreline at 124°00′00″ W. thence northward to Toke 45°24′00″ N., 123°57′45″ W. thence north- point at 46°42′15″ N., 123°58′00″ W. thence ward along the shoreline to 45°26′03″ N.,

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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 along the south bank of the entrance southeastward to a point on the shore- channel to the highway bridge thence line at 43°20′25′ N., 124°22′28′ W. thence northward to the north bank at the northward along the shoreline and bridge thence westward along the eastward along the south shore of the north bank of the entrance channel and entrance channel to a point on the northward along the seaward shoreline shoreline at 43°20′52′ N., 124°19′12′ W. to the beginning. thence eastward to a point on the east (10) Yaquina Bay Bar, Oreg.: From a shoreline of the harbor at 43°21′00′ N., point on the shoreline at 44°38′11″ N., 124°18′50′ W. thence northward to a 124°03′47″ W. thence westward to point on the west shoreline of the har- 44°38′11″ N., 124°05′55″ W. thence south- bor at 43°21′45′ N., 124°19′10′ W. thence ward to 44°35′15″ N., 124°06′05″ W. thence south and west along the west shore- eastward to a point on the shoreline at line of the harbor thence northward 44°35′15″ N., 124°04′02″ W. thence north- along the seaward shoreline to the be- ward along the shoreline and eastward ginning. along the south bank of the entrance (14) Coquille River Bar, Oreg.: From a channel to the highway bridge thence point on the shoreline at 43°08′25′ N., northward to the north bank of the en- 124°25′04′ W. thence southwestward to trance channel at the bridge thence 43°07′50′ N., 124°27′05′ W. thence southwestward along the north bank of the westward to 43°07′03′ N., 124°28′25′ W. entrance channel and northward along thence eastward to a point on the the seaway shoreline to the beginning. shoreline at 43°06′00′ N., 124°25′55′ W. (11) Siuslaw River Bar, Oreg.: From a thence northward along the shoreline point on the shoreline at 44°02′00″ N., and eastward along the south shoreline 124°08′00″ W. thence westward to of the channel entrance to 43°07′17′ N., 44°02′00″ N., 124°09′30″ W. thence south- 124°25′00′ W. thence northward to the ward to 44°00′00″ N., 124°09′30″ W. thence east end of the north jetty at 43°07′24′ eastward to a point on the shoreline at N., 124°24′59′ W. thence westward along 44°00′00″ N., 124°08′12″ W. thence north- the north shoreline of the entrance ward along the shoreline and south- channel and northward along the seaward along the west bank of the en- ward shoreline to the beginning. trance channel to 44°00′35″ N., 124°07′48″ (15) Rogue River Bar, Oreg.: From a W. thence southeastward to a point on point on the shoreline at 42°26′25′ N.,

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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 northwestward to a point on the shore- (8) Fishing vessel means a vessel that line at 42°02′10′ N., 124°15′35′ W. thence commercially engages in the catching, northwestward along the shoreline taking, or harvesting of fish or an ac- thence northward along the east shore- tivity that can reasonably be expected line of the channel entrance to 42°02′47′ to result in the catching, taking, or N., 124°16′03′ W. thence northward along harvesting of fish. the west face of the inner jetty and (9) Readily accessible means equip- east shoreline of the channel entrance ment that is taken out of stowage and to the highway bridge thence westward is available within the same space as to the west shoreline of the channel at any person for immediate use during the highway bridge thence southward an emergency. along the west shoreline of the channel (10) Recreational vessel is any vessel thence westward along the seaward manufactured or used primarily for shoreline to the beginning. non-commercial use or leased, rented, (b) Definitions. For the purposes of or chartered to another for the latter’s this section: non-commercial use. It does not in- (1) Bar closure means that the oper- clude a vessel engaged in carrying pay- ation of any vessel within a regulated ing passengers. navigation area established in para- (11) Small passenger vessel means a graph (a) of this section has been pro- vessel inspected under 46 CFR sub- hibited by the Coast Guard. chapter T or 46 CFR subchapter K. (2) Bar crossing plan (also known as a (12) Uninspected passenger vessel Go/No-Go plan) means a plan developed means an uninspected vessel— by local industry professionals, in co- (i) Of at least 100 gross tons; ordination with the Coast Guard, for a (A) Carrying not more than 12 pas- bar within a regulated navigation area sengers, including at least one pas- established in paragraph (a) of this sec- senger-for-hire; or tion and adopted by the master or operator of a small passenger vessel to (B) That is chartered with the crew guide his vessel’s operations on and in provided or specified by the owner or the vicinity of that bar. the owner’s representative and car- (3) Bar restriction means that oper- rying not more than 12 passengers; or ation of a recreational or uninspected (ii) Of less than 100 gross tons; passenger vessel within a regulated (A) Carrying not more than six pas- navigation area established in para- sengers, including at least one pas- graph (a) of this section has been pro- senger-for-hire; or hibited by the Coast Guard. (B) That is chartered with the crew (4) Commercial fishing industry vessel provided or specified by the owner or means a fishing vessel, fish tender ves- the owner’s representative and car- sel, or a fish processing vessel. rying not more than six passengers.

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(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- sures via a Broadcast Notice to Mari- files excluding deckhouses and equip- ners on VHF–FM Channel 16 and 22A. ment. Additionally, Coast Guard personnel F = The minimum freeboard when measured in feet from the lowest point along the may be on-scene to advise the public of upper strake edge to the surface of the any bar restrictions and/or closures. water. (2) Safety requirements for recreational W = Maximum wave height in feet to the vessels. The operator of any rec- nearest highest whole number. reational vessel operating in a regu- (c) Regulations—(1)(i) Bar restriction. lated navigation area established in Passage across the bars located in the paragraph (a) of this section shall en- regulated navigation areas established sure that whenever their vessel is being in paragraph (a) of this section will be towed or escorted across a bar by the restricted for recreational and Coast Guard all persons located in any uninspected passenger vessels as deter- unenclosed areas of their vessel are mined by the Captain of the Port wearing lifejackets and that lifejackets (COTP) or his designated representa- are readily accessible for/to all persons tive. In making this determination, the located in any enclosed areas of their COTP or his designated representative vessel. will determine whether an unsafe con- (3) Safety requirements for Uninspected dition exists for such vessels as defined Passenger Vessels (UPV). (i) The master in paragraph (b) of this section. Addi- or operator of any uninspected pas- tionally, the COTP or his designated senger vessel operating in a regulated representative will use their profes- navigation area established in para- sional maritime experience and knowl- graph (a) of this section shall ensure edge of local environmental conditions that all persons located in any in making their determination. Fac- unenclosed areas of their vessel are tors that will be considered include, wearing lifejackets and that lifejackets but are not limited to: size and type of are readily accessible for/to all persons vessel, sea state, winds, wave period, located in any enclosed areas of their and tidal currents. When a bar is re- vessel: stricted, the operation of recreational (A) When crossing the bar and a bar and uninspected passenger vessels in restriction exists for recreational ves- the regulated navigation area estab- sels of the same length or lished in paragraph (a) of this section (B) Whenever their vessel is being in which the restricted bar is located is towed or escorted across the bar by the prohibited unless specifically author- Coast Guard. ized by the COTP or his designated rep- (ii) The master or operator of any resentative. uninspected passenger vessel operating (ii) Bar closure. The bars located in in a regulated navigation area estab- the regulated navigation areas established in paragraph (a) of this section lished in paragraph (a) of this section during the conditions described in will be closed to all vessels whenever paragraph (c)(3)(i)(A) of this section environmental conditions exceed the shall contact the Coast Guard on VHF– operational limitations of the relevant FM Channel 16 or 22A prior to crossing Coast Guard search and rescue re- the bar between sunset and sunrise. sources as determined by the COTP. The master or operator shall report the When a bar is closed, the operation of following: any vessel in the regulated navigation (A) Vessel name, area established in paragraph (a) of (B) Vessel location or position,

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(C) Number of persons onboard the vessel operating in a regulated naviga- vessel, and tion area established in paragraph (a) (D) Vessel destination. of this section shall ensure that all per- (4) Safety requirements for Small Pas- sons located in any unenclosed areas of senger Vessels (SPV). (i) The master or their vessel are wearing lifejackets or operator of any small passenger vessel immersion suits and that lifejackets or operating in a regulated navigation immersion suits are readily accessible area established in paragraph (a) of for/to all persons located in any en- this section shall ensure that all per- closed spaces of their vessel: sons located in any unenclosed areas of (A) When crossing the bar and a bar their vessel are wearing lifejackets and restriction exists for recreational ves- that lifejackets are readily accessible sels or uninspected passenger vessels of for/to all persons located in any en- the same length or closed areas of their vessel: (B) Whenever their vessel is being (A) When crossing the bar and a bar towed or escorted across the bar by the restriction exists for recreational ves- Coast Guard. sels or uninspected passenger vessels of (ii) The master or operator of any the same length or commercial fishing vessel operating in (B) Whenever their vessel is being a regulated navigation area established towed or escorted across the bar by the in paragraph (a) of this section during Coast Guard. the conditions described in paragraph (ii) Small passenger vessels with bar (c)(5)(i)(A) of this section shall contact crossing plans that have been reviewed the Coast Guard on VHF–FM Channel by and accepted by the Officer in 16 or 22A prior to crossing the bar be- Charge, Marine Inspection (OCMI) are tween sunset and sunrise. The master exempt from the safety requirements or operator shall report the following: provided in paragraph (c)(4)(i) of this (A) Vessel name, section during the conditions described (B) Vessel location or position, in paragraph (c)(4)(i)(A) of this section (C) Number of persons onboard the so long as when crossing the bar the vessel, and master or operator ensures that all (D) Vessel destination. persons on their vessel wear lifejackets (6) All persons and vessels within the in accordance with their bar crossing regulated navigation areas established plan. If the vessel’s bar crossing plan in paragraph (a) of this section must does not specify the conditions when comply with the orders of Coast Guard the persons on their vessel must wear personnel. Coast Guard personnel in- lifejackets, however, then the master clude commissioned, warrant, and or operator must comply with the safe- petty officers of the United States ty requirements provided in paragraph Coast Guard. (c)(4)(i) of this section in their en- [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as tirety. amended at 75 FR 10688, Mar. 9, 2010; 75 FR (iii) The master or operator of any 18055, Apr. 9, 2010; 75 FR 41988, July 20, 2010] small passenger vessel operating in a regulated navigation area established § 165.1326 Regulated Navigation Areas; in paragraph (a) of this section during Port of Portland Terminal 4, Wil- the conditions described in paragraph lamette River, Portland, OR. (c)(4)(i)(A) of this section shall contact (a) Regulated navigation areas. Each of the Coast Guard on VHF–FM Channel the following areas is a regulated navi- 16 or 22A prior to crossing the bar be- gation area: tween sunset and sunrise. The master (1) All waters of the Willamette River or operator shall report the following: in the head of the Port of Portland’s (A) Vessel name, Terminal 4 Slip 3, encompassed by a (B) Vessel location or position, line commencing at 45°36′ 01.861″ N/ (C) Number of persons onboard the 122°46′ 20.995″ W thence to 45°36′ 01.455 N/ vessel, and 122°46′ 20.887″ W thence to 45°36′ 00.993″ (D) Vessel destination. N/122°46′ 20.714″ W thence to 45°36′ (5) Safety requirements for Commercial 00.725″ N/122°46′ 20.923″ W thence to Fishing Vessels (CFV). (i) The master or 45°36′ 00.731″ N/122°46′ 21.262″ W thence operator of any commercial fishing to 45°36′ 00.712″ N/122°46′ 21.823″ W

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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/ Captain of the Port Zone, as defined in 122°46′ 22.372″ W thence to 45°36′ 01.873″ 33 CFR Section 3.65–10, and is being es- N/122°46′ 22.303″ W thence to 45°36′ corted by the Coast Guard. 02.065″ N/122°46′ 21.799″ W thence to (b) Regulations. In accordance with 45°36′ 01.989″ N/122°46′ 21.574″ W thence the general regulations in 33 CFR Sec- to 45°36′ 01.675″ N/122°46′ 21.483″ W tion 165, Subpart D, no person or vessel thence to 45°36′ 01.795″ N/122°46′ 21.442″ may enter or remain in the security W thence to 45°36′ 01.861″ N 122°46′ zone created by paragraph (a) of this 20.995″ W. section unless authorized by the Coast (2) All waters of the Willamette River Guard patrol commander. The Coast in Wheeler Bay between Slip 1 and Slip Guard patrol commander will coordi- 3 in the Port of Portland’s Terminal 4, nate with Vessel Traffic System users encompassed by a line commencing at on a case-by-case basis to make appro- 45°36′ 10.634″ N/122°46′ 39.056″ W thence priate passing arrangements under the to 45°36′ 10.269″ N/122°46′ 37.140″ W circumstances. 33 CFR Section 165, thence to 45°36′ 10.027″ N/122°46′ 36.050″ Subpart D, contains additional provi- W thence to 45°36′ 09.722″ N/122°46′ sions applicable to the security zone 34.181″ W thence to 45°36′ 09.425″ N/ created in paragraph (a) of this section. 122°46′ 33.118″ W thence to 45°36′ 08.960″ (c) Notification. The Coast Guard se- N/122°46′ 32.150″ W thence to 45°36′ curity escort will attempt, when nec- 08.653″ N/122°46′ 31.681″ W thence to essary and practicable, to notify any 45°36′ 08.191″ N/122°46′ 31.341″ W thence persons or vessels inside or in the vi- to 45°36′ 07.886″ N/122°46′ 31.269″ W cinity of the security zone created in thence to 45°36′ 07.517″ N/122°46′ 31.038″ paragraph (a) of this section of its ex- W thence to 45°36′ 07.235″ N/122°46′ istence via VHF Channel 16 and/or any 31.066″ W thence to 45°36′ 07.040″ N/ other means reasonably available. 122°46′ 30.941″ W thence to 45°36′ 06.697″ N/122°46′ 30.987″ W thence to 45°36′ [USCG–2009–1057, 75 FR 28204, May 20, 2010, as ″ ° ′ ″ amended by USCG–2010–0351, 75 FR 47212, 06.509 N/122 46 31.251 W thence to Aug. 5, 2010] 45°36′ 06.201″ N/122°46′ 31.517″ W thence to 45°36′ 06.081″ N/122°46′ 1.812″ W thence § 165.1328 Regulated Navigation Area; to 45°36′ 06.550″ N/122°46′ 32.124″ W U.S. Navy submarines, Hood Canal, thence to 45°36′ 06.970″ N/122°46′ 31.895″ WA. W thence to 45°36′ 07.172″ N/122°46′ (a) Location. The following area is a 31.868″ W thence to 45°36′ 07.883″ N/ regulated navigation area (RNA): All 122°46′ 32.316″ W thence to 45°36′ 08.370″ waters of the Hood Canal in the State N/122°46′ 32.927″ W thence to 45°36′ of Washington whenever any U.S. Navy 08.775″ N/122°46′ 33.888″ W thence to submarine is operating in the Hood 45°36′ 09.121″ N/122°46′ 35.337″ W thence Canal and is being escorted by the to 45°36′ 09.230″ N/122°46′ 36.166″ W Coast Guard. For purposes of this sec- thence to 45°36′ 09.442″ N/122°46′ 37.759″ tion, ‘‘Hood Canal’’ means all waters of W thence to 45°36′ 09.865″ N/122°46′ Hood Canal, including Dabob Bay, lo- 39.511″ W thence to 45°36′ 10.421″ N/ cated between two lines with the first 122°46′ 39.469″ W thence to 45°36′ 10.634″ line connecting positions 47°37.9′ N, N/122°46′ 39.056″ W. 122°57.1′ W and 47°37.9′ N, 122°52.9′ W and (b) Regulations. All vessels are prohib- the second line connecting positions ited from anchoring, dragging, dredg- 48°00.7′ N, 122°41.0′ W and 47°56.4′ N, ing, or trawling in the regulated navi- 122°36.9′ W gation areas established in paragraph (b) Regulations. All persons and ves- (a) of this section. sels located within the RNA created by [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] paragraph (a) of this section shall follow all lawful orders and/or directions § 165.1327 Security Zone; escorted U.S. given to them by Coast Guard security Navy submarines in Sector Seattle escort personnel. 33 CFR Section 165, Captain of the Port Zone. Subpart B, contains additional provi- (a) Location. The following area is a sions applicable to the RNA created in security zone: All waters within 1000 paragraph (a) of this section.

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(c) Notification. The Coast Guard se- wise transit or navigate within this curity escort will attempt, when nec- area without reservation. essary and practicable, to notify any (2) The prohibition described in para- persons or vessels in the RNA created graph (b)(1) of this section does not in paragraph (a) of this section of its apply to vessels or persons engaged in existence via VHF Channel 16 and/or activities associated with remediation any other means reasonably available. efforts in the Thea Foss, Middle Water- way, or Wheeler-Osgood Waterways [USCG–2009–1058, 75 FR 27640, May 18, 2010] superfund sites, provided that the Cap- tain of the Port, Puget Sound (COTP), § 165.1329 Regulated Navigation Area; Thea Foss, Middle Waterway, and is given advance notice of those activi- Wheeler-Osgood Waterways EPA ties by the EPA. Superfund Cleanup Site, Com- (c) Waiver. Upon written request stat- mencement Bay, Tacoma, WA. ing the need and proposed conditions of the waiver, and any proposed pre- (a) Regulated areas. The following cautionary measures, the COTP may areas are regulated navigation areas: authorize a waiver from this section if (1) All waters of the Thea Foss Wa- the COTP determines that the activity terway bounded by a line connecting for which the waiver is sought can take the following points: Point 1: place without undue risk to the reme- ° ′ ″ ° ′ ″ 47 15 43.49 N, 122 26 23.29 W; Point 2: diation efforts described in paragraph ° ′ ″ ° ′ ″ 47 15 44.59 N, 122 26 19.89 W; Point 3: (b)(1) of this section. The COTP will ° ′ ″ ° ′ ″ 47 15 39.01 N, 122 26 15.99 W; Point 4: consult with EPA in making this deter- ° ′ ″ ° ′ ″ 47 15 37.91 N, 122 26 19.39 W. [Datum: mination when necessary and prac- NAD 1983]. ticable. (2) All waters of the Thea Foss Wa- terway bounded by a line connecting [USCG–2008–0747, 75 FR 76281, Dec. 8, 2010, as the following points: Point 1: amended by USCG–2018–0970, 85 FR 214, Jan. 3, 2020] 47°15′22.74″ N, 122°25′57.15″ W; Point 2: 47°15′22.52″ N, 122°26′0.18″ W; Point 3: § 165.1330 Safety Zone; Fleet Week 47°15′18.05″ N, 122°25′59.48″ W; Point 4: Maritime Festival, Pier 66, Elliott 47°15′18.26″ N, 122°25′56.45″ W. [Datum: Bay, Seattle, Washington. NAD 1983]. (a) Location. The following area is a (3) All waters of the Thea Foss and safety zone: All waters extending 100 Wheeler-Osgood Waterways south of a yards from Pier 66, Elliott Bay, WA line bounded by connecting the fol- within a box encompassed by the lowing points: Point 1: 47°15′13.94″ N, points, 47°36.719′ N, 122°21.099′ W; 122°26′05.56″ W; Point 2: 47°15′15.01″ N, 47°36.682′ N, 122°21.149′ W; 47°36.514′ N, 122°25′55.14″ W. [Datum: NAD 1983]. 122°20.865′ W; and 47°36.552′ N, 122°20.814′ (4) All waters of the Middle Water- W. way south of a line connecting a point (b) Regulations. In accordance with of the shore at 47°15′51″ N, 122°25′53″ W; the general regulations in 33 CFR Part thence southwest to 47°15′48.6858″ N, 165, Subpart C, no vessel operator may 122°26′02.2374″ W; thence south to enter, transit, moor, or anchor within 47°15′46.7316″ N, 122°26′01.1214″ W this safety zone, except for vessels au- [Datum: NAD 1983]. thorized by the Captain of the Port or (b) Regulations. (1) All vessels and Designated Representative, thirty min- persons are prohibited from activities utes prior to the beginning, during and that would disturb the seabed, such as thirty minutes following the conclu- anchoring, dragging, spudding, or other sion of the Parade of Ships. For the activities that involve disrupting the purpose of this rule, the Parade of integrity of the sediment caps installed Ships includes both the pass and review in the designated regulated navigation of the ships near Pier 66 and the aerial area, pursuant to the remediation ef- demonstrations immediately following forts of the U.S. Environmental Pro- the pass and review. The Captain of the tection Agency (EPA) and others in the Port may be assisted by other federal, Thea Foss, Middle Waterway, and state, or local agencies as needed. Wheeler-Osgood Waterways EPA super- (c) Authorization. In order to transit fund cleanup site. Vessels may other- through this safety zone, authorization

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must be granted by the Captain of the (d) Enforcement period. This rule is en- Port, Puget Sound, or their Designated forced annually during the parade of Representative. All vessel operators de- ships which typically occurs on a siring entry into this safety zone shall Wednesday during the last week of gain authorization by contacting ei- July or the first week in August from ther the on-scene U.S. Coast Guard pa- 8 a.m. until 8 p.m. unless cancelled trol craft on VHF Ch 13 or Ch 16, or sooner by the Captain of the Port. Coast Guard Sector Puget Sound Joint [USCG–2010–0062, 76 FR 30018, May 24, 2011] Harbor Operations Center (JHOC) via telephone at (206) 217–6002. Requests § 165.1332 Safety Zones; annual fire- shall indicate the reason why move- work displays within the Captain of ment within the safety zone is nec- the Port, Puget Sound Area of Re- essary and the vessel’s arrival and/or sponsibility. departure facility name, pier and/or (a) Safety Zones. The following areas berth. Vessel operators granted permis- are designated safety zones: sion to enter this safety zone will be (1) All waters of Puget Sound, Wash- escorted by the on-scene patrol until ington, extending to a 450 yard radius no longer within the safety zone. from the following launch sites:

CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS

Event name (typically) Event location Latitude Longitude

Steilacoom Annual Fireworks ...... Steilacoom ...... 47°10.4′ N 122°36.2′ W Tacoma Freedom Fair ...... Commencement Bay ...... 47°17.103′ N 122°28.410′ W City of Anacortes ...... Fidalgo Bay ...... 48°30.016′ N 122°36.154′ W Alderbrook Resort & Spa Fireworks ...... Hood Canal ...... 47°21.033′ N 123°04.1′ W Fireworks Display ...... Henderson Bay ...... 47°21.8′ N 122°38.367′ W Des Moines Fireworks ...... Des Moines ...... 47°24.117′ N 122°20.033′ W Three Tree Point Community Fireworks .... Three Tree Point ...... 47°27.033′ N 122°23.15′ W City of Renton Fireworks ...... Renton, Lake Washington ...... 47°30.386′ N 122°12.502′ W Port Orchard Fireworks ...... Port Orchard ...... 47°32.883′ N 122°37.917′ W Chimes and Lights ...... Port Orchard ...... 47°32.75′ N 122°38.033′ W Seattle Seafair ...... Lake Washington ...... 47°34.333′ N 122°16.017′ W Mercer Island Celebration ...... Mercer Island ...... 47°35.517′ N 122°13.233′ W Medina Days ...... Medina Park ...... 47°36.867′ N 122°14.5′ W Bainbridge Island Fireworks ...... Eagle Harbor ...... 47°37.142′ N 122°30.397′ W Whaling Days ...... Dyes Inlet ...... 47°38.65′ N 122°41.35′ W Yarrow Point Community ...... Yarrow Point ...... 47°38.727′ N 122°13.466′ W City of Kenmore Fireworks ...... Lake Forest Park ...... 47°45.25′ N 122°15.75′ W Kirkland Concours D’Elegence ...... Kirkland ...... 47°39.521′ N 122°12.439′ W Kirkland Fireworks ...... Kirkland ...... 47°40.583′ N 122°12.84′ W Liberty Bay Fireworks ...... Liberty Bay ...... 47°43.917′ N 122°39.133′ W Sheridan Beach Community ...... Lake Forest Park ...... 47°44.783′ N 122°16.917′ W Langlie’s Old Fashioned Independence Indianola ...... 47°44.817′ N 122°31.533′ W Celebration. Lake Forest Park Fireworks ...... Lake Forest Park ...... 47°45.117′ N 122°16.367′ W Vashon Island Fireworks ...... Quartermaster Harbor ...... 47°24.0′ N 122°27.0′ W Kingston Fireworks ...... Appletree Cove ...... 47°47.65′ N 122°29.917′ W Mukilteo Lighthouse Festival ...... Possession Sound ...... 47°56.9′ N 122°18.6′ W Brewster Fire Department Fireworks ...... Brewster ...... 48°05.362′ N 119°47.147′ W Port Angeles ...... Port Angeles Harbor ...... 48°07.033′ N 123°24.967′ W Port Townsend Sunrise Rotary ...... Port Townsend ...... 48°08.413′ N 122°45.531′ W Friday Harbor Independence ...... Friday Harbor ...... 48°32.255′ N 123°0.654′ W Roche Harbor Fireworks ...... Roche Harbor ...... 48°36.7′ N 123°09.5′ W Deer Harbor Annual Fireworks Display ..... Deer Harbor ...... 48°37.0′ N 123°00.25′ W. Orcas Island ...... Orcas Island ...... 48°41.317′ N 122°54.467′ W Blast Over Bellingham ...... Bellingham Bay ...... 48°44.933′ N 122°29.667′ W True Colors Event ...... Blaine ...... 48°59.488′ N 122°46.339′ W John Eddy Wedding ...... Magnolia Bluff ...... 49°38.988′ N 122°25.356′ W City of Mount Vernon Fireworks ...... Edgewater Park ...... 48°25.178′ N 122°20.424′ W Chase Family Fourth at Lake Union ...... Lake Union ...... 47°38.418′ N 122°20.111′ W Port Ludlow Fireworks ...... Port Ludlow ...... 47°55.161′ N 122°41.157′ W Boston Harbor 4th of July ...... Boston Harbor ...... 47°08.626′ N 122°54.149′ W Everett 4th of July ...... Port Gardner ...... 48°00.672′ N 122°13.391′ W

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(2) [Reserved] tain of the Port or Designated Rep- (b) Special requirements. Firework resentative by contacting either the barges or launch sites on land used in on-scene patrol craft on VHF Ch 13 or locations stated in this rule shall dis- Ch 16 or the Coast Guard Sector Se- play a sign. The sign will be affixed to attle Joint Harbor Operations Center the port and starboard side of the barge (JHOC) via telephone at (206) 217–6002. or mounted on a post 3 feet above (f) Enforcement period. This rule will ground level when on land and in close be enforced from 5 p.m. until 1 a.m. proximity to the shoreline facing the each day a barge with a ‘‘FIRE- water labeled ‘‘FIREWORKS–DAN- WORKS–DANGER–STAY AWAY’’ sign GER–STAY AWAY.’’ This will provide is located within any of the above des- on-scene notice that the safety zone is, ignated safety zone locations and or will, be enforced on that day. This meets the criteria established in sec- notice will consist of a diamond shaped tion (b), within the following time- sign, 4 foot by 4 foot, with a 3 inch or- frames: ange retro-reflective border. The word (1) The last two weeks of December ‘‘DANGER’ shall be 10 inch black block until the conclusion of the first week- letters centered on the sign with the end of January. words ‘‘FIREWORKS’’ and ‘‘STAY (2) The last weekend of June until AWAY’’ in 6 inch black block letters the conclusion of the third week of placed above and below the word July. ‘‘DANGER’’ respectively on a white (3) The second weekend of August background. An on-scene patrol vessel until the conclusion of the fourth week will enforce these safety zones 30 min- of August. utes prior to the start and 30 minutes (4) The first weekend of September after the conclusion of the fireworks until the conclusion of the third week display. of September. (c) Notice of enforcement. These safety (5) The first weekend of December. zones will be activated and thus sub- (g) Contact information. Questions ject to enforcement, under the fol- about safety zones and related events lowing conditions: the Coast Guard should be addressed to COMMANDER must receive and approve a marine (spw), U.S. COAST GUARD SECTOR, event permit for each firework display Attention: Waterways Management Di- and then the Captain of the Port will vision, 1519 Alaskan Way South, Se- cause notice of the enforcement of attle, WA 98134–1192. these safety zones to be made by all ap- [USCG–2010–0063, 75 FR 33700, June 15, 2010, as propriate means to provide notice to amended by USCG–2011–0842, 76 FR 61265, Oct. the affected segments of the public as 4, 2011; USCG–2013–0220, 78 FR 29025, May 17, practicable, in accordance with 33 CFR 2013] 165.7(a). The Captain of the Port will issue a Broadcast Notice to Mariners § 165.1333 Security Zones, Seattle’s and Local Notice to Mariners notifying Seafair Fleet Week moving vessels, the public of activation and suspension Puget Sound, WA. of enforcement of these safety zones. (a) Location. The following areas are Additionally, an on-scene Patrol Com- security zones: All navigable waters mander will ensure enforcement of this within 500 yards of each designated safety zone by limiting the transit of participating vessel in the Parade of non-participating vessels in the des- Ships while each such vessel is in the ignated areas described above. Sector Puget Sound Captain of the (d) Regulations. In accordance with Port (COTP) zone, as defined in 33 CFR the general regulations in 33 CFR part 3.65–10, during a time specified in para- 165, subpart C, no vessel operator may graph (e) of this section. The Coast enter, transit, moor, or anchor within Guard will publish a notice in the FED- this safety zone, except for vessels au- ERAL REGISTER each year before the thorized by the Captain of the Port or start of the Seattle Seafair Fleet Week Designated Representative. to identify the designated partici- (e) Authorization. All vessel operators pating vessels for that year. Should in- who desire to enter the safety zone formation in the notice change after must obtain permission from the Cap- publication, as it may for operational

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reasons, the Coast Guard will use ac- (e) Annual enforcement period. The se- tual notice to enforce security zones curity zones described in paragraph (a) around participating vessels not in the of this section will be enforced during published notice. The Coast Guard will Seattle Seafair Fleet Week each year also provide this information in the for a period of up to 1 week. The Se- Local Notice to Mariners. attle Seafair Fleet Week will occur an- (b) Definitions. For purposes of this nually sometime between July 25 and section— August 14. The annual notice published Designated participating vessel means a in the FEDERAL REGISTER identifying military vessel participating in the Se- the designated participating vessels attle Seafair Fleet Week that has been will contain the dates and times that designated by the Sector Puget Sound this section will be enforced. The Coast COTP in accordance with this section. Guard will issue a Broadcast Notice to Designated representative means any Mariners before the start of the Seattle Coast Guard commissioned, warrant, or Seafair Fleet Week to identify the des- petty officer who has been designated ignated participating vessels for that by the COTP to implement or enforce year. In addition, members of the pub- this section. lic may contact the Sector Puget Sound COTP at (206) 217–6002 for a list Seattle Seafair Fleet Week means an of participating vessels. annual event involving a parade of U.S. Navy, U.S. Coast Guard, and foreign [USCG–2011–1126, 77 FR 40524, July 10, 2012, as military ships in Seattle’s Elliott Bay amended by USCG–2018–0105, 83 FR 30347, waterfront and tours of those ships June 28, 2018] while docked at Port of Seattle facilities. § 165.1334 Security Zone; U.S. Coast Guard BSU Seattle, Pier 36, Elliot (c) Regulations. Under 33 CFR Part Bay, Seattle, WA. 165, Subpart D, no person or vessel may enter or remain in the security zones (a) Location. The following area is a described in paragraph (a) of this sec- security zone: All waters in Elliot Bay tion without the permission of the east of a line from 47°35′26.67″ N COTP or a designated representative. 122°20′34.84″ W to 47°35′23.69″ N The COTP has granted general permis- 122°20′34.77″ W at Pier 36, Elliot Bay, sion for vessels to enter the outer 400 Seattle, WA. yards of the security zones as long as (b) Regulations: Under 33 CFR part those vessels within the outer 400 yards 165, subpart D, no vessel may enter, of the security zones operate at the transit, moor, or anchor within this se- minimum speed necessary to maintain curity zone located at Pier 36, Elliot course unless required to maintain Bay, WA, except for vessels authorized speed by the navigation rules. The by the Captain of the Port Puget COTP may be assisted by other federal, Sound or Designated Representative. state or local agencies with the en- (c) Authorization: To request author- forcement of the security zones. ization to operate within this security (d) Authorization. All vessel operators zone, contact United States Coast who desire to enter the inner 100 yards Guard Sector Puget Sound Joint Har- of the security zones or transit the bor Operations Center at 206–217–6001. outer 400 yards at greater than min- [USCG–2010–0021, 75 FR 53196, Aug. 31, 2010, as imum speed necessary to maintain amended at 75 FR 67032, Nov. 1, 2010] course must obtain permission from the COTP or a Designated Representa- § 165.1335 Security Zone; Vessels Car- tive by contacting the on-scene Coast rying Hazardous Cargo, Sector Co- Guard patrol craft on VHF 13 or Ch 16. lumbia River Captain of the Port Requests must include the reason why Zone. movement within this area is nec- (a) Location. The following area is a essary. Vessel operators granted per- security zone: All waters within 500 mission to enter the security zones will yards, in all directions, of any vessel be escorted by the on-scene Coast carrying hazardous cargo, as deter- Guard patrol craft until they are out- mined by the Captain of the Port side of the security zones. (COTP) Columbia River, while such a

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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 section. Subpart D of 33 CFR part 165 that the Captain of the Port, Puget contains additional provisions applica- Sound (COTP), is given advance notice ble to a security zone created by this of those activities by the EPA. section. (3) Nothing in this section is intended (2) To request permission to enter a to conflict with treaty fishing rights of security zone created by this section, the Muckleshoot and Suquamish contact Coast Guard Sector Columbia tribes, and they are not restricted from River at telephone number 503–861–6212 any type of fishing in the described or via VHF channel 16 (156.8 MHz) or area. VHF channel 22 (157.1 MHz). (c) Waivers. Upon written request (c) Notification. When a security zone stating the need and proposed condi- is created by this section, one or more tions of the waiver, and any proposed Coast Guard vessels will be present to precautionary measures, the COTP enforce the security zone and the COTP may authorize a waiver from this sec- Columbia River will issue a local tion if the COTP determines that the broadcast notice to mariners. activity for which the waiver is sought [USCG–2009–1134, 76 FR 28317, May 17, 2011] can take place without undue risk to the remediation efforts described in § 165.1336 Regulated Navigation Area; paragraph (b)(1) of this section. The Pacific Sound Resources and COTP will consult with EPA in making LockheedShipyard Superfund Sites, Elliott Bay, Seattle, WA. this determination when necessary and practicable. (a) Regulated areas. The following areas are regulated navigation areas: [USCG–2010–1145, 77 FR 21435, Apr. 10, 2012] (1) All waters inside an area beginning at a point on the shore at 47°35′ § 165.1337 Regulated Navigation Area, 02.7″ N 122°22′23.00″ W; thence north to Zidell Waterfront Property, Willam- 47°35′26.00″ N 122°22′23.00″ W; thence east ette River, OR. to 47°35′26.00″ N 122°21′52.50″ W; thence (a) Regulated navigation area. The fol- south to 47°35′10.80″ N 122°21′52.50″ W; lowing area is a regulated navigation thence southwest to a point on the area: All waters within the area bound- shoreline at 47°35′05.9″ N 122°21′58.00″ W. ed by the following points: 45°29′55.12″ [Datum: NAD 1983]. N/122°40′2.19″ W; thence continuing to (2) All waters inside an area begin- 45°29′55.14″ N/122°39′59.36″ W; thence con- ning at 47°34′ 52.16″ N 122°21′27.11″ W; tinuing to 45°29′56.30″ N/122°39 59.09″ W; thence to 47°34′ 53.46″ N 122°21′30.42″ W; thence continuing to 45°29′57.51″ N/ thence to 47°34′ 37.92″ N 122°21′30.51″ W; 122°39′59.64″ W; thence continuing to thence to 47°34′ 37.92″ N 122°21′27.65″ W. 45°29′58.72″ N/122°39′59.64″ W; thence con- [Datum: NAD 1983]. tinuing to 45°30′0.52″ N/122°39′59.94″ W; (b) Regulations. (1) All vessels and thence continuing to 45°30′1.95″ N/ persons are prohibited from activities 122°40′0.46″ W; thence continuing to

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45°30′3.44″ N/122°40′0.78″ W; thence con- apply to vessels or persons engaged in tinuing to 45°30’ 4.87″ N/122°40’ 0.95″ W; activities associated with remediation thence continuing to 45°30′7.33″ N/ efforts in the superfund sites, provided 122°40′1.80″ W; thence continuing to that the Captain of the Port, Puget 45°30′8.11″ N/122°40′2.69″ W; thence con- Sound (COTP), is given advance notice tinuing to 45°30′8.83″ N/122°40′3.81″ W; of those activities by the Environ- thence continuing to 45°30′13.06″ N/ mental Protection Agency. 122°40′5.39″ W; thence continuing to (3) The prohibition described in para- 45°30′15.30″ N/122°40′6.93″ W; thence con- graph (b)(1) of this section does not tinuing to 45°30′17.78″ N/122°40′8.16″ W; apply to vessels or person engaged in thence continuing to 45°30′20.53″ N/ fishing activities pursuant to fishing 122°40′9.07″ W; thence continuing to rights held by treaty with the United 45°30′20.90″ N/122°40′11.52″ W; thence con- States. tinuing to 45°30′24.04″ N/122°40′12.53″ W; (c) Waivers. Upon written request thence continuing to 45°30′23.79″ N/ stating the need and proposed condi- 122°40′14.87″ W; thence continuing along tions of the waiver, and any proposed the shoreline to 45°29′55.12″ N/122°40′2.19″ precautionary measures, the COTP W. Geographically the regulated navi- may authorize a waiver from this sec- gation area covers all waters adjacent tion if the COTP determines that the to the Zidell Waterfront Property on activity for which the waiver is sought the Willamette River extending from can take place without undue risk to the west bank of the river out 200 to 400 the remediation efforts described in feet into the river depending on the paragraph (b)(1) of this section. The exact location between approximate COTP will consult with EPA in making river mile 14.2 near the Ross Island this determination when necessary and Bridge and approximate river mile 13.5 practicable. near the Marquam Bridge. [USCG–2013–0293, 79 FR 62829, Oct. 21, 2014] (b) Regulations. All vessels are prohibited from anchoring, dragging, dredg- § 165.1339 Safety Zone; Coast Guard ing, or trawling in the regulated navi- Exercise Area, Hood Canal, Wash- gation area established by this section. ington. See 33 CFR part 165, subpart B, for ad- (a) Location. The following area is a ditional information and requirements. safety zone: All waters encompassed [USCG–2011–0254, 77 FR 19546, Apr. 2, 2012] within 500 yards of any vessel that is involved in a Coast Guard training ex- § 165.1338 Regulated Navigation Area; ercise while such vessel is transiting Slip 4 Early Action Area Superfund Hood Canal, WA between Foul Weather Site, Lower Duwamish Waterway, Bluff and the entrance to Dabob Bay. Seattle, WA. Vessels involved will be various sizes (a) Regulated Areas. The following and can be identified as those flying areas are regulated navigation areas: the Coast Guard Ensign. All waters within the northern portion (b) Regulations. In accordance with of Slip 4 bounded by the shoreline and the general regulations in 33 CFR Part the southern boundary of the Early Ac- 165, Subpart C, no person may enter or tion Area defined as the line beginning remain in the safety zone created in at a point on the shore at 47°32′08.47″ N, this rule unless authorized by the Cap- 122°19′12.00″ W; thence southeast to a tain of the Port or a Designated Rep- point on the shoreline at 47°32′07.02″ N, resentative. See 33 CFR Part 165, Sub- 122°19′09.23″ W (Datum: NAD 1983/91). part C, for additional information and (b) Regulations. (1) All vessels and requirements. Vessel operators wishing persons are prohibited from grounding, to enter the zone during the enforce- anchoring, dragging, trawling, spud- ment period must request permission ding, or otherwise contacting the riv- for entry by contacting the on-scene erbed within the designated regulated patrol commander on VHF channel 13 navigation area. Vessels may otherwise or 16, or the Sector Puget Sound Joint transit or navigate within this area in Harbor Operations Center at (206) 217– accordance with the Navigation Rules. 6001. (2) The prohibition described in para- (c) Definition. Training exercises are graph (b)(1) of this section does not defined as full scale exercises that are

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significant in nature and involve mul- is not reached, the Coast Guard, as a tiple units and vessels. This safety zone federal trustee, will conduct consulta- will not be utilized by operations and tion with the Muckleshoot Tribe to en- training which is conducted daily or is sure Vigor movements will avoid Trea- routine in nature. ty impacts. (d) Enforcement period. The safety (c) Enforcement periods. The safety zone described in paragraph (a) of this zone described in paragraph (a) of this section would be enforced by the Cap- section will be enforced by the Captain tain of the Port only upon notice. No- of the Port only upon notice. Notice of tice of enforcement by the Captain of the Port will be provided 45 days prior enforcement by the Captain of the Port to execution of the exercise by all ap- will be provided prior to execution of propriate means, in accordance with 33 the drydock movement by all appro- CFR 165.7(a). Such means will include priate means, in accordance with publication in the FEDERAL REGISTER, § 165.7(a). Such means will include and may also include Broadcast Notice issuance of a notice of enforcement to to Mariners, Local Notice to Mariners, be published in the FEDERAL REGISTER, or both. Local Notice to Mariners, and Special Marine Information Broadcast. [USCG–2012–0900, 78 FR 8029, Feb. 7, 2013] [USCG–2015–1061, 83 FR 14591, Apr. 5, 2018] § 165.1340 Safety Zone; Vigor Indus- trial Drydock Movement, West § 165.1341 Regulated Navigation Area; Duwamish Waterway; Seattle, WA. Lake Washington, Seattle, WA. (a) Location. The following area is a (a) Location. The following area is a safety zone: All waters of the West Duwamish Waterway in Seattle, WA regulated navigation area: All waters encompassed within the area created of Lake Washington south of the Inter- by connecting the following points: state 90 Floating West Bound Bridge 47°35′04″ N, 122°21′30″ W thence westerly and north of the points between Bailey to 47°35′04″ N, 122°21′50″ W thence north- Peninsula at 47°33′14.4″ N, 122°14′47.3″ W erly to 47°35′19″ N, 122°21′50″ W thence and Mercer Island at 47°33′24.5″ N, easterly to 47°35′19″ N, 122°21′30″ W 122°13′52.5″ W. thence southerly to 47°35′04″ N, (b) Definitions. As used in this sec- 122°21′30″ W. tion, designated representative means a (b) Regulations. (1) In accordance with Coast Guard Patrol Commander, in- the general regulations in subpart C of cluding a Coast Guard coxswain, petty this part, when a notice of enforcement officer, or other officer operating a has been issued, no person may enter Coast Guard vessel and a Federal, or remain in the safety zone created by State, and local officer designated by this section unless authorized by the or assisting the Captain of the Port Captain of the Port or a Designated Puget Sound (COTP) in the enforce- Representative. See subpart C of this ment of the regulated navigation zone. part for additional safety zone informa- (c) Regulations. All vessels and per- tion and requirements. Vessel opera- sons transiting the regulated naviga- tors wishing to enter the zone during tion area described in paragraph (a) of the enforcement period must request this section must proceed at a speed permission for entry by contacting the Joint Harbor Operation Center at 206– which creates minimum wake, 7 miles 217–6001 or the Vessel Traffic Service per hour or less, unless a higher min- Puget Sound on VHF channel 14. imum speed is necessary to maintain (2) In order to reach an agreeable bare steerageway. timeframe that avoids impacts to trea- (d) Enforcement periods. This section ty fishing activities, the Coast Guard will be enforced annually immediately will communicate with the before and after Seafair events which Muckleshoot Tribe and Vigor Indus- usually occurs during the last week in trial once it receives notification from July and the first two weeks of August. Vigor Industrial concerning drydock The event will be one week or less in movements that require the enforce- duration and the specific dates and ment of the safety zone. If agreement times of the enforcement periods will

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be published in a notice of enforcement enter or remain in the safety zone ex- in the FEDERAL REGISTER. cept for support vessels, support personnel, and other vessels authorized by [USCG–2019–0296, 84 FR 71824, Dec. 30, 2019] the Captain of the Port, Sector Hono- FOURTEENTH COAST GUARD DISTRICT lulu (COTP), or a designated representative of the COTP. All commercial ves- § 165.14–1414 Safety Zones; Hawaiian sels must evacuate the harbor and Islands Commercial Harbors; HI. transit seaward beyond the 50 fathom (a) Location. The following commer- (300 foot) curve. These commercial har- cial harbors are safety zones: bors will remain closed to all (1) All waters of Nawiliwili Harbor, transiting vessels until the Captain of Kauai inland from a line drawn be- the Port Honolulu lifts the evacuation tween 21° 56′58″ N, 159° 21′28″ W and 21° order. All other applicable regulations 57′11″ N, 159° 21′10″ W; in 33 CFR 165 remain in effect and sub- (2) All waters of Port Allen, Kauai ject to enforcement. You may contact immediately adjacent to the Depart- the Coast Guard on VHF Channel 16 ment of Transportation commercial (156.800 MHz) or at telephone number pier (located at 21° 53′59″ N, 157° 35′21″ 808–842–2600 to obtain clarification on W) extending out to 100 yards from the safety zone transits and locations. piers faces; Coast Guard patrol boats will be en- (3) All waters of Barber’s Point Har- forcing the safety zones and providing bor, Oahu inland from a line drawn be- on-scene direction. Any vessel not ca- tween 21° 19′30″ N, 158° 07′14″ W and 21° pable of evacuating must contact the 19′18″ N, 158° 07′18″ W; Coast Guard Sector Command Center (4) All waters of Honolulu Harbor, at (808) 842–2601 to request a waiver Oahu inland from a line drawn between from evacuating the harbor. 21° 17′56″ N, 157° 52′15″ W and 21° 17′45″ N, (c) Enforcement period. Paragraph (b) 157° 52′10″ W; of this section will be enforced when a (5) All waters of Kaunakakai Harbor, tsunami warning has been issued for immediately adjacent to the Inter- the Hawaiian Islands. The COTP will island Cargo Terminal or Ferry Ter- notify the public of any enforcement minal Pier out to 100 yards of the west through the following means to ensure face of the pier; the widest publicity: Broadcast notice (6) All waters of Kaumalapau Harbor, to mariners, notices of enforcement, Lanai inland from a line drawn be- press releases and the Coast Guard’s tween 20° 47′10″ N, 156° 59′32″ W and 21° Homeport Web site. Following the pas- 47′01″ N, 156° 59′31″ W; sage of the tsunami or tsunami threat (7) All waters of Kahului Harbor, and harbor assessments as required, de- Maui inland from a line drawn between activation of these safety zones will be 20° 54′01″ N, 156° 28′26″ W and 20° 54′02″ N, conducted through radio broadcast by 156° 28′18″ W; the U.S. Coast Guard. (8) All waters of Kawaihae Harbor, (d) Penalties. Vessels or persons vio- Hawaii immediately adjacent to com- lating this rule would be subject to the mercial piers 1 and 2 extending out to penalties set forth in 46 U.S.C. 70036. 100 yards from the piers faces. [USCG–2013–0021, 78 FR 63383, Oct. 24, 2013] (9) All waters of Hilo Harbor, Hawaii immediately adjacent to commercial § 165.1401 Apra Harbor, Guam—safety piers 1 and 2 extending out to 100 yards zones. from the piers faces. (a) Location. (1) The following is des- (10) The activation of these safety ignated Safety Zone A: The waters of zones may include any combination of Apra Outer Harbor encompassed within these harbors, or all of these harbors, an arc of 1,000 yards radius centered at dependent upon details in the tsunami the center of Naval Wharf Kilo, located warning. These safety zones extend at 13 degrees 26′44.5″ N and 144 degrees from the surface of the water to the 37′50.7″ E. (Based on World Geodetic ocean floor. System 1984 Datum). (b) Regulations. When the safety zones (2) The following is designated Safety are activated and, therefore, subject to Zone B: The waters of Apra Outer Har- enforcement, no person or vessel may bor encompassed within an arc of 1,400

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yards radius centered at the center of sons in the water may enter or transit Naval Wharf Kilo, located at 13 degrees the safety zone in paragraph (a)(2) of 26′44.5″ N and 144 degrees 37′50.7″ E. this section unless authorized by the (Based on World Geodetic System 1984 COTP or a designated representative Datum). thereof. (b) Special regulations. (1) Safety Zone (d) Enforcement. Any Coast Guard A, described in paragraph (a) of this commissioned, warrant, or petty offi- section, will only be enforced when cer, and any other COTP representa- Naval Wharf Kilo, or a vessel berthed tive permitted by law, may enforce at Naval Wharf Kilo, is displaying a red these safety zones. (BRAVO) flag by day or a red light by night, accompanied by a ‘‘SAFETY [USCG–2017–0651, 83 FR 23369, May 21, 2018] ZONE A’’ sign. § 165.1403 Security Zones; Tinian, (2) Safety Zone B, described in para- Commonwealth of the Northern graph (a) of this section, will only be Mariana Islands. enforced when Naval Wharf Kilo, or a (a) Location. The following areas are vessel berthed at Naval Wharf Kilo, is security zones: displaying a red (BRAVO) flag by day (1) The waters of the Pacific Ocean or a red light by night, accompanied by off Tinian between 14°59′04.9″ N, a ‘‘SAFETY ZONE B’’ sign. 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ (3) Under general regulations in E to 14°59′09.8″ N, 145°36′02.1″ E to § 165.23, entry into the zones described 14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″ in paragraph (a) of this section is pro- N, 145°35′31.1″ E and back to 14°59′04.9″ hibited unless authorized by the Cap- N, 145°34′58.6″ E. This zone will be en- tain of the Port, Guam. forced when one, or more, of the Mari- [USCG–2013–0935, 80 FR 1338, Jan. 9, 2015] time Preposition Ships is in the zone or moored at Mooring A located at § 165.1402 Safety Zone; Navy Under- 14°58′57.0″ N and 145°35′40.8″ E or Moor- water Detonation (UNDET) Exer- ing B located at 14°58′15.9″ N, 145°35′54.8″ cises, GU. E. (a) Location. The following areas, (2) Additionally, a 50-yard security within the Guam Captain of the Port zone in all directions around Moorings (COTP) Zone (See 33 CFR 3.70–15), from A and B will be enforced when no ves- the surface of the water to the ocean sels are moored thereto but mooring floor, are safety zones: balls are anchored and on station. (1) Apra Outer Harbor, Guam. All waters above and below the surface NOTE TO § 165.1403(a): All positions of lati- bounded by a circle with a 700 yard ra- tude and longitude are from International Spheroid, Astro Pier 1944 (Saipan) Datum dius centered at 13 degrees 27 minutes (NOAA Chart 81071). 42 seconds North Latitude and 144 degrees 38 minutes 30 seconds East Lon- (b) Regulations. (1) In accordance with gitude, (NAD 1983). general regulations in § 165.33 of this (2) Piti, Guam. All waters above and part, entry into this security zone is below the surface bounded by a circle prohibited unless authorized by the with a 700 yard radius centered at 13 Captain of the Port. degrees 29 minutes 03 seconds North [COTP Honolulu Reg. 86–08, 51 FR 42220, Nov. Latitude and 144 degrees 40 minutes 03 24, 1986, as amended by USCG–2001–9286, 66 seconds East Longitude, (NAD 1983). FR 33642, June 25, 2001; COTP Guam 07–005, 72 (b) Enforcement periods. This section FR 65460, Nov. 21, 2007] will be enforced for designated periods of time, many of which are of short du- § 165.1404 Apra Harbor, Guam—secu- ration, on days requested by the Navy rity zone. for purpose of UNDET exercises. (a) The following is designated as Se- (c) Regulations. The general regula- curity Zone C—The waters of Apra tions governing safety zones contained Outer Harbor, Guam surrounding Naval in § 165.23 apply. With the exception of Mooring Buoy No. 702 (Located at exercise participants, no vessels may 13°27′30.1″ N and 144°38′12.9″ E. Based on enter or transit safety zones in para- World Geodetic System 1984 Datum) graph (a)(1) of this section and no per- and the Maritime Prepositioning ships

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moored thereto. The security zone will in paragraph (a) of this section. A secu- extend 100 yards in all directions rity zone is activated when an escorted around the vessel and its mooring. Ad- vessel enters an RNA and remains ac- ditionally, a 50 yard security zone will tive until the escorted vessel leaves the remain in effect in all directions RNA. This is a moving security zone around buoy No. 702 when no vessel is when the escorted vessel is in transit moored thereto. and becomes a fixed zone when the es- (b) In accordance with the general corted vessel is anchored or moored. A regulations in § 165.33 of this part, security zone will not extend beyond entry into Security Zone C is prohib- the boundary of the RNA in this sec- ited unless authorized by the Captain tion. of the Port, Guam. (c) Definitions. As used in this sec- [COTP Guam Reg. 89–001, 55 FR 18725, May 4, tion: 1990] (1) Designated representative means any Coast Guard commissioned, war- § 165.1405 Regulated Navigation Areas rant, or petty officer that has been au- and Security Zones: Designated Es- corted Vessels-Philippine Sea and thorized to act on behalf of the COTP. Apra Harbor Guam, and Tanapag (2) Escorted Vessel means any vessel Harbor, Saipan, Commonwealth of operating in the RNA deemed by the the Northern Mariana Islands COTP to be in need of escort protection (CNMI). for security reasons or under other cir- (a) Regulated navigation area. The fol- cumstances. A designated representa- lowing areas, designated by coordi- tive aboard a Coast Guard cutter or pa- nates referencing World Geodetic trol boat will accompany vessels Datum (1984), are regulated navigation deemed in need of escort protection areas (RNAs). into the RNA. (1) Philippine Sea, Guam—All waters (3) Navigation rules mean inter- from the surface to the bottom of the national and inland navigation rules in Philippine Sea, Guam, encompassed by 33 CFR chapter I, subchapters D and E. lines connecting the following points, (4) Vessel means every description of beginning at 13°27′10″ N, 144°35′05″ E, watercraft or other artificial contriv- ° ′ ″ ° ′ ″ thence easterly to 13 27 17 N, 144 37 27 ance used, or capable of being used, as ° ′ ″ E, thence south westerly to 13 26 52 N, a means of transportation on water, ex- ° ′ ″ ° ′ ″ 144 37 05 E, thence westerly to 13 26 37 cept U.S. Coast Guard or U.S. naval ° ′ ″ N, 144 35 05 E, thence due north back vessels. to point of origin. (d) Regulations. (1) No person or ves- (2) Apra Outer Harbor, Guam—All sel may enter into the security zones waters from surface to bottom of Apra under this section unless authorized by Outer Harbor, Guam, shoreward of the the COTP Guam or a designated rep- COLREGS Demarcation line as de- resentative. scribed in 33 CFR part 80. (3) Tanapag Harbor, Saipan—The (2) A vessel in the RNA established waters from surface to bottom of under paragraph (a) of this section op- Tanapag Harbor, Saipan (CNMI), en- erating within 500 yards of an escorted compassed by lines connecting the fol- vessel must proceed at a minimum lowing points, beginning at 15°12′10″ N, speed necessary to maintain a safe 145°40′28″ E, thence north easterly to course, unless required to maintain 15°14′08″ N, 145°42′00″ E, thence due east speed by the navigation rules. to 15°14′08″ N, 145°44′02″ E, thence south (3) When an escorted vessel in the easterly to 15°13′54″ N, 144°44′20″ E, RNA approaches within 100 yards of a thence south westerly along the shore- vessel that is moored, or anchored in a line to 15°13′11″ N, 145°43′01″ E, thence designated anchorage area, the sta- south westerly to 15°12′10″ N, 145°40′28″ tionary vessel must stay moored or an- E. chored while it remains within the es- (b) Security zones. A 100-yard radius corted vessel’s security zone unless it security zone is established around, is either ordered by, or given permis- and is centered on, each escorted vessel sion from the COTP Guam or a des- within the regulated navigation areas ignated representative to do otherwise.

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(4) The COTP will inform the public (d) The general regulations governing of the existence or status of the secu- safety zones contained in 33 CFR 165.23 rity zones around escorted vessels in apply. the RNA periodically by Broadcast No- [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as tice to Mariners. amended by CGD 96–026, 61 FR 33669, June 28, (5) Persons or vessels that must enter 1996] a security zone or exceed speed limits established in this section may contact § 165.1407 Security Zones; Oahu, HI. the COTP at command center tele- (a) Location. The following areas, phone number (671) 339–6100 or on VHF from the surface of the water to the channel 16 (156.8 Mhz) to request per- ocean floor, are security zones that are mission. activated and enforced subject to the (6) All persons and vessels within 500 provisions of paragraphs (c) and (d). All coordinates below are expressed in de- yards of an escorted vessel in the RNA grees, minutes, and tenths or hun- must comply with the orders of the dredths of minutes. COTP Guam or his designated rep- (1) Honolulu Harbor. All waters of resentatives. Honolulu Harbor and Honolulu en- (e) Authority. In addition to 46 U.S.C. trance channel commencing at a line 70034 and 46 U.S.C. 70051, the authority between Honolulu Harbor Entrance for this section includes 46 U.S.C. 70116. Channel Lighted Buoys 1 and 2, to a line between Kalihi Channel Lights 14 [CGD14–02–002, 68 FR 4384, Jan. 29, 2003, as amended by USCG–2013–0935, 80 FR 1338, Jan. and 15 west of Sand Island Bridge. 9, 2015] (2) Honolulu Harbor Anchorages B, C, and D. All waters extending 100 yards § 165.1406 Safety Zone: Pacific Missile in all directions from each vessel in ex- Range Facility (PMRF), Barking cess of 300 gross tons anchored in Hono- Sands, Island of Kauai, Hawaii. lulu Harbor Anchorage B, C, or D, as defined in 33 CFR 110.235(a). (a) Location. The following area is es- (3) Kalihi Channel and Keehi Lagoon, tablished as a safety zone during Oahu. All waters of Kalihi Channel and launch operations at PMRF, Kauai, Ha- Keehi Lagoon beginning at Kalihi waii: The waters bounded by the fol- Channel Entrance Lighted Buoy 1 and ° ′ ° ′ lowing coordinates: (22 01.2 N, 159 47.3 continuing along the general trend of W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N, Kalihi Channel to Light 13, thence con- 159°50.7′ W), (22°06.3′ N, 159°44.8′ W). tinuing on a bearing of 332.5°T to shore, (Datum: OHD) thence east and south along the gen- (b) Activation. The above safety zone eral trend of the shoreline to Light 15, will be activated during launch oper- thence southeast to Light 14, thence ations at PMRF, Kauai, Hawaii. The southeast along the general trend of Coast Guard will provide notice that the shoreline of Sand Island, to the the safety zone will be activated southwest tip of Sand Island at 21°18.0′ through published and broadcast local N., 157°53.05′ W., thence southwest on a notice to mariners prior to scheduled bearing of 233°T to Kalihi Channel En- launch dates. trance Lighted Buoy 1. (c) Regulation. The area described in (4) Honolulu International Airport—(i) paragraph (a) of this section will be Honolulu International Airport, North closed to all vessels and persons, except Section. All waters surrounding Hono- those vessels and persons authorized by lulu International Airport from 21°18.25′ N., 157°55.58′ W., thence south the Commander, Fourteenth Coast to 21°18.0′ N., 157°55.58′ W., thence east Guard District, or the Captain of the to the western edge of Kalihi Channel, Port (COTP) Honolulu, Hawaii, when- thence north along the western edge of ever Strategic Target System (STARS) the channel to Light 13, thence north- vehicles are to be launched by the west at a bearing of 332.5°T to shore. United States Government from the (ii) Honolulu International Airport, PMRF, Barking Sands, Kauai, Hawaii. South Section. All waters near Honolulu International Airport from 21°18.0′ N/ 157°55.58′ W, thence south to 21°16.5′ N/

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

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representative permitted by law, may unless authorized by the Coast Guard enforce the rules in this section. Captain of the Port, Honolulu or his or (g) Waiver. The Captain of the Port, her designated representatives. When Honolulu may waive any of the re- authorized passage through a large pas- quirements of this section for any ves- senger vessel security zone, all vessels sel or class of vessels upon his or her must operate at the minimum speed determination that application of this necessary to maintain a safe course section is unnecessary or impractical and must proceed as directed by the for the purpose of port and maritime Captain of the Port or his or her des- security. ignated representatives. No person is (h) Penalties. Vessels or persons vio- allowed within 100 yards of an LPV lating this section are subject to the that is underway, moored, position- penalties set forth in 46 U.S.C. 70036 keeping, or at anchor, unless author- and 46 U.S.C. 70052. ized by the Captain of the Port or his [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as or her designated representative. amended by CGD 14–07–001, 72 FR 44777, Aug. (2) When conditions permit, the Cap- 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009– tain of the Port, or his or her des- 0416, 74 FR 27442, June 10, 2009; USCG–2015– ignated representative, may permit 0433, 80 FR 44287, July 27, 2015] 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.

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(f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representative. When penalties set forth in 46 U.S.C. 70036 authorized passage through a large pas- and 46 U.S.C. 70052. senger vessel security zone, all vessels [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as must operate at the minimum speed amended by CGD 14–07–001, 72 FR 44777, Aug. necessary to maintain a safe course 9, 2007] and must proceed as directed by the Captain of the Port or his or her des- § 165.1409 Security Zones; Hawaii, HI. ignated representatives. No person is (a) Location. The following areas, allowed within 100 yards of a large pas- from the surface of the water to the senger vessel that is underway, ocean floor, are security zones that are moored, position-keeping, or at anchor, activated and enforced subject to the unless authorized by the Captain of the provisions in paragraph (c): Port or his or her designated represent- (1) Hilo Harbor, Hawaii. All waters ex- atives. tending 100 yards in all directions from (2) When conditions permit, the Cap- each large passenger vessel in Hilo Har- tain of the Port, or his or her des- bor, Hawaii, HI or within 3 nautical ignated representatives, may permit miles seaward of the Hilo Harbor vessels that are at anchor, restricted in COLREGS DEMARCATION (See 33 their ability to maneuver, or con- CFR 80.1480). This is a moving security strained by draft to remain within an zone when the LPV is in transit and be- LPV security zone in order to ensure comes a fixed zone when the LPV is an- navigational safety. chored, position-keeping, or moored. (3) Persons desiring to transit the (2) Kailua-Kona, Hawaii. All waters areas of the security zones in this sec- extending 100 yards in all directions tion may contact the Captain of the from each large passenger vessel in Port at Command Center telephone Kailua-Kona, Hawaii, whenever the number (808) 842–2600 or on VHF chan- LPV is within 3 nautical miles of nel 16 (156.8 Mhz) to seek permission to Kukailimoku Point. The 100-yard secu- transit the area. Written requests may rity zone around each LPV is activated be submitted to the Captain of Port, and enforced whether the LPV is un- U.S. Coast Guard Sector Honolulu, derway, moored, position-keeping, or Sand Island Access Road, Honolulu, anchored and will continue in effect Hawaii 96819, or faxed to (808) 842–2622. until such time as the LPV departs If permission is granted, all persons Kailua-Kona and the 3-mile enforce- and vessels must comply with the in- ment area. structions of the Captain of the Port or (3) Kawaihae Harbor, Hawaii. All his or her designated representatives. waters extending 100 yards in all direc- For all seaplane traffic entering or tions from each large passenger vessel transiting the security zones, compli- in Kawaihae Harbor, Hawaii, or within ance with all Federal Aviation Admin- 3 nautical miles seaward of the istration regulations (14 CFR parts 91 Kawaihae Harbor COLREGS DEMAR- and 99) regarding flight-plan approval CATION (See 33 CFR 80.1470). The 100- is deemed adequate permission to tran- yard security zone around each LPV is sit the waterway security zones deactivated and enforced whether the scribed in this section. LPV is underway, moored, position- (d) Enforcement. Any Coast Guard keeping, or anchored. commissioned, warrant, or petty offi- (b) Definitions. As used in this sec- cer, and any other Captain of the Port tion, large passenger vessel or LPV representative permitted by law, may means a cruise ship more than 300 feet enforce the rules in this section. in length that carries passengers for (e) Waiver. The Captain of the Port, hire, and any passenger ferry more Honolulu may waive any of the re- than 300 feet in length that carries pas- quirements of this section for any ves- sengers for hire. sel or class of vessels upon his or her (c) Regulations. (1) Under 33 CFR determination that application of this 165.33, entry into the security zones section is unnecessary or impractical created by this section is prohibited for the purpose of port and maritime unless authorized by the Coast Guard security.

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(f) Penalties. Vessels or persons vio- Captain of the Port or his or her des- lating this section are subject to the ignated representative. penalties set forth in 46 U.S.C. 70036 (2) When conditions permit, the Cap- and 46 U.S.C. 70052. tain of the Port, or his or her des- [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as ignated representative, may permit amended by CGD14–07–001, 72 FR 44777, Aug. vessels that are at anchor, restricted in 9, 2007] their ability to maneuver, or constrained by draft to remain within an § 165.1410 Security Zones; Kauai, HI. LPV security zone in order to ensure (a) Location. The following areas, navigational safety. from the surface of the water to the (3) Persons desiring to transit the ocean floor, are security zones that are areas of the security zones may con- activated and enforced subject to the tact the Captain of the Port at Com- provisions in paragraph (c): mand Center telephone number (808) (1) Nawiliwili Harbor, Lihue, Kauai. 842–2600 or on VHF channel 16 (156.8 All waters extending 100 yards in all di- Mhz) to seek permission to transit the rections from each large passenger ves- area. Written requests may be sub- sel in Nawiliwili Harbor, Kauai, HI or mitted to the Captain of Port, U.S. within 3 nautical miles seaward of the Coast Guard Sector Honolulu, Sand Is- Nawiliwili Harbor COLREGS DEMAR- land Access Road, Honolulu, Hawaii CATION (See 33 CFR 80.1450). This is a 96819, or faxed to (808) 842–2622. If per- moving security zone when the LPV is mission is granted, all persons and ves- in transit and becomes a fixed zone sels must comply with the instructions when the LPV is anchored, position- of the Captain of the Port or his or her keeping, or moored. designated representatives. For all sea- (2) Port Allen, Kauai. All waters ex- plane traffic entering or transiting the tending 100 yards in all directions from security zones, compliance with all each large passenger vessel in Port Federal Aviation Administration regu- Allen, Kauai, HI or within 3 nautical lations (14 CFR parts 91 and 99) regard- miles seaward of the Port Allen ing flight-plan approval is deemed ade- COLREGS DEMARCATION (See 33 CFR 80.1440). This is a moving security quate permission to transit the water- zone when the LPV is in transit and be- way security zones described in this comes a fixed zone when the LPV is an- section. chored, position-keeping, or moored. (d) Enforcement. Any Coast Guard (b) Definitions. As used in this sec- commissioned, warrant, or petty offi- tion, large passenger vessel or LPV cer, and any other Captain of the Port means a cruise ship more than 300 feet representative permitted by law, may in length that carries passengers for enforce the rules in this section. hire, and any passenger ferry more (e) Waiver. The Captain of the Port, than 300 feet in length that carries pas- Honolulu may waive any of the re- sengers for hire. quirements of this section for any ves- (c) Regulations. (1) Under 33 CFR sel or class of vessels upon his or her 165.33, entry into the security zones determination that application of this created by this section is prohibited section is unnecessary or impractical unless authorized by the Coast Guard for the purpose of port and maritime Captain of the Port, Honolulu or his or security. her designated representative. When (f) Penalties. Vessels or persons vio- authorized passage through an LPV se- lating this section are subject to the curity zone, all vessels must operate at penalties set forth in 46 U.S.C. 70036 the minimum speed necessary to main- and 46 U.S.C. 70052. tain a safe course and must proceed as directed by the Captain of the Port or [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as his or her designated representative. amended by CGD14–07–001, 72 FR 44778, Aug. No person is allowed within 100 yards 9, 2007; USCG–2018–1049, 84 FR 7813, Mar. 5, of a large passenger vessel that is un- 2019] derway, moored, position-keeping, or at anchor, unless authorized by the

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§ 165.1411 Security zone; waters sur- alties set forth in 46 U.S.C. 70036 and 46 rounding U.S. Forces vessel SBX–1, U.S.C. 70052. HI. [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008, as (a) Location. The following area, in amended by USCG–2018–1049, 84 FR 7813, Mar. U.S. navigable waters within the Hono- 5, 2019] lulu Captain of the Port Zone (see 33 § 165.1412 Security Zone; escorted U.S. CFR 3.70–10), from the surface of the Navy submarines in Sector Hono- water to the ocean floor, is a security lulu Captain of the Port Zone. zone: All waters extending 500 yards in (a) Location. The following area is a all directions from U.S. Forces vessel security zone: all waters, from the sur- SBX–1. The security zone moves with face to the ocean floor, within 1,000 the SBX–1 while it is in transit and be- yards of any U.S. Navy submarine that comes fixed when the SBX–1 is an- is chored, position-keeping, or moored. (1) Operating in the Sector Honolulu (b) Regulations. The general regula- Captain of the Port Zone, as defined in tions governing security zones con- 33 CFR 3.70–10, and that tained in 33 CFR 165.33 apply. Entry (2) Is being escorted by the U.S. into, transit through, or anchoring Coast Guard. within this zone while it is activated, (b) Regulations. In accordance with and thus subject to enforcement, is the general regulations in 33 CFR 165, prohibited unless authorized by the Subpart D, no person or vessel may Captain of the Port or a designated enter or remain in the security zone representative thereof. created by paragraph (a) of this section (c) Suspension of enforcement. The unless authorized by the Coast Guard Coast Guard will suspend enforcement patrol commander. The Coast Guard patrol commander may be contacted of the security zone described in this via VHF Channel 16 or other means section whenever the SBX–1 is within reasonably available. 33 CFR part 165.30 the Honolulu Defensive Sea Area (see 6 and 165.33 contain additional provisions FR 6675). applicable to the security zone created (d) Informational notice. The Captain in paragraph (a) of this section. of the Port of Honolulu will cause no- (c) Effective period. This rule is effec- tice of the enforcement of the security tive from 6:00 a.m. on June 12, 2010 Ha- zone described in this section to be waiian Standard Time (HST). made by broadcast notice to mariners. (d) Notification. The Coast Guard se- The SBX–1 is easy to recognize because curity escort will attempt, when nec- it contains a large white object shaped essary and practicable, to notify any like an egg supported by a platform persons or vessels inside or in the vi- that is larger than a football field. The cinity of the security one created in platform in turn is supported by six paragraph (a) of this section of the pillars similar to those on large oil- zone’s existence via VHF Channel 16 or drilling platforms. other means reasonably available. (e) Authority to enforce. Any Coast (e) Penalties. Vessels or persons vio- Guard commissioned, warrant, or petty lating this rule are subject to the pen- officer, and any other Captain of the alties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052. Port representative permitted by law, may enforce the security zone de- [USCG–2010–0409, 75 FR 33704, June 15, 2010, as scribed in this section. amended by USCG–2018–1049, 84 FR 7813, Mar. (f) Waiver. The Captain of the Port 5, 2019] may waive any of the requirements of § 165.1413 Regulated navigation area; this rule for any person, vessel, or class Southern Oahu Tsunami Evacu- of vessel upon finding that application ation; Honolulu, Hawaii. of the security zone is unnecessary or (a) Location. The following area is a impractical for the purpose of mari- regulated navigation area (RNA): All time security. waters of the Pacific Ocean south of (g) Penalties. Vessels or persons vio- the southern side of Oahu, HI extend- lating this rule are subject to the pen- ing from the surface of the water to the

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ocean floor, and is bound by a line con- ern edge. The dividing line between the necting the following points: 21°17′14″ Commercial Vessel Staging Area and N, 157°55′34″ W; 21°13′30″ N, 157°55′34″ W; the Eastern Recreational Vessel Stag- 21°13′30″ N, 157°48′20″ W; 21°14′14″ N, ing Area can be determined visually. 157°48′20″ W thence westward along the The private dayboards located in the 50-fathom line to the beginning point. Ala Wai Small Boat Harbor and the La These coordinates are based upon the Ronde Rotating Restaurant roof top National Oceanic and Atmospheric Ad- restaurant form a natural range that ministration Coast Survey, Pacific mariners can use in daylight hours to Ocean, Oahu, Hawaii, chart 19357. gauge the eastern boundary of the (b) Regulations. You may contact the Commercial Vessel Staging Area and Coast Guard on VHF Channel 16 (156.800 the western boundary of the Eastern MHz) or at telephone number 808–842– Recreational Vessel Staging Area. This 2600, to obtain clarification on RNA eastern recreational staging area is in- transits and locations. Operations per- tended for use by recreational vessels mitting, the Coast Guard plans to pro- departing from and returning to the vide on-scene direction using Coast Ala Wai Small Boat harbor and Kewalo Guard patrol boats and assets. During Basin. the enforcement period persons and (5) Located between the Western Rec- vessels wishing to remain inside the reational Vessel Staging Area and the RNA must abide by the following stipu- Commercial Vessel Staging Area is an lations: Exclusion Area. This area is bound by (1) No person or vessel may enter the following points: 21°16′46″ N, into an exclusionary area 3.7 nautical 157°53′23″ W; 21°13′30″ N, 157°55′17″ W; miles long by 1 nautical mile wide, cen- 21°13′30″ N, 157°54′05″ W; 21°16′48″ N, tered lengthwise and along a line run- 157°52′10″ W and then along the 50-fath- ning seaward at 208 degrees southwest om line to the beginning point. of Honolulu Harbor Front Range Light, (6) All vessels staging in the RNA except to transit to or from the staging must be seaward of the 50-fathom (300 areas or other areas outside the zone. foot) line. Loitering or lingering in the exclu- (c) Enforcement period. Paragraph (b) sionary zone is prohibited. of this section will be enforced when a (2) The Western Recreational Vessel tsunami warning has been issued for Staging area is bound by the following the Hawaiian Islands by the Pacific points: 21°17′14″ N, 157°55′34″ W; 21°13′30″ Tsunami Warning Center. The COTP N, 157°55′34″ W; 21°13′30″ N, 157°55′17″ W; will notify the public of any enforce- 21°16′46″ N, 157°53′23″ W and then along ment, suspension of enforcement, or the 50-fathom line to the beginning termination of enforcement through point. This staging area is intended for appropriate means to ensure the widest recreational vessels departing from and publicity, including the use of broad- returning to the Keehi Lagoon area. cast notice to mariners, notices of en- (3) The Commercial Vessel Staging forcement and press releases. Area is bound by a line connecting the (d) Penalties. Vessels or persons vio- following points: 21°16′48″ N, 157°52′10″ lating this rule are subject to the pen- W; 21°13′30″ N, 157°54′05″ W; 21°13′30″ N, alties set forth in 46 U.S.C. 70036. 157°51′36″ W; 21°15′55″ N, 157°50′58″ W and [USCG–2012–0080, 79 FR 13324, Feb. 28, 2014, as then along the 50-fathom line to the be- amended by USCG–2018–1049, 84 FR 7813, Mar. ginning point. This staging area is in- 5, 2019] tended for use by all commercial vessels intended to remain in the RNA § 165.1414 Safety Zone; Pacific Ocean, during a tsunami treat. Kilauea Lava Flow Ocean Entry on (4) The Eastern Recreational Vessel Southeast Side of Island of Hawaii, Staging Area is bound by the following HI. points: 21°15′55″ N, 157°50′58″ W; 21°13′30″ (a) Location. The safety zone area is N, 157°51′36″ W; 21°13′30″ N, 157°48′20″ W; located within the Captain of the Port 21°14′14″ N, 157°48′20″ W and then along (COTP) Honolulu Zone (See 33 CFR the 50-fathom line to the beginning 3.70–10) and encompasses all primary point. The Commercial Vessel Staging areas from the surface of the water to Area borders this staging area’s west- the ocean floor at the Kilauea active

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lava flow entry into the Pacific Ocean (5) The COTP Honolulu will provide on the southeast side of the Island of notice of enforcement of the safety Hawaii, HI. The entry point of the lava zone described in this section by verbal may change based on flow. The safety radio broadcasts and written notice to zone encompasses all waters extending mariners. The Coast Guard vessels en- 300 meters (984 feet) in all directions forcing this section can be contacted around entry points of lava flow into on marine band radio VHF–FM channel the ocean associated with the Kilauea 16 (156.8 MHZ). The COTP Honolulu and active lava flow. his or her designated representatives (b) Definitions. As used in this sec- can be contacted at telephone number tion, designated representative means listed in paragraph (c)(3) of this sec- any Coast Guard commissioned, war- tion. rant, or petty officer who has been au- (6) The Coast Guard may be assisted thorized by the COTP Honolulu to as- in the patrol and enforcement of the sist in enforcing the safety zone de- safety zone by Federal, State, and local scribed in paragraph (a) of this section. agencies. (c) Regulations. The general regulations governing safety zones contained [USCG–2017–0234, 83 FR 21882, May 11, 2018] in § 165.23 apply to this safety zone. (1) All persons and vessels are re- § 165.1416 Safety Zone; Tarague Basin; quired to comply with the general reg- Anderson AFB, GU. ulations governing safety zones found (a) Location. The following area, in this part. within the Guam Captain of the Port (2) Entry into or remaining in this (COTP) Zone (See 33 CFR 3.70–15), from safety zone when enforced is prohibited the surface of the water to the ocean unless authorized by the COTP Hono- floor, is a safety zone: A 1-mile radius lulu, or his designated representative. centered on 13 degrees 35 minutes 59 (3) Persons or vessels desiring to seconds North Latitude and 144 degrees enter the safety zone identified in para- 55 minutes 38 seconds East Longitude graph (a) of this section should submit (NAD 1983) including the water arc be- a written request to the COTP Hono- tween points 13 degrees 36 minutes 00 lulu before initial entry into the safety seconds North Latitude, 144 degrees 56 zone when the Coast Guard notifies the minutes 32 seconds East Longitude and public of safety zone enforcement. The 13 degrees 36 minutes 12 seconds North request must explain how the vessel Latitude, 144 degrees 54 minutes 48 sec- will operate safely in proximity to onds East Longitude (NAD 1983). lava. A typical request should note the (b) Enforcement period. This section vessel’s condition, the operator’s famil- will be enforced only during U.S. Air iarity with the surrounding waters, and Force explosive ordnance disposal oper- any specific safety practices for operations and only when an orange range ating near the lava ocean-entry points. flag is hoisted 1250 feet west of the Persons authorized initial entry may, Demo Pit at 13 degrees 35 minutes thereafter, contact the COTP Honolulu through his designated representatives 59.751 seconds North Latitude and 144 at the Command Center via telephone: degrees 55 minutes 27.4476 seconds East 808–842–2600 and 808–842–2601; fax: 808– Longitude. In case of an emergency, an 842–2642; or on VHF channel 16 (156.8 explosive ordnance disposal after day- Mhz) to request permission to transit light hours may occur in which case the safety zone. the orange range flag will be illumi- (4) If permission is granted, all per- nated. sons and vessels must comply with the (c) Regulations. The general regula- instructions of the COTP Honolulu, or tions governing safety zones contained his designated representative, and pro- in 33 CFR 165.23 apply to the zone de- ceed at the minimum speed necessary scribed in paragraph (a) of this section. to maintain a safe course while Entry into, transit through or within transiting through or in the safety this zone is prohibited unless author- zone as well as maintain a safe dis- ized by the COTP or a designated rep- tance from the lava hazards. resentative thereof.

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(d) Enforcement. Any Coast Guard sent from the Captain of the Port, commissioned, warrant, or petty offi- Southeast Alaska. cer, and any other COTP representa- [CGD 79–034, 47 FR 29660, July 8, 1982, as tive permitted by law, may enforce this amended by CGD 79–026, 48 FR 35408, Aug. 4, safety zone. 1983; USCG–2015–0433, 80 FR 44287, July 27, (e) Waiver. The COTP may waive any 2015] of the requirements of this rule for any person, vessel, or class of vessel upon § 165.1703 Ammunition Island, Port Valdez, Alaska. finding that application of the safety zone is unnecessary or impractical for (a) Location. The waters within the the purpose of maritime security. following boundaries is a safety zone— (f) Penalties. Vessels or persons vio- the area within a radius of 1330 yards of Ammunition Island, centered on lati- lating this rule are subject to the pen- tude 61°07′28″ N, longitude 146°18′29″ W, alties set forth in 46 U.S.C. 70036 and 46 (NAD 83) and the vessel moored or an- U.S.C. 70052. chored at Ammunition Island. [USCG–2014–0732, 79 FR 53297, Sept. 9, 2014, as (b) The area 200 yards off the vessel amended by USCG–2018–1049, 84 FR 7813, Mar. navigating the Vessel Traffic system 5, 2019] from abeam of Naked Island, maneuvering to approach, moor, unmoor at SEVENTEENTH COAST GUARD DISTRICT Ammunition Island, or the departure of the vessel from Ammunition Island. § 165.1701 Port Valdez, Valdez, Alas- (c) Special regulation. (1) Section ka—safety zone. 165.23 does not apply to paragraph (a) The waters within the following of this section, except when the vessel boundaries are a safety zone—The area is moored to Ammunition Island. within 200 yards of any waterfront fa- (d) Effective August 25, 1987 Notice of cility at the Trans-Alaska Pipeline vessels arrival will be made in the No- Valdez Terminal complex or vessels tice to Mariners, Local Notice to Mari- moored or anchored at the Trans-Alas- ners and in the Local Valdez news- ka Pipeline Valdez Terminal complex paper, prior to the vessel arrival. and the area within 200 yards of any [52 FR 30671, Aug. 17, 1987, as amended by tank vessel maneuvering to approach, USCG–1998–3799, 63 FR 35533, June 30, 1998; moor, unmoor, or depart the Trans- COTP Prince William Sound 02–010, 67 FR Alaska Pipeline Valdez Terminal com- 45313, July 9, 2002] plex. § 165.1704 Prince William Sound, Alas- § 165.1702 Gastineau Channel, Juneau, ka-regulated navigation area. Alaska—safety zone. (a) The following is a regulated navi- (a) The waters within the following gation area: The navigable waters of boundaries are a safety zone: A line be- the United States north of a line drawn ginning at position 58°17.8′ N., 134°24.9′ from Cape Hinchinbrook Light to Schooner Rock Light, comprising that W., in the direction of 140° True to portion of Prince William Sound be- Rock Dump Lighted Buoy 2A (LLNR tween 146°30′ W. and 147°20′ W. and in- 23685) at position 58°17.1′ N., 134°23.8′ W.; cludes Valdez Arm, Valdez Narrows, thence in the direction of 003° true to a and Port Valdez. point at position 58°17.4′ N., 134°23. 8′ (b) Within the regulated navigation W., on the north shore of Gastineau area described in paragraph (a) of this Channel; thence northwesterly along section, § 161.60 of this chapter estab- the north shore of Gastineau Channel lishes a VTS Special Area for the to the point of origin. waters of Valdez Arm, Valdez Narrows, (b) Special Regulations: and Port Valdez northeast of a line (1) All vessels may transit or navi- bearing 307° True from Tongue Point at gate within the safety zone. 61°02′06″ N., 146°40′ W.; and southwest of (2) No vessels, other than a large pas- a line bearing 307° True from Entrance senger vessel (including cruise ships Island Light at 61°05′06″ N., 146°36′42″ W. and ferries) may anchor within the (c) Regulations. In addition to the re- Safety zone without the express con- quirements set forth in § 161.13 and

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§ 161.60(c) of this chapter, a tank vessel unless authorized by the Captain of the of 20,000 deadweight tons or more that Port, Southeast Alaska. intends to navigate within the regulated navigation area must: [59 FR 31934, June 21, 1994, as amended by COTP Southeast Alaska 00–018, 65 FR 81363, (1) Report compliance with part 164 Dec. 26, 2000] of this chapter, to the Vessel Traffic Center (VTC); § 165.1708 Tongass Narrows, Ketch- (2) Have at least two radiotelephones ikan, Alaska—Safety Zone. capable of operating on the designated (a) Location. The following area is a VTS frequency, one of which is capable of battery operation; safety zone: the waters in Tongass Nar- rows within a 300 yard radius of the (3) When steady wind conditions in ° ′ ″ ° ′ ″ the VTS Special Area or Port Valdez barge located at 55 20 32 N, 131 39 40 W exceed, or are anticipated to exceed 40 used to conduct fireworks displays. knots, proceed as directed by the VTC (b) Effective date. The safety zone be- (entry into the VTS Special Area and comes effective on July 3 each year at Port Valdez is prohibited); 10 p.m. ADT. It terminates at the con- (4) When transiting the VTS Special clusion of the fireworks display at ap- Area, limit speed to 12 knots; and proximately 2:30 a.m. ADT on July 5 (5) If laden and intending to navigate each year, unless sooner terminated by the VTS Special Area, limit speed to 12 the Captain of the Port. If the fire- knots except between Middle Rock and works display is postponed because of Potato Point where the speed limit inclement weather, the date and dura- shall be 6 knots; and tion of the safety zone will be announced in the Local Notices to Mari- NOTE: Regulations pertaining to Auto- ners. matic Identification System Shipborne Equipment (AISSE) required capabilities are (c) Regulation. In accordance with the set forth in Part 164 of this chapter. general regulations in § 165.23 of this part, entry into this zone is prohibited [CGD 90–020, 59 FR 36335, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, unless authorized by the Captain of the 1995; CGD 97–023, 62 FR 33365, June 19, 1997; Port, Southeast Alaska. USCG–1998–3799, 63 FR 35533, June 30, 1998; [59 FR 31933, June 21, 1994, as amended at 65 USCG–2003–14757, 68 FR 39368, July 1, 2003; 68 FR 81362, Dec. 26, 2000] FR 60570, Oct. 22, 2003; USCG–2005–21869, 80 FR 5336, Jan. 30, 2015] § 165.1709 Security Zones: Liquefied § 165.1706 Gastineau Channel, Juneau, Natural Gas Tanker Transits and Alaska—Safety Zone. Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK. (a) Location. The following area is a safety zone: the waters in Juneau Har- (a) Location. The following areas are bor within a 300 yard radius of the ves- established as security zones during sel or waterfront facility located at the specified conditions: 58°17′41″ N, 134°24′22″ W used to conduct (1) All navigable waters within a 1000- fireworks displays. yard radius of the Liquefied Natural (b) Effective date. The safety zone be- Gas (LNG) tankers during their in- comes effective on July 3 each year at bound and outbound transits through 10 p.m. ADT. It terminates at the con- Cook Inlet, Alaska between the Phil- clusion of the fireworks display at ap- lips Petroleum LNG Pier, 60°40′43″ N proximately 2:30 a.m. ADT on July 5 and 151°24′10″ W, and the Homer Pilot each year, unless sooner terminated by Station at 59°34′86″ N and 151°25′74″ W. the Captain of the Port. If the fire- On the inbound transit, this security works display is postponed because of zone remains in effect until the tanker inclement weather, the date and dura- is alongside the Phillips Petroleum tion of the safety zone will be an- LNG Pier, 60°40′43″ N and 151°24′10″ W. nounced in the Local Notices to Mari- (2) All navigable waters within a 1000- ners. yard radius of the Liquefied Natural (c) Regulation. In accordance with the Gas tankers while they are moored at general regulations in § 165.23 of this Phillips Petroleum LNG Pier, 60°40′43″ part, entry into this zone is prohibited N and 151°24′10″ W.

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(b) Special Regulations. (1) For the the operator of a vessel shall proceed purpose of this section, the general reg- as directed. ulations contained in 33 CFR 165.33 (3) The Marine Safety Detachment apply to all but the following vessels in Kenai, Alaska will notify the maritime the areas described in paragraph (a): community of these security zones by (i) Vessels scheduled to moor and off- publishing a Local Notice to Mariners load or load cargo at other Nikiski ma- and via a bimonthly marine Broadcast rine terminals that have provided the Notice to Mariners. Coast Guard with an Advance Notice of [COTP 02–001, 67 FR 44059, July 1, 2002] Arrival. (ii) Commercial fishing vessels, in- § 165.1710 Port Valdez and Valdez Nar- cluding drift net and set net vessels, rows, Valdez, Alaska—security fishing from the waters within the zones. zone, if (a) Location. The following areas are (A) The owner of the vessel has pre- security zones: viously requested approval from the (1) Trans-Alaska Pipeline (TAPS) Captain of the Port representative, Ma- Valdez Terminal complex (Terminal), rine Safety Detachment Kenai, Alaska, Valdez, Alaska and TAPS tank vessels. to fish in the security zone and All waters enclosed within a line begin- (B) Has provided the Captain of the ning on the southern shoreline of Port Port representative, Marine Safety De- Valdez at 61°05′03.6″ N, 146°25′42″ W; tachment Kenai, Alaska current infor- thence northerly to yellow buoy at mation about the vessel, including: 61°06′00″ N, 146°25′42″ W; thence east to (1) The name and/or the official num- the yellow buoy at 61°06′00″ N, 146°21′30″ ber, if documented, or state number, if W; thence south to 61°05′06″ N, 146°21′30″ numbered by a state issuing authority; W; thence west along the shoreline and (2) A brief description of the vessel, including the area 2000 yards inland including length, color, and type of along the shoreline to the beginning vessel; point. (3) The name, Social Security num- (2) Tank vessel moving security zone. ber, current address, and telephone All waters within 200 yards of any number of the vessel’s master, operator TAPS tank vessel maneuvering to ap- or person in charge; and proach, moor, unmoor or depart the (4) Upon request, information on the TAPS Terminal or transiting, maneu- vessel’s crew. vering, laying to or anchored within (C) A vessel owner or operator is re- the boundaries of the Captain of the quired to submit the information one Port, Prince William Sound Zone de- time, but shall provide the Captain of scribed in 33 CFR 3.85–20 (b). the Port representative updated infor- (3) Valdez Narrows, Port Valdez, mation when any part of it changes. Valdez, Alaska. All waters 200 yards ei- (D) The Captain of the Port must ap- ther side of the Valdez Narrows Tanker prove a vessel’s request prior to being 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

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terminal or fuel to the terminal, and (1) Coast Guard surface or air asset vessels used to provide assistance or displaying the Coast Guard insignia. support to the tank vessels directly (2) State, Federal or local law en- transiting to the terminal, or to the forcement assets displaying the appli- terminal itself, and that have reported cable agency markings and or equip- their movements to the Vessel Traffic ment associated with the agency. Service, as required under 33 CFR part Federal Law Enforcement Officer 161 and § 165.1704, may operate as nec- means any Federal government law en- essary to ensure safe passage of tank forcement officer who has authority to vessels to and from the terminal. enforce federal criminal laws. (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 means the Coast Guard. Upon being hailed by State law enforcement Officer 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 must proceed as directed. Coast Guard (b) Location. The following areas are Auxiliary and local or state agencies security zones: all waters within 100 may be present to inform vessel opera- yards around escorted High Capacity tors of the requirements of this section Passenger Vessels or escorted Alaska and other applicable laws. Marine Highway System vessels in the navigable waters of the Seventeenth [COTP Prince William Sound 02–011, 71 FR Coast Guard District as defined in 33 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom. § 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 commis- viding notice in accordance with 33 sioned, warrant or petty officer who CFR 165.7. has been authorized by the District (4) Persons desiring to transit within Commander or local Captain of the 100 yards of a moving, escorted HCPV Port (COTP), as defined in 33 CFR part or AMHS vessel in the Seventeenth 3, subpart 3.85, to act on his or her be- Coast Guard District must contact the half, or other Federal, State or local designated on scene representative on law enforcement Officers designated by VHF channel 16 (156.800 MHz) or VHF the COTP. channel 13 (156.650 MHz) to receive per- Escorted HCPV or AMHS vessel means mission. a HCPV or AMHS vessel that is accom- (5) If permission is granted to transit panied by one or more Coast Guard as- within 100 yards of an escorted HCPV sets or Federal, State or local law en- or AMHS vessel, all persons and vessels forcement agency assets as listed must comply with the instructions of below: the designated on scene representative.

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(6) All commercial fishing vessels as § 165.1713 Safety Zone; City of Valdez defined by 46 U.S.C. 2101(11a) while ac- July 4th Fireworks, Port Valdez; tively engaged in fishing are exempted Valdez, AK. from the provisions of this section. (a) Regulated area. The following area [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] is a permanent safety zone: All navigable waters of Port Valdez within a § 165.1712 Safety Zones; Annual Inde- 200-yard radius from a position of pendence Day Firework Displays, 61°07′22″ N. and 146°21′13″ W. This in- Skagway, Haines, and Wrangell, AK. cludes the entrance to the Valdez small (a) Regulated areas. The following boat harbor. areas are permanent safety zones: (b) Effective date. This rule will be ef- (1) All navigable waters of Taiya fective from 9:30 p.m. until 11:30 p.m. Inlet within a 300-yard radius of the on July 4th of each year, or during the fireworks launching point located on same time frame on specified rain the White Pass and Yukon Railway dates of July 5th through July 8th of Dock at approximate position 59°26.70′ each year. N, 135°19.58′ W in the vicinity of the (c) Definitions. The following defini- mouth of the Small Boat Harbor, tions apply to this section: Skagway, Alaska; (1) The term ‘‘designated representa- (2) All navigable waters of Portage tive’’ means any Coast Guard commis- Cove, Haines, AK within a 300-yard ra- sioned, warrant or petty officer of the dius around the fireworks launch area, U. S. Coast Guard who has been des- centered at approximate position ignated by the COTP, Prince William 59°14′16.72″ N, 135°25′35.79″ W; (3) all nav- Sound, to act on his or her behalf. igable waters of Wrangell Harbor with- (2) The term ‘‘official patrol vessel’’ in a 300-yard radius of the fireworks may consist of any Coast Guard, Coast launch platform centered at approxi- Guard Auxiliary, state, or local law en- mate position 56°28.223′ N and 132°23.285′ forcement vessels assigned or approved W. by the COTP, Prince William Sound. (b) Effective date. This rule is effec- (d) Regulations. (1) The general regu- tive from 10 p.m. until 2:30 a.m., July 3 lations contained in 33 CFR 165.23, as through July 5, of each year. well as the following regulations, apply. (c) Definitions. The following definitions apply to this section: (2) The safety zone is closed to all vessel traffic, except as may be per- Designated Representative—a ‘‘des- mitted by the COTP or the designated ignated representative’’ is any Coast representative during periods of en- Guard commissioned, warrant or petty forcement. officer of the U.S. Coast Guard who has been designated by the Captain of the (3) All persons and vessels shall com- Port, to act on his or her behalf. ply with the instructions of the COTP or the designated representative. Upon (d) Regulations. (1) The general regu- being hailed by a U.S. Coast Guard ves- lations contained in 33 CFR 165.23, as sel or other official patrol vessel by well as the following regulations, siren, radio, flashing light or other apply. means, the operator of the vessel shall (2) No vessels, except for fireworks proceed as directed. barge and accompanying vessels, will (4) Vessel operators desiring to enter be allowed to transit the safety zones or operate within the regulated area without the permission of the COTP or may request permission from the COTP the designated representative. via VHF Channel 16 or (907) 835–7205 (3) Vessel operators desiring to enter (Prince William Sound Vessel Traffic or operate within any of the regulated Center) to request permission to do so. areas shall contact the COTP or the (5) The Coast Guard will issue a designated representative via VHF Broadcast Notice to Mariners to advise channel 16 or 907–463–2990 (Sector Ju- mariners of the safety zone before and neau command center) to obtain per- during the event. mission to do so. (6) The COTP may be aided by other [USCG–2013–0078, 78 FR 38202, June 26, 2013] Federal, state, borough and local law

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enforcement officials in the enforce- designated representative during peri- ment of this regulation. ods of enforcement. (3) All persons and vessels shall com- [USCG–2017–0092, 82 FR 25730, June 5, 2017] ply with the instructions of the COTP § 165.1714 Safety Zone; Alaska Marine or the designated representative. Upon Highway System Port Valdez Ferry being hailed by a U.S. Coast Guard ves- Terminal, Port Valdez; Valdez, AK. sel or other official patrol vessel by siren, radio, flashing light or other (a) The following area is a Location. means, the operator of the hailed ves- safety zone: All navigable waters of sel shall proceed as directed. Port Valdez extending 200 yards in all (4) Vessel operators desiring to enter directions from the edges of the Alaska or operate within the regulated area Marine Highway System Terminal may contact the COTP or the des- dock located in Port Valdez at 61°07′26″ ° ′ ″ ignated representative via VHF chan- N and 146 21 50 W. nel 16 or 907–835–7205 (Prince William (b) Enforcement period. The rule will Sound Vessel Traffic Service) to re- be enforced whenever there is an Alas- quest permission to do so. ka Marine Highway System Ferry ves- (5) The COTP, Prince William Sound sel transiting within the area described may be aided by other Federal, state, in paragraph (a) of this section and borough, and local law enforcement of- there is a Commercial Salmon Fishery ficials in the enforcement of this regu- Opener that includes the navigable lation. In addition, members of the waters within the safety zone. Each en- Coast Guard Auxiliary may be present forcement period will be announced by to inform vessel operators of this regu- a broadcast notice to mariners when lation. the Commercial Salmon Fishery Open- er is announced. [USCG–2018–0578, 83 FR 32209, July 12, 2018; 83 (c) Definitions. The following defini- FR 34042, July 19, 2018] tions apply to this section: (1) The term ‘‘designated representa- Subpart G—Protection of Naval tive’’ means any Coast Guard commis- Vessels sioned, warrant or petty officer of the U.S. Coast Guard who has been des- AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR ignated by the Captain of the Port, 1.45. Prince William Sound, to act on his or SOURCE: LANT AREA–02–001, 67 FR 31960, her behalf. May 13, 2002, unless otherwise noted. (2) The term ‘‘official patrol vessel’’ may consist of any Coast Guard, Coast § 165.2010 Purpose. Guard Auxiliary, state, or local law en- This subpart establishes the geo- forcement vessels assigned or approved graphic parameters of naval vessel pro- by the COTP, Prince William Sound. tection zones surrounding U.S. naval (3) The term ‘‘AMHS vessel’’ means vessels in the navigable waters of the any vessel owned or operated by the United States. This subpart also estab- Alaska Marine Highway System, in- lishes when the U.S. Navy will take en- cluding, but not limited to: M/V AU- forcement action in accordance with RORA, M/V CHENEGA, M/V COLUM- the statutory guidelines of 14 U.S.C. 91. BIA, M/V FAIRWEATHER, M/V KEN- Nothing in the rules and regulations NICOTT, M/V LECONTE, M/V LITUYA, contained in this subpart shall relieve M/V MALASPINA, M/V MATANUSKA, any vessel, including U.S. naval ves- M/V TAKU and M/V TUSTUMENA. sels, from the observance of the Navi- (d) Regulations. (1) The general regu- gation Rules. The rules and regulations lations contained in 33 CFR 165.23, as contained in this subpart supplement, well as the requirements in paragraphs but do not replace or supercede, any (d)(2) through (5) of this section, apply. other regulation pertaining to the safe- (2) No vessels, except for AMHS fer- ty or security of U.S. naval vessels. ries and vessels owned or operated by AMHS will be allowed to transit the § 165.2015 Definitions. safety zone without the permission of The following definitions apply to the COTP Prince William Sound or the this subpart:

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Atlantic Area means that area de- (b) Senior naval officer present in com- scribed in 33 CFR 3.04–1 Atlantic Area. mand. In the navigable waters of the Large U.S. naval vessel means any United States, when immediate action U.S. naval vessel greater than 100 feet is required and representatives of the in length overall. Coast Guard are not present or not Naval defensive sea area means those present in sufficient force to exercise areas described in 32 CFR part 761. effective control in the vicinity of Naval vessel protection zone is a 500- large U.S. naval vessels, the senior yard regulated area of water sur- naval officer present in command is re- rounding large U.S. naval vessels that sponsible for the enforcement of the is necessary to provide for the safety or rules and regulations contained in this security of these U.S. naval vessels. subpart to ensure the safety and secu- Navigable waters of the United States rity of all large naval vessels present. means those waters defined as such in In meeting this responsibility, the sen- 33 CFR part 2. ior naval officer present in command Navigation rules means the Naviga- may directly assist any Coast Guard tion Rules, International-Inland. enforcement personnel who are Official patrol means those personnel present. designated and supervised by a senior § 165.2025 Atlantic Area. naval officer present in command and tasked to monitor a naval vessel pro- (a) This section applies to any vessel tection zone, permit entry into the or person in the navigable waters of zone, give legally enforceable orders to the United States within the bound- persons or vessels within the zone, and aries of the U.S. Coast Guard Atlantic take other actions authorized by the Area, which includes the First, Fifth, U.S. Navy. Seventh, Eighth and Ninth U.S. Coast Pacific Area means that area de- Guard Districts. scribed in 33 CFR 3.04–3 Pacific Area. NOTE TO § 165.2025 PARAGRAPH (a): The Restricted area means those areas es- boundaries of the U.S. Coast Guard Atlantic tablished by the Army Corps of Engi- Area and the First, Fifth, Seventh, Eighth neers and set out in 33 CFR part 334. and Ninth U.S. Coast Guard Districts are set Senior naval officer present in command out in 33 CFR part 3. is, unless otherwise designated by com- (b) A naval vessel protection zone ex- petent authority, the senior line officer ists around U.S. naval vessels greater of the U.S. Navy on active duty, eligi- than 100 feet in length overall at all ble for command at sea, who is present times in the navigable waters of the and in command of any part of the De- United States, whether the large U.S. partment of Navy in the area. naval vessel is underway, anchored, U.S. naval vessel means any vessel moored, or within a floating drydock, owned, operated, chartered, or leased except when the large naval vessel is by the U.S. Navy; any pre-commis- moored or anchored within a restricted sioned vessel under construction for area or within a naval defensive sea the U.S. Navy, once launched into the area. water; and any vessel under the oper- (c) The Navigation Rules shall apply ational control of the U.S. Navy or a at all times within a naval vessel pro- Combatant Command. tection zone. Vessel means every description of (d) When within a naval vessel pro- watercraft or other artificial contriv- tection zone, all vessels shall operate ance used, or capable of being used, as at the minimum speed necessary to a means of transportation on water, ex- maintain a safe course, unless required cept U.S. Coast Guard or U.S. naval to maintain speed by the Navigation vessels. Rules, and shall proceed as directed by the Coast Guard, the senior naval offi- § 165.2020 Enforcement authority. cer present in command, or the official (a) Coast Guard. Any Coast Guard patrol. When within a naval vessel pro- commissioned, warrant or petty officer tection zone, no vessel or person is al- may enforce the rules and regulations lowed within 100 yards of a large U.S. contained in this subpart. naval vessel unless authorized by the

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

(b) A naval vessel protection zone ex- NOTE TO PARAGRAPH (f): The listed actions ists around U.S. naval vessels greater are discretionary and do not create any addi- than 100 feet in length overall at all tional right to appeal or otherwise dispute a times in the navigable waters of the decision of the Coast Guard, the senior naval United States, whether the large U.S. officer present in command, or the official naval vessel is underway, anchored, patrol. moored, or within a floating dry dock, [PAC AREA–02–001, 67 FR 38394, June 4, 2002]

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