SUBCHAPTER P—PORTS AND WATERWAYS SAFETY PART 160—PORTS AND without the benefit of package, label, WATERWAYS SAFETY—GENERAL mark or count and carried in integral or fixed independent tanks. Subpart A—General Captain of the Port means the Coast Guard officer designated by the Com- Sec. mandant to command a Captain of the 160.1 Purpose. Port Zone as described in part 3 of this 160.3 Definitions. chapter. 160.5 Delegations. Commandant means the Commandant 160.7 Appeals. of the United States Coast Guard. Subpart B—Control of Vessel and Facility Commanding Officer, Vessel Traffic Operations Services means the Coast Guard officer designated by the Commandant to 160.101 Purpose. command a Vessel Traffic Service 160.103 Applicability. (VTS) as described in part 161 of this 160.105 Compliance with orders. chapter. 160.107 Denial of entry. Deviation means any departure from 160.109 Waterfront facility safety. 160.111 Special orders applying to vessel op- any rule in this subchapter. erations. District Commander means the Coast 160.113 Prohibition of vessel operation and Guard officer designated by the Com- cargo transfers. mandant to command a Coast Guard 160.115 Withholding of clearance. District as described in part 3 of this chapter. Subpart C—Notifications of Arrival, Haz- ETA means estimated time of arrival. ardous Conditions, and Certain Dan- Length of Tow means, when towing gerous Cargoes with a hawser, the length in feet from 160.201 General. the stern of the towing vessel to the 160.202 Applicability. stern of the last vessel in tow. When 160.203 Exemptions. pushing ahead or towing alongside, 160.204 Definitions. length of tow means the tandem length 160.206 Information required in an NOA. in feet of the vessels in tow excluding 160.208 Changes to a submitted NOA. the length of the towing vessel. 160.210 Methods for submitting an NOA. Person means an individual, firm, 160.212 When to submit an NOA. corporation, association, partnership, 160.214 Waivers. 160.215 Notice of hazardous conditions. or governmental entity. State means each of the several AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. States of the United States, the Dis- Chapter 701; Department of Homeland Secu- trict of Columbia, the Commonwealth rity Delegation No. 0170.1. Subpart C is also issued under the authority of 33 U.S.C. 1225 of Puerto Rico, Guam, American and 46 U.S.C. 3715. Samoa, the United States Virgin Is- lands, the Trust Territories of the Pa- SOURCE: CGD 79–026, 48 FR 35404, Aug. 4, cific Islands, the Commonwealth of the 1983, unless otherwise noted. Northern Marianas Islands, and any other commonwealth, territory, or pos- Subpart A—General session of the United States. Tanker means a self-propelled tank § 160.1 Purpose. vessel constructed or adapted pri- (a) This subchapter contains regula- marily to carry oil or hazardous mate- tions implementing the Ports and Wa- rials in bulk in the cargo spaces. terways Safety Act (33 U.S.C. 1221) and Tank Vessel means a vessel that is related statutes. constructed or adapted to carry, or that carries, oil or hazardous material § 160.3 Definitions. in bulk as cargo or cargo residue. For the purposes of this subchapter: Vehicle means every type of convey- Bulk means material in any quantity ance capable of being used as a means that is shipped, stored, or handled of transportation on land. 581 VerDate Aug<31>2005 10:38 Sep 03, 2008 Jkt 214130 PO 00000 Frm 00591 Fmt 8010 Sfmt 8010 Y:\SGML\214130.XXX 214130 erowe on PROD1PC64 with CFR § 160.5 33 CFR Ch. I (7–1–08 Edition) Vessel means every description of navigation areas and safety zones, and watercraft or other artificial contriv- to enforce Vessel Traffic Service and ance used, or capable of being used, as ports and waterways safety regula- a means of transportation on water. tions. This authority may be exercised Vessel Traffic Services (VTS) means a by Vessel Traffic Center personnel. The service implemented under Part 161 of Vessel Traffic Center may, within the this chapter by the United States Vessel Traffic Service area, provide in- Coast Guard designed to improve the formation, make recommendations, or, safety and efficiency of vessel traffic to a vessel required under Part 161 of and to protect the environment. The this chapter to participate in a Vessel VTS has the capability to interact Traffic Service, issue an order, includ- with marine traffic and respond to traf- ing an order to operate or anchor as di- fic situations developing in the VTS rected; require the vessel to comply area. with orders issued; specify times of Vessel Traffic Service Area or VTS Area entry, movement or departure; restrict means the geographical area encom- operations as necessary for safe oper- passing a specific VTS area of service ation under the circumstances; or take as described in Part 161 of this chapter. other action necessary for control of This area of service may be subdivided the vessel and the safety of the port or into sectors for the purpose of allo- of the marine environment. cating responsibility to individual Ves- [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as sel Traffic Centers or to identify dif- amended by CGD 88–037, 53 FR 21815, June 10, ferent operating requirements. 1988; CGD 90–020, 59 FR 36324, July 15, 1994] NOTE: Although regulatory jurisdiction is limited to the navigable waters of the United § 160.7 Appeals. States, certain vessels will be encouraged or (a) Any person directly affected by a may be required, as a condition of port safety zone or an order or direction entry, to report beyond this area to facili- issued under this subchapter may re- tate traffic management within the VTS area. quest reconsideration by the official VTS Special Area means a waterway who issued it or in whose name it was within a VTS area in which special op- issued. This request may be made oral- erating requirements apply. ly or in writing, and the decision of the official receiving the request may be [CGD 90–020, 59 FR 36323, July 15, 1994] rendered orally or in writing. (b) Any person directly affected by § 160.5 Delegations. the establishment of a safety zone or (a) District Commanders and Cap- by an order or direction issued by, or tains of the Ports are delegated the au- on behalf of, a Captain of the Port may thority to establish safety zones. appeal to the District Commander (b) Under the provisions of §§ 6.04–1 through the Captain of the Port. The and 6.04–6 of this chapter, District appeal must be in writing, except as al- Commanders and Captains of the Ports lowed under paragraph (e) of this sec- have been delegated authority to estab- tion, and shall contain complete sup- lish security zones. porting documentation and evidence (c) Under the provisions of § 1.05–1 of which the appellant wishes to have this chapter, District Commanders considered. Upon receipt of the appeal, have been delegated authority to estab- the District Commander may direct a lish regulated navigation areas. representative to gather and submit (d) Subject to the supervision of the documentation or other evidence which cognizant Captain of the Port and Dis- would be necessary or helpful to a reso- trict Commander, Commanding Offi- lution of the appeal. A copy of this doc- cers, Vessel Traffic Services are dele- umentation and evidence is made gated authority under 33 CFR 1.01–30 to available to the appellant. The appel- discharge the duties of the Captain of lant is afforded five working days from the Port that involve directing the op- the date of receipt to submit rebuttal eration, movement, and anchorage of materials. Following submission of all vessels within a Vessel Traffic Service materials, the District Commander area including management of vessel issues a ruling, in writing, on the ap- traffic within anchorages, regulated peal. Prior to issuing the ruling, the 582 VerDate Aug<31>2005 10:38 Sep 03, 2008 Jkt 214130 PO 00000 Frm 00592 Fmt 8010 Sfmt 8010 Y:\SGML\214130.XXX 214130 erowe on PROD1PC64 with CFR Coast Guard, DHS § 160.103 District Commander may, as a matter of the Assistant Commandant for Pre- of discretion, allow oral presentation vention is based upon the materials on the issues. submitted, without oral argument or (c) Any person directly affected by presentation. The decision of the As- the establishment of a safety zone or sistant Commandant for Prevention is by an order or direction issued by, or issued in writing and constitutes final on behalf of, a District Commander, or agency action. who receives an unfavorable ruling on (e) If the delay in presenting a writ- an appeal taken under paragraph (b) of ten appeal would have significant ad- this section may appeal to the Area verse impact on the appellant, the ap- Commander through the District Com- peal under paragraphs (b) and (c) of mander. The appeal must be in writing, this section may initially be presented except as allowed under paragraph (e) orally. If an initial presentation of the of this section, and shall contain com- appeal is made orally, the appellant plete supporting documentation and must submit the appeal in writing evidence which the appellant wishes to within five days of the oral presen- have considered. Upon receipt of the tation to the Coast Guard official to appeal, the Area Commander may di- whom the presentation was made. The rect a representative to gather and written appeal must contain, at a min- submit documentation or other evi- imum, the basis for the appeal and a dence which would be necessary or summary of the material presented helpful to a resolution of the appeal.