Subchapter P—Ports and Waterways Safety

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.

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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

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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. A orally. If requested, the official to copy of this documentation and evi- whom the appeal is directed may stay dence is made available to the appel- the effect of the action while the ruling lant. The appellant is afforded five is being appealed. working days from the date of receipt [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as to submit rebuttal materials. Fol- amended by CGD 88–052, 53 FR 25122, July 1, lowing submission of all materials, the 1988; CGD 96–026, 61 FR 33668, June 28, 1996; Area Commander issues a ruling, in CGD 97–023, 62 FR 33364, June 19, 1997; USCG– writing, on the appeal. Prior to issuing 2002–12471, 67 FR 41333, June 18, 2002; USCG– the ruling, the Area Commander may, 2006–25150, 71 FR 39211, July 12, 2006; 72 FR as a matter of discretion, allow oral 17409, Apr. 9, 2007] presentation on the issues. (d) Any person who receives an unfa- Subpart B—Control of Vessel and vorable ruling on an appeal taken Facility Operations under paragraph (c) of this section, may appeal through the Area Com- § 160.101 Purpose. mander to the Assistant Commandant This subpart describes the authority for Prevention (formerly known as the exercised by District Commanders and Assistant Commandant for Marine Captains of the Ports to insure the Safety, Security and Environmental safety of vessels and waterfront facili- Protection), U.S. Coast Guard, Wash- ties, and the protection of the navi- ington, DC 20593. The appeal must be in gable waters and the resources therein. writing, except as allowed under para- The controls described in this subpart graph (e) of this section. The Area are directed to specific situations and Commander forwards the appeal, all hazards. the documents and evidence which formed the record upon which the order § 160.103 Applicability. or direction was issued or the ruling (a) This subpart applies to any— under paragraph (c) of this section was (1) Vessel on the navigable waters of made, and any comments which might the United States, except as provided be relevant, to the Assistant Com- in paragraphs (b) and (c) of this sec- mandant for Prevention. A copy of this tion; documentation and evidence is made (2) Bridge or other structure on or in available to the appellant. The appel- the navigable waters of the United lant is afforded five working days from States; and the date of receipt to submit rebuttal (3) Land structure or shore area im- materials to the Assistant Com- mediately adjacent to the navigable mandant for Prevention. The decision waters of the United States.

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(b) This subpart does not apply to area immediately adjacent to those any vessel on the Saint Lawrence Sea- waters; and way. (2) Conduct examinations to assure (c) Except pursuant to international compliance with the safety equipment treaty, convention, or agreement, to requirements for structures. which the United States is a party, this subpart does not apply to any foreign [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as vessel that is not destined for, or de- amended by USCG–1998–3799, 63 FR 35531, June 30, 1998] parting from, a port or place subject to the jurisdiction of the United States § 160.111 Special orders applying to and that is in: vessel operations. (1) Innocent passage through the territorial sea of the United States; Each District Commander or Captain (2) Transit through the navigable wa- of the Port may order a vessel to oper- ters of the United States which form a ate or anchor in the manner directed part of an international strait. when: (a) The District Commander or Cap- § 160.105 Compliance with orders. tain of the Port has reasonable cause Each person who has notice of the to believe that the vessel is not in com- terms of an order issued under this sub- pliance with any regulation, law or part must comply with that order. treaty; (b) The District Commander or Cap- § 160.107 Denial of entry. tain of the Port determines that the Each District Commander or Captain vessel does not satisfy the conditions of the Port, subject to recognized prin- for vessel operation and cargo transfers ciples of international law, may deny specified in § 160.113; or entry into the navigable waters of the (c) The District Commander or Cap- United States or to any port or place tain of the Port has determined that under the jurisdiction of the United such order is justified in the interest of States, and within the district or zone safety by reason of weather, visibility, of that District Commander or Captain sea conditions, temporary port conges- of the Port, to any vessel not in com- tion, other temporary hazardous cir- pliance with the provisions of the Port cumstances, or the condition of the and Tanker Safety Act (33 U.S.C. 1221– vessel. 1232) or the regulations issued there- under. § 160.113 Prohibition of vessel operation and cargo transfers. § 160.109 Waterfront facility safety. (a) Each District Commander or Cap- (a) To prevent damage to, or the de- tain of the Port may prohibit any ves- struction of, any bridge or other struc- sel, subject to the provisions of chapter ture on or in the navigable waters of 37 of Title 46, U.S. Code, from operating the United States, or any land struc- in the navigable waters of the United ture or shore area immediately adja- States, or from transferring cargo or cent to such waters, and to protect the residue in any port or place under the navigable waters and the resources jurisdiction of the United States, and therein from harm resulting from ves- within the district or zone of that Dis- sel or structure damage, destruction, trict Commander or Captain of the or loss, each District Commander or Port, if the District Commander or the Captain of the Port may: Captain of the Port determines that (1) Direct the handling, loading, un- the vessel’s history of accidents, pollu- loading, storage, and movement (in- tion incidents, or serious repair prob- cluding the emergency removal, con- lems creates reason to believe that the trol and disposition) of explosives or vessel may be unsafe or pose a threat other dangerous articles and sub- to the marine environment. stances, including oil or hazardous ma- (b) The authority to issue orders pro- terial as those terms are defined in 46 hibiting operation of the vessels or U.S.C. 2101 on any structure on or in transfer of cargo or residue under para- the navigable waters of the United graph (a) of this section also applies if States, or any land structure or shore the vessel:

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(1) Fails to comply with any applica- or operator of which is subject to any ble regulation; penalties under 33 U.S.C. 1232. (2) Discharges oil or hazardous material in violation of any law or treaty of [CGD 79–026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059, Aug. 29, 1983, as amended by USCG– the United States; 1998–3799, 63 FR 35531, June 30, 1998] (3) Does not comply with applicable vessel traffic service requirements; (4) While underway, does not have at Subpart C—Notification of Arrival, least one licensed deck officer on the Hazardous Conditions, and navigation bridge who is capable of Certain Dangerous Cargos communicating in the English language. SOURCE: USCG–2002–11865, 68 FR 9543, Feb. (c) When a vessel has been prohibited 28, 2003, unless otherwise noted. from operating in the navigable waters of the United States under paragraphs § 160.201 General. (a) or (b) of this section, the District This subpart contains requirements Commander or Captain of the Port may and procedures for submitting Notices allow provisional entry into the navi- of Arrival (NOA) and Notice of Haz- gable waters of the United States, or ardous Condition. The sections in this into any port or place under the juris- subpart describe: diction of the United States and within (a) Applicability and exemptions the district or zone of that District from requirements in this subpart; Commander or Captain of the Port, if (b) Required information in an NOA; the owner or operator of such vessel (c) Required changes to an NOA; proves to the satisfaction of the Dis- (d) Methods and times for submission trict Commander or Captain of the of an NOA and changes to an NOA; Port, that the vessel is not unsafe or (e) How to obtain a waiver; and does not pose a threat to the marine (f) Requirements for submission of environment, and that such entry is the Notice of Hazardous Conditions. necessary for the safety of the vessel or the persons on board. § 160.202 Applicability. (d) A vessel which has been prohibited from operating in the navigable (a) This subpart applies to U.S. and waters of the United States, or from foreign vessels bound for or departing transferring cargo or residue in a port from ports or places in the United or place under the jurisdiction of the States. United States under the provisions of (b) This subpart does not apply to paragraph (a) or (b)(1), (2) or (3) of this U.S. recreational vessels under 46 section, may be allowed provisional U.S.C. 4301 et seq., but does apply to for- entry if the owner or operator proves, eign recreational vessels. to the satisfaction of the District Com- (c) Unless otherwise specified in this mander or Captain of the Port that has subpart, the owner, agent, master, op- jurisdiction, that the vessel is no erator, or person in charge of a vessel longer unsafe or a threat to the envi- regulated by this subpart is responsible ronment, and that the condition which for compliance with the requirements gave rise to the prohibition no longer in this subpart. exists. (d) Towing vessels controlling a barge or barges required to submit an [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as NOA under this subpart must submit amended by CGD 96–026, 61 FR 33668, June 28, only one NOA containing the informa- 1996; USCG–1998–3799, 63 FR 35531, June 30, 1998] tion required for the towing vessel and each barge under its control. § 160.115 Withholding of clearance. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as Each District Commander or Captain amended by USCG–2004–19963, 70 FR 74669, of the Port may request the Secretary Dec. 16, 2005] of the Treasury, or the authorized representative thereof, to withhold or re- § 160.203 Exemptions. voke the clearance required by 46 (a) Except for reporting notice of haz- U.S.C. App. 91 of any vessel, the owner ardous conditions, the following vessels

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are exempt from requirements in this Customs Service (USCS) reporting or subpart: submission requirements. (1) Passenger and supply vessels when (f) U.S. vessels need not submit the they are employed in the exploration International Ship and Port Facility for or in the removal of oil, gas, or Code (ISPS) Notice information (Entry mineral resources on the continental (9) to Table 160.206). shelf. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as (2) Oil Spill Recovery Vessels amended by USCG–2003–14749, 68 FR 39313, (OSRVs) when engaged in actual spill July 1, 2003; 68 FR 63735, Nov. 10, 2003] response operations or during spill re- EFFECTIVE DATE NOTE: By USCG–2002– sponse exercises. 11865, 68 FR 27908, May 22, 2003, in § 160.203, (3) Vessels operating upon the fol- paragraphs (d) and (e) were suspended, effec- lowing waters: tive May 22, 2003. (i) Mississippi River between its sources and mile 235, Above Head of § 160.204 Definitions. Passes; As used in this subpart: (ii) Tributaries emptying into the Agent means any person, partnership, Mississippi River above mile 235; firm, company or corporation engaged (iii) Atchafalaya River above its by the owner or charterer of a vessel to junction with the Plaquemine-Morgan act in their behalf in matters con- City alternate waterway and the Red cerning the vessel. River; and Barge means a non-self propelled ves- (iv) The Tennessee River from its sel engaged in commerce. confluence with the Ohio River to mile Carried in bulk means a commodity zero on the Mobile River and all other that is loaded or carried on board a tributaries between those two points. vessel without containers or labels and (b) If not carrying certain dangerous received and handled without mark or cargo or controlling another vessel car- count. rying certain dangerous cargo, the fol- Certain dangerous cargo (CDC) in- lowing vessels are exempt from NOA cludes any of the following: requirements in this subpart: (1) Division 1.1 or 1.2 explosives as de- (1) Vessels 300 gross tons or less, ex- fined in 49 CFR 173.50. cept for foreign vessels entering any (2) Division 1.5D blasting agents for port or place in the Seventh Coast which a permit is required under 49 Guard District as described in 33 CFR CFR 176.415 or, for which a permit is re- 3.35–1(b). quired as a condition of a Research and (2) Vessels operating exclusively Special Programs Administration ex- within a Captain of the Port Zone. emption. (3) Vessels arriving at a port or place (3) Division 2.3 ‘‘poisonous gas’’, as under force majeure. listed in 49 CFR 172.101 that is also a (4) Towing vessels and barges oper- ‘‘material poisonous by inhalation’’ as ating solely between ports or places in defined in 49 CFR 171.8, and that is in a the continental United States. quantity in excess of 1 metric ton per (5) Public vessels. vessel. (6) Except for tank vessels, U.S. ves- (4) Division 5.1 oxidizing materials sels operating solely between ports or for which a permit is required under 49 places in the United States on the CFR 176.415 or for which a permit is re- Great Lakes. quired as a condition of a Research and (c) Vessels less than 500 gross tons Special Programs Administration ex- need not submit the International emption. Safety Management (ISM) Code Notice (5) A liquid material that has a pri- (Entry (7) to Table 160.206). mary or subsidiary classification of Di- (d) Vessels operating solely between vision 6.1 ‘‘poisonous material’’ as list- ports or places in the continental ed in 49 CFR 172.101 that is also a ‘‘ma- United States need not submit the terial poisonous by inhalation,’’ as de- Cargo Declaration (Customs Form fined in 49 CFR 171.8 and that is in a 1302), (Entry (8) to Table 160.206). bulk packaging, or that is in a quan- (e) This section does not exempt any tity in excess of 20 metric tons per ves- vessel from compliance with the U.S. sel when not in a bulk packaging.

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(6) Class 7, ‘‘highway route controlled fore the entry into force of the Inter- quantity’’ radioactive material or national Convention on Tonnage Meas- ‘‘fissile material, controlled ship- urement of Ships, 1969 (‘‘Convention’’). ment,’’ as defined in 49 CFR 173.403. For a vessel measured only under (7) Bulk liquefied chlorine gas and Annex I of the Convention, gross tons Bulk liquefied gas cargo that is flam- means that tonnage. For a vessel meas- mable and/or toxic and carried under 46 ured under both systems, the higher CFR 154.7. gross tonnage is the tonnage used for (8) The following bulk liquids: the purposes of the 300-gross-ton (i) Acetone cyanohydrin, threshold. (ii) Allyl alcohol, Hazardous condition means any condi- (iii) Chlorosulfonic acid, tion that may adversely affect the safe- (iv) Crotonaldehyde, ty of any vessel, bridge, structure, or (v) Ethylene chlorohydrin, shore area or the environmental qual- (vi) Ethylene dibromide, ity of any port, harbor, or navigable (vii) Methacrylonitrile, and waterway of the United States. It may, (viii) Oleum (fuming sulfuric acid). but need not, involve collision, (ix) Propylene oxide, alone or mixed allision, fire, explosion, grounding, with ethylene oxide. leaking, damage, injury or illness of a (9) The following bulk solids: person aboard, or manning-shortage. (i) Ammonium nitrate listed as a Di- Nationality means the state (nation) vision 5.1 (oxidizing) material in 49 in which a person is a citizen or to CFR 172.101 that is not certain dan- which a person owes permanent alle- gerous cargo residue (CDC residue). giance. (ii) Ammonium nitrate based fer- Operator means any person including, tilizer listed as a Division 5.1 (oxi- but not limited to, an owner, a dizing) material in 49 CFR 172.101 that charterer, or another contractor who is not CDC residue. conducts, or is responsible for, the op- Certain dangerous cargo residue (CDC eration of a vessel. residue) means ammonium nitrate in Persons in addition to crewmembers bulk or ammonium nitrate based fer- mean any person onboard the vessel, tilizer in bulk remaining after all sale- including passengers, who are not in- able cargo is discharged, not exceeding cluded on the list of crewmembers. 1,000 pounds in total and not individ- Port or place of departure means any ually accumulated in quantities ex- port or place in which a vessel is an- ceeding two cubic feet. chored or moored. Charterer means the person or organi- Port or place of destination means any zation that contracts for the majority port or place in which a vessel is bound of the carrying capacity of a ship for to anchor or moor. the transportation of cargo to a stated Public vessel means a vessel that is port for a specified period. This in- owned or demise-(bareboat) chartered cludes ‘‘time charterers’’ and ‘‘voyage by the government of the United charterers.’’ States, by a State or local government, Crewmember means all persons carried or by the government of a foreign on board the vessel to provide naviga- country and that is not engaged in tion and maintenance of the vessel, its commercial service. machinery, systems, and arrangements Time charterer means the party who essential for propulsion and safe navi- hires a vessel for a specific amount of gation or to provide services for other time. The owner and his crew manage persons on board. the vessel, but the charterer selects the Great Lakes means Lakes Superior, ports of destination. Michigan, Huron, Erie, and Ontario, Voyage charterer means the party who their connecting and tributary waters, hires a vessel for a single voyage. The the Saint Lawrence River as far as owner and his crew manage the vessel, Saint Regis, and adjacent port areas. but the charterer selects the ports of Gross tons means the tonnage deter- destination. mined by the tonnage authorities of a [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as vessel’s flag state in accordance with amended by USCG–2004–19963, 70 FR 74669, the national tonnage rules in force be- Dec. 16, 2005]

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§ 160.206 Information required in an NOA. (a) Each NOA must contain all of the information items specified in Table 160.206.

TABLE 160.206—NOA INFORMATION ITEMS

Vessels carrying CDC Vessels not Towing ves- Required information carrying CDC sels controlling Vessels vessels carrying CDC

(1) Vessel Information: (i) Name;...... X X X (ii) Name of the registered owner; ...... X X X (iii) Country of registry; ...... X X X (iv) Call sign; ...... X X X (v) International Maritime Organization (IMO) international number or, if vessel does not have an assigned IMO international number, sub- stitute with official number; ...... X X X (vi) Name of the operator; ...... X X X (vii) Name of the charterer; and ...... X X X (viii) Name of classification society ...... X X X (2) Voyage Information: (i) Names of last five ports or places visited; ...... X X X (ii) Dates of arrival and departure for last five ports or places visited; ..... X X X (iii) For each port or place in the United States to be visited list the names of the receiving facility, the port or place, the city, and the state; ...... X X X (iv) For each port or place in the United States to be visited, the estimated date and time of arrival; ...... X X X (v) For each port or place in the United States to be visited, the estimated date and time of departure; ...... X X X (vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting; and...... X X X (vii) The name and telephone number of a 24-hour point of contact ...... X X X (3) Cargo Information: (i) A general description of cargo, other than CDC, onboard the vessel (e.g.: grain, container, oil, etc.); ...... X X X (ii) Name of each certain dangerous cargo carried, including cargo UN number, if applicable; and ...... X X (iii) Amount of each certain dangerous cargo carried ...... X X (4) Information for each Crewmember Onboard: (i) Full name; ...... X X X (ii) Date of birth; ...... X X X (iii) Nationality; ...... X X X (iv) Passport or mariners document number (type of identification and number); ...... X X X (v) Position or duties on the vessel; and ...... X X X (vi) Where the crewmember embarked (list port or place and country) ... X X X (5) Information for each Person Onboard in Addition to Crew: (i) Full name; ...... X X X (ii) Date of birth; ...... X X X (iii) Nationality; ...... X X X (iv) Passport number; and ...... X X X (v) Where the person embarked (list port or place and country) ...... X X X (6) Operational condition of equipment required by § 164.35 of this chapter .. X X X (7) International Safety Management (ISM) Code Notice: (i) The date of issuance for the company’s Document of Compliance certificate that covers the vessel; ...... X X X (ii) The date of issuance for the vessel’s Safety Management Certificate; and ...... X X X (iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those certificates ...... X X X (8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 ..... X X X (9) International Ship and Port Facility Code (ISPS) Notice *: (i) The date of issuance for the vessel’s International Ship Security Cer- tificate (ISSC), if any; ...... X X X (ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and consecutive Interim ISSC, or final ISSC; ...... X X X (iii) Declaration that the approved ship security plan, if any, is being implemented; ...... X X X

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TABLE 160.206—NOA INFORMATION ITEMS—Continued

Vessels carrying CDC Vessels not Towing ves- Required information carrying CDC sels controlling Vessels vessels carrying CDC

(iv) If a subsequent and consecutive Interim ISSC, the reasons therefor; X X X (v) The name and 24-hour contact information for the Company Security Officer; and...... X X X (vi) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued the ISSC...... X X X * The information required by items 9(i)-(iii) need not be submitted before January 1, 2004. All other information required by item 9 need not be submitted before July 1, 2004.

(b) Vessels operating solely between (2) Changes in vessel location or posi- ports or places in the continental tion of the vessel at the time of report- United States need submit only the ing (entry (2)(vi) to Table 160.206); and name of and date of arrival and depar- (3) Changes to crewmembers’ position ture for the last port or places visited or duties on the vessel (entry (5)(v) to to meet the requirements in entries Table 160.206). (2)(i) and (ii) to Table 160.206 of this (c) When reporting changes, submit section. only the name of the vessel, original (c) You may submit a copy of INS NOA submission date, the port of ar- Form I–418 to meet the requirements of entries (4) and (5) in Table 160.206. rival, the specific items to be cor- (d) Any vessel planning to enter two rected, and the new location or posi- or more consecutive ports or places in tion of the vessel at the time of report- the United States during a single voy- ing. Only changes to NOA information age may submit one consolidated Noti- need to be submitted. fication of Arrival at least 96 hours before entering the first port or place of § 160.210 Methods for submitting an destination. The consolidated notice NOA. must include the name of the port or (a) Submission to the National Vessel place and estimated arrival and depar- Movement Center (NVMC). Except as ture date for each destination of the provided in paragraphs (b) and (c) of voyage. Any vessel submitting a con- this section, vessels must submit NOA solidated notice under this section information required by § 160.206 (en- must still meet the requirements of tries 1 through 9 in Table 160.206) to the § 160.208 of this part concerning require- NVMC, United States Coast Guard, 408 ments for changes to an NOA. Coast Guard Drive, Kearneysville, WV [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as 25430, by: amended by USCG–2003–14749, 68 FR 39313, (1) Electronic submission via the July 1, 2003; 68 FR 63735, Nov. 10, 2003] electronic Notice of Arrival and Depar- EFFECTIVE DATE NOTE: By USCG–2002– ture (eNOAD) and consisting of the fol- 11865, 68 FR 27908, May 22, 2003, in § 160.206, in lowing three formats: paragraph (a), item (8) in table 160.206 was (i) A Web site that can be used to suspended, effective May 22, 2003. submit NOA information directly to § 160.208 Changes to a submitted NOA. the NVMC, accessible from the NVMC (a) Unless otherwise specified in this web site at http://www.nvmc.uscg.gov; section, when submitted NOA informa- (ii) Electronic submission of Exten- tion changes, vessels must submit a no- sible Markup Language (XML) for- tice of change within the times re- matted documents via web service; quired in § 160.212. (iii) Electronic submission via Micro- (b) Changes in the following informa- soft InfoPath; contact the NVMC at tion need not be reported: [email protected] or by telephone at (1) Changes in arrival or departure 1–800–708–9823 or 304–264–2502 for more times that are less than six (6) hours; information;

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(2) E-mail at [email protected]. § 160.212 When to submit an NOA. Workbook available at http:// (a) Submission of NOA. (1) Except as www.nvmc.uscg.gov; set out in paragraph (a)(2) of this sec- (3) Fax at 1–800–547–8724 or 304–264– tion, all vessels must submit NOAs 2684. Workbook available at http:// within the times required in paragraph www.nvmc.uscg.gov; or, (4) Telephone at 1–800–708–9823 or 304– (a)(3) of this section. 264–2502. (2) Towing vessels, when in control of (b) Saint Lawrence Seaway transits. a vessel carrying CDC and operating Those vessels transiting the Saint solely between ports or places in the Lawrence Seaway inbound, bound for a continental United States, must sub- port or place in the United States, may mit an NOA before departure but at meet the submission requirements of least 12 hours before entering the port paragraph (a) of this section by submit- or place of destination. ting the required information to the (3) Times for submitting NOAs areas Saint Lawrence Seaway Development follows: Corporation and the Saint Lawrence If your voyage Seaway Management Corporation of time is— You must submit an NOA— Canada by fax at 315–764–3235 or at 315– 764–3200. The Cargo Declaration (Cus- (i) 96 hours or At least 96 hours before entering the more; or. port or place of destination; or toms Form 1302) in entry (8) in Table (ii) Less than 96 Before departure but at least 24 hours 160.206 must be submitted electroni- hours. before entering the port or place of cally to the USCS, as required by para- destination. graph (d) of this section. (c) Seventh Coast Guard District. Those (b) Submission of changes to NOA. (1) foreign vessels 300 or less gross tons op- Except as set out in paragraph (b)(2) of erating in the Seventh Coast Guard this section, vessels must submit District must submit an NOA to the changes in NOA information within the cognizant Captain of the Port (COTP). times required in paragraph (b)(3) of The Cargo Declaration (Customs Form this section. 1302) in entry (8) in Table 160.206 must (2) Towing vessels, when in control of be submitted electronically to the a vessel carrying CDC and operating USCS, as required by paragraph (d) of solely between ports or places in the this section. continental United States, must sub- (d) Submission to the United States Cus- mit changes to an NOA as soon as prac- toms Service’s Sea Automated Manifest ticable but at least 6 hours before en- System (AMS). (1) Beginning July 1, tering the port or place of destination. 2003, the Cargo Declaration (Customs (3) Times for submitting changes to Form 1302) in entry (8) in Table 160.206 NOAs are as follows: must be submitted electronically to If your remaining Then you must submit changes to an the USCS Sea AMS by one of the fol- voyage time is— NOA— lowing methods: (i) By direct connection with USCS (i) 96 hours or As soon as practicable but at least 24 or by purchasing the proper software; more;. hours before entering the port or place of destination; or (ii) Less than 96 As soon as practicable but at least 24 (ii) Using a service provider or a Port hours but not hours before entering the port or place Authority. less than 24 of destination; or (2) To become a participant in Sea hours; or (iii) Less than 24 As soon as practicable but at least 12 AMS, submitters must provide a letter hours. hours before entering the port or place of intent to USCS prior to first submis- of destination. sion. (c) Submission of the Cargo Declaration [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735, Nov. 10, 2003, as amended by USCG– (Customs Form 1302). (1) Except as set 2004–19963, 70 FR 74669, Dec. 16, 2005] out in paragraph (c)(2) of this section, all vessels must submit to USCS the EFFECTIVE DATE NOTE: By USCG–2002– 11865, 68 FR 27908, May 22, 2003, in § 160.210, Cargo Declaration (Customs Form 1302) the last sentence of paragraph (b), the last in entry (8) to Table 160.206, within the sentence of paragraph (c), and paragraph (d) times required in paragraph (a)(3) of were suspended, effective May 22, 2003. this section.

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(2)(i) Except for vessels carrying con- PART 161—VESSEL TRAFFIC tainerized cargo or break bulk cargo, MANAGEMENT vessels carrying bulk cargo may submit the Cargo Declaration (Customs Subpart A—Vessel Traffic Services Form 1302), (Entry (8) to Table 160.206) before departure but at least 24 hours GENERAL RULES before entering the U.S. port or place Sec. of destination. 161.1 Purpose and Intent. (ii) Vessels carrying break bulk cargo 161.2 Definitions. operating under a USCS exemption 161.3 Applicability. granted under 19 CFR 4.7(b)(4)(ii) may, 161.4 Requirement to carry the rules. during the effective period of the USCS 161.5 Deviations from the rules. exemption, submit the Cargo Declara- SERVICES, VTS MEASURES, AND OPERATING tion (Customs Form 1302), (Entry (8) to REQUIREMENTS Table 160.206) before departure but at least 24 hours before entering the U.S. 161.10 Services. port or place of destination. 161.11 VTS measures. 161.12 Vessel operating requirements. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 161.13 VTS Special Area operating require- FR 63735, Nov. 10, 2003] ments.

EFFECTIVE DATE NOTE: By USCG–2002– 11865, 68 FR 27908, May 22, 2003, in § 160.212, Subpart B—Vessel Movement Reporting paragraph (c) was suspended, effective May System 22, 2003. 161.15 Purpose and intent. 161.16 Applicability. § 160.214 Waivers. 161.17 Definitions. The Captain of the Port may waive, 161.18 Reporting requirements. within that Captain of the Port’s des- 161.19 Sailing Plan (SP). ignated zone, any of the requirements 161.20 Position Report (PR). of this subpart for any vessel or class 161.21 Automated reporting. of vessels upon finding that the vessel, 161.22 Final Report (FR). route, area of operations, conditions of 161.23 Reporting exemptions. the voyage, or other circumstances are Subpart C—Vessel Traffic Service and Ves- such that application of this subpart is sel Movement Reporting System Areas unnecessary or impractical for pur- and Reporting Points poses of safety, environmental protection, or national security. 161.25 Vessel Traffic Service New York Area. § 160.215 Notice of hazardous condi- 161.30 Vessel Traffic Service Louisville. tions. 161.35 Vessel Traffic Service Houston/Gal- Whenever there is a hazardous condi- veston. 161.40 Vessel Traffic Service Berwick Bay. tion either aboard a vessel or caused by 161.45 Vessel Traffic Service St. Marys a vessel or its operation, the owner, River. agent, master, operator, or person in 161.50 Vessel Traffic Service San Francisco. charge shall immediately notify the 161.55 Vessel Traffic Service Puget Sound nearest Coast Guard Sector Office or and the Cooperative Vessel Traffic Serv- Group Office. (Compliance with this ice for the Juan de Fuca Region. section does not relieve responsibility 161.60 Vessel Traffic Service Prince William for the written report required by 46 Sound. CFR 4.05–10.) AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. L. 107–295, 116 Stat. 2064; De- [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as partment of Homeland Security Delegation amended by USCG–2006–25556, 72 FR 36328, No. 0170.1. July 2, 2007] SOURCE: CGD 90–020, 59 FR 36324, July 15, 1994, unless otherwise noted.

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Subpart A—Vessel Traffic Services § 161.2 Definitions. For the purposes of this part: GENERAL RULES Cooperative Vessel Traffic Services § 161.1 Purpose and Intent. (CVTS) means the system of vessel traffic management established and jointly (a) The purpose of this part is to pro- operated by the United States and Can- mulgate regulations implementing and ada within adjoining waters. In addi- enforcing certain sections of the Ports tion, CVTS facilitates traffic move- and Waterways Safety Act (PWSA) set- ment and anchorages, avoids jurisdic- ting up a national system of Vessel tional disputes, and renders assistance Traffic Services that will enhance in emergencies in adjoining United navigation, vessel safety, and marine States and Canadian waters. environmental protection, and promote Hazardous Vessel Operating Condition safe vessel movement by reducing the means any condition related to a ves- potential for collisions, rammings, and sel’s ability to safely navigate or ma- groundings, and the loss of lives and neuver, and includes, but is not limited property associated with these inci- to: dents within VTS areas established hereunder. (1) The absence or malfunction of vessel operating equipment, such as (b) Vessel Traffic Services provide propulsion machinery, steering gear, the mariner with information related radar system, gyrocompass, depth to the safe navigation of a waterway. sounding device, automatic radar plot- This information, coupled with the ting aid (ARPA), radiotelephone, Auto- mariner’s compliance with the provi- matic Identification System equip- sions set forth in this part, enhances ment, navigational lighting, sound sig- the safe routing of vessels through con- naling devices or similar equipment. gested waterways or waterways of particular hazard. Under certain cir- (2) Any condition on board the vessel cumstances, a VTS may issue direc- likely to impair navigation, such as tions to control the movement of ves- lack of current nautical charts and sels in order to minimize the risk of publications, personnel shortage, or collision between vessels, or damage to similar condition. property or the environment. (3) Vessel characteristics that affect (c) The owner, operator, charterer, or restrict maneuverability, such as master, or person directing the move- cargo arrangement, trim, loaded condi- ment of a vessel remains at all times tion, underkeel clearance, speed, or responsible for the manner in which similar characteristics. the vessel is operated and maneuvered, Navigable waters means all navigable and is responsible for the safe naviga- waters of the United States including tion of the vessel under all cir- the territorial sea of the United States, cumstances. Compliance with these extending to 12 nautical miles from rules or with a direction of the VTS is United States baselines, as described in at all times contingent upon the ex- Presidential Proclamation No. 5928 of igencies of safe navigation. December 27, 1988. (d) Nothing in this part is intended to Precautionary Area means a routing relieve any vessel, owner, operator, measure comprising an area within de- charterer, master, or person directing fined limits where vessels must navi- the movement of a vessel from the con- gate with particular caution and with- sequences of any neglect to comply in which the direction of traffic may be with this part or any other applicable recommended. law or regulation (e.g., the Inter- Towing Vessel means any commercial national Regulations for Prevention of vessel engaged in towing another vessel Collisions at Sea, 1972 (72 COLREGS) or astern, alongside, or by pushing ahead. the Inland Navigation Rules) or of the Vessel Movement Center (VMC) means neglect of any precaution which may the shore-based facility that operates be required by the ordinary practice of the vessel tracking system for a Vessel seamen, or by the special cir- Movement Reporting System (VMRS) cumstances of the case. area or sector within such an area. The

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VMC does not necessarily have the ca- (b) Required to participate in a pability or qualified personnel to inter- VMRS within a VTS area (VMRS act with marine traffic, nor does it nec- User). essarily respond to traffic situations VTS User’s Manual means the manual developing in the area, as does a Vessel established and distributed by the VTS Traffic Service (VTS). to provide the mariner with a descrip- Vessel Movement Reporting System tion of the services offered and rules in (VMRS) means a mandatory reporting force for that VTS. Additionally, the system used to monitor and track ves- manual may include chartlets showing sel movements. This is accomplished the area and sector boundaries, general by a vessel providing information navigational information about the under established procedures as set area, and procedures, radio frequencies, forth in this part in the areas defined reporting provisions and other infor- in Table 161.12(c) (VTS and VMRS Cen- mation which may assist the mariner ters, Call Signs/MMSI, Designated Fre- while in the VTS area. quencies, and Monitoring Areas). Vessel Movement Reporting System [CGD 90–020, 59 FR 36324, July 15, 1994, as (VMRS) User means a vessel, or an amended by CGE 97–023, 62 FR 33364, June 19, owner, operator, charterer, Master, or 1997; USCG–2003–14757, 68 FR 39364, July 1, person directing the movement of a 2003] vessel that is required to participate in a VMRS. § 161.3 Applicability. Vessel Traffic Center (VTC) means the The provisions of this subpart shall shore-based facility that operates the apply to each VTS User and may also vessel traffic service for the Vessel apply to any vessel while underway or Traffic Service area or sector within at anchor on the navigable waters of such an area. the United States within a VTS area, Vessel Traffic Services (VTS) means a to the extent the VTS considers nec- service implemented by the United essary. States Coast Guard designed to improve the safety and efficiency of ves- § 161.4 Requirement to carry the rules. sel traffic and to protect the environment. The VTS has the capability to Each VTS User shall carry on board interact with marine traffic and re- and maintain for ready reference a spond to traffic situations developing copy of these rules. in the VTS area. NOTE: These rules are contained in the ap- Vessel Traffic Service Area or VTS Area plicable U.S. Coast Pilot, the VTS User’s means the geographical area encom- Manual which may be obtained by contacting the appropriate VTS, and periodi- passing a specific VTS area of service. cally published in the Local Notice to Mari- This area of service may be subdivided ners. The VTS User’s Manual and the World into sectors for the purpose of allo- VTS Guide, an International Maritime Orga- cating responsibility to individual Ves- nization (IMO) recognized publication, con- sel Traffic Centers or to identify dif- tain additional information which may as- ferent operating requirements. sist the prudent mariner while in the appro- NOTE: Although regulatory jurisdiction is priate VTS area. limited to the navigable waters of the United States, certain vessels will be encouraged or § 161.5 Deviations from the rules. may be required, as a condition of port (a) Requests to deviate from any pro- entry, to report beyond this area to facilitate traffic management within the VTS vision in this part, either for an ex- area. tended period of time or if anticipated VTS Special Area means a waterway before the start of a transit, must be within a VTS area in which special op- submitted in writing to the appropriate erating requirements apply. District Commander. Upon receipt of VTS User means a vessel, or an the written request, the District Com- owner, operator, charterer, master, or mander may authorize a deviation if it person directing the movement of a is determined that such a deviation vessel, that is: provides a level of safety equivalent to (a) Subject to the Vessel Bridge-to- that provided by the required measure Bridge Radiotelephone Act; or or is a maneuver considered necessary

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for safe navigation under the cir- § 161.11 VTS measures. cumstances. An application for an au- (a) A VTS may issue measures or di- thorized deviation must state the need rections to enhance navigation and and fully describe the proposed alter- vessel safety and to protect the marine native to the required measure. environment, such as, but not limited (b) Requests to deviate from any pro- to: vision in this part due to cir- (1) Designating temporary reporting cumstances that develop during a tran- points and procedures; sit or immediately preceeding a tran- (2) Imposing vessel operating require- sit, may be made verbally to the appro- ments; or priate VTS Director. Requests to devi- (3) Establishing vessel traffic routing ate shall be made as far in advance as schemes. practicable. Upon receipt of the re- (b) During conditions of vessel con- quest, the VTS Director may authorize gestion, restricted visibility, adverse a deviation if it is determined that, weather, or other hazardous cir- based on vessel handling characteris- cumstances, a VTS may control, super- tics, traffic density, radar contacts, en- vise, or otherwise manage traffic, by vironmental conditions and other rel- specifying times of entry, movement, evant information, such a deviation or departure to, from, or within a VTS provides a level of safety equivalent to area. that provided by the required measure or is a maneuver considered necessary § 161.12 Vessel operating require- for safe navigation under the cir- ments. cumstances. (a) Subject to the exigencies of safe [CGD 90–020, 59 FR 36324, July 15, 1994, as navigation, a VTS User shall comply amended by USCG–2005–21531, 70 FR 36350, with all measures established or direc- June 23, 2005] tions issued by a VTS. (b) If, in a specific circumstance, a SERVICES, VTS MEASURES, AND VTS User is unable to safely comply OPERATING REQUIREMENTS with a measure or direction issued by § 161.10 Services. the VTS, the VTS User may deviate only to the extent necessary to avoid To enhance navigation and vessel endangering persons, property or the safety, and to protect the marine envi- environment. The deviation shall be re- ronment, a VTS may issue advisories, ported to the VTS as soon as is prac- or respond to vessel requests for infor- ticable. mation, on reported conditions within (c) When not exchanging voice com- the VTS area, such as: munications, a VTS User must main- (a) Hazardous conditions or cir- tain a listening watch as required by cumstances; § 26.04(e) of this chapter on the VTS fre- (b) Vessel congestion; quency designated in Table 161.12(c) (c) Traffic density; (VTS and VMRS Centers, Call Signs/ (d) Environmental conditions; MMSI, Designated Frequencies, and (e) Aids to navigation status; Monitoring Areas). In addition, the (f) Anticipated vessel encounters; VTS User must respond promptly when (g) Another vessel’s name, type, posi- hailed and communicate in the English tion, hazardous vessel operating condi- language. tions, if applicable, and intended navigation movements, as reported; NOTE TO § 161.12(c): As stated in 47 CFR (h) Temporary measures in effect; 80.148(b), a very high frequency watch on (i) A description of local harbor oper- Channel 16 (156.800 MHz) is not required on ations and conditions, such as ferry vessels subject to the Vessel Bridge-to- Bridge Radiotelephone Act and participating routes, dredging, and so forth; in a Vessel Traffic Service (VTS) system (j) Anchorage availability; or when the watch is maintained on both the (k) Other information or special cir- vessel bridge-to-bridge frequency and a des- cumstances. ignated VTS frequency.

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

Designated frequency (Chan- Center MMSI 1 Call Sign Monitoring area 3,4 nel designation)—purpose 2

Berwick Bay 003669950— Berwick Traffic ...... 156.550 MHz (Ch. 11) ...... The waters south of 29°45′ N., west of 91°10′ W., north of 29°37′ N., and east of 91°18′ W. Buzzards Bay Buzzards Bay Control 5 ...... 156.600 MHz (Ch. 12) ...... The waters east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approximate position latitude 41°–27.2′ N, longitude 70°–11.7′ W, to the Buzzards Bay Entrance Light in approximate position latitude 41°–23.5′ N, longitude 71°–02.0′ W, and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°–24.6′ N, longitude 70°– 57.0′ W, and including all of the Cape Cod Canal to its eastern entrance, except that the area of New Bedford harbor within the confines (north of) the hurricane barrier, and the passages through the Elizabeth Islands, is not considered to be ‘‘Buzzards Bay’’. Houston-Galveston— ...... The navigable waters north of 29° N., west of 94°20′ W., 003669954. south of 29°49′ N., and east of 95°20′ W. Houston Traffic ...... 156.550 MHz (Ch. 11) ...... The navigable waters north of a line extending due west from 156.250 Mhz (Ch. 5A) the southern most end of Exxon Dock #1 (20°43.37′ N., —For Sailing Plans only 95°01.27′ W.). Houston Traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters south of a line extending due west from 156.250 Mhz (Ch. 5A) the southern most end of Exxon Dock #1 (29°43.37′ N., —For Sailing Plans only 95°01.27′ W.) Los Angeles/Long Beach: MMSI/To be determined San Pedro Traffic ...... 156.700 MHz (Ch.14) ...... Vessel Movement Reporting System Area: The navigable waters within a 25 nautical mile radius of Point Fermin Light (33°42.3′ N., 118°17.6′ W.). Louisville: Not applicable Louisville Traffic ...... 156.650 MHz (Ch. 13) The waters of the Ohio River between McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above. Lower Mississippi River 6— 0036699952 New Orleans Traffic ...... 156.700 MHz (Ch.14) ...... The navigable waters of the Lower Mississippi River below 30°38.7′ N., 91°17.5′ W. (Port Hudson Light at 255 miles Above Head of Passes (AHP)), the Southwest Pass, and, within a 12 nautical miles radius around 28°54.3′ N., 89°25.7′ W. (Southwest Pass Entrance Light at 19.9 miles Below Head of Passes). New Orleans Traffic ...... 156.600 MHz (Ch.12) ...... New Orleans Sector. The navigable waters of the Lower Mis- sissippi River bounded on the north by a line drawn perpendicularly at 29°56.4′ N., 90°08.36′ W. and on the south by a line drawn perpendicularly at 29°56.24′ N., 89°59.86′ W. (88 and 106 miles AHP). New York—003669951 New York Traffic ...... 156.550 MHz (Ch. 11) ...... The area consists of the navigable waters of the Lower New —For Sailing Plans only York Bay bounded on the east by a line drawn from Norton 156.600 MHz (Ch. 12) Point to Breezy Point; on the south by a line connecting —For vessels at anchor the entrance buoys at the Ambrose Channel, Swash Chan- nel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40° 25′ N; then west in the Raritan Bay to the Raritan River Railroad Bridge, then north into waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40° 41.9N; and then east including the waters of the Kill Van Kull and the Upper New York Bay north to a line drawn east-west from the Holland Tunnel ventilator shaft at latitude 40° 43.7′ N, longitude 74° 01.6′ W, in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River.

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

Designated frequency (Chan- Center MMSI 1 Call Sign Monitoring area 3,4 nel designation)—purpose 2

New York Traffic ...... 156.700 MHz (Ch. 14) ...... The navigable waters of the Lower New York Bay west of a line drawn from Norton Point to Breezy Point; and north of a line connecting the entrance buoys of Ambrose Channel, Swash Channel, and Sandy Hook Channel, to Sandy Hook Point; on the southeast including the waters of the Sandy Hook Bay south to a line drawn at latitude 40° 25′ N; then west into the waters of Raritan Bay East Reach to a line drawn from Great Kills Light south through Raritan Bay East Reach LGB #14 to Comfort PT, NJ; then north including the waters of the Upper New York Bay south of 40° 42.40′ N (Brooklyn Bridge) and 40° 43.70′ N (Holland Tun- nel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40° 38.25′ N (Arthur Kill Railroad Bridge); then north into the waters of the Newark Bay, south of 40° 41.95′ N (Lehigh Valley Draw Bridge). New York Traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters of the Raritan Bay south to a line drawn at latitude 40° 26′ N; then west of a line drawn from Great Kills Light south through the Raritan Bay East Reach LGB #14 to Point Comfort, NJ; then west to the Raritan River Railroad Bridge; and north including the waters of the Arthur Kill to 40° 28.25′ N (Arthur Kill Railroad Bridge); including the waters of the East River north of 40° 42.40′ N (Brooklyn Bridge) to the Throgs Neck Bridge, excluding the Harlem River. Port Arthur 6—003669955 Sabine Traffic ...... To be determined ...... The navigable waters south of 30°10′ N., east of 94°20′ W., west of 93°22′ W, and, north of 29° 10′ N. Prince William Sound— 003669958 Valdez Traffic ...... 156.650 MHz (Ch. 13) ...... The navigable waters south of 61°05′ N., east of 147°20′ W., north of 60° N., and west of 146°30′ W.; and, all navigable waters in Port Valdez. Puget Sound 7 Seattle Traffic—003669957 ..... 156.700 MHz (Ch. 14) ...... The waters of Puget Sound, Hood Canal and adjacent waters south of a line connecting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. Seattle Traffic—003669957 ..... 156.250 MHz (Ch. 5A) ...... The waters of the Strait of Juan de Fuca east of 124°40′ W. excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52′ W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point and Bush Point and all waters east of Whidbey Island North of a line drawn due east from the southernmost tip of Posses- sion Point on Whidbey Island to the shoreline. Tofino Traffic—003160012 ...... 156.725 MHz (Ch. 74) ...... The waters west of 124°40′ W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48° N., and east of 127° W. Victoria Traffi—003160010 ...... 156.550 MHz (Ch. 11) ...... The waters of the Strait of Georgia west of 122°52′ W., the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archi- pelago, Boundary Pass and Haro Strait. San Francisco—003669956 San Francisco Traffic ...... 156.700 MHz (Ch. 14) ...... The navigable waters of the San Francisco Offshore Pre- cautionary Area, the navigable waters shoreward of the San Francisco Offshore Precautionary Area east of 122°42.0′ W. and north of 37°40.0′ N. extending eastward through the Golden Gate, and the navigable waters of San Francisco Bay and as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sac- ramento on the Sacramento River. San Francisco Traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′ N., 122°34.6′ W.) west of 122°42.0′ W. and south of 37°40.0′ N and excluding the San Francisco Offshore Precautionary Area.

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

Designated frequency (Chan- Center MMSI 1 Call Sign Monitoring area 3,4 nel designation)—purpose 2

St. Marys River—003669953 Soo Traffic ...... 156.600 MHz (Ch. 12) ...... The waters of the St. Marys River between 45°57′ N. (De Tour Reef Light) and 46°38.7′ N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′ N. and 46°01.57′ N. (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay).

NOTES: 1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in §§ 161.21 and 164.46 of this subchapter. The requirements set forth in §§ 161.21 and 164.46 of this subchapter apply in those areas denoted with a MMSI number. 2 In the event of a communication failure, difficulties or other safety factors, the Center may direct or permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Ch. 67), to the extent that doing so provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is used in certain monitoring areas where the level of reporting does not warrant a designated frequency. 3 All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 4 Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are required to maintain watch as stated in 47 CFR 80.148. 5 In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter. 6 Until rules regarding VTS Lower Mississippi River and VTS Port Arthur are published, vessels are exempted of all VTS and VMRS requirements set forth in 33 CFR part 161, except those set forth in §§ 161.21 and 164.46 of this subchapter. 7 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing arrangements on the designated monitoring frequencies.

(d) As soon as is practicable, a VTS § 161.13 VTS Special Area operating User shall notify the VTS of any of the requirements. following: The following operating require- (1) A marine casualty as defined in 46 ments apply within a VTS Special CFR 4.05–1; Area: (2) Involvement in the ramming of a (a) A VTS User shall, if towing fixed or floating object; astern, do so with as short a hawser as (3) A pollution incident as defined in safety and good seamanship permits. § 151.15 of this chapter; (b) A VMRS User shall: (1) Not enter (4) A defect or discrepancy in an aid or get underway in the area without to navigation; prior approval of the VTS; (5) A hazardous condition as defined (2) Not enter a VTS Special Area if a in § 160.203 of this chapter; hazardous vessel operating condition or (6) Improper operation of vessel circumstance exists; equipment required by Part 164 of this (3) Not meet, cross, or overtake any chapter; other VMRS User in the area without (7) A situation involving hazardous prior approval of the VTS; and materials for which a report is required (4) Before meeting, crossing, or over- by 49 CFR 176.48; and taking any other VMRS User in the (8) A hazardous vessel operating con- area, communicate on the designated dition as defined in § 161.2. vessel bridge-to-bridge radiotelephone [CGD 90–020, 59 FR 36324, July 15, 1994, as frequency, intended navigation move- amended by CGD 95–033, 60 FR 28329, May 31, ments, and any other information nec- 1995; CGD 92–052, 61 FR 45326, Aug. 29, 1996; essary in order to make safe passing USCG–1999–6141, 64 FR 69636, Dec. 14, 1999; arrangements. This requirement does USCG–2003–14757, 68 FR 39364, July 1, 2003; not relieve a vessel of any duty pre- USCG–2003–14757, 68 FR 60569, Oct. 22, 2003; USCG–2004–18057, 69 FR 34926, June 23, 2004; scribed by the International Regula- CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 tions for Prevention of Collisions at FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR Sea, 1972 (72 COLREGS) or the Inland 35016, June 19, 2008] Navigation Rules.

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Subpart B—Vessel Movement (a) Every power-driven vessel of 40 Reporting System meters (approximately 131 feet) or more in length, while navigating; § 161.15 Purpose and intent. (b) Every towing vessel of 8 meters (approximately 26 feet) or more in (a) A Vessel Movement Reporting length, while navigating; or System (VMRS) is a system used to (c) Every vessel certificated to carry monitor and track vessel movements 50 or more passengers for hire, when VTS or VMRS area. This is accom- engaged in trade. plished by requiring that vessels provide information under established pro- [CGD 90–020, 59 FR 36324, July 15, 1994, as cedures as set forth in this part, or as amended by USCG–2003–14757, 68 FR 39366, directed by the Center. July 1, 2003] (b) To avoid imposing an undue re- § 161.17 Definitions. porting burden or unduly congesting radiotelephone frequencies, reports As used in this subpart: shall be limited to information which Center means a Vessel Traffic Center is essential to achieve the objectives of or Vessel Movement Center. the VMRS. These reports are consoli- Published means available in a wide- dated into three reports (sailing plan, ly-distributed and publicly available position, and final). medium (e.g., VTS User’s Manual, ferry schedule, Notice to Mariners). [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by USCG–2003–14757, 68 FR 39366, [USCG–2003–14757, 68 FR 39366, July 1, 2003] July 1, 2003] § 161.18 Reporting requirements. § 161.16 Applicability. (a) A Center may: (1) Direct a vessel Unless otherwise stated, the provi- to provide any of the information set sions of this subpart apply to the fol- forth in Table 161.18(a) (IMO Standard lowing vessels and VMRS Users: Ship Reporting System);

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

A ALPHA ...... Ship ...... Name, call sign or ship station identity, and flag. B BRAVO ...... Dates and time of event A 6 digit group giving day of month (first two digits), hours and minutes (last four digits). If other than UTC state time zone used. C CHARLIE ...... Position ...... A 4 digit group giving latitude in degrees and minutes suffixed with N (north) or S (south) and a 5 digit group giving longitude in degrees and minutes suffixed with E (east) or W (west); or. D DELTA ...... Position ...... True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state landmark). E ECHO ...... True course ...... A 3 digit group. F FOXTROT ...... Speed in knots and A 3 digit group. tenths of knots. G GOLF ...... Port of Departure ...... Name of last port of call. H HOTEL ...... Date, time and point of Entry time expressed as in (B) and into the entry system. entry position expressed as in (C) or (D). I INDIA ...... Destination and ex- Name of port and date time group expressed pected time of arrival. as in (B). J JULIET ...... Pilot ...... State whether a deep sea or local pilot is on board. K KILO ...... Date, time and point of Exit time expressed as in (B) and exit position exit from system. expressed as in (C) or (D). L LIMA ...... Route information ...... Intended track. M MIKE ...... Radio ...... State in full names of communications stations/ frequencies guarded. N NOVEMBER ...... Time of next report ...... Date time group expressed as in (B).

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

O OSCAR ...... Maximum present static 4 digit group giving meters and centimeters. draught in meters. P PAPA ...... Cargo on board ...... Cargo and brief details of any dangerous cargoes as well as harmful substances and gases that could endanger persons or the environment. Q QUEBEC ...... Defects, damage, defi- Brief detail of defects, damage, deficiencies or ciencies or limitations. other limitations. R ROMEO ...... Description of pollution Brief details of type of pollution (oil, chemicals, or dangerous goods etc) or dangerous goods lost overboard; posi- lost. tion expressed as in (C) or (D). S SIERRA ...... Weather conditions ...... Brief details of weather and sea conditions prevailing. T TANGO ...... Ship’s representative Details of name and particulars of ship’s rep- and/or owner. resentative and/or owner for provision of information. U UNIFORM ...... Ship size and type ...... Details of length, breadth, tonnage, and type, etc., as required. V VICTOR ...... Medical personnel ...... Doctor, physician’s assistant, nurse, no medic. W WHISKEY ...... Total number of per- State number. sons on board. X XRAY ...... Miscellaneous ...... Any other information as appropriate. [i.e., a detailed description of a planned operation, which may include: its duration; effective area; any restrictions to navigation; notification procedures for approaching vessels; in addition, for a towing operation: configuration, length of the tow, available horsepower, etc.; for a dredge or floating plant: configuration of pipeline, mooring configuration, number of assist vessels, etc.].

(2) Establish other means of report- Bridge-to-Bridge Radiotelephone Act and ing for those vessels unable to report participating in a Vessel Traffic Service on the designated frequency; or (VTS) system when the watch is maintained (3) Require reports from a vessel in on both the vessel bridge-to-bridge frequency and a designated VTS frequency. sufficient time to allow advance vessel traffic planning. (d) A vessel must report: (b) All reports required by this part (1) Any significant deviation from its shall be made as soon as is practicable Sailing Plan, as defined in § 161.19, or on the frequency designated in Table from previously reported information; 161.12(c) (VTS and VMRS Centers, Call or Signs/MMSI, Designated Frequencies, (2) Any intention to deviate from a and Monitoring Areas). VTS issued measure or vessel traffic (c) When not exchanging communica- routing system. tions, a VMRS User must maintain a (e) When reports required by this listening watch as described in § 26.04(e) part include time information, such in- of this chapter on the frequency des- formation shall be given using the ignated in Table 161.12(c) (VTS and local time zone in effect and the 24- VMRS Centers, Call Signs/MMSI, Des- hour military clock system. ignated Frequencies, and Monitoring [CGD 90–020, 59 FR 36324, July 15, 1994, as Areas). In addition, the VMRS User amended by USCG–2003–14757, 68 FR 39366, must respond promptly when hailed July 1, 2003] and communicate in the English language. § 161.19 Sailing Plan (SP).

NOTE: As stated in 47 CFR 80.148(b), a VHF Unless otherwise stated, at least 15 watch on Channel 16 (156.800 MHz) is not re- minutes before navigating a VTS area, quired on vessels subject to the Vessel a vessel must report the:

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(a) Vessel name and type; (2) Vessels operating within an area (b) Position; of a radius of three nautical miles or (c) Destination and ETA; less; or (d) Intended route; (3) Vessels escorting another vessel (e) Time and point of entry; and or assisting another vessel in maneu- (f) Dangerous cargo on board or in its vering procedures. tow, as defined in § 160.203 of this chap- (b) A vessel described in paragraph ter, and other required information as (a) of this section must: set out in § 160.211 and § 160.213 of this (1) Provide a Sailing Plan at least 5 chapter, if applicable. minutes but not more than 15 minutes before navigating within the VMRS § 161.20 Position Report (PR). area; and (2) If it departs from its promulgated A vessel must report its name and schedule by more than 15 minutes or position: changes its limited operating area, (a) Upon point of entry into a VMRS make the established VMRS reports, or area; report as directed. (b) At designated reporting points as set forth in subpart C; or [CGD 90–020, 59 FR 36324, July 15, 1994, as (c) When directed by the Center. amended by CGD 97–023, 62 FR 33364, June 19, 1997; USCG–2003–14757, 68 FR 39367, July 1, [CGD 90–020, 59 FR 36324, July 15, 1994, as 2003] amended by USCG–2003–14757, 68 FR 39366, July 1, 2003] Subpart C—Vessel Traffic Service § 161.21 Automated reporting. and Vessel Movement Report- (a) Unless otherwise directed, vessels ing System Areas and Report- equipped with an Automatic Identifica- ing Points tion System (AIS) are required to NOTE: All geographic coordinates con- make continuous, all stations, AIS tained in part 161 (latitude and longitude) broadcasts, in lieu of voice Position are expressed in North American Datum of Reports, to those Centers denoted in 1983 (NAD 83). Table 161.12(c) of this part. (b) Should an AIS become non-oper- § 161.25 Vessel Traffic Service New ational, while or prior to navigating a York Area. VMRS area, it should be restored to op- The area consists of the navigable erating condition as soon as possible, waters of the Lower New York Harbor and, until restored a vessel must: bounded on the east by a line drawn (1) Notify the Center; from Norton Point to Breezy Point; on (2) Make voice radio Position Reports the south by a line connecting the en- at designated reporting points as re- trance buoys at the Ambrose Channel, quired by § 161.20(b) of this part; and Swash Channel, and Sandy Hook Chan- (3) Make any other reports as di- nel to Sandy Hook Point; and on the rected by the Center. southeast including the waters of Sandy Hook Bay south to a line drawn [USCG–2003–14757, 68 FR 39366, July 1, 2003] at latitude 40°25′ N.; then west into wa- § 161.22 Final Report (FR). ters of the Raritan Bay to the Raritan River Rail Road Bridge; and then north A vessel must report its name and including the waters of the Arthur Kill position: and Newark Bay to the Lehigh Valley (a) On arrival at its destination; or Draw Bridge at latitude 40°41.9′ N.; and (b) When leaving a VTS area. then east including the waters of the Kill Van Kull and Upper New York Bay § 161.23 Reporting exemptions. north to a line drawn east-west from (a) Unless otherwise directed, the fol- the Holland Tunnel Ventilator Shaft at lowing vessels are exempted from pro- latitude 40°43.7′ N., longitude 74°01.6′ W. viding Position and Final Reports due in the Hudson River; and then con- to the nature of their operation: tinuing east including the waters of (1) Vessels on a published schedule the East River to the Throgs Neck and route; Bridge, excluding the Harlem River.

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NOTE: Although mandatory participation (b) Precautionary areas. in VTSNY is limited to the area within the navigable waters of the United States, TABLE 161.35(B)—VTS HOUSTON/GALVESTON VTSNY will provide services beyond those PRECAUTIONARY AREAS waters. Prospective users are encouraged to report beyond the area of required participa- Center point tion in order to facilitate advance vessel Precautionary Radius area name (yds.) traffic management in the VTS area and to Latitude Longitude receive VTSNY advisories and/or assistance. Bolivar Roads 4000 29°20.9′ N 94°47.0′ W [CGD 92–052, 61 FR 45327, Aug. 29, 1996] Red Fish Bar 4000 29°29.8′ N 94°51.9′ W Bayport Chan- 4000 29°36.7′ N 94°57.2′ W § 161.30 Vessel Traffic Service Louis- nel. ville. Morgans Point 2000 29°41.0′ N 94°59.0′ W Upper San 1000 29°42.3′ N 95°01.1′ W The VTS area consists of the navi- Jacinto Bay. gable waters of the Ohio River between Baytown ...... 1000 29°43.6′ N 95°01.4′ W McAlpine Locks (Mile 606.8) and Lynchburg ...... 1000 29°45.8′ N 95°04.8′ W Twelve Mile Island (Mile 593), only Carpenters 1000 29°45.3′ N 95°05.6′ W when the McAlpine upper pool gauge is Bayou. ° ′ ° ′ at 13.0 feet or above. Jacintoport ..... 1000 29 44.8 N 95 06.0 W Greens Bayou 1000 29°44.8′ N 95°10.2′ W [CGD 90–020, 59 FR 36324, July 15, 1994, as Hunting Bayou 1000 29°44.3′ N 95°12.1′ W amended by USCG–1998–3799, 63 FR 35531, Sims Bayou ... 1000 29°43.2′ N 95°14.4′ W June 30, 1998] Brady Island .. 1000 29°43.5′ N 95°16.4′ W Buffalo Bayou 1000 29°45.0′ N 95°17.3′ W

§ 161.35 Vessel Traffic Service Hous- NOTE: Each Precautionary Area encompasses a circular ton/Galveston. area of the radius denoted. (a) The VTS area consists of the fol- (c) Reporting points. lowing major waterways and portions of connecting waterways: Galveston Bay Entrance Channel; Outer Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston Channel; Gulf ICW and Galveston-Freeport Cut- Off from Mile 346 to Mile 352; Texas City Channel; Texas City Turning Basin; Texas City Canal Channel; Texas City Canal Turning Basin; Hous- ton Ship Channel; Bayport Channel; Bayport Turning Basin; Houston Turn- ing Basin; and the following precautionary areas associated with these waterways.

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′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ 18.2 20.6 21.4 20.2 22.4 23.8 30.3 36.8 34.7 43.5 45.8 44.1 44.8 44.4 43.5 45.0 22.2 22.5 41.0 43.2 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° OINTS 29 29 29 P EPORTING R ALVESTON /G OUSTON 161.35(C)—VTS H ABLE T Buoy (LB) ‘‘1C’’. and 12. and 26. Houston Ship Channel (HSC) LB 25 Geographic name Geographic description Latitude/ longitude Notes section. nator Desig- 1 ...... Galveston Bay Entrance Channel 2 Galveston ...... Bay Entrance CH Channel Entrance Bay Galveston Lighted Galveston Bay Entrance Channel LB 11 E ...... Bolivar Land Cut ...... W ...... Mile 349 Intracoastal Waterway (ICW) .. Pelican Cut ...... G ...... Mile 351 ICWT ...... Galveston Harbor ...... X Texas City Channel ...... Galveston Channel Lt. 2 ...... Houston Ship Channel ICW Inter- Texas City Channel Lt. 12 ...... 3 ...... 4 Lower Galveston Bay ...... P Red Fish Bar ...... HSC Lt. 31 and LB 32 ...... 4A ...... Bayport Ship Channel HSC Lt. 53 & 54 ...... 5 Upper Galveston Bay ...... Bayport Ship Channel Lt. 8 and 96 ...... Morgan’s Point ...... HSC Lt. 69 and 70 ...... 7 Exxon ...... HSC Lt. 918 ...... Lynchburg ...... HSC Lt. 109A ...... 9 Shell Oil ...... Ferry crossing ...... 10 ...... Greens Bayou ...... Boggy Bayou ...... 11 Hunting Bayou 29 ...... HSC Lt. 15212 ...... Lyondell ...... Hunting Bayou Turning Basin...... 13 I–610 Bridge ...... 29 Sims Bayou Turning Basin...... Buffalo Bayou I–610 Bridge ...... 29 Houston Turning Basin ...... 29 29 29 29 29 29 29 29 29 29 29 29 29 29 [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 28331, May 31, 1995; USCG–2000–7223, 65 40058, June USCG–2007–27887, 72 FR 45904, Aug. 16, 2007]

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§ 161.40 Vessel Traffic Service Berwick Bayou Shaffer Junction (ICW Mile Bay. Marker 94.5 WHL) south one statute (a) The VTS area consists of the nav- mile along Bayou Shaffer; and from igable waters of the following segments Berwick Lock northwest one statute of waterways: the Intracoastal Water- mile along the Lower Atchafalaya way (ICW) Morgan City to Port Allen River. Alternate Route from Mile Marker 0 to (b) VTS Special Area. The Berwick Mile Marker 5; the ICW from Mile Bay VTS Special Area consists of those Marker 93 west of Harvey Lock (WHL) waters within a 1000 yard radius of the to Mile Marker 102 WHL; the Southern Pacific Railroad Bridge lo- Atchafalaya River Route from Mile cated at Mile .03 MC/PA. Marker 113 to Mile Marker 122; from (c) Reporting Points.

TABLE 161.40(c)—VTS BERWICK BAY REPORTING POINTS

Latitude/lon- Designator Geographic name Geographic description gitude Notes

1 ...... Stouts Pass ...... Stouts Point Light ‘‘1’’ Mile 29°43′47″ N 113–Atchafalaya River. 91°13′25″ W 2 ...... Berwick Lock ...... Mile 1.9 MC/PA ...... 29°43′10″ N If transiting the Lock. 91°13′28″ W 3 ...... Conrad’s Point Junction ..... Buoy ‘‘1’’ Mile 1.5 MC/PA .. 29°42′32″ N 91°13′14″ W 4 ...... Swift Ships Flat Lake Junc- Mile 3 MC/PA ...... 29°43′26″ N tion. 91°12′22″ W 5 ...... South Pacific Railroad Mile 0.3 MC/PA ...... 29°41′34″ N Bridge. 91°12′44″ W 6 ...... 20 Grant Point Junction ..... Bayou Boeuf-Atchafalaya 29°41′18″ N R. Mile 95.5 ICW. 91°12′36″ W 7 ...... ICW ...... Overhead Power Cable 29°40′43″ N Mile 96.5 ICW. 91°13′18″ W 8 ...... Wax Bayou Junction ...... Light ‘‘A’’ Mile 98.2W ICW 29°39′29″ N 91°14′46″ W 9 ...... Shaffer Junction ...... ICW-Bayou Shaffer Mile 29°41′10″ N 94.5 ICW. 91°11′38″ W

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28332, May 31, 1995; USCG–1998–3799, 63 FR 35531, June 30, 1998]

§ 161.45 Vessel Traffic Service St. 46°38.7′ N. (Ile Parisienne Light) to the Marys River. north, except the waters of the St. Marys Falls Canal, and to the east (a) The VTS area consists of the nav- along a line from La Pointe to Sims igable waters of the St. Marys River ° ′ Point, within Potagannissing Bay and and lower Whitefish Bay from 45 57 N. Worsley Bay. (De Tour Reef Light) to the south, to (b) Reporting Points.

TABLE 161.45(b)—VTS ST. MARYS RIVER REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude Notes

1 ...... Ile Parisienne ...... Ile Parisienne Light ...... 46°37.3′ N; 84°45.9′ W ... Downbound Only. 2 ...... Gros Cap Reef ...... Gros Cap Reefs Light ...... 46°30.6′ N; 84°37.1′ W ... Upbound Only. 3 ...... Round Island ...... Round Island Light 32 ...... 46°26.9′ N; 84°31.7′W. 4 ...... Pointe Louise ...... Pointe Louise Light ...... 46°27.8′ N; 84°28.2′W. 5* ...... West End of Locks ...... West Center Pierhead Light 46°30.2′ N; 84°22.2′ W ... Upbound Only. 6 ...... East End of Locks ...... East Center Pierhead Light .. 46°30.1′ N; 84°20.3′ W ... Downbound Only. 7 ...... Mission Point ...... Light 99 ...... 46°29.2′ N; 84°18.1′W. 8 ...... Six Mile Point ...... Six Mile Point ...... 46°26.1′ N; 84°15.4′W. 9 ...... Ninemile Point ...... Light 80 ...... 46°23.5′ N; 84°14.1′W. 10 ...... West Neebish Channel ...... Light 29 ...... 46°16.9′ N; 84°12.5′ W ... Downbound Only. 11 ...... Munuscong Lake Junction ... Lighted Junction Buoy ...... 46°10.8′ N; 84°05.6′W. 12 ...... De Tour Reef ...... De Tour Reef Light ...... 46°56.9′ N; 83°53.7′ W.

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28332, May 31, 1995; USCG–1998–3799, 63 FR 35531, June 30, 1998]

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§ 161.50 Vessel Traffic Service San Georgia Strait, the Gulf and San Juan Francisco. Archipelagos, Rosario Strait, Boundary The VTS area consists of all the nav- Pass and Haro Strait, bounded on the igable waters of San Francisco Bay Re- northwest by 48°35′45″ N.; and on the gion south of the Mare Island Cause- southwest by 48°23′30″ N.; and on the way Bridge and the Petaluma River west by the rhumb line joining 48°35′45″ Entrance Channel Daybeacon 19 and N., 124°47′30″ W. with 48°23′30″ N., Petaluma River Entrace Channel Light 124°48′37″ W.; and on the northeast in 20 and north of the Dumbarton Bridge; the Strait of Georgia, by a line drawn its seaward approaches within a 38 nau- along 49° N. from Vancouver Island to tical mile radius of Mount Tamalpais Semiahmoo Bay; and on the southeast, (37–55.8′ N., 122–34.6′ W.); and its navi- by a line drawn from McCurdy Point on gable tributaries as far east as the port the Quimper Peninsula to Point Par- of Stockton on the San Joaquin River, tridge on Whidbey Island. Canadian as far north as the port of Sacramento and United States Vessel Traffic Cen- on the Sacramento River. ters (Tofino, B.C., Canada, Vancouver, BC, Canada and Seattle, WA) manage [CGD 90–020, 59 FR 36324, July 15, 1994, as traffic within the CVTS area irrespec- amended by CGD 95–033, 60 FR 28332, May 31, 1995] tive of the International Boundary. (b) VTS Special Areas. (1) The § 161.55 Vessel Traffic Service Puget Rosario Strait VTS Special Area con- Sound and the Cooperative Vessel sists of those waters bounded to the Traffic Service for the Juan de south by the center of Precautionary Fuca Region. Area ‘‘RB’’ (a circular area of 2,500 The Vessel Traffic Service Puget yards radius centered at 48°26′24″ N., Sound area consists of the navigable 122°45′12″ W.), and to the north by the waters of the United States bounded by center of Precautionary Area ‘‘C’’ (a a line drawn from the Washington circular area of 2,500 yards radius cen- State coastline at 48°23′08″ N., 124°43′37″ tered at 48°40′34″ N., 122°42′44″ W.; Light- W. on Cape Flattery to the Cape Flat- ed Buoy ‘‘C’’); and tery Light at 48°23′30″ N., 124°44′12″ W. NOTE: The center of precautionary area on Tatoosh Island, due west to the U.S. ‘‘RB’’ is not marked by a buoy. All pre- Territorial Sea Boundary; thence cautionary areas are depicted on National northward along the U.S. Territorial Oceanic and Atmospheric Administration Sea Boundary to its intersection with (NOAA) nautical charts. the U.S./Canada International Bound- (2) The Guemes Channel VTS Special ary; thence east along the U.S./Canada Area consists of those waters bounded International Boundary through the to the west by Shannon Point on waters known as the Strait of Juan de Fidalgo Island and to the east by Fuca, Haro Strait, Boundary Pass, and Southeast Point on Guemes Island. the Strait of Georgia to the Wash- (c) Additional VTS Special Area Op- ington State coastline at 49°00′06″ N., erating Requirements. The following 122°45′18″ W. (International Boundary additional requirements are applicable Range C Rear Light). This area in- in the Rosario Strait and Guemes cludes: Puget Sound, Hood Canal, Pos- Channel VTS Special Areas: session Sound, the San Juan Island Ar- (1) A vessel engaged in towing shall chipelago, Rosario Strait, Guemes not impede the passage of a vessel of Channel, Bellingham Bay, the U.S. wa- 40,000 dead weight tons or more. ters of the Strait of Juan de Fuca and (2) A vessel of less than 40,000 dead the Strait of Georgia, and all waters weight tons is exempt from the provi- adjacent to the above. sion set forth in § 161.13(b)(1) of this (a) Vessel Traffic Service Puget part. Sound participates in a U.S./Canadian (3) A vessel of less than 100 meters in Cooperative Vessel Traffic Service length is exempt from the provisions (CVTS) to jointly manage vessel traffic set forth in § 161.13(b)(3) of this part. in the Juan de Fuca Region. The CVTS Approval will not be granted for: for the Juan de Fuca Region consists of (i) A vessel of 100 meters or more in all waters of the Strait of Juan de Fuca length to meet or overtake; or cross or and its offshore approaches, southern operate within 2,000 yards (except when

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

TABLE 161.60(D)—VTS PRINCE WILLIAM SOUND REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude Notes

1A ...... Cape Hinchinbrook ...... Cape Hinchinbrook ...... 60°16′18″ N; 146°45′30″ W .. Northbound Only. 1B ...... Schooner Rock ...... Schooner Rock ...... 60°18′42″ N; 146°51′36″ W .. Southbound Only. 2A ...... Naked Island ...... Naked Island ...... 60°40′00″ N; 147°01′24″ W .. Northbound Only. 2B ...... Naked Island ...... Naked Island ...... 60°40′00″ N; 147°05′00″ W .. Southbound Only. 3A ...... Bligh Reef ...... Bligh Reef Light (Pilot Embark) ...... 60°50′36″ N; 146°57′30″ W .. Northbound Only. 3B ...... Bligh Reef ...... Bligh Reef Light (Pilot Disembark) 60°51′00″ N; 147°01′24″ W .. Southbound Only. 4A ...... Rocky Point ...... Rocky Point ...... 60°57′48″ N; 146°47′30″ W .. Northbound Only. 4B ...... Rocky Point ...... Rocky Point ...... 60°57′48″ N; 146°50′00″ W .. Southbound Only. 5 ...... Entrance Island ...... Entrance Island Light ...... 61°05′24″ N; 146°37′30″ W..

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28332, May 31, 1995; USCG–1998–3799, 63 FR 35532, June 30, 1998; USCG–2001–10254, 67 FR 53742, Aug. 19, 2002]

PART 162—INLAND WATERWAYS 162.20 Flushing Bay near La Guardia Air- port, Flushing, N.Y.; restricted area. NAVIGATION REGULATIONS 162.30 Channel of Tuckerton Creek, N.J.; navigation. Sec. 162.35 Channel of Christina River, Del.; 162.1 General. navigation. 162.15 Manhasset Bay, N.Y.; seaplane restricted area.

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162.40 Inland waterway from Delaware 162.220 Hoover Dam, Lake Mead, and Lake River to Chesapeake Bay, Del. and Md. Mohave (Colorado River), Ariz.-Nev. (Chesapeake and Delaware Canal). 162.225 Columbia and Willamette Rivers, 162.65 All waterways tributary to the Atlan- Washington and Oregon; administration tic Ocean south of Chesapeake Bay and and navigation. all waterways tributary to the Gulf of 162.230 Columbia River, Wash. Mexico east and south of St. Marks, Fla. 162.235 Puget Sound Area, Wash. 162.75 All waterways tributary to the Gulf 162.240 Tongass Narrows, Alaska; naviga- of Mexico (except the Mississippi River, tion. its tributaries, South and Southwest 162.245 Kenai River, Kenai, Alaska; use, ad- Passes and the Atchafalaya River) from ministration, and navigation. St. Marks, Fla., to the Rio Grande. 162.250 Port Alexander, Alaska; speed of 162.80 Mississippi River below mouth of vessels. Ohio River, including South and South- 162.255 Wrangell Narrows, Alaska; use, ad- west Passes. ministration, and navigation. 162.85 Yazoo Diversion Canal, Vicksburg, 162.260 Channel leading to San Juan Harbor, Miss., from its mouth at Kleinston Land- P.R.; use, administration, and naviga- ing to Fisher Street; navigation. tion. 162.90 White River, Arkansas Post Canal, 162.270 Restricted areas in vicinity of Mari- Arkansas River, and Verdigris River be- time Administration Reserve Fleets. tween Mississippi River, Ark., and Catoosa, Okla.; use, administration, and AUTHORITY: 33 U.S.C. 1231; Department of navigation. Homeland Security Delegation No. 0170.1, 162.100 Ohio River at Louisville, KY. para. 2(70). 162.105 Missouri River; administration and SOURCE: CGD 75–082, 42 FR 51759, Sept. 29, navigation. 1977, unless otherwise noted. 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. 162.115 Keweenaw Waterway, Mich. § 162.1 General. 162.117 St. Marys River, Sault Ste. Marie, Geographic coordinates expressed in Michigan. terms of latitude or longitude, or both, 162.120 Harbors on Lake Michigan. are not intended for plotting on maps 162.125 Sturgeon Bay and the Sturgeon Bay or charts whose referenced horizontal Ship Canal, Wisc. 162.130 Connecting waters from Lake Huron datum is the North American Datum of to Lake Erie; general rules. 1983 (NAD 83), unless such geographic 162.132 Connecting waters from Lake Huron coordinates are expressly labeled NAD to Lake Erie; communications rules. 83. Geographic coordinates without the 162.134 Connecting waters from Lake Huron NAD 83 reference may be plotted on to Lake Erie; traffic rules. maps or charts referenced to NAD 83 162.136 Connecting waters from Lake Huron only after application of the appro- to Lake Erie; anchorage grounds. 162.138 Connecting waters from Lake Huron priate corrections that are published to Lake Erie; speed rules. on the particular map or chart being 162.140 Connecting waters from Lake Huron used. to Lake Erie; miscellaneous rules. 162.145 Monroe Harbor, Mich. [CGD 86–082, 52 FR 33811, Sept. 8, 1987] 162.150 Maumee Bay and River, Ohio. 162.155 Sandusky and Huron Harbors, Ohio. § 162.15 Manhasset Bay, N.Y.; seaplane 162.160 Vermilion, Lorain, Cleveland, restricted area. Fairport, Ashtabula, and Conneaut Har- (a) The restricted area. An area in bors, Ohio. Manhasset Bay between the shore at 162.165 Buffalo and Rochester Harbors, New Manorhaven on the north and the York. 162.175 Black Rock Canal and Lock at Buf- southerly limit line of the special an- falo, New York. chorage area in Manhasset Bay, west 162.195 Santa Monica Bay, Calif.; restricted area at Manorhaven (described in area. § 110.60 of this chapter), on the south; 162.200 Marina del Ray, Calif.; restricted its axis being a line bearing 166°50′ true area. from latitude 40°50′17.337 N, longitude 162.205 Suisun Bay, San Joaquin River Sac- 73°43′03.877 W, which point is on the ramento River, and connecting waters, south side of Orchard Beach Boulevard CA. 162.210 Lake Tahoe, Calif.; restricted areas at Manorhaven; and being 100 feet wide along south shore. for a distance of 380 feet in a southerly 162.215 Lake Tahoe, Nev.; restricted area direction from the south side of Or- adjacent to Nevada Beach. chard Beach Boulevard, and thence

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flaring to a width of 300 feet at the cluding pleasure craft, are required to southerly limit line. travel at all times at a safe speed (b) The regulations. (1) Vessels shall throughout the canal and its ap- not anchor or moor within the re- proaches so as to avoid damage by suc- stricted area. tion or wave wash to wharves, land- (2) All vessels traversing the area ings, riprap protection, or other boats, shall pass directly through without un- or injury to persons. Pilots and vessel necessary delay, and shall give sea- operators transiting the canal and its planes the right-of-way at all times. approaches are warned that violation of this rule may result in having their [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as privilege to transit the canal sus- amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] pended. Passages of vessels through the canal will be monitored and specific § 162.20 Flushing Bay near La Guardia cases will be investigated where dam- Airport, Flushing, N.Y.; restricted age by suction or wave wash does area. occur. Owners and operators of yachts, (a) The area. An area in the main motorboats, rowboats and other craft channel in Flushing Bay extending for are cautioned that large deep draft a distance of 300 feet on either side of ocean-going vessels and other large the extended center line of Runway No. commercial vessels ply the canal, and 13–31 at La Guardia Airport. such owners and operators should be (b) The regulations. (1) All vessels tra- particularly careful to moor or anchor versing in the area shall pass directly well away from the main ship channels, through without unnecessary delay. with moorings and lines which are sufficient and proper. (2) No vessels having a height of more (c) Right-of-way. All vessels pro- than 35 feet with reference to the plane ceeding with the current shall have the of mean high water shall enter or pass right-of-way over those proceeding through the area whenever visibility is against the current. Large vessels or less than one mile. tows must not overtake and attempt to § 162.30 Channel of Tuckerton Creek, pass other large vessels or tows in the N.J.; navigation. waterway. All small pleasure craft shall relinquish the right-of-way to (a) Power boats or other vessels pro- deeper draft vessels, which have a lim- pelled by machinery shall not proceed ited maneuvering ability due to their at any time within the limits of these draft and size. waters at a greater speed than 8 stat- (d) Stopping in waterway. Vessels will ute miles per hour. not be permitted to stop or anchor in § 162.35 Channel of Christina River, the ship channel. Del.; navigation. (e) Water skiing. Water skiing in the waterway is prohibited between Reedy (a) That vessels of over 20 tons capac- Point and Welch Point. ity, propelled by machinery, shall not (f) Sailboats. Transiting the canal by proceed at any time within the limits vessels under sail is not permitted be- of these waters at a greater speed than tween Reedy Point and Welch Point. 8 statute miles per hour. NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR § 162.40 Inland waterway from Dela- Part 207. ware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware § 162.65 All waterways tributary to the Canal). Atlantic Ocean south of Chesapeake (a) Applicability. The regulations in Bay and all waterways tributary to this section are applicable to that part the Gulf of Mexico east and south of of the inland waterway from Delaware St. Marks, Fla. River to Chesapeake Bay, Del. and Md., (a) Description. This section applies to between Reedy Point, Delaware River, the following: and Old Town Point Wharf, Elk River. (1) Waterways. All navigable waters of (b) Speed. No vessel in the waterway the United States, natural or artificial, shall be raced or crowded alongside an- including bays, lakes, sounds, rivers, other vessel. Vessels of all types, in- creeks, intracoastal waterways, as well

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as canals and channels of all types, the tow shall be as close together as which are tributary to or connected by possible. In narrow sections, no vessel other waterways with the Atlantic or raft shall be tied abreast of another. Ocean south of Chesapeake Bay or with (iv) Lights shall be displayed in ac- the Gulf of Mexico east and south of cordance with provisions of the Naviga- St. Marks, Florida. tion Rules, International-Inland, Com- (2) United States property. All river mandant Instruction M16672.2 (series). and harbor lands owned by the United (v) No vessel, even if fastened to the States in or along the waterways de- bank as prescribed in paragraph scribed in paragraph (a)(1) of this para- (b)(2)(i) of this section, shall be left graph, including lock sites and all without a sufficient crew to care for it structures thereon, other sites for Gov- properly. ernment structures and for the accom- (vi) Vessels will not be permitted to modation and use of employees of the load or unload in any of the land cuts United States, and rights of way and except as a regular established landing spoil disposal areas to the extent of or wharf without written permission Federal interest therein. secured in advance from the District (3) Vessels and rafts. The term ‘‘ves- Commander. sel’’ as used in this section includes all (vii) No vessel, regardless of size, floating things moved over these wa- shall anchor in a dredged channel or terways other than rafts. narrow portion of a waterway for the (b) Waterways—(1) Fairway. A clear purpose of fishing, if navigation is ob- channel shall at all times be left open to permit free and unobstructed navi- structed, thereby. gation by all types of vessels and rafts (viii) Except in cases of emergency that normally use the various water- the dropping of anchors, weights, or ways or sections thereof. The District other ground tackle, within areas occu- Commander may specify the width of pied by submarine cable or pipe cross- the fairway required in the various wa- ings, is prohibited. Such crossings will terways under his charge. ordinarily be marked by signboards on (2) Stoppage in waterway, anchorage or each bank of the shore or indicated on mooring. (i) No vessels or rafts shall an- coast charts. chor or moor in any of the land cuts or (3) Speed. (i) Vessels shall proceed at other narrow parts of the waterway, a speed which will not endanger other except in case of an emergency. When- vessels or structures and will not inter- ever it becomes necessary for a vessel fere with any work in progress incident or raft to stop in any such portions of to maintaining, improving, surveying the waterway it shall be securely fas- or marking the channel. tened to one bank and as close to the (ii) Official signs indicating limiting bank as possible. This shall be done speeds through critical portions of the only at such a place and under such waterways shall be strictly obeyed. conditions as will not obstruct or pre- (iii) Vessels approaching and passing vent the passage of other vessels or through a bridge shall so govern their craft. Stoppages shall be only for such speed as to insure passage through the periods as may be necessary. bridge without damage to the bridge or (ii) No vessel or raft will be allowed its fenders. to use any portion of the fairway as a (4) Assembly and handling of tows. (i) mooring place except temporarily as All vessels drawing tows and equipped authorized above without the written with rudders shall use two tow lines or permission from the District Com- a bridle and shorten them to the great- mander. est possible extent so as to have full (iii) When tied up, all vessels must be control at all times. The various parts moored by bow and stern lines. Rafts of a tow shall be securely assembled and tows shall be secured at suffi- with the individual units connected by ciently close intervals to insure their lines as short as practicable. If nec- not being drawn away from the bank essary, as in the case of lengthy or by winds, currents or the suction of cumbersome tows or tows in restricted passing vessels. Tow lines shall be channels, the District Commander may shortened so that the different parts of require that tows be broken up and

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may require the installation of a rud- NOTE: The Corps of Engineers also has reg- der, drag or other approved steering de- ulations dealing with this section in 33 CFR vice on the tow in order to avoid ob- Part 207. structing navigation or damaging the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as property of others, including aids to amended by CGD 93–072, 59 FR 39963, Aug. 5, navigation maintained by the United 1994; USCG–2000–7223, 65 FR 40058, June 29, 2000] States or under its authorization, by collision or otherwise. § 162.75 All waterways tributary to the (ii) No tow shall be drawn by a vessel Gulf of Mexico (except the Mis- that has insufficient power or crew to sissippi River, its tributaries, South permit ready maneuverability and safe and Southwest Passes and Atchafalaya River) from St. Marks, handling. Fla., to the Rio Grande. (iii) Tows desiring to pass a bridge (a) The regulations in this section shall approach the opening along the shall apply to: axis of the channel so as to pass (1) Waterways. All navigable waters of through without danger of striking the the U.S. tributary to or connected by bridge or its fenders. No vessel or tow other waterways with the Gulf of Mex- shall navigate through a drawbridge ico between St. Marks, Fla., and the until the movable span is fully opened. Rio Grande, Tex. (both inclusive), and (iv) In the event that it is evident to the Gulf Intracoastal Waterway; except the master of a towing vessel that a the Mississippi River, its tributaries, tow cannot be safely handled through a South and Southwest Passes, and the bridge, it will be brought to anchor and Atchafalaya River above its junction the towed vessels will be taken through with the Morgan City-Port Allen the bridge in small units, or singly if Route. necessary, or the tow will wait until (2) Bridges, wharves, and other struc- navigation conditions have improved tures. All bridges, wharves, and other to such an extent that the tow can pass structures in or over these waterways. through the bridge without damage. (3) Vessels. The term ‘‘vessels’’ as (5) Projections from vessels. No vessel used in this section includes all float- carrying a deck load which overhangs ing craft other than rafts. (b) Waterways: or projects over the side of said vessel, (1) A clear channel shall at all times or whose rigging projects over the side be left open to permit free and unob- of the vessel so as to endanger passing structed navigation by all types of ves- vessels, wharves or other property, will sels and tows normally using the var- enter or pass through any of the nar- ious waterways covered by the regula- row parts of the waterway. tions of this section (6) Meeting and passing. Vessels, on (2) Fairway: The District Commander meeting or overtaking, shall give the may specify the width of the fairway proper signals and pass in accordance required in the various waterways with the Navigation Rules, Inter- under his charge. national-Inland, Commandant Instruc- (3) Anchoring or mooring: tion M16672.2 (series). Rafts shall give (i) Vessels or tows shall not anchor to vessels the side demanded by proper or moor in any of the land cuts or signal. All vessels approaching dredges other narrow parts of the waterway, or other plant engaged on improve- except in an emergency, or with per- ments to a waterway, shall give the mission of the District Commander. signal for passing and slow down suffi- Whenever it becomes necessary for a ciently to stop if so ordered or if no an- vessel or tow to stop in any such por- swering signal is received. On receiving tions of the waterway, it shall be se- the answering signal, they shall then curely fastened to one bank and as close to the bank as possible. This shall proceed to pass at a speed sufficiently be done only at such a place and under slow to insure safe navigation. such conditions as will not obstruct or prevent the passage of other vessels or tows. Stoppages shall be only for such periods as may be necessary.

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(ii) When tied up individually, all ment. In addition, the following excep- vessels and tows shall be moored by tions are allowed: bow and stern lines. Tows shall be se- (ii) Gulf Intracoastal Waterway—Be- cured at sufficiently frequent intervals tween mile 6.2 EHL (Inner Harbor Navi- to insure their not being drawn away gation Canal Lock) and mile 33.6 EHL form the bank by winds, currents, or tows of 78 feet in width will be allowed. the suction of passing vessels. Lines (iii) Gulf Intercoastal Waterway—Be- shall be shortened so that the various tween mile 33.6 EHL and the Mobile barges in a tow will be as close to- Bay Ship Channel, tows of 108 feet in gether as possible. width will be allowed if under 750 feet (iii) Lights shall be displayed in ac- in length including the towboat but ex- cordance with provisions of the Naviga- cluding the length of the hawser. tion Rules, International-Inland, Com- (iv) Gulf Intracoastal Waterway—Mo- mandant Instruction M16672.2 (series). bile Bay Ship Channel to St. Marks, (iv) Whenever any vessel or tow is Fla., for tows made up of empty barges moored to the bank (paragraph (b)(3)(i) on the off or shallow side, a width of 75 of this section) at least one crew mem- feet will be allowed. ber shall always remain on board to see (v) All vessels pulling tows not that proper signals are displayed and equipped with rudders in restricted that the vessel or tow is properly channels and land cuts shall use two moored at all times. towlines, or a bridle on one towline, shortened as much as safety of the tow- (v) No vessel, regardless of size, shall ing vessel permits, so as to have max- anchor in a dredged channel or narrow imum control at all times. The various portion of a waterway for the purpose parts of a tow shall be securely assem- of fishing if navigation is obstructed bled with the individual units con- thereby. nected by lines as short as practicable. (4) Speed: Speeding in narrow sec- In open water, the towlines and fas- tions is prohibited. Official signs indi- tenings between barges may be length- cating limited speeds shall be obeyed. ened so as to accommodate the wave Vessels shall reduce speed sufficiently surge. In the case of lengthy or cum- to prevent damage when passing other bersome tows, or tows in restricted vessels or structures in or along the channels, the District Commander may waterway. require that tows be broken up, and (5) Size, assembly, and handling of may require the installation of a rud- tows: der or other approved steering device (i) On waterways 150 feet wide or less, on the tow in order to avoid obstruct- tows which are longer than 1,180 feet, ing navigation or damaging the prop- including the towing vessel, but ex- erty of others. Pushing barges with cluding the length of the hawser, or towing vessel astern, towing barges wider than one-half of the bottom with towing vessel alongside, or push- width of the channel or 55 feet, which- ing and pulling barges with units of the ever is less will not be allowed, except tow made up both ahead and astern of when the District Commander has the towing vessel are permissible pro- given special permission or the water- vided that adequate power is employed way has been exempted from these re- to keep the tows under full control at strictions by the District Commander. all times. No tow shall be drawn by a Before entering any narrow section of vessel that has insufficient power or the Gulf Intracoastal Waterway, tows crew to permit ready maneuverability in excess of one-half the channel width, and safe handling. or 55 feet, will be required to stand by (vi) All tows navigating the Pass until tows which are less than one-half Manchac bridges in Louisiana are lim- the channel width or 55 feet wide have ited to no more than two barges, not to cleared the channel. When passing is exceed a combined tow length of 400 necessary in narrow channels, feet (excluding the towboat). Vessel op- overwidth tows shall yield to the max- erators for tows exceeding these limits imum. Separate permission must be re- must request and receive permission ceived from the District Commander from the COTP New Orleans prior to for each overlength or overwidth move- navigating the bridges. Requests

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should be made by telephoning the to ensure that proper signals are dis- COTP at 504–846–5923. Any decision played and that the vessels are se- made by the COTP is final agency ac- curely and adequately moored. tion. (2) Vessels may be moored any time (6) Projections from vessels: Vessels at facilities constructed in accordance or tows carrying a deck load which with an approved navigation permit or overhangs or projects over the side, or as authorized by the District Com- whose rigging projects over the side, so mander. When so moored, each vessel as to endanger passing vessels, shall have sufficient fastenings to pre- wharves, or other property, shall not vent the vessels from breaking loose by enter or pass through any of the nar- wind, current, wave action, suction row parts of the waterway without from passing vessels or any other prior approval of the District Com- forces which might cause the vessel to mander. break its mooring. The number of ves- (7) Meeting and passing: Passing vessels in one fleet and the width of the sels shall give the proper signals and fleet of vessels tied abreast shall not pass in accordance with the Inter- extend into the fairway or be greater national Rules, the Navigation Rules, than allowed under the permit. International-Inland, Commandant In- (3) Mariners should report imme- struction M16672.2 (Series), where ap- diately by radio or fastest available plicable. At certain intersections where means to the lockmaster at Old River strong currents may be encountered, Lock or to any government patrol or sailing directions may be issued survey boat in the vicinity any emer- through navigation bulletins or signs gency mooring or vessels drifting un- posted on each side of the intersec- controlled within the area described in tions. paragraph (a)(1) of this section. It is NOTE: The Corps of Engineers also has reg- the responsibility and duty of the mas- ulations dealing with this section in 33 CFR ter of a towing vessel releasing or 207. mooring a vessel in this reach of the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as Mississippi River to report such action amended by CGD 78–050, 45 FR 43167, June 26, immediately. 1980; USCG–2000–7223, 65 FR 40058, June 29, (b) Mooring on Mississippi River below 2000; USCG–2008–0179, 73 FR 35016, June 19, Baton Rouge, La., including South and 2008] Southwest Passes. (1) When tied up individually or in fleets, vessels shall be § 162.80 Mississippi River below mouth of Ohio River, including South and moored with sufficient lines and shore Southwest passes. fastenings to insure their remaining in place and withstanding the action of (a) Mooring on the Mississippi River be- winds, currents and the suction of pass- tween miles 311.5 AHP and 340.0 AHP. (1) ing vessels. No vessel or craft shall moor along ei- NOTE: The Corps of Engineers also has reg- ther bank of the Mississippi River be- ulations dealing with this section in 33 CFR tween miles 311.5 AHP and mile 340.0 Part 207. AHP except in case of an emergency, pursuant to an approved navigation (Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. 471); Sec. 6(g)(1)(A) 80 Stat 937, (49 U.S.C. permit, or as authorized by the District 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. Commander. Vessels may be moored 1231); 49 CFR 1.46 (c)(1) and (n)(4)) any place outside the navigation chan- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as nel in this reach in case of an emer- amended by CGD 77–028, 46 FR 49851, Oct. 8, gency and then for only the minimum 1981; CGD8 87–09, 53 FR 15555, May 2, 1988] time required to terminate the emergency. When so moored, all vessels § 162.85 Yazoo Diversion Canal, Vicks- shall be securely tied with bow and burg, Miss., from its mouth at stern lines of sufficient strength and Kleinston Landing to Fisher Street; fastenings to withstand currents, navigation. winds, wave action, suction from pass- (a) Speed. Excessive speeding is pro- ing vessels or any other forces which hibited. A vessel shall reduce its speed might cause the vessels to break their sufficiently to prevent any damage moorings. When vessels are so moored, when approaching another vessel in a guard shall be on board at all times motion or tied up, a wharf or other

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structure, works under construction, and under such conditions as will not plant engaged in river and harbor im- obstruct or prevent the passage of provement, levees, floodwalls with- other vessels or rafts. Stoppages shall standing floodwaters, buildings sub- be only for such periods as may be nec- merged or partially submerged by high essary. waters, or any other structure or im- (ii) Except temporarily, as authorized provement likely to be damaged by col- in paragraph (b)(2)(i) of this section, no lision, suction, or wave action. vessel or raft will be allowed to use any NOTE: The Corps of Engineers also has reg- portion of the fairway as a mooring ulations dealing with this section in 33 CFR place without written permission from Part 207. the District Commander. § 162.90 White River, Arkansas Post (iii) When tied up individually, all Canal, Arkansas River, and Verdi- vessels shall be moored by bow and gris River between Mississippi stern lines. Rafts and tows shall be se- River, Ark., and Catoosa, Okla.; use, cured at sufficiently close intervals to administration, and navigation. insure their not being drawn away (a) The regulations in this section from the bank by winds, currents, or shall apply to: the suction of passing vessels. Towlines (1) Waterways. White River between shall be shortened so that the different Mississippi River and Arkansas Post parts of the tow will be as close to- Canal, Ark.; Arkansas Post Canal, gether as possible. In narrow sections, Ark.; Arkansas River between Arkan- no vessel or raft shall be tied abreast of sas Post Canal, Ark., and Verdigris another if the combined width of ves- River, Okla.; Verdigris River between sels or rafts is greater than 70 feet. Arkansas River and Catoosa, Okla.; (iv) When a vessel is moored under an and reservoirs on these waterways be- emergency condition, as provided in tween Mississippi River Ark., and paragraph (b)(2)(i) of this section, at Catoosa, Okla. least one crew member shall remain in (2) Bridges, wharves and other struc- attendance to display proper lights and tures. All bridges, wharves, and other signals and tend the mooring lines. The structures in or over the waterways de- crew member shall be provided with an scribed in paragraph (a)(1) of this sec- adequate means of communication or tion. signalling a warning in the event that, (3) Vessels and rafts. The term ‘‘ves- for any reason, the vessel or tow should sels’’ as used in this section includes go adrift. Immediately after comple- every description of watercraft used, or capable of being used, as a means of tion of the emergency mooring, the transportation on water, other than lockmaster of the first lock down- rafts. stream shall be notified of the char- (b) Waterways: acter and cargo of the vessel and the (1) Fairway. A clear channel shall at location of such mooring. all times be left open to permit free (v) Vessels will not be permitted to and unobstructed navigation by all load or unload in any of the land cuts, types of vessels and rafts that nor- except at a regular established landing mally use the various waterways or or wharf, without written permission sections thereof. The District Com- secured in advance from the District mander may specify the width of the Commander. fairway required in the waterways (vi) Except in an emergency, no ves- under his charge. sel or raft shall anchor over revetted (2) Anchoring or mooring in waterway. banks of the waterway, nor shall any (i) No vessels or rafts shall anchor or type vessel except launches and other moor in any of the land cuts or other small craft land against banks pro- narrow parts of the waterway, except tected by revetment except at regular in an emergency. Whenever it becomes commercial landings. necessary for a vessel or raft to stop in (3) Speed. (i) Excessive speed in nar- any such portions of the waterway, it row sections is prohibited. Official shall be securely fastened to one bank signs indicating limiting speeds and as close to the bank as possible. through critical sections shall be This shall be done only at such a place strictly obeyed.

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(ii) When approaching and passing (ii) No tow shall be drawn by a vessel through a bridge, all vessels and rafts, that has insufficient power or crew to regardless of size, shall control their permit ready maneuverability and safe speed so as to insure that no damage handling. will be done to the bridge or its fend- (iii) No vessel or tow shall navigate ers. through a drawbridge until the mov- (iii) Within the last mile of approach able span is fully opened. to unattended, normally open auto- (5) Projections from vessels. No vessels matic, movable span bridges, the factor carrying a deck load which overhangs of river flow velocity, of vessel (and or projects over the side, or whose rig- tow) velocity, and of vessel power and ging projects over the side, so as to en- crew capability are never to be per- danger passing vessels, wharves, or mitted to result in a condition whereby other property, shall enter or pass the movement of vessel (and tow) can- through any of the narrow parts of the not be completely halted or reversed waterway. within a 3-minute period. (6) Meeting and passing. Vessels on meeting or overtaking shall give the (iv) A vessel shall reduce its speed proper signals and pass in accordance sufficiently to prevent any damage with the Inland Rules and the Pilot when approaching another vessel in Rules for Inland Waters. Rafts shall motion or tied up, a wharf or other give to vessels the side demanded by structure, works under construction, proper signal. All vessels approaching plant engaged in river and harbor im- dredges or other plant engaged on improvement, levees withstanding flood- provements to a waterway shall give waters, buildings submerged or par- the signal for passing and slow down tially submerged by high waters, or sufficiently to stop if so ordered or if any other manner of structure or im- no answering signal is received. On re- provements likely to be damaged by ceiving the answering signal, they collision, suction, or wave action. shall then pass at a speed sufficiently (4) Assembly and handling of tows. (i) slow to insure safe navigation. Vessels All vessels drawing tows not equipped approaching an intersection or bend with rudders in restricted channels and where the view is obstructed must ex- land cuts shall use two towlines, or a ercise due caution. At certain intersec- bridle on one towline, shortened to the tions where strong currents may be en- greatest possible extent so as to have countered, sailing directions may be maximum control at all times. The issued from time to time through navi- various parts of a tow shall be securely gation bulletins or signs posted on each assembled with the individual units side of the intersections which must be connected by lines as short as prac- observed. ticable. In open water, the towlines and fastenings between barges may be [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as lengthened so as to accommodate the amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] wave surge. In the case of length or NOTE: The Corps of Engineers also has reg- cumbersome tows, or tows in restricted ulations dealing with this section in 33 CFR channels, the District Commander may Part 207. require that tows be broken up, and may require the installation of a rud- § 162.100 Ohio River at Louisville, KY. der or other approved steering device (a) Emergency Mooring Buoys. The on the tow in order to avoid obstruct- U.S. Army Corp of Engineers has estab- ing navigation or damaging the prop- lished four pairs of emergency mooring erty of others. Pushing barges with bouys. Each buoy is 10 feet in diameter towing vessel astern, towing barges with retro-reflective sides. The two with towing vessel alongside, or push- buoys which comprise each pair are 585 ing and pulling barges with units of the feet apart and are located approxi- tow made up both ahead and astern of mately at: the towing vessel is permissible pro- (1) Indiana Bank—Mile 582.3 (near 18 vided that adequate power is employed Mile Island); to keep the tow under full control at (2) Six Mile Island—Mile 597.5; all times. (3) Six Mile Island—Mile 598.2; and

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(4) Kentucky Bank—Mile 599.8 (Cox’s § 162.110 Duluth-Superior Harbor, Park). Minnesota and Wisconsin. NOTE: All buoys, except those at Six Mile (a) No vessel greater than 100 feet in Island—Mile 598.2, are removed between May length may exceed 8 miles per hour in 1 and September 30. Due to the close prox- Duluth-Superior Harbor. imity of the municipal water intakes, moor- (b) In the Duluth Ship Canal: ing of tank vessels laden with petroleum (1) No vessel may meet or overtake products or hazardous materials is not au- another vessel if each vessel is greater thorized on the Kentucky Bank, Mile 599.8 (Cox’s Park). than 150 feet in length (including tug and tow combinations). (b) The regulations. A vessel must not (2) An inbound vessel has the right of use the emergency mooring buoys that way over an outbound vessel. have been established by the U.S. Army Corps of Engineers, unless spe- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] cifically authorized. The Captain of the Port, upon request, may authorize the § 162.115 Keweenaw Waterway, Mich. use of the emergency mooring buoys by No vessel greater than 40 feet in downbound towing vessels that are length may exceed 8 miles per hour be- awaiting Vessel Traffic Center ap- tween Lily Pond and Pilgrim Point. proval to proceed. [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as amended by CGD 09–00–010, 65 FR 53595, Sept. [CGD 90–020, 59 FR 36333, July 15, 1994] 5, 2000]

§ 162.105 Missouri River; administra- § 162.117 St. Marys River, Sault Ste. tion and navigation. Marie, Michigan. (a) Supervision. The District Com- (a) The area. The waters of the St. mander, Eighth Coast Guard District, Marys River and lower Whitefish Bay has certain administrative supervision from 45°57′ N. (De Tour Reef Light) to overreaches of the river within the lim- the south, to 46°38.7′ N. (Ile Parisienne its of his district and is charged with Light) to the north, except the waters the enforcement under his direction of of the St. Marys Falls Canal, and to emergency regulations to govern navi- the east along a line from La Pointe to gation on the river. Sims Point, within Potagannissing Bay (b) Navigation. During critical flood and Worsley Bay. stages on any particular limited reach (b) Definitions. As used in this sec- of the Missouri River when lives, float- tion: means a directional ing plant, or major shore installations Two-way route route within defined limits inside and levees are endangered, the District which two-way traffic is established, Commander in charge of the locality and which is intended to improve safe- shall have the authority to declare the ty in waters where navigation is dif- reach of the river closed to navigation ficult. or to prescribe temporary speed regula- Two-way traffic means that traffic tions whenever it appears to him that flow is permitted in opposing direc- such action is necessary to prevent im- tions, but a vessel may not meet, cross, mediate human suffering or to miti- nor overtake any other vessel in such a gate major property damage or de- manner that it would be abreast of struction from wave action. The period more than one other vessel within the of closure and all speed regulations defined limits of a waterway. prescribed by the District Commander (c) Anchoring Rules. shall be for the duration of the emer- (1) A vessel must not anchor: gency as determined by the District (i) within the waters between Brush Commander and shall be terminated at Point and the waterworks intake crib the earliest practicable time that im- off Big Point southward of the Point proved river conditions permit. Aux Pins range; or (ii) within 0.2 nautical miles of the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as intake crib off Big Point. amended by USCG–1998–3799, 63 FR 35532, (2) In an emergency, vessels may an- June 30, 1998] chor in a dredged channel. Vessels shall

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anchor as near to the edge of the chan- (i) Johnson Point from Buoy ‘‘18’’ to nel as possible and shall get underway Buoy ‘‘22’’; as soon as the emergency ceases, unless (ii) Mirre Point from Buoy ‘‘26’’ to otherwise directed. Vessel Traffic Serv- Buoy ‘‘28’’; or ices St. Marys River must be advised of (iii) Stribling Point from Buoy ‘‘39’’ any emergency anchoring as soon as is to Buoy ‘‘43’’. practicable. (4) Paragraph (d)(2) of this section (3) Vessels collected in any part of does not apply to a vessel navigating the VTS Area by reason of temporary through an ice field. closure of a channel or an impediment (e) Winter Navigation. During the win- to navigation shall get underway and ter navigation season, the following depart in the order in which they ar- waterways are normally closed: rived, unless otherwise directed by Ves- (1) West Neebish Channel, from Buoy sel Traffic Service St. Marys River. ‘‘53’’ to Buoy ‘‘1’’; Vessel Traffic Service St. Marys River (2) Pipe Island Passage to the east of may advance any vessel in the order of Pipe Island Shoal; and departure to expedite the movement of (3) North of Pipe Island Twins, from mails, passengers, cargo of a perishable Watson Reef Light to Sweets Point. nature, to facilitate passage of vessels (f) Alternate Winter Navigation Routes. through any channel by reason of spe- (1) When West Neebish Channel is cial circumstance, or to facilitate pas- closed, Middle Neebish Channel (from sage through the St. Marys Falls Buoy ‘‘2’’ to Buoy ‘‘76’’) will be open ei- Canal. ther as a two-way route or an alter- (d) Traffic Rules. (1) A vessel must nating one way traffic lane. proceed only in the established direc- (i) When Middle Neebish Channel is a tion of traffic flow in the following wa- two-way route: ters: (A) An upbound vessel must use the (i) West Neebish Channel from Buoy easterly 197 feet of the channel. How- ‘‘53’’ to Buoy ‘‘1’’—downbound traffic ever, a vessel of draft 20 feet or more only; must not proceed prior to Vessel Traf- fic Center approval; and (ii) Pipe Island Course from Sweets (B) A downbound vessel must use the Point to Watson Reefs Light- westerly 295 feet of the channel. downbound traffic only. (ii) When Middle Neebish Channel is (iii) Middle Neebish Channel from an alternating one-way traffic lane. A Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traf- vessel must use the westerly 295 feet of fic only; and the channel in the established direc- (iv) Pipe Island Passage to the east of tion of traffic flow. Pipe Island Shoal and north of Pipe Is- (2) When Pipe Island Passage is land Twins from Watson Reefs Light to closed, Pipe Island Course is a two-way Sweets Point—upbound traffic only. route. (2) A vessel 350 feet or more in length NOTE: The Vessel Traffic Service closes or must not overtake or approach within opens these channels as ice conditions re- .2 nautical miles of another vessel pro- quire after giving due consideration to the ceeding in the same direction in the protection of the marine environment, wa- following waterways: terway improvements, aids to navigation, (i) West Neebish Channel between the need for cross channel traffic (e.g., ferries), the availability of icebreakers, and the Nine Mile Point and Munuscong Lake safety of the island residents who, in the Junction Lighted Bell Buoy; course of their daily business, must use nat- (ii) Middle Neebish Channel between urally formed ice bridges for transportation Munuscong Lake Junction Lighted Bell to and from the mainland. Under normal sea- Buoy and Nine Mile Point; and sonal conditions, only one closing each win- (iii) Little Rapids Cut from Six Mile ter and one opening each spring are antici- Point to Buoy ‘‘102’’. pated. Prior to closing or opening these channels, interested parties including both (3) When two-way traffic is author- shipping entities and island residents, will be ized in Middle Neebish Channel, a ves- given at least 72 hours notice by the Coast sel 350 feet or more in length must not Guard. meet, cross, or overtake another vessel (g) Speed Rules. (1) The following at: speed limits indicate speed over the

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ground. Vessels must adhere to the fol- St. Joseph, South Haven, Saugatuck, lowing speed limits: Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, TABLE 162.117(g)—ST. MARYS RIVER SPEED Pentwater, Ludington, Manistee, Por- RULES tage Lake (Manistee County), Frank- Maximum speed limit between Mph Kts fort, Charlevois, and Petroskey, Michi- gan. De Tour Reef Light and Sweets Point (b) No vessel greater than 40 feet in Light ...... 14 12.2 Round Island Light and Point Aux Frenes length may exceed 4 miles per hour in Light ‘‘21’’ ...... 14 12.2 the harbors of Menominee, Michigan Munuscong Lake Lighted Buoy ‘‘8’’ and and Wisconsin; Algoma, Kewaunee, Everens Point ...... 12 10.4 Everens Point and Reed Point ...... 9 7.8 Two Rivers, Manitowac, Sheboygan, Reed Point and Lake Nicolet Lighted Port Washington, Milwaukee, Racine, Buoy ‘‘62’’ ...... 10 8.7 Kenosha and Green Bay, Wisconsin; Lake Nicolet Lighted Buoy ‘‘62’’ and Lake Nicolet Light ‘‘80’’ ...... 12 10.4 and Waukegan, Illinois. Lake Nicolet Light ‘‘80’’ and Winter Point [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (West Neebish Channel) ...... 10 8.7 Lake Nicolet Light ‘‘80’’ and Six Mile Point Range Rear Light ...... 10 8.7 § 162.125 Sturgeon Bay and the Stur- Six Mile Point Range Rear Light and geon Bay Ship Canal, Wisc. lower limit of the St. Marys Falls Canal Upbound ...... 8 7.0 (a) In the Sturgeon Bay Ship Canal: Downbound ...... 10 8.7 (1) No vessel may exceed 5 miles per Upper limit of the St. Marys Falls Canal and Point Aux Pins Main Light ...... 12 10.4 hour. (2) No vessel greater than 150 feet in Note: A vessel must not navigate any dredged channel at a speed of less than 5 statute miles per hour (4.3 knots). length (including tug and tow combinations) may come about. (2) Temporary speed limit regulations may be established by Com- (3) No vessel 65 feet or greater in manding Officer Vessel Traffic Service length (including tug and tow combina- St. Marys River. Notice of the tem- tions) may either: porary speed limits and their effective (i) Enter or pass through the canal dates and termination are published in two or more abreast; or the FEDERAL REGISTER and Local No- (ii) Overtake another vessel. tice to Mariners. These temporary (4) No vessel may anchor or moor un- speed limits, if imposed, will normally less given permission to do so by the be placed in effect and terminated dur- Captain of the Port. ing the winter navigation season. (5) Each vessel must keep to the cen- (h) Towing Requirement. A towing ves- ter, except when meeting or overtaking sel must: (1) Maintain positive control another vessel. of its tow south of Gros Cap Reef Light; (b) In Sturgeon Bay and the Sturgeon (2) Not impede the passage of any Bay Ship Canal: other vessel; (1) Each laden vessel under tow must (3) Not tow a vessel of 200 feet or less be towed with at least two towlines. in length with a tow line longer than Each towline must be shortened to the 250 feet; and extent necessary to provide maximum (4) Not tow a vessel of 200 feet or control of the tow. more in length with a tow line longer (2) Each unladen vessel may be towed than the length of the towed vessel with one towline. plus 50 feet. (3) No towline may exceed 100 feet in [CGD 90–020, 59 FR 36333, July 15, 1994, as length. amended by CGD 95–033, 60 FR 28333, May 31, (4) No vessel may tow another vessel 1995; USCG–1998–3799, 63 FR 35532, June 30, 1998; USCG–2003–15404, 68 FR 37741, June 25, alongside. 2003] (5) No vessel may tow a raft greater than 50 feet in width. § 162.120 Harbors on Lake Michigan. NOTE: The Corps of Engineers also has reg- (a) No vessel greater than 40 feet in ulations dealing with these areas in 33 CFR length may exceed 8 miles per hour in Part 207. the harbors of Michigan City, Indiana; [CGD 79–151, 46 FR 7960, Jan. 26, 1981]

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§ 162.130 Connecting waters from Lake Master means the licensed master or Huron to Lake Erie; general rules. operator, the person designated by the (a) Purpose. The regulations in master or operator to navigate the ves- §§ 162.130 through 162.140 prescribe rules sel, or, on a vessel not requiring li- for vessel operation in U.S. waters con- censed personnel, the person in com- necting Lake Huron to Lake Erie (in- mand of the vessel. cluding the River Rouge) to prevent River Rouge means the waters of the collisions and groundings, to protect Short Cut Canal and the River Rouge waterway improvements, and to pro- from Detroit Edison Cell Light 1 to the tect these waters from environmental head of navigation. harm resulting from collisions and St. Clair River means the connecting groundings. waters from the lakeward limit of the NOTE: The Canadian Government has improved navigation channel at the issued similar regulations which apply in the lower end of Lake Huron to St. Clair Canadian portion of the waterway. Provi- Flats Canal Light 2. sions which apply only in Canadian waters are noted throughout the text. SARNIA TRAFFIC means the Cana- (b) Applicability. (1) Unless otherwise dian Coast Guard traffic center at specified, the rules in §§ 162.130 through Sarnia Ontario. 162.140 apply to all U.S. vessels and all (d) Laws and regulations not affected. other vessels in U.S. waters. The regulations in §§ 162.130 through (2) The speed rules in § 162.138 apply 162.140 do not relieve the owners or op- to vessels 20 meters or more in length. erators of vessels from complying with (3) The communication rules in any other laws or regulations relating § 162.132, the traffic rules in § 162.134, ex- to navigation on the Great Lakes and cept for § 162.134(c)(2), and the anchor- their connecting or tributary waters. age rules in § 162.136 apply to the fol- (e) Delegations. The District Com- lowing vessels: mander, in coordination with appro- (i) Vessels of 20 meters or more in priate Canadian officials, may make length; local arrangements that do not conflict (ii) Commercial vessels more than 8 with these regulations in the interest meters in length engaged in towing an- of safety of operations, to facilitate other vessel astern, alongside, or by traffic movement and anchorage, to pushing ahead; and avoid disputes as to jurisdiction and to (iii) Each dredge and floating plant. take necessary action to render assist- (4) The traffic rules contained in ance in emergencies. This authority § 162.134(c)(2) apply to the following ves- may be redelegated. sels: (i) Sailing vessels of 20 meters or [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR more in length; 26722, June 29, 1984, as amended by CGD 85– 060, 51 FR 17016, May 8, 1986; CGD 93–024, 58 (ii) Power driven vessels of 55 meters FR 59365, Nov. 9, 1993] or more in length; (iii) Vessels engaged in towing an- § 162.132 Connecting waters from Lake other vessel astern, alongside or by Huron to Lake Erie; communica- pushing ahead; and tions rules. (iv) Each dredge and floating plant. (a) Radio listening watch. The master (c) Definitions. As used in §§ 162.130 of each vessel required to comply with through 162.140: Captain of the Port means the United this section shall continuously mon- States Coast Guard Captain of the Port itor: of Detroit, Michigan. (1) Channel 11 (156.55 mhz) between Detroit River means the connecting Lake Huron Cut Lighted Buoy 11 and waters from Windmill Point Light to Lake St. Clair Light; and the lakeward limits of the improved (2) Channel 12 (156.60 mhz) between navigation channels at the head of Lake St. Clair Light and Detroit River Lake Erie. Light. District Commander means Com- (b) Radiotelephone equipment. Reports mander, Ninth Coast Guard District, required by this section shall be made Cleveland, Ohio. by the master using a radiotelephone

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capable of operation on a vessel’s navi- ing equipment, or defective propulsion gation bridge, or in the case of a machinery. dredge, from its main control station. (2) Any tow that the towing vessel is (c) English language. Reports required unable to control, or can control only by this section shall be made in the with difficulty. English language. (h) Exemptions. Compliance with this (d) Traffic reports. (1) Reports re- section is not required when a vessel’s quired by this section shall be made to radiotelphone equipment has failed. SARNIA TRAFFIC on the frequency [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR designated for the radio listening 26722, June 29, 1984, as amended by CGD 85– watch in paragraph (a) of this section. 060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 (2) Reports shall include the name of FR 37274, Oct. 21, 1986] the vessel, location, intended course of action, and ETA at next reporting § 162.134 Connecting waters from Lake point. Huron to Lake Erie; traffic rules. (e) Permanent reporting points. The (a) Detroit River. The following traffic master of each vessel to which this sec- rules apply in the Detroit River: tion applies shall report as required by (1) The West Outer Channel is re- paragraph (d) of this section at the lo- stricted to downbound vessels. cation indicated in Table I. (2) The Livingston Channel, west of Bois Blanc Island, is restricted to TABLE I downbound vessels. NOTE: The Amherstburg Channel, in Cana- Downbound Upbound vessels Reporting points vessels dian waters east of Bois Blanc Island, is normally restricted to upbound vessels. No ves- Report ...... 30 Minutes North of Lake sel may proceed downbound in the Huron Cut. Amherstburg Channel without authorization Lighted Horn Buoy ‘‘11’’ from the Regional Director General. Report ...... Lake Huron Cut Light ‘‘7’’ Lake Huron Cut Lighted Buoy Report. (3) Between Fighting Island Channel ‘‘1’’. South Light and Bar Point Pier Light Report ...... St. Clair/Black River Junction Report. 29D, no vessels shall meet or overtake Light. in such a manner that more than two Stag Island Upper Light ...... Report. Report ...... Marine City Salt Dock Light ... Report. vessels would be abreast at any time. Report ...... Grande Pointe Light ‘‘23’’ (4) Between the west end of Belle Isle St. Clair Flats Canal Light ‘‘2’’ Report. and Peche Island Light, vessels may Report ...... Lake St. Clair Light ...... Report. Report ...... Belle Isle Light only overtake vessels engaged in tow- Report ...... Grassy Island Light ...... Report. ing. Report ...... Detroit River Light ...... Report. (b) River Rouge. In the River Rouge, no vessel shall overtake another vessel. (f) Additional traffic reports. (1) A re- (c) St. Clair River. The following traf- port shall be made upon leaving any fic rules apply in the St. Clair River: dock, mooring, or anchorage, in the (1) Between St. Clair Flats Canal Detroit River, Lake St. Clair, and the Light 2 and Russell Island Light 33, St. Clair River except for— vessels may only overtake vessels en- (i) Ferries on regular runs; and gaged in towing. (ii) Vessels in the River Rouge. (2) Between Lake Huron Cut Lighted (2) A report shall be made before ma- Buoy 1 and Port Huron Traffic Lighted neuvering to come about. Buoy there is a zone of alternating one (3) A report shall be made— way traffic. Masters shall coordinate (i) 20 minutes before entering or de- their movements in accordance with parting the River Rouge; and the following rules; (ii) Immediately before entering or (i) Vessels shall not overtake. departing the River Rouge. (ii) Vessels shall not come about. (g) Report of impairment or other haz- (iii) Vessels shall not meet. ard. The master of a vessel shall report (iv) Downbound vessels which have to SARNIA TRAFFIC as soon as pos- passed Lake Huron Cut Lighted Buoy 7 sible: have the right of way over upbound (1) Any condition on the vessel that vessels which have not reached the may impair its navigation, including Port Huron Traffic Lighted Buoy. but not limited to: fire, defective steer- Upbound vessels awaiting transit of

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downbound vessels will maintain posi- § 162.138 Connecting waters from Lake tion south of the Port Huron Traffic Huron to Lake Erie; speed rules. Lighted Buoy. (a) Maximum speed limit for vessels in (v) Vessels transiting the zone shall normal displacement mode. (1) Except coordinate passage by using commu- when required for the safety of the ves- nication procedures in § 162.132. sel or any other vessel, vessels of 20 (vi) Transiting vessels shall have the meters or more in length operating in right of way over moored vessels get- normal displacement mode shall pro- ting underway within the zone. ceed at a speed not greater than— (d) In the waters described in (i) 12 statute miles per hour (10.4 § 162.130(a), the District Commander or knots) between Fort Gratiot Light and Captain of the Port may establish tem- St. Clair Flats Canal Light 2; (ii) 12 statute miles per hour (10.4 porary traffic rules for reasons which knots) between Peche Island Light and include but are not limited to: channel Detroit River Light; and obstructions, winter navigation, un- (iii) 4 statute miles per hour (3.5 usual weather conditions, or unusual knots) in the River Rouge. water levels. (2) The maximum speed limit is 5.8 (e) The requirements of this section statute miles per hour (5 knots) in the do not apply to public vessels of the navigable channel south of Peche Is- U.S. or Canada engaged in icebreaking land (under Canadian jurisdiction). or servicing aids to navigation or to (b) Maximum speed limit for vessels op- vessels engaged in river and harbor im- erating in nondisplacement mode. (1) Ex- provement work. cept when required for the safety of the (f) The prohibitions in this section on vessel or any other vessel, vessels 20 overtaking in certain areas do not meters or more in length but under 100 apply to vessels operating in the non- gross tons operating in the nondisplacement mode. In this section, displacement mode and meeting the re- ‘‘nondisplacement mode’’ means a quirements set out in paragraph (c) of mode of operation in which the vessel this section, may operate at a speed is supported by hydrodynamic forces, not exceeding 40 miles per hour (34.8 rather than displacement of its weight knots)— (i) During daylight hours (sunrise to in the water, to an extent such that the sunset); wake which would otherwise be gen- (ii) When conditions otherwise safely erated by the vessel is significantly re- allow; and duced. (iii) When approval has been granted [CGD 78–151, 49 FR 18302, Apr. 30, 1984; 49 FR by the Coast Guard Captain of the 26722, June 29, 1984, as amended by CGD 09– Port, Detroit or Commander of the 95–002, 60 FR 35701, July 11, 1995] Ninth Coast Guard District prior to each transit of the area. § 162.136 Connecting waters from Lake (2) In this section, ‘‘nondisplacement Huron to Lake Erie; anchorage mode’’ means a mode of operation in grounds. which the vessel is supported by hydro- (a) In the Detroit River, vessels shall dynamic forces, rather than displace- be anchored so as not to swing into the ment of its weight in the water, to an channel or across steering courses. extent such that the wake which would otherwise be generated by the vessel is NOTE: There is an authorized anchorage in Canadian waters just above Fighting Island significantly reduced. and an authorized anchorage in U.S. waters (c) Unsafe vessels. The Captain of the south of Belle Isle (33 CFR 110.206). Port or the District Commander may (b) In the St. Clair River, vessels deny approval for operations under shall be anchored so as not to swing paragraph (b) of this section if it ap- into the channel or across steering pears that the design and operating characteristics of the vessels in ques- courses. tion are not safe for the designated wa- [CGD 78–151, 49 FR 18302, Apr. 30, 1984, as terways, or if it appears that oper- amended by CGD 85–060, 51 FR 17016, May 8, ations under this section have become 1986] unsafe for any reason.

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(d) Temporary speed limits. The Dis- (b) In Huron Harbor, no vessel great- trict Commander may temporarily es- er than 40 feet in length may exceed 6 tablish speed limits or temporarily miles per hour, except in the outer har- amend existing speed limit regulations bor where no vessel greater than 40 feet on the waters described in § 162.130(a). in length may exceed 10 miles per hour. NOTE: The Corps of Engineers also has reg- [CGD 09–95–002, 60 FR 35702, July 11, 1995] ulations dealing with these areas in 33 CFR Part 207. § 162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous [CGD 79–151, 46 FR 7960, Jan. 26, 1981] rules. § 162.160 Vermilion, Lorain, Cleveland, (a) Rules for towing vessels. (1) A tow- Fairport, Ashtabula, and Conneaut ing vessel may drop or anchor its tows Harbors, Ohio. only in accordance with the provisions (a) In Vermilion Harbor, no vessel of § 162.136. may exceed 6 miles per hour. (2) A towing vessel engaged in ar- (b) In Lorain, Cleveland, Fairport, ranging its tow shall not obstruct the Ashtabula, and Conneaut Harbors, no navigation of other vessels. vessel may exceed 6 miles per hour, ex- (b) Pilots. In the St. Clair River be- cept in the outer harbors, where no tween Lake Huron Cut Lighted Buoy 1 vessel may exceed 10 miles per hour. and Port Huron Traffic Lighted Buoy, NOTE: The Corps of Engineers also has reg- vessels shall not take on, discharge, or ulations dealing with these areas in 33 CFR exchange pilots unless weather condi- Part 207. tions would make the maneuver unsafe in the customary pilot area. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] [CGD 78–151, 49 FR 18302, Apr. 30, 1984] § 162.165 Buffalo and Rochester Har- bors, New York. § 162.145 Monroe Harbor, Mich. In Buffalo and Rochester Harbors, no (a) In the lake channel, no vessel vessel may exceed 6 miles per hour, ex- greater than 40 feet in length may except in the outer harbors where no ves- ceed 10 miles per hour. sel may exceed 10 miles per hour. (b) In the river channel: NOTE: The Corps of Engineers also has reg- (1) No vessel greater than 40 feet in ulations dealing with these areas in 33 CFR length may exceed 6 miles per hour. Part 207. (2) No vessel may use a towline ex- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] ceeding 200 feet in length. § 162.175 Black Rock Canal and Lock [CGD 79–151, 46 FR 7960, Jan. 26, 1981] at Buffalo, New York. § 162.150 Maumee Bay and River, Ohio. In the Black Rock Canal and Lock, no vessel may exceed 6 miles per hour. (a) In Maumee Bay (lakeward of NOTE: The Corps of Engineers also has reg- Maumee River Lighted Buoy 49(L/L No. ulations dealing with these areas in 33 CFR 770)), no vessel greater than 100 feet in Part 207. length may exceed 12 miles per hour. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No. § 162.195 Santa Monica Bay, Calif.; re- 770)): stricted area. (1) No vessel greater than 40 feet in (a) The area. The waters of the Pa- length may exceed 6 miles per hour. cific Ocean, Santa Monica Bay, in an (2) No vessel greater than 100 feet in area extending seaward from the shore- length (including tug and tow combina- line a distance of about 5 nautical tions) may overtake another vessel. miles (normal to the shoreline) and ba- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] sically outlined as follows:

§ 162.155 Sandusky and Huron Har- Station Latitude North Longitude bors, Ohio. West (a) In Sandusky Harbor, no vessel A ...... 33°54′59″ 118°25′41″ B ...... 33°54′59″ 118°28′00″ greater than 40 feet in length may ex- C ...... 33°53′59.5″ 118°31′37″ ceed 10 miles per hour. D ...... 33°56′19.5″ 118°34′05″

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Station Latitude North Longitude § 162.205 Suisun Bay, San Joaquin West River, Sacramento River, and con- E ...... 33°56′25″ 118°26′29″ necting waters, CA. (a) San Joaquin River Deep Water (b) The regulations. (1) Vessels shall Channel between Suisun Bay and the eas- not anchor within the area at any time terly end of the channel at Stockton; use, without permission. administration and navigation—(1) Max- (2) Dredging, dragging, seining, or imum speed. The maximum speed for all other fishing operations which might ocean-going craft shall not exceed 10 foul underwater installations within miles per hour above the lower end of the area are prohibited. New York Slough, seven miles per hour (3) All vessels entering the area, above Criminal Point, or five miles per other than vessels operated by or for hour while passing any wharf, dock, or the United States, the State of Cali- moored craft. As used in this para- fornia, the county of Los Angeles, or graph, the speed of a vessel when navi- the city of Los Angeles, shall proceed gating with the current shall be its across the area by the most direct rate of movement in excess of the ve- route and without unnecessary delay. locity of the current. The area will be open and unrestricted (2) Passing. All craft passing other to small recreational craft for rec- boats, barges, scows, etc., in motion, reational activities at all times. moored or anchored, shall slow down (4) The placing of bouys, markers, or and take every necessary precaution to other devices requiring anchors will avoid damage. not be permitted. (5) The city of Los Angeles will main- (3) Right of way. (i) United States tain a patrol of the area as needed. dredges, tugs, launches, derrick boats, and similar plant of contractors exe- § 162.200 Marina del Rey, Calif.; re- cuting river and harbor improvement stricted area. work for the United States, and dis- (a) The area. That portion of the Pa- playing the signals prescribed by the cific Ocean lying shoreward of the off- regulations contained in Part 80 of this shore breakwater and the most sea- chapter shall have the right of way and ward 1,000 feet of the entrance channel other craft shall exercise special cau- between the north and south jetties, tion to avoid interference with the and basically outlined as follows: work on which the plant is engaged. Dredges, whether Federal or contrac- Station Latitude North Longitude West tors’ plant, working the channel must however, take special care to give A ...... 33°57′46.0″ 118°27′39.5″ B ...... 33°57′52.3″ 118°27′43.6″ ocean-going vessels sufficient room for C ...... 33°57′48.6″ 118°27′48.8″ passing, and must lift both spuds and D ...... 33°57′29.8″ 118°27′34.7″ the ladder, and pull clear, if an ade- E ...... 33°57′30.9″ 118°27′29.1″ F ...... 33°57′37.4″ 118°27′33.8″ quate width of clear channelway can- G ...... 33°57′42.4″ 118°27′23.0″ not otherwise be provided. Ocean-going H ...... 33°57′50.6″ 118°27′28.3″ vessels may show at the masthead a black ball not more than 20 inches in (b) The regulations. (1) Vessels shall diameter as a signal to the dredge, and not anchor within the area at any time may also blow five long blasts of the without permission except in an emer- whistle when within reasonable hear- gency. ing distance of the dredge, such signal (2) Dredging, dragging, seining, or to be followed at the proper time by other fishing operations which might the passing signal described in the foul underwater installations within local pilot rules. The dredge shall the area are prohibited. promptly acknowledge both signals in the usual manner. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–2008–0179, 73 FR 35016, (ii) Light-draft vessels when meeting June 19, 2008] or being overtaken by ocean-going ves- NOTE: The Corps of Engineers also has reg- sels, shall give the right of way to such ulations dealing with this section in 33 CFR vessels by making use of the shallower Part 207. portions of the waterway.

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(iii) Rafts and tows must promptly way; wind, tide, current, etc., being give the channel side demanded upon taken into consideration. proper signal by a vessel, and must be (iv) Passing. All craft passing other handled in such a manner as not to ob- boats, barges, scows, etc., underway, struct or interfere with the free use of moored or anchored, shall take every the waterway by other craft. necessary precaution to avoid damage. (4) Collisions. (i) Ocean-going vessels (v) Speed, high-water precautions. in collision in the channel or turning When passing another vessel (under- basin must, if still afloat and in a con- way, anchored, or tied up); a wharf or dition making anchorage necessary, be other structure; work under construc- immediately removed to an approved tion; plant engaged in river and harbor anchorage ground, or if in such condi- improvement; levees withstanding tion that beaching is necessary, they flood waters; buildings partially or shall be temporarily beached on the wholly submerged by high water; or northwest side of Mandeville Island or any other structure liable to damage in the Old River. by collision, suction or wave action; (ii) Light-draft vessels suffering colli- vessels shall give as much leeway as sion shall be disposed of as directed by circumstances permit and reduce their the District Commander or his author- speed sufficiently to preclude causing ized representative. damage to the vessel or structure being (5) Wrecks. In no case following acci- passed. As deemed necessary for public dents of fire or collision will a vessel be safety during high river stages, floods, allowed to remain either anchored or or other emergencies, the District grounded in the channel, or beached at Commander may prescribe, by naviga- any place where it endangers other ves- tion bulletins or other means, the lim- sels, while settlement is pending with iting speed in knots or temporarily the underwriters. close the waterway or any reach of it (6) Other laws and regulations. In all to traffic. Since this subparagraph per- other respects, the existing Federal tains directly to the manner in which laws and rules and regulations affect- vessels are operated, masters of vessels ing navigable waters of the United shall be held responsible for strict ob- States will govern in this channel. servance and full compliance herewith. (b) Sacramento Deep Water Ship Chan- (2) Right of way. (i) Dredges, tugs, nel between Suisun Bay and easterly end launches, derrick boats and other simi- of Turning Basin at West Sacramento; lar equipment, executing river and har- use, administration, and navigation—(1) bor improvement work for the United Maximum speed for all ocean going States, and displaying the signals pre- craft—(i) Between Tolands Landing (Mile scribed by the regulations contained in 6.2) and Rio Vista Bridge. When going Part 80, of this Chapter, shall have the against a current of two knots or more, right-of-way and other craft shall exer- the maximum speed over the bottom cise special caution to avoid inter- shall not exceed 8 knots. When going ference with the work on which the with the current, in slack water, or plant is engaged. Dredges, whether against a current of two knots or less, Federal or contractor’s plant, working the maximum speed through the water the channel must however, take special shall not exceed 10 knots. care to give ocean-going vessels suffi- (ii) Between Rio Vista Bridge and Port cient room for passing, and must lift of Sacramento. When going against a both spuds and the ladder, and pull current of two knots or more, the max- clear, if an adequate width of clear imum speed over the bottom shall not channelway cannot otherwise be pro- exceed 5 knots. When going with the vided. current, in slack water, or against a (ii) Vessels intending to pass dredges current of two knots or less, the max- or other types of floating plant work- imum speed through the water shall ing in navigable channels, when within not exceed 7 knots. a reasonable distance therefrom and (iii) Speed past docks or moored craft. not in any case over a mile, shall indi- Within 550 feet of the centerline of the cate such intention by one long blast of channel the speed shall be the min- the whistle, and shall be directed to imum required to maintain steerage- the proper side for passage by the

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sounding, by the dredge or other float- the channel clear for the passage of ing plant, of the signal prescribed in vessels. the inland pilot rules for vessels under- (iii) Motorboats, sailboats, rowboats, way and approaching each other from and other small craft shall not anchor opposite directions, which shall be an- or drift in the regular ship channel ex- swered in the usual manner by the ap- cept under stress of weather or in case proaching vessel. If the channel is not of breakdown. Such craft shall be so clear, the floating plant shall sound operated that they will not interfere the alarm or danger signal and the ap- with or endanger the movement of proaching vessel shall slow down or commercial or public vessels. stop and await further signal from the (4) Collisions. (i) Ocean-going vessels plant. in collision in the channel or turning (iii) When the pipeline from a dredge basin, must if still afloat and in a con- crosses the channel in such a way that dition making anchorage necessary, be an approaching vessel cannot pass safe- immediately removed to an approved ly around the pipeline or dredge, there anchorage ground, or if in such condi- shall be sounded immediately from the tion that beaching is necessary, they dredge the alarm or danger signal and shall be temporarily beached on the the approaching vessel shall slow down southwest side of Ryer Island from or stop and await further signal from Mile 15.0 to Mile 16.3 or in the Harbor the dredge. The pipeline shall then be and Turning Basin at West Sac- opened and the channel cleared as soon ramento. as practicable; when the channel is (ii) Light-draft vessels suffering colli- clear for passage the dredge shall so in- sion shall be disposed of as directed by dicate by sounding the usual passing the District Commander or his author- signal as prescribed in paragraph ized representative. (c)(2)(ii) of this section. The approach- (5) Marine accidents. Masters, mates, ing vessel shall answer with a cor- pilots, owners, or other persons using responding signal and pass promptly. the waterway to which this paragraph (iv) When any pipeline or swinging applies shall notify the District Com- dredge shall have given an approaching mander and in the case of undocu- vessel or tow the signal that the chan- mented vessels, the State Division of nel is clear, the dredge shall straighten Small Craft Harbors also, by the most out within the cut for the passage of expeditious means available of all ma- the vessel or tow. rine accidents, such as fire, collision, (v) Shallow draft vessels when meet- sinking or stranding, where there is ing or being overtaken by ocean-going possible obstruction of the channel or vessels, shall give the right-of-way to interference with navigation or where such vessels by making use of the damage to Government property is in- shallower portions of the waterway, volved, furnishing a clear statement as wherever possible. to the name, address, and ownership of (vi) Tows should promptly give the the vessel or vessels involved, the time channel side requested by proper signal and place, and the action taken. In all from a vessel, and should be handled in cases, the owner of the sunken vessel such a manner as not to obstruct or shall take immediate steps to mark the interfere with the free use of the water- wreck properly. way by other craft. (6) Other laws and regulations. In all (3) Obstruction of traffic. (i) Except as other respects, existing Federal laws provided in paragraph (c)(2) of this sec- and rules and regulations affecting tion no person shall willfully or care- navigable waters of the United States lessly obstruct the free navigation of will govern in this channel. the waterway, or delay any vessel hav- (c) Sacramento River, Decker Island ing the right to use the waterway. Restricted Anchorage for Vessels of the (ii) No vessel shall anchor within the U.S. Government—(1) The anchorage channel except in distress or under ground. An elongated area in the Sac- stress of weather. Any vessel so an- ramento River bounded on the west by chored shall be moved as quickly as the shore of Decker Island and the fol- possible to such anchorage as will leave lowing lines: Beginning on the shore at

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Decker Island North End Light at lati- Mount Diablo Base and Meridian; tude 38°06′16″ N., longitude 121°42′32.5″ thence north 410 feet along the east W.; thence easterly to latitude 38°06′15″ line of sec. 25; thence northwesterly 95 N., longitude 121°42′27″ W.; thence feet to the high waterline which is the southerly to latitude 38°05′22″ N., lon- true point of beginning; thence north gitude 121°42′30″ W.; thence southwest- 130 feet; thence southeasterly 565 feet; erly to latitude 38°05′08″ N., longitude and thence south 130 feet to the high 121°42′40″ W.; thence west southwesterly waterline. to latitude 38°05′02″ N., longitude (3) Pope Beach, under the control of the 121°42′50″ W.; thence northwesterly to Forest Service, Department of Agriculture. the shore of Decker Island at latitude The waters of Lake Tahoe shoreward of 38°05′04″ N., longitude 121°42′52.5″ W. a line described as follows: Beginning (2) Special Regulation. No Vessel or at the intersection of the high water- other craft except those owned by or line with the west line of the former operating under contract with the Pope property, about 750 feet westerly United States may navigate or anchor of the west boundary line of Lot 2, Sec- within 50 feet of any moored Govern- tion 6, Township 12 North (Mount Dia- ment vessel in the area. Commercial blo Base Line), Range 18 East (Mount and pleasure craft shall not moor to Diablo Meridian); thence north 300 feet; buoys or chains of Government vessels, thence southeasterly 4,200 feet to a nor may they, while moored or under- point 300 feet north of the high waterway, obstruct the passage of Govern- line; and thence south 300 feet to the ment or other vessels through the area. high waterline. NOTE: The Corps of Engineers also has reg- (4) El Dorado County Beach. The wa- ulations dealing with this section in 33 CFR ters of Lake Tahoe shoreward of a line Part 207. described as follows: Beginning at the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as intersection of the high waterline with amended by CGD12 84–07, 51 FR 12318, Apr. 10, the west boundary line of Lot 1, Sec- 1986; CGD11–94–007, 60 FR 16796, Apr. 3, 1995; tion 32, Township 13 North (Mount Dia- USCG–1998–3799, 63 FR 35532, June 30, 1998] blo Base Line), Range 18 East (Mount Diablo Meridian); thence north 500 feet; § 162.210 Lake Tahoe, Calif.; restricted thence northeasterly about 1,350 feet to areas along south shore. the projected east line of Lot 1 at a (a) The areas—(1) Baldwin Beach, point 500 feet north of the high water- under the control of the Forest Service, line; and thence south 500 feet to the Department of Agriculture. The waters of high waterline. Lake Tahoe shoreward of a line de- (b) The regulations. No sail or ma- scribed as follows: Beginning at the chine-propelled watercraft, except ves- intersection of the high waterline with sels owned or controlled by the U.S. the west boundary line of Lot 2, Sec- Coast Guard, shall navigate or anchor tion 26, Township 13 North (Mount Dia- in the restricted area. blo Base Line), Range 17 East (Mount Diablo Meridian); thence north 300 feet; § 162.215 Lake Tahoe, Nev.; restricted thence southeasterly about 2,850 feet to area adjacent to Nevada Beach. the east line of Section 26 at a point 300 (a) The restricted area. The waters of feet north of the high waterline; thence Lake Tahoe shoreward of a line de- northeasterly 1,740 feet to a point 300 scribed as follows: Beginning at the feet north of the high waterline; thence intersection of the high waterline with southeasterly about 1,810 feet to the a line projected in a general southerly projected east line of the former Bald- direction 200 feet from a point lying 310 win property at a point 300 feet north feet west of section corner common to of the high waterline; and thence south section 15, 16, 21, and 22, Township 13 300 feet to the high waterline. North (Mount Diablo Base Line), Range (2) Camp Richardson, under the control 18 East (Mount Diablo Meridian); of the Forest Service, Department of Agri- thence 300 feet lakeward at right an- culture. The waters of Lake Tahoe gles to the high waterline; thence shoreward of a line described as fol- southeasterly approximately 2,170 feet lows: Beginning at the southeasterly to the projected south boundary line of corner of sec. 25, T. 13 N., R. 17 E., the Forest Service property at a point

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300 feet west of the high waterline; and gency regulations to govern navigation thence east 300 feet to the high water of these streams. line. (b) Speed. During very high water (b) The regulations. No sail or motor stages (usually 25 feet or more on the propelled watercraft, except vessels Vancouver, Washington, gage) when owned or controlled by the United lives, floating plant or major shore in- States Government and vessels duly stallations are endangered, the District authorized by the United States Coast Commander shall have authority to Guard, shall navigate or anchor in the prescribe such temporary speed regula- restricted area. tions as he may deem necessary for the public safety. During critical periods of § 162.220 Hoover Dam, Lake Mead, and freshets under 25 feet on the Van- Lake Mohave (Colorado River), couver, Washington, gage when con- Ariz.-Nev. struction is in progress, rehabilitation, (a) Lake Mead and Lake Mohave; re- or other unusual emergency makes a stricted areas—(1) The areas. That por- major shore installation susceptible to tion of Lake Mead extending 700 feet loss or major damage from wave ac- upstream of the axis of Hoover Dam tion, the District Commander shall and that portion of Lake Mohave (Colo- have authority to prescribe for a par- rado River) extending 4,500 feet down- ticular limited reach of the river as ap- stream of the axis of Hoover Dam. propriate such temporary speed regula- (2) The regulations. The restricted tions as he may deem necessary to pro- areas shall be closed to navigation and tect the integrity of such structure. All other use by the general public. Only speed regulations prescribed by the vessels owned by or controlled by the District Commander shall be obeyed U.S. Government and the States of Ari- for the duration of the emergency and zona and Nevada shall navigate or an- shall be terminated at the earliest chor in the restricted areas: Provided, practicable time that improved stream however, The Regional Director, Region conditions permit. 3, U.S. Bureau of Reclamation, Boulder City, Nev., may authorize, by written § 162.230 Columbia River, Wash. permit, individuals or groups to navi- (a) Grand Coulee Dam discharge chan- gate or anchor in the restricted areas nel; restricted area—(1) The area. That when it is deemed in the public inter- portion of the Columbia River between est. Copies of said permits must be fur- Grand Coulee Dam (situated at river nished to the enforcing agencies. mile 596.6) and river mile 593.7. (b) Lake Mead; speed regulation. In (2) The regulations. (i) No vessel shall that portion of Lake Mead extending enter or navigate within the area with- 300 feet upstream of the restricted area out permission from the enforcing described in paragraph (a) of this sec- agency. tion, a maximum speed of 5 miles per (ii) The regulation in this section hour shall not be exceeded. shall be enforced by the Chief, Power (c) Supervision. The regulations in Field Division, Columbia Basin this section shall be supervised by the Project, U.S. Department of the Inte- District Commander, Eleventh Coast rior, Coulee Dam, Washington. Guard District. § 162.235 Puget Sound Area, Wash. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–2008–0179, 73 FR 35016, (a) Waterway connecting Port Town- June 19, 2008] send and Oak Bay; use, administration, and navigation—(1) Works to which regu- § 162.225 Columbia and Willamette lations apply. The ‘‘canal grounds’’ Rivers, Washington and Oregon; ad- when used in this paragraph shall mean ministration and navigation. that area between the south end of the (a) Supervision. The District Com- jetties in Oak Bay and the northerly mander, Thirteenth Coast Guard Dis- end of the dredge channel approxi- trict, has certain administrative super- mately 400 yards northwest of Port vision over the Columbia and Willam- Townsend Canal Light. The ‘‘canal’’ is ette Rivers, and is charged with the en- the water lying between these limits forcement under his direction of emer- and the banks containing the same.

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(2) Speed. The speed limit within the vessel, shall indicate that the water- canal grounds shall not exceed five way is clear. Two red lights, one miles per hour. vertically above the other, displayed (3) Signals. All boats desiring to use ahead of a vessel, shall indicate that the canal shall give one long and one the waterway is not clear. short whistle. Southbound boats shall (3) A vessel approaching the narrow sound the signal within 600 yards of section and drawbridges from either Port Townsend Canal Light. North- end of the waterway shall give one long bound boats shall sound this signal at blast of a whistle and shall not enter least 500 feet south from the end of the the narrow section until green lights jetties in Oak bay. If no other boat an- are displayed. swers the signal the first boat shall (4) One vessel may follow another have the right of way through the vessel in either direction, but the chan- canal. Any approaching boat that is in nel shall not be kept open in the same the canal shall answer by giving the direction for an unreasonable time if a same signal and the first boat shall not vessel is waiting at the other end. enter the canal until the second boat (5) Tugs, launches, and small craft shall have passed through the canal. In shall keep close to one side of the chan- the case of boats going in the same di- nel when vessels or boats with tows are rection the boat which is in the canal passing. shall not answer the signal of the boat (6) All craft shall proceed with cau- desiring to enter. tion. The display of a green light is not (4) Passing. Steamers shall not under a guarantee that the channel is clear of any circumstances attempt to pass traffic, and neither the United States each other in the canal, either when nor the City of Seattle will be respon- going in the same or opposite direc- sible for any damage to vessels or other tions. property which may be chargeable to (5) Anchoring. No steamers or boats mistakes in the operation of the signal shall anchor or tie up within the canal lights or to their failure to operate. grounds unless they are well over on NOTE: The Corps of Engineers also has reg- the tide flats to the west of the dredged ulations dealing with this section in 33 CFR channel, and off the right of way be- Part 207. longing to the United States. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as (6) Tows. No tow shall enter or pass amended by USCG–2008–0179, 73 FR 35016, through the canal with a towline more June 19, 2008] than 200 feet in length. (7) Delaying traffic. No person shall § 162.240 Tongass Narrows, Alaska; cause or permit any vessel or boat of navigation. which he is in charge, or on which he is (a) Definitions. The term ‘‘Tongass employed, to obstruct the canal in any Narrows’’ includes the body of water way or delay in passing through it. lying between Revillagigedo Channel (b) West Waterway, Seattle Harbor; and Guard Island in Clarence Strait. navigation. (1) The movement of vessels (b) No vessel, except for public law of 250 gross tons or over and all vessels enforcement and emergency response with tows of any kind through the nar- vessels, floatplanes during landings and row section of West Waterway between take-offs, and vessels of 23 feet reg- the bend at Fisher’s Flour Mill dock istered length or less, shall exceed a and the bend at the junction of East speed of 7 knots in the region of Waterway with Duwamish Waterway, Tongass Narrows bounded to the north and through the draws of the City of by Tongass Narrows Buoy 9 and to the Seattle and Northern Pacific Railway south by Tongass Narrows East Chan- Company bridges crossing this narrow nel Regulatory marker at position section, shall be governed by red and 55°19′22.0″ N, 131°36′40.5″ W and Tongass green traffic signal lights mounted on Narrows West Channel Regulatory the north and south sides of the west marker at position 55°19′28.5″ N, tower of the City Light power crossing 131°39′09.7″ W, respectively. at West Spokane Street. (c) No vessel shall while moored or at (2) Two green lights, one vertically anchor, or by slow passage or otherwise above the other, displayed ahead of a while underway, unreasonably obstruct

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the free passage and progress of other Narrows North Entrance Lighted Bell vessels. Buoy 63 and Midway Rock Light. (d) No vessel shall moor or anchor to (2) The term ‘‘raft section’’ refers to any structure of the United States a standard raft of logs or piling se- other than mooring piers, wharves, and curely fastened together for long tow- floats without the consent of the Com- ing in Alaska inland waters in the mander, Sector Juneau. manner customary with the local log- ging interests, i.e., with booms, [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as swifters, and tail sticks. It normally amended by CGD 77–217, 43 FR 60458, Dec. 28, 1978; CGD 82–039, 47 FR 27266, June 24, 1982; contains 30,000 to 70,000 feet board USCG–1998–3799, 63 FR 35532, June 30, 1998; measure of logs or piling and has a CGD17–99–002, 64 FR 29557, June 2, 1999, 64 FR width of 45 to 60 feet and a length of 75 32103, June 15, 1999; CGD 17–99–002, 65 FR to 100 feet. 18245, Apr. 7, 2000; USCG–2006–25556, 72 FR (b) Speed restrictions. No vessel shall 36328, July 2, 2007; USCG–2008–0179, 73 FR exceed a speed of seven (7) knots in the 35016, June 19, 2008] vicinity of Petersburg, between Wrangell Narrows Channel Light 58 and § 162.245 Kenai River, Kenai, Alaska; Wrangell Narrows Lighted Buoy 60. use, administration, and navigation. (c) Tow channel. The following route (a) The area. The main channel area shall be taken by all tows passing of the river, having a width of 150 feet, through Wrangell Narrows when the beginning at a point directly offshore towboat has a draft of 9 feet or less from the centerline of the city dock (northbound, read down; southbound, and extending about 2,200 feet up- read up): stream to a point 200 feet upstream from the Inlet Co. dock. East of Battery Islets: (b) The regulations. (1) Vessels may East of Tow Channel Buoy 1 TC. navigate, anchor, or moor within the East of Tow Channel Buoy 3 TC. area until such time as notification is West of Tow Channel Buoy 4 TC. received or observation is made of in- East of Colorado Reef: East of Wrangell Narrows Channel Light tended passage to or from the docking 21. areas. West of Wrangell Narrows Channel Lighted (2) Notice of anticipated passage of Buoy 25. towboats and barges shall be indicated East of Tow Channel Buoy 5 TC. 24 hours in advance by display of a red East of Tow Channel Buoy 7 TC. flag by the Inlet Co. from its ware- West of Petersburg: house. East of Wrangell Narrows Channel Light 54 Fr. § 162.250 Port Alexander, Alaska; East of Wrangell Narrows Channel Light 56 speed of vessels. Qk FR. (a) Definition. The term ‘‘Port Alex- East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to west side of ander’’ includes the entire inlet from channel and leaving Wrangell Narrows by its head to its entrance from Chatham making passage between Wrangell Nar- Strait. rows Channel Daybeacon 61 and Wrangell (b) Speed. The speed of all vessels of 5 Narrows North Entrance Lighted Bell tons or more gross, ships register, shall Buoy 63 F. not exceed 3 miles per hour either in (d) Size of tows. The maximum tows entering, leaving, or navigating within permitted shall be one pile driver, or Port Alexander, Alaska. three units of other towable equipment [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as or seven raft sections. amended by CGD 82–039, 47 FR 27266, June 24, (e) Arrangement of tows. (1) No towline 1982] or aggregate of towlines between towboat and separated pieces shall ex- § 162.255 Wrangell Narrows, Alaska; ceed 150 feet in length. use, administration, and navigation. (2) Raft and barge tows of more than (a) Definitions. (1) The term one unit shall not exceed 65 feet in ‘‘Wrangell Narrows’’ includes the en- width overall. Single barge tows shall tire body of water between Wrangell not exceed 100 feet in width overall.

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(3) Tows other than rafts shall be § 162.270 Restricted areas in vicinity taken alongside the towboat whenever of Maritime Administration Reserve possible. Fleets. (f) Anchorage. Vessels may anchor in (a) The regulations in this section the anchorage basin in the vicinity of shall govern the use and navigation of Anchor Point. No craft or tow shall be waters in the vicinity of the following anchored in Wrangell Narrows in either National Defense Reserve Fleets of the the main ship channel or the towing Maritime Administration, Department channel, nor shall any craft or tow be of Transportation: anchored so that it can swing into ei- (1) James River Reserve Fleet, Fort ther of these channels. Eustis, Virginia. (2) Beaumont Reserve Fleet, Neches (g) Disabled craft. Disabled craft in a River near Beaumont, Texas. condition of absolute necessity are ex- (3) Suisun Bay Reserve Fleet near empt from the regulations in this sec- Benicia, California. tion. (b) No vessels or other watercraft, ex- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as cept those owned or controlled by the amended by CGD 82–039, 47 FR 27266, June 24, United States Government, shall cruise 1982; CGD 94–026, 60 FR 63624, Dec. 12, 1995] or anchor between Reserve Fleet units within 500 feet of the end vessels in § 162.260 Channel leading to San Juan each Reserve Fleet unit, or within 500 Harbor, P.R.; use, administration, feet of the extreme units of the fleets, and navigation. unless specific permission of do so has (a) Steamers passing dredge engaged first been granted in each case by the in improving the channel shall not enforcing agency. (c) The regulations in this section have a speed greater than 4 miles an shall be enforced by the respective hour, and the propelling machinery Fleet Superintendents and such agen- shall be stopped when crossing the cies as they may designate. lines to the dredge anchors. (b) Vessels using the channel shall [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as pass the dredge on the side designated amended by CGD 86–053, 51 FR 43742, Dec. 4, 1986] from the dredge by the signals prescribed in paragraph (c) of this section. (c) Dredge shall display the red flag PART 163—TOWING OF BARGES by day and four white lights hung in a Sec. vertical line by night to indicate the 163.01 Application. passing side. 163.05 Tows of seagoing barges within in- (d) Vessels shall not anchor on the land waters. ranges of stakes or other marks placed 163.20 Bunching of tows. for the guidance of the dredge, nor in AUTHORITY: 33 U.S.C. 152, 2071; 49 CFR such a manner as to obstruct the chan- l.46(n). nel for passing vessels. § 163.01 Application. (e) Vessels shall not run over or disturb stake, lanterns, or other marks (a) The regulations in this part apply placed for the guidance of the dredge. to vessels navigating the harbors, rivers, and inland waters of the United (f) Dredges working in the prosecu- States, except the Great Lakes and tion of the work shall not obstruct the their connecting and tributary waters channel unnecessarily. as far east as Montreal, the Red River (g) The dredge will slack lines run- of the North, the Mississippi River and ning across the channel from the its tributaries above Huey P. Long dredge on the passing side, for passing Bridge, and that part of the vessels, when notified by signal, with Atchafalaya River above its junction whistle or horn. with the Plaquemine-Morgan City al- (h) The position of anchors of the ternate waterway. dredge shall be marked by buoys plain- (b) Seagoing barges and their towing ly visible to passing vessels. vessels shall be subject to the requirements in this part under the provisions

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of section 14 of the Act of May 28, 1908, 164.33 Charts and publications. as amended (sec. 14, 35 Stat. 428, as 164.35 Equipment: All vessels. amended; 33 U.S.C. 152). Under the pro- 164.37 Equipment: Vessels of 10,000 gross visions of section 15 of the Act of May tons or more. 164.38 Automatic radar plotting aids 28, 1908, as amended (sec. 15, 35 Stat. (ARPA). 429; 33 U.S.C. 153), the penalty for use of 164.39 Steering gear: Foreign tankers. an unlawful towline shall be an action 164.40 Devices to indicate speed and dis- against the master of the towing vessel tance. seeking the suspension or revocation of 164.41 Electronic position fixing devices. his license. 164.42 Rate of turn indicator. 164.43 Automatic Identification System [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as Shipborne Equipment—Prince William amended by CGFR 66–59, 31 FR 13647, Oct. 22, Sound. 1966. Redesignated by CGD 81–017, 46 FR 164.46 Automatic Identification System 28154, May 26, 1981] (AIS). 164.51 Deviations from rules: Emergency. § 163.05 Tows of seagoing barges with- 164.53 Deviations from rules and reporting: in inland waters. Non-operating equipment. (a) The tows of seagoing barges when 164.55 Deviations from rules: Continuing op- navigating the inland waters of the eration or period of time. United States shall be limited in 164.61 Marine casualty reporting and record retention. length to five vessels, including the 164.70 Definitions. towing vessel or vessels. 164.72 Navigational-safety equipment, [CGFR 60–61, 25 FR 9045, Sept. 21, 1960. Redes- charts or maps, and publications re- ignated by CGD 81–017, 46 FR 28154, May 26, quired on towing vessels. 1981] 164.74 Towline and terminal gear for towing astern. § 163.20 Bunching of tows. 164.76 Towline and terminal gear for towing alongside and pushing ahead. (a) In all cases where tows can be 164.78 Navigation under way: Towing ves- bunched, it should be done. sels. (b) Tows navigating in the North and 164.80 Tests, inspections, and voyage plan- East Rivers of New York must be ning. bunched above a line drawn between 164.82 Maintenance, failure, and reporting. Robbins Reef Light and Owls Head, AUTHORITY: 33 U.S.C. 1222(5), 1223, 1231; 46 Brooklyn, but the quarantine anchor- U.S.C. 2103, 3703; Department of Homeland age and the north entrance to Ambrose Security Delegation No. 0170.1 (75). Sec. Channel shall be avoided in the process 164.13 also issued under 46 U.S.C. 8502. Sec. of bunching tows. 164.61 also issued under 46 U.S.C. 6101. (c) Tows must be bunched above the mouth of the Schuylkill River, Pa. § 164.01 Applicability. (a) This part (except as specifically [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as limited by this section) applies to each amended by CGFR 64–21, 29 FR 5733, Apr. 30, 1964. Redesignated by CGD 81–017, 46 FR self-propelled vessel of 1600 or more 28154, May 26, 1981] gross tons (except as provided in paragraphs (c) and (d) of this section, or for PART 164—NAVIGATION SAFETY foreign vessels described in § 164.02) when it is operating in the navigable REGULATIONS waters of the United States except the St. Lawrence Seaway. Sec. 164.01 Applicability. (b) Sections 164.70 through 164.82 of 164.02 Applicability exception for foreign this part apply to each towing vessel of vessels. 12 meters (39.4 feet) or more in length 164.03 Incorporation by reference. operating in the navigable waters of 164.11 Navigation under way: General. the United States other than the St. 164.13 Navigation underway: tankers. Lawrence Seaway; except that a tow- 164.15 Navigation bridge visibility. ing vessel is exempt from the require- 164.19 Requirements for vessels at anchor. 164.25 Tests before entering or getting un- ments of § 164.72 if it is— derway. (1) Used solely within a limited geo- 164.30 Charts, publications, and equipment: graphic area, such as a fleeting-area for General. barges or a commercial facility, and

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used solely for restricted service, such other than that specified in paragraph as making up or breaking up larger (b) of this section, the Coast Guard tows; must publish notice of change in the (2) Used solely for assistance towing FEDERAL REGISTER and the material as defined by 46 CFR 10.103; must be available to the public. All ap- (3) Used solely for pollution response; proved material is available for inspec- or tion at the Navigation Systems Divi- (4) Any other vessel exempted by the sion (CG-5413), Coast Guard Head- Captain of the Port (COTP). The COTP, quarters, 2100 Second Street, SW., upon written request, may, in writing, Washington, DC 20593–0001 and at the exempt a vessel from § 164.72 for a spec- National Archives and Records Admin- ified route if he or she decides that ex- istration (NARA). For information on empting it would not allow its unsafe the availability of this material at navigation under anticipated condi- NARA, call 202–741–6030, or go to: http:// tions. www.archives.gov/federallregister/ (c) Provisions of §§ 164.11(a)(2) and (c), codeloflfederallregulations/ 164.30, 164.33, and 164.46 do not apply to ibrllocations.html. All approved mate- warships or other vessels owned, rial is available from the sources indi- leased, or operated by the United cated in paragraph (b) of this section. States Government and used only in (b) The materials approved for incor- government noncommercial service poration by reference in this part and when these vessels are equipped with the sections affected are as follows: electronic navigation systems that have met the applicable agency regula- American Petroleum Institute (API), 1220 L Street NW., Washington, tions regarding navigation safety. DC 20005 (d) Provisions of § 164.46 apply to API Specification 9A, Specifica- some self-propelled vessels of less than tion for Wire Rope, Section 3, 1600 gross tonnage. Properties and Tests for Wire [CGD 83–004, 49 FR 43466, Oct. 29, 1984, as and Wire Rope, May 28, 1984 ..... 164.74 amended by CGD 94–020, 61 FR 35072, July 3, American Society for Testing and Ma- 1996; USCG–2000–8300, 66 FR 21864, May 2, 2001; terials (ASTM), 100 Barr Harbor USCG–2003–14757, 68 FR 39367, July 1, 2003] Drive, West Conshohocken, PA 19428-2959 § 164.02 Applicability exception for ASTM D4268–93, Standard Test foreign vessels. Method for Testing Fiber Ropes 164.74 Cordage Institute, 350 Lincoln (a) Except as provided in § 164.46(a)(2) Street, Hingham, MA 02043 of this part, including §§ 164.38 and CIA–3, Standard Test Methods for 164.39, this part does not apply to ves- Fiber Rope Including Standard sels that: Terminations, Revised, June (1) Are not destined for, or departing 1980 ...... 164.74 from, a port or place subject to the ju- International Electrotechnical Com- risdiction of the United States; and mission (IEC), 3, rue de Varemb, (2) Are in: Geneva, Switzerland. (i) Innocent passage through the ter- IEC 61993–2, Maritime navigation ritorial sea of the United States; or and radiocommunication equip- (ii) Transit through navigable waters ment and systems—Automatic of the United States which form a part identification systems (AIS)— part 2: Class A shipborne equip- of an international strait. ment of the universal auto- [CGD 77–063, 44 FR 66530, Nov. 19, 1979, as matic identification system amended by CGD 79–148, 45 FR 54039, Aug. 14, (AIS)—Operational and per- 1980; USCG–2003–14757, 68 FR 39367, July 1, formance requirements, meth- 2003; 68 FR 60569, Oct. 22, 2003] ods of test and required test results First edition, 2001–12 ...... 164.46 § 164.03 Incorporation by reference. International Maritime Organization (IMO), 4 Albert Embankment, (a) Certain material is incorporated London SE1 7SR, U.K. by reference into this part with the ap- IMO Resolution A342(IX), Rec- proval of the Director of the Federal ommendation on Performance Register under 5 U.S.C. 552(a) and 1 Standards for Automatic Pi- CFR part 51. To enforce any edition lots, adopted November 12, 1975 164.13

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Resolution MSC.74(69), Annex 3, (4) RTCM Paper 191–93/SC112–X, Recommendation on Perform- RTCM Recommended Stand- ance Standards for a Universal ards for Maritime Radar Equip- Shipborne Automatic Identi- ment Installed on Ships of 300 fication System (AIS), adopted Tons Gross Tonnage and Up- May 12, 1998 ...... 164.46 wards, Version 1.2, December SN/Circ.227, Guidelines for the In- 20, 1993 ...... 164.72 stallation of a Shipborne Auto- matic Identification System [CGD 91–203, 58 FR 27632, May 10, 1993, as (AIS), dated January 6, 2003 ..... 164.46 amended by CGD 83–043, 60 FR 24771, May 10, SOLAS, International Conven- 1995; CGD 93–022, 60 FR 51734, Oct. 3, 1995; tion for Safety of Life at Sea, CGD 96–026, 61 FR 33669, June 28, 1996; CGD 1974, and 1988 Protocol relating 94–020, 61 FR 35072, July 3, 1996; USCG–1999– thereto, 2000 Amendments, ef- 5151, 64 FR 67176, Dec. 1, 1999; USCG–2002– fective January and July 2002, 12471, 67 FR 41333, June 18, 2002; USCG–2003– (SOLAS 2000 Amendments) ...... 164.46 14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003; 69 FR 18803, Apr. 9, 2004; USCG– Conference resolution 1, Adop- 2004–18057, 69 FR 34926, June 23, 2004; USCG– tion of amendments to the 2008–0179, 73 FR 35016, June 19, 2008] Annex to the International Convention for the Safety of § 164.11 Navigation under way: Gen- Life at Sea, 1974, and amend- eral. ments to Chapter V of SOLAS 1974, adopted December 12, 2002 164.46 The owner, master, or person in International Telecommunication charge of each vessel underway shall Union Radiocommuni- cation Bu- ensure that: reau (ITU-R), Place de Nations (a) The wheelhouse is constantly CH–1211 Geneva 20 Switzerland manned by persons who: (1) ITU-R Recommendation (1) Direct and control the movement M.821, Optional Expansion of of the vessel; and the Digital Selective-Calling (2) Fix the vessel’s position; System for Use in the Maritime (b) Each person performing a duty de- Mobile Service, 1992 ...... 164.43 scribed in paragraph (a) of this section (2) ITU-R Recommendation M.825, Characteristics of a is competent to perform that duty; Transponder System Using Dig- (c) The position of the vessel at each ital Selective-Calling Tech- fix is plotted on a chart of the area and niques for Use with Vessel the person directing the movement of Traffic Services and Ship-to- the vessel is informed of the vessel’s Ship Identification, 1992 ...... 164.43 position; ITU-R Recommendation M.1371–1, (d) Electronic and other navigational Technical characteristics for a equipment, external fixed aids to navi- universal shipborne automatic gation, geographic reference points, identification system using and hydrographic contours are used time division multiple access in the VHF maritime mobile when fixing the vessel’s position; band, 1998–2001 ...... 164.46 (e) Buoys alone are not used to fix Radio Technical Commission for Mar- the vessel’s position; itime Services, 655 Fifteenth NOTE: Buoys are aids to navigation placed Street, NW., Suite 300, Wash- in approximate positions to alert the mar- ington, DC 20005 iner to hazards to navigation or to indicate (1) RTCM Paper 12–78/DO–100, the orientation of a channel. Buoys may not Minimum Performance Stand- maintain an exact position because strong or ards, Loran C Receiving Equip- varying currents, heavy seas, ice, and colli- ment, 1977 ...... 164.41 sions with vessels can move or sink them or (2) RTCM Paper 194–93/SC104– set them adrift. Although buoys may cor- STD, RTCM Recommended roborate a position fixed by other means, Standards for Differential buoys cannot be used to fix a position: how- NAVSTAR GPS Service, ever, if no other aids are available, buoys Version 2.1, 1994 ...... 164.43 alone may be used to establish an estimated position. (3) RTCM Paper 71–95/SC112–STD, RTCM Recommended Stand- (f) The danger of each closing visual ards for Marine Radar Equip- or each closing radar contact is evalu- ment Installed on Ships of Less ated and the person directing the Than 300 Tons Gross Tonnage, movement of the vessel knows the Version 1.1, October 10, 1995 ...... 164.72 evaluation; 631

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(g) Rudder orders are executed as (s) Upon entering U.S. waters, the given; steering wheel or lever on the navi- (h) Engine speed and direction orders gating bridge is operated to determine are executed as given; if the steering equipment is operating (i) Magnetic variation and deviation properly under manual control, unless and gyrocompass errors are known and the vessel has been steered under man- correctly applied by the person direct- ual control from the navigating bridge ing the movement of the vessel; within the preceding 2 hours, except (j) A person whom he has determined when operating on the Great Lakes and is competent to steer the vessel is in their connecting and tributary waters. the wheelhouse at all times; 1 (t) At least two of the steering-gear (k) If a pilot other than a member of power units on the vessel are in oper- the vessel’s crew is employed, the pilot ation when such units are capable of si- is informed of the draft, maneuvering multaneous operation, except when the characteristics, and peculiarities of the vessel is sailing on the Great Lakes vessel and of any abnormal cir- and their connecting and tributary wa- cumstances on the vessel that may af- ters, and except as required by para- fect its safe navigation. graph (u) of this section. (l) Current velocity and direction for (u) On each passenger vessel meeting the area to be transited are known by the requirements of the International the person directing the movement of Convention for the Safety of Life at the vessel; Sea, 1960 (SOLAS 60) and on each cargo (m) Predicted set and drift are known vessel meeting the requirements of by the person directing movement of SOLAS 74 as amended in 1981, the num- the vessel; ber of steering-gear power units nec- (n) Tidal state for the area to be essary to move the rudder from 35° on transited is known by the person di- either side to 30° on the other in not recting movement of the vessel; more than 28 seconds must be in simul- (o) The vessel’s anchors are ready for taneous operation. letting go; (p) The person directing the move- [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as ment of the vessel sets the vessel’s amended by CGD 83–004, 49 FR 43466, Oct. 29, speed with consideration for: 1984; CGD 91–203, 58 FR 27633, May 10, 1993; CGD 83–043, 60 FR 24771, May 10, 1995] (1) The prevailing visibility and weather conditions; § 164.13 Navigation underway: tankers. (2) The proximity of the vessel to fixed shore and marine structures; (a) As used in this section, ‘‘tanker’’ (3) The tendency of the vessel under- means a self-propelled tank vessel, in- way to squat and suffer impairment of cluding integrated tug barge combina- maneuverability when there is small tions, constructed or adapted primarily underkeel clearance; to carry oil or hazardous material in (4) The comparative proportions of bulk in the cargo spaces and inspected the vessel and the channel; and certificated as a tanker. (5) The density of marine traffic; (b) Each tanker must have an engi- (6) The damage that might be caused neering watch capable of monitoring by the vessel’s wake; the propulsion system, communicating (7) The strength and direction of the with the bridge, and implementing current; and manual control measures immediately (8) Any local vessel speed limit; when necessary. The watch must be (q) The tests required by § 164.25 are physically present in the machinery made and recorded in the vessel’s log; spaces or in the main control space and and must consist of at least a licensed engi- (r) The equipment required by this neer. part is maintained in operable condi- (c) Each tanker must navigate with tion. at least two licensed deck officers on watch on the bridge, one of whom may 1 See also 46 U.S.C. 8702(d), which requires be a pilot. In waters where a pilot is re- an able seaman at the wheel on U.S. vessels quired, the second officer, must be an of 100 gross tons or more in narrow or crowd- individual licensed and assigned to the ed waters during low visibility. vessel as master, mate, or officer in

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charge of a navigational watch, who is ship lengths or 500 meters (1640 feet) separate and distinct from the pilot. from dead ahead to 10 degrees on either (d) Except as specified in paragraph side of the vessel. Within this arc of (e) of this section, a tanker may oper- visibility any blind sector caused by ate with an auto pilot engaged only if cargo, cargo gear, or other permanent all of the following conditions exist: obstruction must not exceed 5 degrees. (1) The operation and performance of (2) From the conning position, the the automatic pilot conforms with the horizontal field of vision must extend standards recommended by the Inter- over an arc from at least 22.5 degrees national Maritime Organization in IMO abaft the beam on one side of the ves- Resolution A.342(IX). sel, through dead ahead, to at least 22.5 (2) A qualified helmsman is present degrees abaft the beam on the other at the helm and prepared at all times side of the vessel. Blind sectors forward to assume manual control. (3) The tanker is not operating in any of the beam caused by cargo, cargo of the following areas: gear, or other permanent obstruction (i) The areas of the traffic separation must not exceed 10 degrees each, nor schemes specified in subchapter P of total more than 20 degrees, including this chapter. any blind sector within the arc of visi- (ii) The portions of a shipping safety bility described in paragraph (a)(1) of fairway specified in part 166 of this this section. chapter. (3) From each bridge wing, the field (iii) An anchorage ground specified in of vision must extend over an arc from part 110 of this chapter. at least 45 degrees on the opposite bow, (iv) An area within one-half nautical through dead ahead, to at least dead mile of any U.S. shore. astern. (e) A tanker equipped with an inte- (4) From the main steering position, grated navigation system, and com- the field of vision must extend over an plying with paragraph (d)(2) of this sec- arc from dead ahead to at least 60 de- tion, may use the system with the auto grees on either side of the vessel. pilot engaged while in the areas de- (b) A clear view must be provided scribed in paragraphs (d)(3) (i) and (ii) through at least two front windows at of this section. The master shall pro- all times regardless of weather condi- vide, upon request, documentation tions. showing that the integrated navigation system— [CGD 85–099, 55 FR 32247, Aug. 8, 1990, as (1) Can maintain a predetermined amended by USCG–2006–25150, 71 FR 39211, trackline with a cross track error of July 12, 2006] less than 10 meters 95 percent of the time; § 164.19 Requirements for vessels at (2) Provides continuous position data anchor. accurate to within 20 meters 95 percent The master or person in charge of of the time; and each vessel that is anchored shall en- (3) Has an immediate override con- sure that: trol. (a) A proper anchor watch is main- [CGD 91–203, 58 FR 27633, May 10, 1993, as tained; amended by CGD 91–203, 58 FR 36141, July 6, (b) Procedures are followed to detect 1993] a dragging anchor; and (c) Whenever weather, tide, or cur- § 164.15 Navigation bridge visibility. rent conditions are likely to cause the (a) The arrangement of cargo, cargo vessel’s anchor to drag, action is taken gear, and trim of all vessels entering or to ensure the safety of the vessel, departing from U.S. ports must be such structures, and other vessels, such as that the field of vision from the navi- being ready to veer chain, let go a sec- gation bridge conforms as closely as ond anchor, or get underway using the possible to the following requirements: vessel’s own propulsion or tug assist- (1) From the conning position, the ance. view of the sea surface must not be ob- scured by more than the lesser of two [CGD 74–77, 42 FR 5956, Jan. 31, 1977]

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§ 164.25 Tests before entering or get- (d) No vessel may enter, or be oper- ting underway. ated on the navigable waters of the (a) Except as provided in paragraphs United States unless the emergency (b) and (c) of this section no person steering drill described below has been may cause a vessel to enter into or get conducted within 48 hours prior to underway on the navigable waters of entry and logged in the vessel logbook, the United States unless no more than unless the drill is conducted and logged 12 hours before entering or getting un- on a regular basis at least once every derway, the following equipment has three months. This drill must include been tested: at a minimum the following: (1) Primary and secondary steering (1) Operation of the main steering gear. The test procedure includes a vis- gear from within the steering gear ual inspection of the steering gear and compartment. its connecting linkage, and, where ap- (2) Operation of the means of commu- plicable, the operation of the following: nications between the navigating (i) Each remote steering gear control bridge and the steering compartment. system. (3) Operation of the alternative power (ii) Each steering position located on supply for the steering gear if the ves- the navigating bridge. sel is so equipped. (iii) The main steering gear from the (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR alternative power supply, if installed. 1.46(n)(4)) (iv) Each rudder angle indicator in [CGD 77–183, 45 FR 18925, Mar. 24, 1980, as relation to the actual position of the amended by CGD 83–004, 49 FR 43466, Oct. 29, rudder. 1984] (v) Each remote steering gear control system power failure alarm. § 164.30 Charts, publications, and (vi) Each remote steering gear power equipment: General. unit failure alarm. No person may operate or cause the (vii) The full movement of the rudder operation of a vessel unless the vessel to the required capabilities of the has the marine charts, publications, steering gear. and equipment as required by §§ 164.33 (2) All internal vessel control com- through 164.41 of this part. munications and vessel control alarms. [CGD 82–055, 48 FR 44535, Sept. 29, 1983] (3) Standby or emergency generator, for as long as necessary to show proper § 164.33 Charts and publications. functioning, including steady state temperature and pressure readings. (a) Each vessel must have the fol- (4) Storage batteries for emergency lowing: lighting and power systems in vessel (1) Marine charts of the area to be control and propulsion machinery transited, published by the National spaces. Ocean Service, U.S. Army Corps of En- (5) Main propulsion machinery, ahead gineers, or a river authority that— and astern. (i) Are of a large enough scale and (b) Vessels navigating on the Great have enough detail to make safe navi- Lakes and their connecting and tribu- gation of the area possible; and tary waters, having once completed the (ii) Are currently corrected. test requirements of this subpart, are (2) For the area to be transited, a considered to remain in compliance currently corrected copy of, or applica- until arriving at the next port of call ble currently corrected extract from, on the Great Lakes. each of the following publications: (c) Vessels entering the Great Lakes (i) U.S. Coast Pilot. from the St. Lawrence Seaway are con- (ii) Coast Guard Light List. sidered to be in compliance with this (3) For the area to be transited, the sub-part if the required tests are concurrent edition of, or applicable cur- ducted preparatory to or during the rent extract from: passage of the St. Lawrence Seaway or (i) Tide tables published by private within one hour of passing Wolfe Is- entities using data provided by the Na- land. tional Ocean Service.

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(ii) Tidal current tables published by (g) The following maneuvering infor- private entities using data provided by mation prominently displayed on a fact the National Ocean Service, or river sheet in the wheelhouse: current publication issued by the U.S. (1) A turning circle diagram to port Army Corps of Engineers, or a river au- and starboard that shows the time and thority. distance and advance and transfer re- (b) As an alternative to the require- quired to alter course 90 degrees with ments for paragraph (a) of this section, maximum rudder angle and constant a marine chart or publication, or appli- power settings, for either full and half cable extract, published by a foreign speeds, or for full and slow speeds. For government may be substituted for a vessels whose turning circles are essen- U.S. chart and publication required by tially the same for both directions, a this section. The chart must be of large diagram showing a turning circle in enough scale and have enough detail to one direction, with a note on the dia- make safe navigation of the area pos- gram stating that turns to port and sible, and must be currently corrected. starboard are essentially the same, The publication, or applicable extract, may be substituted. must singly or in combination contain (2) The time and distance to stop the similar information to the U.S. Gov- vessel from either full and half speeds, ernment publication to make safe navi- or from full and slow speeds, while gation of the area possible. The publi- maintaining approximately the initial cation, or applicable extract must be heading with minimum application of currently corrected, with the excep- the rudder. tions of tide and tidal current tables, (3) For each vessel with a fixed pro- which must be the current editions. peller, a table of shaft revolutions per (c) As used in this section, ‘‘currently minute for a representative range of corrected’’ means corrected with speeds. changes contained in all Notices to (4) For each vessel with a control- Mariners published by the National Im- lable pitch propeller, a table of control agery and Mapping Agency, or an settings for a representative range of equivalent foreign government publica- speeds. tion, reasonably available to the ves- (5) For each vessel that is fitted with sel, and that is applicable to the ves- an auxiliary device to assist in maneu- sel’s transit. vering, such as a bow thruster, a table [CGD 82–055, 48 FR 44535, Sept. 29, 1983, as of vessel speeds at which the auxiliary amended by USCG–2001–9286, 66 FR 33641, device is effective in maneuvering the June 25, 2001] vessel. (6) The maneuvering information for § 164.35 Equipment: All vessels. the normal load and normal ballast Each vessel must have the following: condition for: (a) A marine radar system for surface (i) Calm weather—wind 10 knots or navigation. less, calm sea; (b) An illuminated magnetic steering (ii) No current; compass, mounted in a binnacle, that (iii) Deep water conditions—water can be read at the vessel’s main steer- depth twice the vessel’s draft or great- ing stand. er; and (c) A current magnetic compass devi- (iv) Clean hull. ation table or graph or compass com- parison record for the steering com- (7) At the bottom of the fact sheet, pass, in the wheelhouse. the following statement: (d) A gyrocompass. WARNING (e) An illuminated repeater for the gyrocompass required by paragraph (d) The response of the (name of the vessel) of this section that is at the main may be different from that listed above if any of the following conditions, upon which steering stand, unless that gyro- the maneuvering information is based, are compass is illuminated and is at the varied: main steering stand. (1) Calm weather—wind 10 knots or less, (f) An illuminated rudder angle indi- calm sea; cator in the wheelhouse. (2) No current;

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(3) Water depth twice the vessel’s draft or § 164.37 Equipment: Vessels of 10,000 greater; gross tons or more. (4) Clean hull; and (a) Each vessel of 10,000 gross tons or (5) Intermediate drafts or unusual trim. more must have, in addition to the (h) An echo depth sounding device. radar system under § 164.35(a), a second (i) A device that can continuously marine radar system that operates record the depth readings of the ves- independently of the first. sel’s echo depth sounding device, ex- NOTE: Independent operation means two cept when operating on the Great completely separate systems, from separate branch power supply circuits or distribution Lakes and their connecting and tribu- panels to antennas, so that failure of any tary waters. component of one system will not render the (j) Equipment on the bridge for plot- other system inoperative. ting relative motion. (b) On each tanker of 10,000 gross tons (k) Simple operating instructions or more that is subject to 46 U.S.C. with a block diagram, showing the 3708, the dual radar system required by change-over procedures for remote this part must have a short range capa- steering gear control systems and bility and a long range capability; and steering gear power units, permanently each radar must have true north fea- displayed on the navigating bridge and tures consisting of a display that is in the steering gear compartment. stabilized in azimuth. (l) An indicator readable from the (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. centerline conning position showing 1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4)) the rate of revolution of each propeller, [CGD 77–016, 43 FR 32112, July 24, 1978, as except when operating on the Great amended by CGD 79–033, 44 FR 26741, May 7, Lakes and their connecting and tribu- 1979; CGD 79–033, 47 FR 34389, Aug. 9, 1982; tary waters. USCG–1998–3799, 63 FR 35532, June 30, 1998] (m) If fitted with controllable pitch § 164.38 Automatic radar plotting aids propellers, an indicator readable from (ARPA). the centerline conning position show- (a) The following definitions are used ing the pitch and operational mode of in this section— such propellers, except when operating Bulk means material in any quantity on the Great Lakes and their con- that is shipped, stored, or handled necting and tributary waters. without benefit of package, label, mark (n) If fitted with lateral thrust pro- or count and carried in integral or pellers, an indicator readable from the fixed independent tanks. centerline conning position showing Constructed means a stage of con- the direction and amount of thrust of struction where— such propellers, except when operating (1) The keel is laid; on the Great Lakes and their con- (2) Construction identifiable with a necting and tributary waters. specific ship begins; or (o) A telephone or other means of (3) Assembly of that ship has com- communication for relaying headings menced comprising at least 50 tons or 1 to the emergency steering station. percent of the estimated mass of all Also, each vessel of 500 gross tons and structural material, whichever is less. over and constructed on or after June Hazardous material means— 9, 1995 must be provided with arrange- (1) A flammable liquid as defined in ments for supplying visual compass- 46 CFR 30.10–22 or a combustible liquid readings to the emergency steering sta- as defined in 46 CFR 30.10–15; tion. (2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of 46 CFR 153, or (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR table 4 of 46 CFR Part 154; or 1.46(n)(4)) (3) A liquid, liquefied gas, or com- [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as pressed gas listed in 49 CFR 172.101. amended by CGD 77–183, 45 FR 18925, Mar. 24, Self-propelled vessel includes those 1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984; combinations of pushing vessel and CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR vessel being pushed ahead which are 28834, June 2, 1995] rigidly connected in a composite unit

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and are required by Rule 24(b) of the ‘‘This device was designed and manu- International Regulations for Pre- factured to comply with the Inter- venting Collisions at Sea, 1972 (72 national Maritime Organization (IMO) COLREGS) (App. A to 33 CFR Part 81) ‘Performance Standards for Automatic to exhibit the lights prescribed in Rule Radar Plotting Aids (ARPA).’ ’’ 23 for a ‘‘Power Driven Vessel Under- (2) Each device allowed under para- way’’. graph (c) of this section must have a Tank vessel means a vessel that is permanently affixed label containing; constructed or adapted to carry; or car- (i) The name and address of the man- ries, oil or hazardous materials in bulk ufacturer; and as cargo or cargo residue. (ii) The following statement: (b) An Automatic Radar Plotting Aid ‘‘This device was designed and manu- (ARPA) that complies with the stand- factured to comply with the U.S. Mari- ard for such devices adopted by the time Administration’s ‘Collision International Maritime Organization Avoidance System Specification.’ ’’ in its ‘‘Operational Standards for Auto- APPENDIX A TO § 164.38—PERFORMANCE STAND- matic Radar Plotting Aids’’ (Appendix ARDS FOR AUTOMATIC RADAR PLOTTING AIDS A), and that has both audible and vis- (ARPA) ual alarms, must be installed as follows: 1 Introduction (1) Each self-propelled vessel, except 1.1 The Automatic Radar Plotting Aids a public vessel, of 10,000 gross tons or (ARPA) should, in order to improve the more carrying oil or hazardous mate- standard of collision avoidance at sea: rials in bulk as cargo or in residue on .1 Reduce the work-load of observers by the navigable waters of the United enabling them to automatically obtain infor- States, or which transfers oil or haz- mation so that they can perform as well with multiple targets as they can by manually ardous materials in any port or place plotting a single target; and subject to the jurisdiction of the .2 Provide continuous, accurate and rapid United States, must be equipped with situation evaluation. an ARPA. 1.2 In addition to the General Require- (2) Each tank vessel of 10,000 gross ments for Electronic Navigational Aids tons or more operating on the navi- ([IMO] Res. A.281(VII)), the ARPA should gable waters of the United States must comply with the following minimum per- be equipped with an ARPA. formance standards. (3) Each self-propelled vessel of 15,000 2 Definitions gross tons or more that is not a tank vessel, and is not carrying oil or haz- 2.1 Definitions of terms in these perform- ardous material in bulk as cargo or in ance standards are given in Annex 1. residue operating on the navigable wa- 3 Performance Standards ters of the United States, and was con- 3.1 Detection structed before September 1, 1984, must 3.1.1 Where a separate facility is provided be equipped with an ARPA, except for detection of targets, other than by the when it is operating on the Great radar observer, it should have a performance Lakes and their connecting and tribu- not inferior to that which could be obtained tary waters. by the use of the radar display. (4) Each vessel of 10,000 gross tons or 3.2 Acquisition more, except when operating on the 3.2.1 Target acquisition may be manual or Great Lakes and their connecting and automatic. However, there should always be a facility to provide for manual acquisition tributary waters, constructed on or and cancellation. ARPA with automatic ac- after September 1, 1984 must be quisition should have a facility to suppress equipped with an ARPA. acquisition in certain areas. On any range (c) [Reserved] scale where acquisition is suppressed over a (d)(1) Each device required under certain area, the area of acquisition should paragraph (b) of this section must have be indicated on the display. a permanently affixed label containing: 3.2.2 Automatic or manual acquisition should have a performance not inferior to (i) The name and address of the man- that which could be obtained by the user of ufacturer; and the radar display. (ii) The following statement: 3.3 Tracking

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3.3.1 The ARPA should be able to auto- display. If true motion is provided, the oper- matically track, process, simultaneously dis- ator should be able to select for his display play and continuously update the informa- either true or relative motion. There should tion on at least: be a positive indication of the display mode .1 20 targets, if automatic acquisition is and orientation in use. provided, whether automatically or manu- 3.4.7 The course and speed information ally acquired; or generated by the ARPA for acquired targets .2 10 targets, if only manual acquisition is should be displayed in a vector or graphic provided. form which clearly indicates the target’s 3.3.2 If automatic acquisition is provided, predicted motion. In this regard: description of the criteria of selection of tar- .1 ARPA presenting predicted information gets for tracking should be provided to the in vector form only should have the option of user. If the ARPA does not track all targets both true and relative vectors; visible on the display, targets which are .2 An ARPA which is capable of pre- being tracked should be clearly indicated on senting target course and speed information the display. The reliability of tracking in graphic form, should also, on request, pro- should not be less than that obtainable using vide the target’s true and/or relative vector; manual recording of successive target posi- .3 Vectors displayed should be either time tions obtained from the radar display. adjustable or have a fixed time-scale; 3.3.3 Provided the target is not subject to .4 A positive indication of the time-scale target swop, the ARPA should continue to of the vector in use should be given. track an acquired target which is clearly dis- 3.4.8 The ARPA information should not tinguishable on the display for 5 out of 10 obscure radar information in such a manner consecutive scans. as to degrade the process of detecting tar- 3.3.4 The possibility of tracking errors, in- gets. The display of ARPA data should be cluding target swop, should be minimized by under the control of the radar observer. It ARPA design. A qualitative description of should be possible to cancel the display of the effects of error sources on the automatic unwanted ARPA data. tracking and corresponding errors should be 3.4.9 Means should be provided to adjust provided to the user, including the effects of independently the brilliance of the ARPA low signal to noise and low signal to clutter data and radar data, including complete ratios caused by sea returns, rain, snow, low elimination of the ARPA data. clouds and non-synchronous emission. 3.4.10 The method of presentation should 3.3.5 The ARPA should be able to display ensure that the ARPA data is clearly visible on request at least four equally time-spaced in general to more than one observer in the past positions of any targets being tracked conditions of light normally experienced on over a period of at least eight minutes. the bridge of a ship by day and by night. 3.4 Display Screening may be provided to shade the dis- 3.4.1 The Display may be a separate or in- play from sunlight but not to the extent that tegral part of the ship’s radar. However, the it will impair the observer’s ability to main- ARPA display should include all the data re- tain a proper lookout. Facilities to adjust quired to be provided by a radar display in the brightness should be provided. accordance with the performance standards 3.4.11 Provisions should be made to obtain for navigational radar equipment adopted by quickly the range and bearing of any object the Organization. which appears on the ARPA display. 3.4.2 The design should be such that any 3.4.12 When a target appears on the radar malfunction of ARPA parts producing infor- display and, in the case of automatic acquisi- mation additional to information to be pro- tion, enters within the acquisition area cho- duced by the radar as required by the per- sen by the observer or, in the case of manual formance standards for navigational equip- acquisition, has been acquired by the ob- ment adopted by IMO should not affect the server, the ARPA should present in a period integrity of the basic radar presentation. of not more than one minute an indication of 3.4.3 The display on which ARPA informa- the target’s motion trend and display within tion is presented should have an effective di- three minutes the target’s predicted motion ameter of at least 340 mm. in accordance with paragraphs 3.4.7, 3.6, 3.8.2 3.4.4 The ARPA facilities should be avail- and 3.8.3. able on at least the following range scales: 3.4.13 After changing range scales on .1 12 or 16 miles; which the ARPA facilities are available or .2 3 or 4 miles. resetting the display, full plotting informa- 3.4.5 There should be a positive indication tion should be displayed within a period of of the range scale in use. time not exceeding four scans. 3.4.6 The ARPA should be capable of oper- 3.5 Operational Warnings ating with a relative motion display with 3.5.1 The ARPA should have the capa- ‘‘north-up’’ and either ‘‘head-up’’ or ‘‘course- bility to warn the observer with a visual and/ up’’ azimuth stabilization. In addition, the or audible signal of any distinguishable tar- ARPA may also provide for a true motion get which closes to a range or transits a zone

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chosen by the observer. The target causing the updating of target information. The sim- the warning should be clearly indicated on ulation should be initiated by the depression the display. either of a spring-loaded switch, or of a func- 3.5.2 The ARPA should have the capa- tion key, with a positive identification on bility to warn the observer with a visual and/ the display. or audible signal of any tracked target which 3.8 Accuracy is predicted to close to within a minimum 3.8.1 The ARPA should provide accuracies range and time chosen by the observer. The not less than those given in paragraphs 3.8.2 target causing the warning should be clearly and 3.8.3 for the four scenarios defined in indicated on the display. Annex 2. With the sensor errors specified in 3.5.3 The ARPA should clearly indicate if Annex 3, the values given relate to the best a tracked target is lost, other than out of possible manual plotting performance under range, and the target’s last tracked position environmental conditions of plus and minus should be clearly indicated on the display. ten degrees of roll. 3.5.4 It should be possible to activate or 3.8.2 An ARPA should present within one de-activate the operational warnings. minute of steady state tracking the relative 3.6 Data Requirements motion trend of a target with the following 3.6.1 At the request of the observer the accuracy values (95 percent probability val- following information should be immediately ues): available from the ARPA in alphanumeric form in regard to any tracked target: Relative Relative 1. Present range to the target; Scenario/data course (de- speed CPA (n.m.) grees) (Knots) 2. Present bearing of the target;. .3 Predicted target range at the closest 1 ...... 11 2.8 1.6 point of approach (CPA); 2 ...... 7 0.6 ...... 4 Predicted time to CPA (TCPA); 3 ...... 14 2.2 1.8 .5 Calculated true course of target; 4 ...... 15 1.5 2.0 .6 Calculated true speed of target. 3.7 Trial Manoeuvre 3.8.3 An ARPA should present within 3.7.1 The ARPA should be capable of sim- three minutes of steady state tracking the ulating the effect on all tracked targets of motion of a target with the following accu- an own ship manoeuvre without interrupting racy values (95 percent probability values):

Relative Relative True True Scenario/data course speed C.P.A. TCPA course speed (degrees) (knots) (n.m.) (mins) (degrees) (knots)

1 ...... 3.0 0.8 0.5 1.0 7.5 1.2 2 ...... 2.3 .3 ...... 2.9 .8 3 ...... 4.4 .9 .7 1.0 3.3 1.0 4 ...... 4.6 .8 .7 1.0 2.6 1.2

3.8.4 When a tracked target, or own ship, the system. Additionally test programmes has completed a manoeuvre, the system should be available so that the overall per- should present in a period of not more than formance of ARPA can be assessed periodi- one minute an indication of the target’s mo- cally against a known solution. tion trend, and display within three minutes 3.11 Equipment used with ARPA the target’s predicted motion in accordance 3.11.1 Log and speed indicators providing with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3 inputs to ARPA equipment should be capable 3.8.5 The ARPA should be designed in of providing the ship’s speed through the such a manner that under the most favorable water. conditions of own ship motion the error con- tribution from the ARPA should remain in- ANNEX 1 TO APPENDIX A TO § 164.38—DEFINI- significant compared to the errors associated TIONS OF TERMS TO BE USED ONLY IN CON- with the input sensors, for scenarios of NECTION WITH ARPA PERFORMANCE STAND- Annex 2. ARDS 3.9 Connections with other equipment 3.9.1 The ARPA should not degrade the Relative course—The direction of motion performance of any equipment providing sen- of a target related to own ship as deduced sor inputs. The connection of the ARPA to from a number of measurements of its range any other equipment should not degrade the and bearing on the radar. Expressed as an an- performance of that equipment. gular distance from North. 3.10 Performance test and warnings Relative speed—The speed of a target re- 3.10.1 The ARPA should provide suitable lated to own ship, as deduced from a number warnings of ARPA malfunction to enable the of measurements of its range and bearing on observer to monitor the proper operation of the radar.

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True course—The apparent heading of a fined after previously tracking for the appro- target obtained by the vectorial combination priate time of one or three minutes: of the target’s relative motion and ship’s own motion 1. Expressed as an angular dis- Scenario 1 tance from North. Own ship course—000° True speed—The speed of a target obtained Own ship speed—10 kt by the vectorial combination of its relative Target range—8 n.m. motion and own ship’s motion 1. Bearing of target—000° Bearing—The direction of one terrestrial Relative course of target—180° point from another. Expressed as an angular Relative speed of target—20 kt distance from North. Relative motion display—The position of Scenario 2 own ship on such a display remains fixed. Own ship course—000° True motion display—The position of own Own ship speed—10 kt ship on such display moves in accordance Target range—1 n.m. with its own motion. Bearing of target—000° Azimuth stabilization—Own ship’s compass Relative course of target—090° information is fed to the display so that Relative speed of target—10 kt echoes of targets on the display will not be caused to smear by changes of own ship’s Scenario 3 heading. Own ship course—000° /North-up—The line connecting the center Own ship speed—5 kt with the top of this display is North. Target range—8 n.m. /Head-up—The line connecting the center Bearing of target—045° with the top of the display is own ship Relative course of target—225° heading. Relative speed of target—20 kt /Course-up—An intended course can be set to the line connecting the center with the Scenario 4 top of the display. ° Heading—The direction in which the bow Own ship course—000 Own ship speed—25 kt of a vessel is pointing. Expressed as an angu- Target range—8 n.m. lar distance from North. Bearing of target—045° Target’s predicted motion—The indication Relative course of target—225° on the display of a liner extrapolation into Relative speed of target—20 kt the future of a target’s motion, based on measurements of the target’s range and ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR bearing on the radar in the recent past. ERRORS Target’s motion trend—An early indication of the target’s predicted motion. The accuracy figures quoted in paragraph Radar Plotting—The whole process of tar- 3.8 are based upon the following sensor errors get detection, tracking, calculation of pa- and are appropriate to equipment complying rameters and display of information. with the Organization’s performance stand- 2 Detection—The recognition of the presence ards for shipborne navigational equipment. of a target. Note: o means ‘‘standard deviation’’ Acquisition—The selection of those targets requiring a tracking procedure and the initi- Radar ation of their tracking. Target Glint (Scintillation) (for 200 m Tracking—The process of observing the se- length target) quential changes in the position of a target, Along length of target o = 30 m. (normal to establish its motion. distribution) Display—The plan position presentation of ARPA data with radar data. Manual—An activity which a radar ob- 2 In calculations leading to the accuracy server performs, possibly with assistance figures quoted in paragraph 3.8, these sensor from a machine. error sources and magnitudes were used. Automatic—An activity which is per- They were arrived at during discussions with formed wholly by a machine. national government agencies and equipment manufacturers and are appropriate to ANNEX 2 TO APPENDIX A TO § 164.38— equipments complying with the Organiza- OPERATIONAL SCENARIOS tion’s draft performance standards for radar equipment (preliminary) (NAV XXII/WP.14), For each of the following scenarios pre- gyro compasses (NAV XXI/9, Annex X) and dictions are made at the target position de- logs (preliminary) (NAV XXII/WP.15). Independent studies carried out by na- 1 For the purpose of these definitions there tional government agencies and equipment is no need to distinguish between sea or manufacturers have resulted in similar accu- ground stabilization. racies, where comparisons were made.

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Across beam of target o = 1 m. (normal dis- other suitable display contrivance suffi- tribution) ciently bright and unobstructed to permit Roll-Pitch Bearing. The bearing error will viewing by more than one person at a time. peak in each of the four quadrants around In addition to displaying the collision po- own ship for targets on relative bearings of tential of the most threatening fixed and 045°, 135°, 225° and 315° and will be zero at rel- moving targets, the system shall be capable ative bearings of 0°, 90°, 180° and 270°. This of simultaneously showing land masses. error has a sinusoidal variation at twice the The system display shall include a heading roll frequency. For a 10° roll the mean error indication and bearing ring. The system is 0.22° with a 0.22° peak sine wave super- shall also have the capability of allowing the imposed. operator to select ‘‘head-up’’ and to cancel Beam shape—assumed normal distribution the vector or line presentation of any of the giving bearing error with o = 0.05. targets. The presentation shall be non- Pulse shape— assumed normal distribution smearing when changing modes or display giving range error with o = 20 meters. scales in order to permit rapid evaluation of Antenna backlash—assumed rectangular the displayed data. distribution giving bearing error ± 0.5 max- Target acquisition, for display data pur- imum. poses, may be manual, automatic or both, as Quantization specified by Owner. For any manual acquisition system the ± ° Bearing—rectangular distribution 0.01 alarms shall be initiated by a preset min- maximum. imum range; and likewise for any automatic ± Range—rectangular distribution 0.01 n.m. acquisition system the alarms shall be initi- maximum. ated by a preset minimum acceptable pass- Bearing encoder assumed to be running ing distance (CPA—Closest Point of Ap- from a remote synchro giving bearing errors proach) and a preset advance warning time ° with a normal distribution o = 0.03 (TCPA—Time to Closest Point of Approach). Gyro compass Means shall be provided to silence the audio alarm for a given threat but the alarm shall Calibration error 0.5°. resound upon a subsequent threat. The vis- Normal distribution about this with o = ual alarm shall continue to operate until all 0.12°. threats have been eliminated. If the collision avoidance system fails to perform as indi- Log cated above, after the system is set for unat- Calibration error 0.5 kt. tended monitoring, the system shall produce Normal distribution about this, 3 o = 0.2 both audio and visual warning alarms. kt. The system shall be capable of simulating a trial maneuver. APPENDIX B TO § 164.38—U.S. MARITIME AD- In addition to the target display, an alpha- MINISTRATION COLLISION AVOIDANCE SYSTEM numeric readout shall be provided which can SPECIFICATION present range, bearing, course, speed, CPA A collision system designed as a supple- and TCPA for any selected target, either on ment to both surface search navigational ra- the target display or by other display means. dars via interswitching shall be installed. The collision avoidance system shall be en- The system shall provide unattended moni- ergized from the interior communications toring of all radar echoes and automatic panel board in the wheelhouse. audio and visual alarm signals that will alert The collision avoidance function may be the watch officer of a possible threat. The incorporated in an integrated conning sys- display shall be contained within a console tem, provided that failure of any other inte- capable of being installed adjacent to the grated system component will not degrade radar displays in the wheelhouse and may the collision avoidance function. form a part of the bridge console. Provision for signal input from the ship’s [CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR radars, gyro compass, and speed log, without 71800, Oct. 30, 1980, as amended by CGD 83– modification to these equipments shall be 004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799, made. The collision avoidance system, 63 FR 35532, June 30, 1998] whether operating normally or having failed, must not introduce any spurious signals or § 164.39 Steering gear: Foreign tank- otherwise degrade the performance of the ra- ers. dars, the gyro compass or the speed log. (a) This section applies to each for- Computer generated display data for each eign tanker of 10,000 gross tons or acquired target shall be in the form of a line or vector indicating true or relative target more, except a public vessel, that— course, speed and both present and extrapo- (1) Transfers oil at a port or place lated future positions. Data shall be auto- subject to the jurisdiction of the matically displayed on a cathode ray tube or United States; or

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(2) Otherwise enters or operates in be fitted with a device to indicate the navigable waters of the United speed and distance of the vessel either States, except a vessel described by through the water or over the ground. § 164.02 of this part. (b) The device must meet the fol- (b) Definitions. The terms used in this lowing specifications: section are as follows: (1) The display must be easily read- Constructed means the same as in able on the bridge by day or night. Chapter II–1, Regulations 1.1.2 and (2) Errors in the indicated speed, 1.1.3.1, of SOLAS 74. when the vessel is operating free from Existing tanker means a tanker— shallow water effect, and from the ef- (1) For which the building contract is fects of wind, current, and tide, should placed on or after June 1, 1979; not exceed 5 percent of the speed of the (2) In the absence of a building con- vessel, or 0.5 knot, whichever is great- tract, the keel of which is laid or which er. is at a similar stage of construction on (3) Errors in the indicated distance or after January 1, 1980; run, when the vessel is operating free (3) The delivery of which occurs on or from shallow water effect, and from the after June 1, 1982; or effects of wind, current, and tide, (4) That has undergone a major con- should not exceed 5 percent of the dis- version contracted for on or after June tance run of the vessel in one hour or 1, 1979; or construction of which was 0.5 nautical mile in each hour, which- begun on or after January 1, 1980, or ever is greater. completed on or after June 1, 1982. Public vessel, oil, hazardous materials, [CGD 83–004, 49 FR 43467, Oct. 29, 1984, as amended by USCG–1998–3799, 63 FR 35532, and foreign vessel mean the same as in June 30, 1998] 46 U.S.C. 2101. SOLAS 74 means the International § 164.41 Electronic position fixing de- Convention for the Safety of Life at vices. Sea, 1974, as amended. (a) Each vessel calling at a port in Tanker means a self-propelled vessel the continental United States, includ- defined as a tanker by 46 U.S.C. 2101(38) ing Alaska south of Cape Prince of or as a tank vessel by 46 U.S.C. 2101(39). Wales, except each vessel owned or (c) Each tanker constructed on or bareboat chartered and operated by the after September 1, 1984, must meet the United States, or by a state or its po- applicable requirements of Chapter II– litical subdivision, or by a foreign na- 1, Regulations 29 and 30, of SOLAS 74. tion, and not engaged in commerce, (d) Each tanker constructed before must have one of the following: September 1, 1984, must meet the re- (1) A Type I or II LORAN C receiver quirements of Chapter II–1, Regulation as defined in Section 1.2(e), meeting 29.19, of SOLAS 74. Part 2 (Minimum Performance Stand- (e) Each tanker of 40,000 gross tons or ards) of the Radio Technical Commis- more, constructed before September 1, sion for Marine Services (RTCM) Paper 1984, that does not meet the single-fail- 12–78/DO–100 dated December 20, 1977, ure criterion of Chapter II–1, Regula- entitled ‘‘Minimum Performance tion 29.16, of SOLAS 74, must meet the Standards (MPS) Marine Loran-C Re- requirements of Chapter II–1, Regula- ceiving Equipment’’. Each receiver in- tion 29.20, of SOLAS 74. stalled must be labeled with the infor- (f) Each tanker constructed before mation required under paragraph (b) of September 1, 1984, must meet the appli- this section. cable requirements of Chapter II–1, (2) A satellite navigation receiver Regulations 29.14 and 29.15, of SOLAS with: 74. (i) Automatic acquisition of satellite [CGD 83–043, 60 FR 24771, May 10, 1995] signals after initial operator settings have been entered; and § 164.40 Devices to indicate speed and (ii) Position updates derived from distance. satellite information during each usa- (a) Each vessel required to be fitted ble satellite pass. with an Automatic Radar Plotting Aid (3) A system that is found by the (ARPA) under § 164.38 of this part must Commandant to meet the intent of the

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statements of availability, coverage, chapter must do so by an installed and accuracy for the U.S. Coastal Con- Automatic Identification System Ship- fluence Zone (CCZ) contained in the borne Equipment (AISSE) system con- U.S. ‘‘Federal Radionavigation Plan’’ sisting of a: (Report No. DOD-NO 4650.4-P, I or No. (1) Twelve-channel all-in-view Dif- DOT-TSC-RSPA-80-16, I). A person de- ferential Global Positioning System siring a finding by the Commandant (dGPS) receiver; under this subparagraph must submit a (2) Marine band Non-Directional Bea- written application describing the de- con receiver capable of receiving dGPS vice to the Assistant Commandant for error correction messages; Operations, 2100 Second Street SW., (3) VHF—FM transceiver capable of Washington, DC 20593–0001. After re- Digital Selective Calling (DSC) on the viewing the application, the Com- designated DSC frequency; and mandant may request additional infor- (4) Control unit. mation to establish whether or not the (b) An AISSE must have the fol- device meets the intent of the Federal Radionavigation Plan. lowing capabilities: NOTE: The Federal Radionavigation Plan is (1) Use dGPS to sense the position of available from the National Technical Infor- the vessel and determine the time of mation Service, Springfield, Va. 22161, with the position using Universal Coordi- the following Government Accession Num- nated Time (UTC); bers: (2) Fully use the broadcast type 1, 2, Vol 1, ADA 116468 3, 5, 6, 7, 9, and 16 messages, as specified Vol 2, ADA 116469 Vol 3, ADA 116470 in RTCM Recommended Standards for Vol 4, ADA 116471 Differential NAVSTAR GPS Service in (b) Each label required under para- determining the required information; graph (a)(1) of this section must show (3) Achieve a position error which is the following: less than ten meters (32.8 feet) 2 dis- (1) The name and address of the man- tance root mean square (2 drms) from ufacturer. the true North American Datum of 1983 (2) The following statement by the (NAD 83) in the position information manufacturer: transmitted to a VTS; This receiver was designed and manu- (4) Achieve a course error of less than factured to meet Part 2 (Minimum Per- 0.5 degrees from true course over formance Standards) of the RTCM MPS ground in the course information for Marine Loran-C Receiving Equip- transmitted to a VTS; ment. (5) Achieve a speed error of less than (Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR 0.05 knots from true speed over ground 1.46(n)(4)) in the speed information transmitted to a VTS; [CGD 81–081, 47 FR 58244, Dec. 30, 1982, as amended by CGD 88–052, 53 FR 25122, July 1, (6) Receive and comply with com- 1988; CGD 96–026, 61 FR 33669, June 28, 1996; mands broadcast from a VTS as DSC CGD 97–023, 62 FR 33365, June 19, 1997; USCG– messages on the designated DSC fre- 1998–3799, 63 FR 35532, June 30, 1998] quency; (7) Receive and comply with RTCM § 164.42 Rate of turn indicator. messages broadcast as minimum shift Each vessel of 100,000 gross tons or keying modulated medium frequency more constructed on or after Sep- signals in the marine radiobeacon tember 1, 1984 shall be fitted with a band, and supply the messages to the rate of turn indicator. dGPS receiver; [CGD 83–004, 49 FR 43468, Oct. 29, 1984] (8) Transmit the vessel’s position, tagged with the UTC at position solu- § 164.43 Automatic Identification Sys- tion, course over ground, speed over tem Shipborne Equipment—Prince ground, and Lloyd’s identification William Sound. number to a VTS; (a) Until December 31, 2004, each ves- (9) Display a visual alarm to indicate sel required to provide automated posi- to shipboard personnel when a failure tion reports to a Vessel Traffic Service to receive or utilize the RTCM mes- (VTS) under § 165.1704 of this sub- sages occurs;

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(10) Display a separate visual alarm noted in table 161.12(c) of § 161.12 of this which is triggered by a VTS utilizing a chapter, not later than December 31, DSC message to indicate to shipboard 2004: personnel that the U.S. Coast Guard (i) Self-propelled vessels of 65 feet or dGPS system cannot provide the re- more in length, other than fishing ves- quired error correction messages; and sels and passenger vessels certificated (11) Display two RTCM type 16 mes- to carry less than 151 passengers-for- sages, one of which must display the hire, in commercial service; position error in the position error (ii) Towing vessels of 26 feet or more broadcast. in length and more than 600 horse- (c) An AISSE is considered non-oper- power, in commercial service; ational if it fails to meet the requirements of paragraph (b) of this section. (iii) Passenger vessels certificated to carry more than 150 passengers-for- NOTE: Vessel Traffic Service (VTS) areas and operating procedures are set forth in hire. Part 161 of this chapter. NOTE TO § 164.46(a): ‘‘Properly installed’’ re- [CGD 90–020, 59 FR 36334, July 15, 1994, as fers to an installation using the guidelines amended by CGD 97–023, 62 FR 33365, June 19, set forth in IMO SN/Circ.227 (incorporated by 1997; USCG–2003–14757, 68 FR 39367, July 1, reference, see § 164.03). Not all AIS units are 2003; 68 FR 60569, Oct. 22, 2003] able to broadcast position, course, and speed without the input of an external positioning § 164.46 Automatic Identification Sys- device (e.g. dGPS); the use of other external tem (AIS). devices (e.g. transmitting heading device, (a) The following vessels must have a gyro, rate of turn indicator) is highly rec- properly installed, operational, type ommended, however, not required except as approved AIS as of the date specified: stated in § 164.46(a)(2). ‘‘Type approved’’ re- (1) Self-propelled vessels of 65 feet or fers to an approval by an IMO recognized Ad- more in length, other than passenger ministration as to comply with IMO Resolu- tion MSC.74(69), ITU-R Recommendation and fishing vessels, in commercial M.1371–1, and IEC 61993–2 (Incorporated by service and on an international voyage, reference, see § 164.03). ‘‘Length’’ refers to not later than December 31, 2004. ‘‘registered length’’ as defined in 46 CFR part (2) Notwithstanding paragraph (a)(1) 69. ‘‘Gross tonnage’’ refers to tonnage as de- of this section, the following, self-pro- fined under the International Convention on pelled vessels, that are on an inter- Tonnage Measurement of Ships, 1969. national voyage must also comply with SOLAS, as amended, Chapter V, regu- (b) The requirements for Vessel lation 19.2.1.6, 19.2.4, and 19.2.3.5 or Bridge-to-Bridge radiotelephones in 19.2.5.1 as appropriate (Incorporated by §§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of reference, see § 164.03): this chapter also apply to AIS. The (i) Passenger vessels, of 150 gross ton- term ‘‘effective operating condition’’ nage or more, not later than July 1, used in § 26.06 of this chapter includes 2003; accurate input and upkeep of AIS data (ii) Tankers, regardless of tonnage, fields. not later than the first safety survey (c) The use of a portable AIS is per- for safety equipment on or after July 1, missible only to the extent that elec- 2003; tromagnetic interference does not af- (iii) Vessels, other than passenger fect the proper function of existing vessels or tankers, of 50,000 gross ton- navigation and communication equip- nage or more, not later than July 1, ment on board and such that only one 2004; and AIS unit may be in operation at any (iv) Vessels, other than passenger one time. vessels or tankers, of 300 gross tonnage (d) The AIS Pilot Plug, on each ves- or more but less than 50,000 gross ton- sel over 1,600 gross tons on an inter- nage, not later than the first safety national voyage, must be available for survey for safety equipment on or after pilot use, easily accessible from the July 1, 2004, but no later than Decem- primary conning position of the vessel, ber 31, 2004. and near a 120 Volt, AC power, 3-prong (3) Notwithstanding paragraphs (a)(1) receptacle. and (a)(2) of this section, the following vessels, when navigating an area de- [USCG–2003–14757, 68 FR 60569, Oct. 22, 2003]

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§ 164.51 Deviations from rules: Emer- § 164.61 Marine casualty reporting and gency. record retention. Except for the requirements of When a vessel is involved in a marine § 164.53(b), in an emergency, any person casualty as defined in 46 CFR 4.03–1, may deviate from any rule in this part the master or person in charge of the to the extent necessary to avoid endan- vessel shall: gering persons, property, or the envi- (a) Ensure compliance with 46 CFR ronment. Subpart 4.05, ‘‘Notice of Marine Cas- ualty and Voyage Records;’’ and [CGD 74–77, 42 FR 5956, Jan. 31, 1977] (b) Ensure that the voyage records § 164.53 Deviations from rules and re- required by 46 CFR 4.05–15 are retained porting: Non-operating equipment. for: (1) 30 days after the casualty if the (a) If during a voyage any equipment vessel remains in the navigable waters required by this part stops operating of the United States; or properly, the person directing the (2) 30 days after the return of the ves- movement of the vessel may continue sel to a United States port if the vessel to the next port of call, subject to the departs the navigable waters of the directions of the District Commander United States within 30 days after the or the Captain of the Port, as provided marine casualty. by Part 160 of this chapter. (b) If the vessel’s radar, radio naviga- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] tion receivers, gyrocompass, echo depth sounding device, or primary § 164.70 Definitions. steering gear stops operating properly, For purposes of §§ 164.72 through the person directing the movement of 164.82, the term— the vessel must report or cause to be Current edition means the most recent reported that it is not operating prop- published version of a publication, erly to the nearest Captain of the Port, chart, or map required by § 164.72. District Commander, or, if partici- Currently corrected edition means a pating in a Vessel Traffic Service, to current or previous edition of a publi- the Vessel Traffic Center, as soon as cation required by § 164.72, corrected possible. with changes that come from Notices (Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. to Mariners (NTMs) or Notices to Navi- 1221); 49 CFR 1.46(n)(4)) gation reasonably available and that apply to the vessel’s transit. Hand-an- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] notated river maps from the U.S. Army EDITORIAL NOTE: For FEDERAL REGISTER ci- Corps of Engineers (ACOE) are cur- tations affecting § 164.53, see the List of CFR rently corrected editions if issued with- Sections Affected, which appears in the in the previous 5 years. Finding Aids section of the printed volume Great Lakes means the Great Lakes and on GPO Access. and their connecting and tributary wa- § 164.55 Deviations from rules: Con- ters including the Calumet River as far tinuing operation or period of time. as the Thomas J. O’Brien Lock and Controlling Works (between miles 326 The Captain of the Port, upon writ- and 327), the Chicago River as far as ten application, may authorize a devi- the east side of the Ashland Avenue ation from any rule in this part if he Bridge (between miles 321 and 322), and determines that the deviation does not the Saint Lawrence River as far east as impair the safe navigation of the vessel the lower exit of Saint Lambert Lock. under anticipated conditions and will Swing-meter means an electronic or not result in a violation of the rules for electric device that indicates the rate preventing collisions at sea. The au- of turn of the vessel on board which it thorization may be issued for vessels is installed. operating in the waters under the juris- Towing vessel means a commercial diction of the Captain of the Port for vessel engaged in or intending to en- any continuing operation or period of gage in pulling, pushing or hauling time the Captain of the Port specifies. alongside, or any combination of pull- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] ing, pushing, or hauling alongside.

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Western Rivers means the Mississippi (A) The requirements of the Federal River, its tributaries, South Pass, and Communications Commission (FCC) Southwest Pass, to the navigational- specified by 47 CFR part 80; and demarcation lines dividing the high (B) RTCM Recommended Standards seas from harbors, rivers, and other infor Marine Radar Equipment Installed land waters of the United States, and on Ships of 300 Tons Gross Tonnage and the Port Allen-Morgan City Alter- Upwards, RTCM Paper 191–93/SC112–X, native Route, and that part of the Version 1.2 except the requirements for Atchafalaya River above its junction azimuth stabilization in paragraph 3.10. with the Port Allen-Morgan City Alter- (iv) For a vessel of 300 tons gross ton- native Route including the Old River nage or more that engages in towing and the Red River and those waters seaward of navigable waters of the U.S. specified by §§ 89.25 and 89.27 of this or more than three nautical miles from chapter, and such other, similar waters shore on the Great Lakes, the radar as are designated by the COTP. must meet— [CGD 94–020, 61 FR 35072, July 3, 1996] (A) The requirements of the FCC specified by 47 CFR Part 80; and § 164.72 Navigational-safety equip- (B) RTCM Recommended Standards ment, charts or maps, and publications required on towing vessels. for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and (a) Except as provided by § 164.01(b), Upwards, RTCM Paper 191–93/SC112–X, each towing vessel must be equipped Version 1.2. with the following navigational-safety (v) A towing vessel with an existing equipment: radar must meet the applicable re- (1) Marine Radar. By August 2, 1997, a quirements of paragraphs (a)(1) (i) marine radar that meets the following through (iv) of this section by August applicable requirements: 2, 1998; except that a towing vessel with (i) For a vessel of less than 300 tons gross tonnage that engages in towing an existing radar must meet the dis- on navigable waters of the U.S., includ- play and stabilization requirements of ing Western Rivers, the radar must paragraph (a)(1)(ii)(B) of this section meet— by August 2, 2001. (A) The requirements of the Federal (2) Searchlight. A searchlight, Communications Commission (FCC) directable from the vessel’s main steer- specified by 47 CFR part 80; and ing station and capable of illuminating (B) RTCM Standard for Marine Radar objects at a distance of at least two Equipment Installed on Ships of Less times the length of the tow. Than 300 Tons Gross Tonnage, RTCM (3) VHF-FM Radio. An installation or Paper 71–95/SC112–STD, Version 1.1, dis- multiple installations of VHF-FM ra- play Category II and stabilization Cat- dios as prescribed by part 26 of this egory Bravo. chapter and 47 CFR part 80, to main- (ii) For a vessel of less than 300 tons tain a continuous listening watch on gross tonnage that engages in towing the designated calling channel, VHF- seaward of navigable waters of the U.S. FM Channel 13 (except on portions of or more than three nautical miles from the Lower Mississippi River, where shore on the Great Lakes, the radar VHF-FM Channel 67 is the designated must meet— calling channel), and to separately (A) The requirements of the FCC monitor the International Distress and specified by 47 CFR part 80; and Calling Channel, VHF-FM Channel 16, (B) RTCM Standard for Marine Radar except when transmitting or receiving Equipment Installed on Ships of Less traffic on other VHF-FM channels or Than 300 Tons Gross Tonnage, RTCM when participating in a Vessel Traffic Paper 71–95/SC112–STD, Version 1.1, dis- Service (VTS) or monitoring a channel play Category I and stabilization Cat- of a VTS. (Each U.S. towing vessel of 26 egory Alpha. feet (about 8 meters) or more in length, (iii) For a vessel of 300 tons gross ton- except a public vessel, must hold a nage or more that engages in towing on ship-radio-station license for radio navigable waters of the U.S., including transmitters (including radar and Western rivers, the radar must meet— EPIRBs), and each operator must hold

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a restricted operator’s license or high- than three nautical miles from shore er. To get an application for either li- on the Great Lakes. cense, call (800) 418–FORM or (202) 418– (iii) The charts or maps may be, in- FORM, or write to the FCC; Wireless stead of charts or maps required by Bureau, Licensing Division; 1270 Fair- paragraphs (b)(1) (i) and (ii) of this sec- field Road; Gettysburg, PA 17325–7245.) tion, currently corrected marine charts (4) Magnetic Compass. Either— or maps, or applicable extracts, pub- (i) An illuminated swing-meter or an lished by a foreign government. These illuminated car-type magnetic steering charts or maps, or applicable extracts, compass readable from the vessel’s must contain information similar to main steering station, if the vessel en- that on the charts or maps required by gages in towing exclusively on Western paragraphs (b)(1) (i) and (ii) of this sec- Rivers; or tion, be of large enough scale, and have (ii) An illuminated card-type mag- enough detail to make safe navigation netic steering compass readable from of the areas possible, and must be cur- the vessel’s main steering station. rently corrected. (5) Echo Depth-Sounding Device. By (2) General publications. A currently August 2, 2001, an echo depth-sounding corrected edition of, or an applicable device readable from the vessel’s main currently corrected extract from, each steering station, unless the vessel en- of the following publications for the gages in towing exclusively on Western area to be transited: Rivers. (i) If the vessel is engaged in towing exclusively on Western Rivers— (6) Electronic Position-Fixing Device. (A) U.S. Coast Guard Light List; An electronic position-fixing device, ei- (B) Applicable Notices to Navigation ther a LORAN-C receiver or a satellite published by the ACOE, or Local No- navigational system such as the Global tices to Mariners (LNMs) published by Positioning System (GPS) as required the Coast Guard, for the area to be by § 164.41, if the vessel engages in tow- transited, when available; and ing seaward of navigable waters of the (C) River-current tables published by U.S. or more than three nautical miles the ACOE or a river authority, if avail- from shore on the Great Lakes. able. (b) Each towing vessel must carry on (ii) If the vessel is engaged other board and maintain the following: than in towing exclusively on Western (1) Charts or maps. Marine charts or Rivers— maps of the areas to be transited, pub- (A) Coast Guard Light List; lished by the National Ocean Service (B) Notices to Mariners published by (NOS), the ACOE, or a river authority the National Imagery and Mapping that satisfy the following require- Agency, or LNMs published by the ments: Coast Guard; (i) The charts or maps must be of a (C) Tidal-current tables published by large enough scale and have enough de- private entities using data provided by tail to make safe navigation of the the NOS, or river-current tables pub- areas possible. lished by the ACOE or a river author- (ii) The charts or maps must be ei- ity: ther— (D) Tide tables published by private (A) Current editions or currently cor- entities using data provided by the rected editions, if the vessel engages in NOS; and towing exclusively on navigable waters (E) U.S. Coast Pilot. of the U.S., including Western Rivers; (c) Table 164.72, following, summa- or rizes the navigational-safety equip- (B) Currently corrected editions, if ment, charts or maps, and publications the vessel engages in towing seaward of required for towing vessels of 12 meters navigable waters of the U.S. or more or more in length engaged in towing:

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TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF12 METERS OR MORE IN LENGTH

Waters seaward of navigable Western rivers U.S. navigable waters other waters and 3 NM or more from than western rivers shore on the Great Lakes

Marine Radar: Towing Vessels of RTCM Paper 71–95/SC112– RTCM Paper 71–95/SC112– RTCM Paper 71–95/SC112– Less Than 300 GT. STD Version 1.1, Display STD Version 1.1, Display STD Version 1.1, Display Category II 1 Stabilization Category II 1 Stabilization Category I 2 Stabilization Cat- Category BRAVO. Category BRAVO. egory ALPHA. Towing Vessels of 300 RTCM Paper 191–93/SC112–X RTCM Paper 191–93/SC112–X RTCM Paper 191–93/SC112–X GT or More. Version 1.2 (except the Version 1.2 (except the Version 1.2.1 Azmuth stabilization require- Azmuth stabilization requirement in paragraph 3.10).1. ment in paragraph 3.10).1. Searchlight ...... X X X VHF-FM Radio...... X X X Magnetic Compass ..... X 3 X X Swing-Meter ...... X 3 Echo Depth-Sounding X X Device. Electronic Position-Fix- X ing Device. Charts or Maps ...... (1) Large enough scale ...... (1) Large enough scale ...... (1) Large enough scale. (2) Current edition or currently (2) Current edition or currently (2) Currently corrected edition. corrected edition. corrected edition. General Publications ... (1) U.S. Coast Guard Light List (1) U.S. Coast Guard Light List (1) U.S. Coast Guard Light List. (2) Notices to Navigation or (2) Local Notices to Mariners ... (2) Local Notices to Mariners. Local Notices to Mariners. (3) River-current Tables ...... (3) Tidal-current Tables ...... (3) Tidal-current Tables. (4) Tide Tables ...... (4) Tide Tables. (5) U.S. Coast Pilot ...... (5) U.S. Coast Pilot.

NOTES: 1 Towing vessels with existing radar must meet this requirement by August 2, 1998. 2 Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the display and stabilization requirements until August 2, 2001. 3 A towing vessel may carry either a swing-meter or a magnetic compass.

[CGD 94–020, 61 FR 35073, July 3, 1996, as amended by CGD 97–034, 62 FR 40272, July 28, 1997; USCG–1999–5832, 64 FR 34715, June 29, 1999; USCG–2001–9286, 66 FR 33641, June 25, 2001]

§ 164.74 Towline and terminal gear for (v) Appropriate for the temperatures towing astern. of normal stowage and service on board the vessel; (a) Towline. The owner, master, or op- (vi) Compatible with associated navi- erator of each vessel towing astern gational-safety equipment; and shall ensure that the strength of each (vii) Appropriate for the likelihood of towline is adequate for its intended mechanical damage. service, considering at least the fol- (2) Each towline as rigged must be— lowing factors: (i) Free of knots; (1) The size and material of each tow- (ii) Spliced with a thimble, or have a line must be— poured socket at its end; and (i) Appropriate for the horsepower or (iii) Free of wire clips except for tem- bollard pull of the vessel; porary repair, for which the towline (ii) Appropriate for the static loads must have a thimble and either five and dynamic loads expected during the wire clips or as many wire clips as the intended service; manufacturer specifies for the nominal diameter and construction of the tow- (iii) Appropriate for the sea condi- line, whichever is more. tions expected during the intended (3) The condition of each towline service; must be monitored through the— (iv) Appropriate for exposure to the (i) Keeping on board the towing ves- marine environment and to any chemi- sel or in company files of a record of cals used or carried on board the ves- the towline’s initial minimum break- sel; ing strength as determined by the manufacturer, by a classification (‘‘class’’)

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society authorized in § 157.04 of this (G) Point at which a tensile test chapter, or by a tensile test that meets proves the minimum breaking strength API Specification 9A, Specification for of the towline inadequate by the stand- Wire Rope, Section 3; ASTM D 4268 (in- ards of paragraph (a)(1) of this section, corporated by reference, see § 164.03), if necessary; and Standard Test Method for Testing (v) Keeping on board the towing ves- Fiber Ropes; or Cordage Institute CIA sel or in company files of a record of 3, Standard Test Methods for Fiber the material condition of the towline Rope Including Standard Termi- when inspected under paragraphs nations; (a)(3)(iii) and (iv) of this section. Once (ii) If the towline is purchased from this record lapses for three months or another owner, master, or operator of a more, except when a vessel is laid up or vessel with the intent to use it as a towline or if it is retested for any rea- out of service or has not deployed its son, keeping on board the towing vessel towline, the owner, master, or operator or in company files of a record of each shall retest the towline or remove it retest of the towline’s minimum break- from service. ing strength as determined by a class (b) Terminal gear. The owner, master, society authorized in § 157.04 of this or operator of each vessel towing chapter or by a tensile test that meets astern shall ensure that the gear used API Specification 9A, Section 3; ASTM to control, protect, and connect each D 4268 (incorporated by reference, see towline meets the following criteria: § 164.03) or Cordage Institute CIA 3, (1) The material and size of the ter- Standard Test Methods; minal gear are appropriate for the (iii) Conducting visual inspections of strength and anticipated loading of the the towline in accordance with the towline and for the environment; manufacturer’s recommendations, or (2) Each connection is secured by at at least monthly, and whenever the least one nut with at least one cotter serviceability of the towline is in doubt pin or other means of preventing its (the inspections being conducted by the failure; owner, master, or operator, or by a per- (3) The lead of the towline is appro- son on whom the owner, master, or op- priate to prevent sharp bends in the erator confers the responsibility to take corrective measures appropriate towline from fairlead blocks, chocks, for the use of the towline); or tackle; (iv) Evaluating the serviceability of (4) There is provided a method, the whole towline or any part of the whether mechanical or non-mechan- towline, and removing the whole or ical, that does not endanger operating part from service either as rec- personnel but that easily releases the ommended by the manufacturer or a towline; class society authorized in § 157.04 of (5) The towline is protected from ab- this chapter or in accordance with a re- rasion or chafing by chafing gear, lag- placement schedule developed by the ging, or other means; owner, master, or operator that ac- (6) Except on board a vessel towing in counts for at least the— ice on Western Rivers or one using a (A) Nautical miles on, or time in towline of synthetic or natural fiber, service of, the towline; there is fitted a winch that evenly (B) Operating conditions experienced spools and tightly winds the towline; by the towline; and (C) History of loading of the towline; (7) If a winch is fitted, there is at- (D) Surface condition, including cor- tached to the main drum a brake that rosion and discoloration, of the tow- has holding power appropriate for the line; horsepower or bollard pull of the vessel (E) Amount of visible damage to the towline; and can be operated without power to (F) Amount of material deterioration the winch. indicated by measurements of diameter [CGD 94–020, 61 FR 35074, July 3, 1996, as and, if applicable, measurements of lay amended by USCG–1999–5151, 64 FR 67176, extension of the towline; and Dec. 1, 1999]

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§ 164.76 Towline and terminal gear for bility of wake damage, speed and direc- towing alongside and pushing tion of the current, and local speed- ahead. limits; and The owner, master, or operator of (8) Monitors the voyage plan required each vessel towing alongside or push- by § 164.80. ing ahead shall ensure that the face (b) The owner, master, or operator of wires, spring lines, and push gear each vessel towing shall ensure that used— the tests and inspections required by (a) Are appropriate for the vessel’s § 164.80 are conducted and that the re- horsepower; sults are entered in the log or other (b) Are appropriate for the arrange- record carried on board. ment of the tow; (c) Are frequently inspected; and [CGD 94–020, 61 FR 35075, July 3, 1996, as amended by USCG–2000–6931, 68 FR 22610, (d) Remain serviceable. Apr. 29, 2003; 69 FR 34068, June 18, 2004] [CGD 94–020, 61 FR 35075, July 3, 1996] § 164.80 Tests, inspections, and voyage § 164.78 Navigation under way: Towing planning. vessels. (a) The owner, master, or operator of (a) The owner, master, or operator of each towing vessel of less than 1,600 GT each vessel towing shall ensure that shall ensure that the following tests each person directing and controlling and inspections of gear occur before the movement of the vessel— the vessel embarks on a voyage of more (1) Understands the arrangement of than 24 hours or when each new master the tow and the effects of maneuvering or operator assumes command: on the vessel towing and on the vessel, (1) Steering-systems. A test of the barge, or object being towed; steering-gear-control system; a test of (2) Can fix the position of the vessel the main steering gear from the alter- using installed navigational equip- native power supply, if installed; a ment, aids to navigation, geographic verification of the rudder-angle indi- reference-points, and hydrographic cator relative to the actual position of contours; the rudder; and a visual inspection of (3) Does not fix the position of the the steering gear and its linkage. vessel using buoys alone (Buoys are (2) Navigational equipment. A test of aids to navigation placed in approxi- all installed navigational equipment. mate positions either to alert mariners to hazards to navigation or to indicate (3) Communications. Operation of all the orientation of a channel. They may internal vessel control communica- not maintain exact charted positions, tions and vessel-control alarms, if in- because strong or varying currents, stalled. heavy seas, ice, and collisions with ves- (4) Lights. Operation of all naviga- sels can move or sink them or set them tional lights and all searchlights. adrift. Although they may corroborate (5) Terminal gear. Visual inspection of a position fixed by other means, they tackle; of connections of bridle and cannot fix a position; however, if no towing pendant, if applicable; of chaf- other aids are available, buoys alone ing gear; and of the winch brake, if in- may establish an estimated position.); stalled. (4) Evaluates the danger of each clos- (6) Propulsion systems. Visual inspec- ing visual or radar contact; tion of the spaces for main propulsion (5) Knows and applies the variation machinery, of machinery, and of de- and deviation, where a magnetic com- vices for monitoring machinery. pass is fitted and where charts or maps (b) The owner, master, or operator of have enough detail to enable this type each towing vessel of 1,600 GT or more of correction; shall ensure that the following tests of (6) Knows the speed and direction of equipment occur at the frequency re- the current, and the set, drift, and quired by § 164.25 and that the following tidal state for the area to be transited; inspections of gear occur before the (7) Proceeds at a safe speed taking vessel embarks on a voyage of more into account the weather, visibility, than 24 hours or when each new master density of traffic, draft of tow, possi- or operator assumes command:

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(1) Navigational equipment. Tests of planned route. The voyage plan must onboard equipment as required by follow company policy and consider the § 164.25. following (related requirements noted (2) Terminal gear. Visual inspection of in parentheses): tackle; of connections of bridle and (i) Applicable information from nau- towing pendant, if applicable; of chaf- tical charts and publications (also see ing gear; and of the winch brake, if in- paragraph (b) of section 164.72), includ- stalled. ing Coast Pilot, Coast Guard Light (c)(1) The voyage-planning require- List, and Coast Guard Local Notice to ments outlined in this section do not Mariners for the port of departure, all apply to you if your towing vessel is— ports of call, and the destination; (i) Used solely for any of the fol- (ii) Current and forecast weather, in- lowing services or any combination of cluding visibility, wind, and sea state these services— for the port of departure, all ports of (A) Within a limited geographic area, call, and the destination (also see para- such as a fleeting-area for barges or a graphs (a)(7) of section 164.78 and (b) of commercial facility, and used for re- section 164.82); stricted service, such as making up or (iii) Data on tides and currents for breaking up larger tows; the port of departure, all ports of call, (B) For harbor-assist; and the destination, and the river (C) For assistance towing as defined stages and forecast, if appropriate; by 46 CFR 10.103; (iv) Forward and after drafts of the (D) For response to emergency or pol- barge or barges and under-keel and lution; vertical clearances (air-gaps) for all (ii) A public vessel that is both bridges, ports, and berthing areas; owned, or demise chartered, and oper- (v) Pre-departure checklists; ated by the United States Government (vi) Calculated speed and estimated or by a government of a foreign coun- time of arrival at proposed waypoints; try; and that is not engaged in com- (vii) Communication contacts at any mercial service; Vessel Traffic Services, bridges, and fa- (iii) A foreign vessel engaged in inno- cilities, and any port-specific require- cent passage; or ments for VHF radio; (iv) Exempted by the Captain of the (viii) Any master’s or operator’s Port (COTP). standing orders detailing closest points (2) If you think your towing vessel of approach, special conditions, and should be exempt from these voyage critical maneuvers; and planning requirements for a specified (ix) Whether the towing vessel has route, you should submit a written re- sufficient power to control the tow quest to the appropriate COTP. The under all foreseeable circumstances. COTP will provide you with a written [CGD 94–020, 61 FR 35075, July 3, 1996, as response granting or denying your re- amended by USCG–2000–6931, 68 FR 22610, quest. Apr. 29, 2003; 69 FR 34068, June 18, 2004] (3) If any part of a towing vessel’s intended voyage is seaward of the base- § 164.82 Maintenance, failure, and re- line (i.e., the shoreward boundary) of porting. the territorial sea of the U.S., then the (a) Maintenance. The owner, master, owner, master, or operator of the ves- or operator of each towing vessel shall sel, employed to tow a barge or barges, maintain operative the navigational- must ensure that the voyage with the safety equipment required by § 164.72. barge or barges is planned, taking into (b) Failure. If any of the navigational- account all pertinent information be- safety equipment required by § 164.72 fore the vessel embarks on the voyage. fails during a voyage, the owner, mas- The master must check the planned ter, or operator of the towing vessel route for proximity to hazards before shall exercise due diligence to repair it the voyage begins. During a voyage, if at the earliest practicable time. He or a decision is made to deviate substan- she shall enter its failure in the log or tially from the planned route, then the other record carried on board. The fail- master or mate must plan the new ure of equipment, in itself, does not route before deviating from the constitute a violation of this rule; nor

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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 pro- navigation of the vessel under antici- ceed. pated conditions. (c) Reporting. The owner, master, or 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) TION AREAS AND LIMITED AC- Area shall report the fact as required CESS AREAS by 33 CFR 161.124. (33 CFR 161.124 requires that each user of a VTS report Subpart A—General to the Vessel Traffic Center as soon as practicable: Sec. (1) Any absence or malfunction of 165.1 Purpose of part. vessel-operating equipment for naviga- 165.5 Establishment procedures. 165.7 Notification. tional safety, such as propulsion ma- 165.8 Geographic coordinates. chinery, steering gear, radar, gyro- 165.9 Geographic application of limited and compass, echo depth-sounding or other controlled access areas and regulated sounding device, automatic dependent navigation areas. surveillance equipment, or navigational lighting; Subpart B—Regulated Navigation Areas (2) Any condition on board the vessel 165.10 Regulated navigation areas. likely to impair navigation, such as 165.11 Vessel operating requirements (regu- shortage of personnel or lack of cur- lations). rent nautical charts or maps, or publi- 165.13 General regulations. cations; and (3) Any characteristics of the vessel Subpart C—Safety Zones that affect or restrict the maneuverability of the vessel, such as arrange- 165.20 Safety zones. ment of cargo, trim, loaded condition, 165.23 General regulations under-keel clearance, and speed.) Subpart D—Security Zones (d) Deviation and authorization. The owner, master, or operator of each tow- 165.30 Security zones. ing vessel unable to repair within 96 165.33 General regulations. hours an inoperative marine radar required by § 164.72(a) shall so notify the Subpart E—Restricted Waterfront Areas Captain of the Port (COTP) and shall 165.40 Restricted waterfront areas. seek from the COTP both a deviation from the requirements of this section Subpart F—Specific Regulated Navigation and an authorization for continued op- Areas and Limited Access Areas eration in the area to be transited. Failure of redundant navigational-safe- FIRST COAST GUARD DISTRICT ty equipment, including but not lim- 165.T01–165 Safety Zone: Ambrose Light, ited to failure of one of two installed Offshore Sandy Hook, NJ, Atlantic radars, where each satisfies § 164.72(a), Ocean. does not necessitate either a deviation 165.T01–0301 Security Zone: Liquefied Nat- or an authorization. ural Gas Carrier Transit and Anchorage Operations, Massachusetts Bay, MA. (1) The initial notice and request for 165.T01–0372 Safety Zones: Northeast Gate- a deviation and an authorization may way, Deepwater Port, Atlantic Ocean, be spoken, but the request must also be Boston, MA. written. The written request must ex- 165.T01–0421 Safety Zones: Central Massa- plain why immediate repair is imprac- chusetts Swim Events.

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165.100 Regulated Navigation Area: Navi- 165.155 Northville Industries Offshore Plat- gable waters within the First Coast form, Riverhead, Long Island, New Guard District. York—safety zone. 165.101 Kittery, Maine—regulated naviga- 165.160 Safety and Security Zones: Liquefied tion area. Hazardous Gas Vessel, Liquefied Haz- 165.102 Security Zone: Walkers Point, ardous Gas Facility and Designated Ves- Kennebunkport, ME. sel Transits, New York Marine Inspec- 165.103 Safety and Security Zones; LPG tion Zone and Captain of the Port Zone. Vessel Transits in Portland, Maine, Cap- 165.161 Safety zones: Coast Guard Captain of tain of the Port Zone, Portsmouth Har- the Port New York annual fireworks dis- bor, Portsmouth, New Hampshire. plays. 165.104 Safety Zone: Vessel Launches, Bath 165.162 Safety Zone: New York Super Boat Iron Works, Kennebec River, Bath, Race, Hudson River, New York. Maine. 165.163 Safety Zones; Port of New York/New 165.105 Security Zones; Passenger Vessels, Jersey Fleet Week. Portland, Maine, Captain of the Port 165.164 Security Zones: Dignitary Arrival/ Zone. Departure and United Nations Meetings, 165.106 Security Zone: Seabrook Nuclear New York, NY. Power Plant, Seabrook, New Hampshire. 165.166 Safety zone: Macy’s July 4th Fire- 165.110 Safety and Security Zone; Liquefied works, East River, NY. Natural Gas Carrier Transits and An- 165.168 Safety Zones; Coast Guard Captain chorage Operations, Boston, Massachu- of the Port New York Fireworks Dis- setts. plays. 165.111 Safety Zone: Boston Harbor, Boston, 165.169 Safety and Security Zones: New Massachusetts. York Marine Inspection Zone and Cap- 165.112 Safety Zone: USS CASSIN YOUNG, tain of the Port Zone. Boston, Massachusetts. 165.170 Safety Zone: Triathlon, Ulster, 165.113 Security Zone: Dignitary arrival/de- Landing, Hudson River, NY. parture Logan International Airport, 165.202 [Reserved] Boston, MA. 165.114 Safety and Security Zones: Escorted FIFTH COAST GUARD DISTRICT Vessels—Boston Harbor, Massachusetts. 165.T05–0338 Safety zone; Fireworks Dis- 165.115 Safety and Security Zones; Pilgrim plays, Anacostia River, Washington, DC. Nuclear Power Plant, Plymouth, Massa- 165.500 Safety/Security Zones; Chesapeake chusetts. Bay, Maryland. 165.116 Safety and Security Zones; Salem 165.501 Chesapeake Bay entrance and Hamp- and Boston Harbors, Massachusetts. ton Roads, VA and adjacent waters—Reg- 165.117 Regulated Navigation Areas, Safety ulated Navigation Area. and Security Zones: Deepwater Ports, 165.502 Safety and Security Zone; Cove First Coast Guard District. Point Liquefied Natural Gas Terminal, 165.120 Safety Zone: Chelsea River, Boston Chesapeake Bay, Maryland. Inner Harbor, Boston, MA. 165.503 Security Zone; Captain of the Port 165.121 Safety and Security Zones: High In- Hampton Roads Zone. terest Vessels, Narragansett Bay, Rhode 165.504 Newport News Shipbuilding and Dry Island. Dock Company Shipyard, James River, 165.122 Providence River, Providence, R.I. Newport News, Va. regulated navigation area. 165.505 Security Zone; Calvert Cliffs Nuclear 165.130 Sandy Hook Bay, New Jersey—secu- Power Plant, Chesapeake Bay, Calvert rity zone. County, Maryland. 165.140 New London Harbor, Connecticut— 165.506 Safety Zones; Fifth Coast Guard Dis- security zone. trict Fireworks Displays. 165.141 Safety Zone: Sunken vessel EMPIRE 165.507 Security Zone; Chesapeake Bay, be- KNIGHT, Boon Island, ME. tween Sandy Point and Kent Island, MD. 165.150 New Haven Harbor, Quinnipiac 165.508 Security Zone; Georgetown Channel, River, Mill River. Potomac River, Washington, DC. 165.151 Safety Zones; Long Island Sound an- 165.509 Security Zone; Severn River and nual fireworks displays. College Creek, Annapolis, MD. 165.152 Coast Guard Station Fire Island, 165.510 Delaware Bay and River, Salem Long Island, New York—safety zone. River, Christina River and Schuylkill 165.153 Regulated Navigation Area: Long Is- River-Regulated Navigation Area. land Sound Marine Inspection and Cap- 165.511 Security Zone; Atlantic Ocean, tain of the Port Zone. Chesapeake & Delaware Canal, Delaware 165.154 Safety and Security Zones: Long Is- Bay, Delaware River and its tributaries. land Sound Marine Inspection Zone and 165.512 Safety Zone; Patapsco River, North- Captain of the Port Zone. west and Inner Harbors, Baltimore, MD.

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165.514 Safety Zone: Atlantic Intracoastal 165.754 Safety Zone: San Juan Harbor, San Waterway and connecting waters, vicin- Juan, PR. ity of Marine Corps Base Camp Lejeune, 165.755 Safety Zone: Guayanilla, Puerto North Carolina. Rico 165.515 Safety Zone: Cape Fear River, Wil- 165.756 Regulated Navigation Area; Savan- mington, North Carolina. nah River, Georgia. 165.518 Security Zone; Waters of the Fifth 165.757 Safety Zones; Ports of Ponce, Coast Guard District. Tallaboa, and Guayanilla, Puerto Rico 165.530 Safety Zone: Cape Fear and North- and Limetree Bay, St. Croix, U.S.V.I. east Cape Fear Rivers, NC. 165.758 Security Zone; San Juan, Puerto 165.535 Safety Zone: Atlantic Ocean, Vicin- Rico. ity of Cape Henlopen State Park, Dela- 165.759 Security Zones; Ports of Jackson- ware. ville, Fernandina, and Canaveral, Flor- 165.540 Regulated Navigation Area; Cape ida. Fear River, Northeast Cape Fear River, 165.760 Security Zones; Tampa Bay, Port of Wilmington, North Carolina Tampa, Port of Saint Petersburg, Port 165.552 Security Zone; Oyster Creek Genera- Manatee, Rattlesnake, Old Port Tampa, tion Station, Forked River, Ocean Coun- Big Bend, Weedon Island, and Crystal ty, New Jersey. River, Florida. 165.553 Security Zone; Salem and Hope 165.761 Security Zones; Port of Palm Beach, Creek Generation Stations, Delaware Port Everglades, Port of Miami, and Port River, Salem County, New Jersey. of Key West, Florida. 165.762 Security Zone; St. Thomas, U.S. Vir- 165.554 Security Zone; Three Mile Island gin Islands. Generating Station, Susquehanna River, 165.763 Moving and Fixed Security Zone, Dauphin County, Pennsylvania. Port of Fredericksted, Saint Croix, U.S. 165.555 Safety Zone; Delaware River. Virgin Islands. SEVENTH COAST GUARD DISTRICT 165.764 [Reserved] 165.765 Regulated Navigation Area; Port Ev- 165.701 Vicinity, Kennedy Space Center, erglades Harbor, Fort Lauderdale, Flor- Merritt Island, Florida—security zone. ida. 165.703 Tampa Bay, Florida—Safety Zone. 165.766 Security Zone: HOVENSA Refinery, 165.704 Safety Zone: Tampa Bay, Florida. St. Croix, U.S. Virgin Islands. 165.T0704 Safety Zone: Savannah River, Sa- 165.767 Security Zone; Manbirtee Key, Port vannah, Georgia. of Manatee, Florida. 165.705 Port Canaveral Harbor, Cape Canav- 165.768 Security Zone; MacDill Air Force eral, Florida. Base, Tampa Bay, FL. 165.708 Safety/Security Zone; Charleston 165.770 Security Zone: HOVENSA Refinery, Harbor and Cooper River, Charleston, SC. St. Croix, U.S. Virgin Islands. 165.709 Security Zone; Charleston Harbor, 165.773 Security Zone; Escorted Vessels in Cooper River, South Carolina. Captain of the Port Zone Jacksonville, 165.711 Safety Zone: Port Everglades, Fort Florida. Lauderdale, FL. 165.714 Regulated Navigation Area; Atlantic EIGHTH COAST GUARD DISTRICT Ocean, Charleston, SC. 165.802 Lower Mississippi River, vicinity of 165.720 Safety/Security Zone: St. Johns Old River Control Structure—Safety River, Jacksonville, FL. Zone. 165.721 Safety Zone: St. Johns River, Jack- 165.803 Mississippi River—regulated naviga- sonville, FL. tion area. 165.722 Security Zone: St. Johns River, 165.804 Snake Island, Texas City, Texas; Jacksonville, Florida. mooring and fleeting of vessels—safety 165.726 Regulated Navigation Areas; Miami zone. River, Miami, Florida. 165.805 Calcasieu Channel and Industrial 165.728 Jacksonville, Florida—safety zones. Canal, Calcasieu River, Lake Charles, 165.729 Jacksonville Harbor, Florida—secu- LA. rity zone. 165.806 Sabine Neches Waterway, Texas— 165.730 King’s Bay, Georgia—Regulated regulated navigation area. navigation area. 165.807 Calcasieu River, Louisiana—regu- 165.731 Safety/Security Zone: Cumberland lated navigation area. Sound, Georgia and St. Marys River En- 165.808 Corpus Christi Ship Channel, Corpus trance Channel. Christi, TX, safety zone. 165.751 Security Zone: LNG mooring slip, 165.809 Security Zones; Port of Port Lavaca- Savannah River, Savannah, Georgia. Point Comfort, Point Comfort, TX and 165.752 Sparkman Channel, Tampa, Flor- Port of Corpus Christi Inner Harbor, Cor- ida—regulated navigation area. pus Christi, TX. 165.753 Regulated navigation area; Tampa 165.810 Mississippi River, LA-regulated Bay, Florida. navigation area.

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165.811 Atchafalaya River, Berwick Bay, 165.923 Regulated Navigation Area between LA-regulated navigation area. mile markers 296.1 and 296.7 of the Chi- 165.812 Security Zones; Lower Mississippi cago Sanitary and Ship Canal located River, Southwest Pass Sea Buoy to Mile near Romeoville, IL. Marker 96.0, New Orleans, LA. 165.927 Safety Zone; St. Louis River, Du- 165.813 Security Zones; Ports of Houston luth/Interlake Tar Remediation Site, Du- and Galveston, TX. luth, MN. 165.814 Security Zones; Captain of the Port 165.928 Security Zone; Mackinac Bridge, Houston-Galveston Zone. Straits of Mackinac, Michigan. 165.815 Ohio River at Louisville, KY; regu- 165.929 Safety Zones; Annual events requir- lated navigation area. ing safety zones in the Captain of the 165.817 Arkansas River, Mile 118.2 to 125.4, Port Lake Michigan zone. Little Rock Arkansas—regulated naviga- 165.931 Safety Zone, Chicago Harbor, Navy tion area. Pier Southeast, Chicago, IL. 165.820 Security Zone; Ohio River, Mile 34.6 165.933 Safety Zone, Chicago Harbor, Navy to 35.1, Shippingport, Pennsylvania. Pier East, Chicago, IL. 165.821 Ohio River at Cincinnati, OH; regu- 165.935 Safety Zone, Milwaukee Harbor, Mil- lated navigation area. waukee, WI. 165.825 Security Zones; Captain of the Port 165.939 Safety Zones; Annual Fireworks St. Louis, Missouri. Events in the Captain of the Port Buffalo 165.830 Regulated Navigation Area; Report- Zone. ing Requirements for Barges Loaded with ELEVENTH COAST GUARD DISTRICT Certain Dangerous Cargoes, Inland Riv- ers, Eighth Coast Guard District. 165.T11–036 Safety Zone; San Diego Sym- 165.835 Security Zone; Port of Mobile, Mo- phony Orchestra; San Diego, CA. bile Ship Channel, Mobile, AL. 165.1101 Security Zone: San Diego Bay, CA. 165.1102 Security Zone: San Diego Bay, Cali- NINTH COAST GUARD DISTRICT fornia. 165.1103 Security Zone: San Diego Bay, CA. 165.901 Great Lakes—regulated navigation 165.1104 Security Zone: San Diego Bay, CA. areas. 165.1105 Security Zone: San Diego Bay, Cali- 165.902 Niagara River at Niagara Falls, New fornia. York—safety zone. 165.1106 San Diego Bay, California—safety 165.903 Safety Zones: Cuyahoga River and zone. Old River, Cleveland, OH. 165.1107 San Diego Bay, California. 165.904 Lake Michigan at Chicago Harbor & 165.1108 Security Zones; Cruise Ships, Port Burnham Park Harbor—Safety and Secu- of San Diego, California. rity Zone. 165.1110 Security Zone: Coronado Bay 165.905 USX Superfund Site Safety Zones: Bridge, San Diego, CA. St. Louis River. 165.1120 Security Zone; Naval Amphibious 165.906 Lakeside Yacht Club in Cleveland Base, San Diego, CA. Harbor, Cleveland, OH—regulated navi- 165.1121 Security Zone: Fleet Supply Center gation areas. Industrial Pier, San Diego, CA. 165.907 Safety Zones: Annual fireworks 165.1122 San Diego Bay, Mission Bay and events in the Captain of the Port Detroit their Approaches—Regulated navigation Zone. area. 165.909 [Reserved] 165.1131 Security Zone: Wilson Cove, San 165.910 Security Zones; Captain of the Port Clemente Island, California. Lake Michigan. 165.1151 Security Zones; liquefied hazardous 165.911 Security Zones; Captain of the Port gas tank vessels, San Pedro Bay, Cali- Buffalo Zone. fornia. 165.912 Security Zone; Lake Erie, Perry, 165.1152 San Pedro Bay, California—Regu- OH. lated navigation area. 165.914 [Reserved] 165.1154 Security Zones; Cruise Ships, San 165.915 Security zones; Captain of the Port Pedro Bay, California. Detroit. 165.1155 Security Zone; Diablo Canyon Nu- 165.916 Security Zones; Captain of the Port clear Power Plant, Avila Beach, Cali- Milwaukee Zone, Lake Michigan. fornia. 165.918 [Reserved] 165.1156 Safety Zone; Offshore Marine Ter- 165.920 Regulated Navigation Area: USCG minal, El Segundo, CA. Station Port Huron, Port Huron, MI, 165.1171 Copper Canyon, Lake Havasu, Colo- Lake Huron. rado River—Regulated Navigation Area. 165.921 Regulated Navigation Area; Report- 165.1181 San Francisco Bay Region, Cali- ing Requirements for Barges Loaded with fornia—regulated navigation area. Certain Dangerous Cargoes, Illinois Wa- 165.1182 Safety/Security Zone: San Fran- terway System located within the Ninth cisco Bay, San Pablo Bay, Carquinez Coast Guard District. Strait, and Suisun Bay, CA.

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165.1183 Security Zones; Cruise Ships, Tank- 165.1315 Safety Zones: Fireworks displays in ers and High Interest Vessels, San Fran- the Captain of the Port Portland Zone. cisco Bay and Delta Ports, Monterey Bay 165.1316 Safety Zone; Columbia River, and Humboldt Bay, California. Astoria, Oregon. 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. San Joaquin River, and connecting wa- 165.1318 Security and Safety Zone Regula- ters in California. tions, Large Passenger Vessel Protec- 165.1187 Security Zones; Golden Gate Bridge tion, Portland, OR Captain of the Port and the San Francisco-Oakland Bay Zone Bridge, San Francisco Bay, California. 165.1319 Safety Zone Regulations, Seafair 165.1190 Security Zone; San Francisco Bay, Blue Angels Air Show Performance, Se- Oakland Estuary, Alameda, CA. attle, WA. 165.1191 Safety zones: Northern California 165.1321 Security Zone; Protection of Mili- annual fireworks events. tary Cargo, Captain of the Port Zone 165.1192 Security Zones; Waters surrounding Puget Sound, WA. San Francisco International Airport and Oakland International Airport, San FOURTEENTH COAST GUARD DISTRICT Francisco Bay, California. 165.1401 Apra Harbor, Guam—safety zones. 165.1195 Regulated Navigation Area; Hum- 165.1402 Apra Outer Harbor, Guam—regu- boldt Bay Bar Channel and Humboldt lated navigation area. Bay Entrance Channel, Humboldt Bay, 165.1403 Security Zones; Tinian, Common- California. wealth of the Northern Mariana Islands. 165.1197 Security Zones; San Francisco Bay, 165.1404 Apra Harbor, Guam—security zone. San Pablo Bay, Carquinez Strait, Suisun 165.1405 Regulated Navigation Areas and Se- Bay, California. curity Zones; Designated Escorted Ves- 165.1199 Security Zones; Military Ocean sels-Philippine Sea and Apra Harbor, Terminal Concord (MOTCO), Concord, Guam (including Cabras Island Channel), California. and Tanapag Harbor, Saipan, Common- wealth of the Northern Mariana Islands THIRTEENTH COAST GUARD DISTRICT (CNMI). 165.T13–034 Safety Zones: Fireworks dis- 165.1406 Safety Zone: Pacific Missile Range plays in the Captain of the Port, Puget Facility (PMRF), Barking Sands, Island Sound. of Kauai, Hawaii. 165.T13–035 Safety Zone: Wreckage of the M/ 165.1407 Security Zones; Oahu, HI. V NEW CARISSA, Pacific Ocean 3 Nau- 165.1408 Security Zones; Maui, HI. tical Miles North of the Entrance to Coos 165.1409 Security Zones; Hawaii, HI. Bay, Oregon. 165.1410 Security Zones; Kauai, HI. 165.1301 Puget Sound and Adjacent Waters 165.1411 Security zone; waters surrounding in Northwestern Washington—Regulated U.S. Forces vessel SBX–1, HI. Navigation Area. 165.1302 Bangor Naval Submarine Base, SEVENTEENTH COAST GUARD DISTRICT Bangor, WA. 165.1701 Port Valdez, Valdez, Alaska—safety 165.1303 Puget Sound and adjacent waters, zone. WA—regulated navigation area. 165.1702 Gastineau Channel, Juneau, Alas- 165.1304 Bellingham Bay, Bellingham, WA. ka—safety zone. 165.1305 Commencement Bay, Tacoma, WA. 165.1703 Ammunition Island, Port Valdez, 165.1306 Lake Union, Seattle, WA. Alaska. 165.1307 Elliott Bay, Seattle, WA. 165.1704 Prince William Sound, Alaska-regu- 165.1308 Columbia River, Vancouver WA. lated navigation area. 165.1309 Eagle Harbor, Bainbridge Island, 165.1706 Gastineau Channel, Juneau, Alas- WA. ka—Safety Zone. 165.1310 Strait of Juan de Fuca and adjacent 165.1708 Tongass Narrows, Ketchikan, Alas- coastal waters of Northwest Washington; ka—Safety Zone. Makah Whale Hunting—Regulated Navi- 165.1709 Security Zones: Liquefied Natural gation Area. Gas Tanker Transits and Operations at 165.1311 Olympic View Resource Area, Ta- Phillips Petroleum LNG Pier, Cook Inlet, coma, WA. AK. 165.1312 Security Zone; Portland Rose Fes- 165.1710 Port Valdez and Valdez Narrows, tival on Willamette River. Valdez, Alaska—security zones. 165.1313 Security zone regulations, tank 165.1711 Security Zones; Waters of the Sev- ship protection, Puget Sound and adja- enteenth Coast Guard District cent waters, Washington 165.1314 Safety Zone; Fort Vancouver Fire- Subpart G—Protection of Naval Vessels works Display, Columbia River, Van- couver, Washington. 165.2010 Purpose.

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165.2015 Definitions. (5) The nature of the restrictions or 165.2020 Enforcement authority. conditions desired; and 165.2025 Atlantic Area. (6) The reason why the safety zone, 165.2030 Pacific Area. security zone, or regulated navigation AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. area is necessary. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 (c) Safety Zones and Security Zones. CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. L. 107– If, for good cause, the request for a 295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 safety zone or security zone is made less than 5 working days before the SOURCE: CGD 79–034, 47 FR 29660, July 8, zone is to be established, the request 1982, unless otherwise noted. may be made orally, but it must be fol- EDITORIAL NOTE: Nomenclature changes to lowed by a written request within 24 part 165 appear by USCG–2006–25556, 72 FR hours. 36328, 36329, July 2, 2007. (Requests for safety zones, security zones, and regulated navigation areas are approved Subpart A—General by the Office of Management and Budget under control number 1625–0020) § 165.1 Purpose of part. The purpose of this part is to: [CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 79–026, 48 FR 35408, Aug. 4, (a) Prescribe procedures for estab- 1983; USCG–2006–25150, 71 FR 39211, July 12, lishing different types of limited or 2006] controlled access areas and regulated navigation areas; § 165.7 Notification. (b) Prescribe general regulations for (a) The establishment of these lim- different types of limited or controlled ited access areas and regulated naviga- access areas and regulated navigation tion areas is considered rulemaking. areas; The procedures used to notify persons (c) Prescribe specific requirements of the establishment of these areas for established areas; and vary depending upon the circumstances (d) List specific areas and their and emergency conditions. Notification boundaries. may be made by marine broadcasts, § 165.5 Establishment procedures. local notice to mariners, local news media, distribution in leaflet form, and (a) A safety zone, security zone, or on-scene oral notice, as well as publica- regulated navigation area may be es- tion in the FEDERAL REGISTER. tablished on the initiative of any au- (b) Notification normally contains thorized Coast Guard official. the physical boundaries of the area, the (b) Any person may request that a reasons for the rule, its estimated du- safety zone, security zone, or regulated ration, and the method of obtaining au- navigation area be established. Except thorization to enter the area, if appli- as provided in paragraph (c) of this sec- cable, and special navigational rules, if tion, each request must be submitted applicable. in writing to either the Captain of the (c) Notification of the termination of Port or District Commander having ju- the rule is usually made in the same risdiction over the location as described in Part 3 of this chapter, and form as the notification of its estab- include the following: lishment. (1) The name of the person submitting the request; § 165.8 Geographic coordinates. (2) The location and boundaries of Geographic coordinates expressed in the safety zone, security zone, or regu- terms of latitude or longitude, or both, lated navigation area; are not intended for plotting on maps (3) The date, time, and duration that or charts whose referenced horizontal the safety zone, security zone, or regu- datum is the North American Datum of lated navigation area should be estab- 1983 (NAD 83), unless such geographic lished; coordinates are expressly labeled NAD (4) A description of the activities 83. Geographic coordinates without the planned for the safety zone, security NAD 83 reference may be plotted on zone, or regulated navigation area; maps or charts referenced to NAD 83

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only after application of the appro- Subpart B—Regulated Navigation priate corrections that are published Areas on the particular map or chart being used. § 165.10 Regulated navigation areas. [CGD 86–082, 52 FR 33811, Sept. 8, 1987] A regulated navigation area is a water area within a defined boundary § 165.9 Geographic application of lim- for which regulations for vessels navi- ited and controlled access areas gating within the area have been estab- and regulated navigation areas. lished under this part. (a) General. The geographic applica- § 165.11 Vessel operating requirements tion of the limited and controlled ac- (regulations). cess areas and regulated navigation areas in this part are determined based Each District Commander may con- on the statutory authority under which trol vessel traffic in an area which is each is created. determined to have hazardous conditions, by issuing regulations: (b) Safety zones and regulated naviga- (a) Specifying times of vessel entry, tion areas. These zones and areas are movement, or departure to, from, with- created under the authority of the in, or through ports, harbors, or other Ports and Waterways Safety Act, 33 waters; U.S.C. 1221–1232. Safety zones estab- (b) Establishing vessel size, speed, lished under 33 U.S.C. 1226 and regu- draft limitations, and operating condi- lated navigation areas may be estab- tions; and lished in waters subject to the jurisdic- (c) Restricting vessel operation, in a tion of the United States as defined in hazardous area or under hazardous con- § 2.38 of this chapter, including the ter- ditions, to vessels which have par- ritorial sea to a seaward limit of 12 ticular operating characteristics or ca- nautical miles from the baseline. pabilities which are considered nec- (c) Security zones. These zones have essary for safe operation under the cir- two sources of authority—the Ports cumstances. and Waterways Safety Act, 33 U.S.C. [CGD 79–026, 48 FR 35408, Aug. 4, 1983] 1221–1232, and the Act of June 15, 1917, as amended by both the Magnuson Act § 165.13 General regulations. of August 9, 1950 (‘‘Magnuson Act’’), 50 (a) The master of a vessel in a regu- U.S.C. 191–195, and sec. 104 the Mari- lated navigation area shall operate the time Transportation Security Act of vessel in accordance with the regula- 2002 (Pub. L. 107–295, 116 Stat. 2064). Se- tions contained in Subpart F. curity zones established under either 33 (b) No person may cause or authorize U.S.C. 1226 or 50 U.S.C. 191 may be es- the operation of a vessel in a regulated tablished in waters subject to the juris- navigation area contrary to the regula- diction of the United States as defined tions in this part. in § 2.38 of this chapter, including the territorial sea to a seaward limit of 12 Subpart C—Safety Zones nautical miles from the baseline. (d) Naval vessel protection zones. These § 165.20 Safety zones. zones are issued under the authority of A Safety Zone is a water area, shore 14 U.S.C. 91 and 633 and may be estab- area, or water and shore area to which, lished in waters subject to the jurisdic- for safety or environmental purposes, tion of the United States as defined in access is limited to authorized persons, § 2.38 of this chapter, including the ter- vehicles, or vessels. It may be sta- ritorial sea to a seaward limit of 12 tionary and described by fixed limits or nautical miles from the baseline. it may be described as a zone around a vessel in motion. [USCG–2001–9044, 68 FR 42602, July 18, 2003, as amended by USCG–2006–25411, 71 FR 54421, § 165.23 General regulations. Sept. 15, 2006] Unless otherwise provided in this part:

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(a) No person may enter a safety zone (c) The Captain of the Port may take unless authorized by the COTP or the possession and control of any vessel in District Commander; the security zone; (b) No person may bring or cause to (d) The Captain of the Port may re- be brought into a safety zone any vehi- move any person, vessel, article, or cle, vessel, or object unless authorized thing from a security zone; by the COTP or the District Com- (e) No person may board, or take or mander; place any article or thing on board, (c) No person may remain in a safety any vessel in a security zone without zone or allow any vehicle, vessel, or ob- the permission of the Captain of the ject to remain in a safety zone unless Port; and authorized by the COTP or the District (f) No person may take or place any Commander; and article or thing upon any waterfront (d) Each person in a safety zone who facility in a security zone without the has notice of a lawful order or direc- permission of the Captain of the Port. tion shall obey the order or direction of the COTP or District Commander Subpart E—Restricted Waterfront issued to carry out the purposes of this Areas subpart. § 165.40 Restricted waterfront areas. Subpart D—Security Zones The Commandant, may direct the COTP to prevent access to waterfront § 165.30 Security zones. facilities, and port and harbor areas, (a) A security zone is an area of land, including vessels and harbor craft water, or land and water which is so therein. This section may apply to per- designated by the Captain of the Port sons who do not possess the credentials or District Commander for such time outlined in § 125.09 of this chapter when as is necessary to prevent damage or certain shipping activities are con- injury to any vessel or waterfront fa- ducted that are outlined in § 125.15 of cility, to safeguard ports, harbors, ter- this chapter. ritories, or waters of the United States or to secure the observance of the Subpart F—Specific Regulated rights and obligations of the United States. Navigation Areas and Limited (b) The purpose of a security zone is Access Areas to safeguard from destruction, loss, or FIRST COAST GUARD DISTRICT injury from sabotage or other subver- sive acts, accidents, or other causes of § 165.T01–165 Safety Zone: Ambrose a similar nature: Light, Offshore Sandy Hook, NJ, At- (1) Vessels, lantic Ocean. (2) Harbors, (a) Location. The following area is a (3) Ports, and Safety Zone: All navigable waters of (4) Waterfront facilities: the Atlantic Ocean within a 250 yard in the United States and all territory radius of Ambrose Light (LLNR 720) at and water, continental or insular, that position 40°27′00″ N, 73°48′00″ W, approxi- is subject to the jurisdiction of the mately 8.35 nautical miles east of United States. Sandy Hook, NJ. (b) Effective dates. This regulation is § 165.33 General regulations. effective from 11:59 p.m. on May 5, 2008 Unless otherwise provided in the spe- to 11:59 p.m. on November 1, 2008. cial regulations in Subpart F of this (c) Definitions. The following defini- part: tion applies to this section: On-scene (a) No person or vessel may enter or representative, means any commis- remain in a security zone without the sioned, warrant, and petty officers of permission of the Captain of the Port; the Coast Guard on board Coast Guard, (b) Each person and vessel in a secu- Coast Guard Auxiliary, and local, rity zone shall obey any direction or state, and federal law enforcement ves- order of the Captain of the Port; sels who have been authorized to act on

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the behalf of the Captain of the Port, ized to enter and move within the secu- New York. rity zones of this section in the normal (d) Regulations. (1) The general regu- course of their operations. lations contained in 33 CFR 165.23 (2) Vessel operators desiring to enter apply. or operate within the security zone (2) In accordance with the general must contact the COTP or the COTP’s regulations in § 165.23 of this part, designated representative to obtain entry into, transiting, or anchoring permission by calling the Sector Bos- within this safety zone is prohibited ton Command Center at 617–223–5761 or unless authorized by the Captain of the via VHF–FM Channel 16. All persons Port New York, or his on-scene rep- and vessels granted permission to enter resentative. the security zone shall comply with the [USCG–2008–0373, 73 FR 30485, May 28, 2008] directions of the COTP or the COTP’s EFFECTIVE DATE NOTE: By USCG–2008–0373, authorized representative. 73 FR 30485, May 28, 2008, temporary [USCG–2008–0301, 73 FR 31613, June 3, 2008] § 165.T01–165 was added, effective May 5, 2008 through Nov. 1, 2008. EFFECTIVE DATE NOTE: By USCG–2008–0301, 73 FR 31613, June 3, 2008, temporary § 165.T01– § 165.T01–0301 Security Zone: Lique- 0301 was added, effective May 16, 2008 fied Natural Gas Carrier Transit through July 12, 2008. and Anchorage Operations, Massa- chusetts Bay, MA. § 165.T01–0372 Safety Zones: Northeast (a) Location. The following area is a Gateway, Deepwater Port, Atlantic security zone: Ocean, Boston, MA. All waters of Massachusetts Bay, (a) Location. The following areas are from surface to bottom, within a five safety zones: All navigable waters of hundred (500) meter radius of any Liq- the United States within a 500-meter uefied Natural Gas Carrier engaged in radius of the two submerged turret regasification or transfer, or otherwise loading buoys of the Northeast Gate- moored, anchored, or affixed to the way Deepwater Port located at 42°23′38″ Northeast Gateway Deepwater Port lo- N, 070°35′31″ W and 42°23′56″ N, 070°37′00″. cated in Massachusetts Bay at approxi- All coordinates are North American mate position 42°23′ N, 70°36′ W. Datum 1983. (b) Effective period. This section is ef- (b) Definitions. As used in this sec- fective from May 16, 2008, through July tion— 12, 2008. Authorized representative means a (c) Definitions. As used in this sec- Coast Guard commissioned, warrant, or tion— petty officer or a Federal, State, or Authorized representative means a local law enforcement officer des- Coast Guard commissioned, warrant, or ignated by or assisting the Captain of petty officer or a Federal, State, or the Port, Boston (COTP). local law enforcement officer des- means any facility or ignated by or assisting the Captain of Deepwater port the Port, Boston (COTP). structure meeting the definition of Deepwater port means any facility or deepwater port in 33 CFR 148.5. structure meeting the definition of Support vessel means any vessel meet- deepwater port in 33 CFR 148.5. ing the definition of support vessel in Support vessel means any vessel meet- 33 CFR 148.5. ing the definition of support vessel in (c) Regulations. (1) The general regu- 33 CFR 148.5. lations contained in 33 CFR 165.23 (d) Regulations. (1) In accordance with apply. the general regulations in § 165.33 of (2) In accordance with the general this part, entry into or movement regulations in § 165.23 of this part, within the security zones is prohibited entry into or movement within these unless authorized by the COTP or his/ zones is prohibited unless authorized her authorized representative. Support by the Captain of the Port, Boston. vessels assisting the Liquefied Natural Liquefied Natural Gas Carrier vessels Gas Carrier calling on the Northeast and related Support Vessels calling on Gateway Deepwater Port are author- the Northeast Gateway Deepwater Port

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are authorized to enter and move with- (ii) Effective Date. This rule will be ef- in the safety zones of this section in fective from 7:45 a.m. through 9:15 a.m. the normal course of their operations. on June 15, 2008. (3) All persons and vessels shall com- (b) Definition. As used in this section, ply with the Coast Guard Captain of designated representative means any the Port or authorized representative. Coast Guard commissioned, warrant, or (4) Upon being hailed by an author- petty officer, or any federal, state, or ized representative by siren, radio, local law enforcement officer author- flashing light or other means, the oper- ized to enforce this regulation on be- ator of the vessel shall proceed as di- half of the Coast Guard Captain of the rected. Port (COTP). (5) Persons and vessels may contact (c) Regulations. (1) In accordance with the Coast Guard to request permission the general regulations in section to enter the zone on VHF–FM Channel 165.23 of this part, entry into or re- 16 or via phone at 617–223–5761. maining in the safety zones described in paragraph (a) of this section is pro- [USCG–2008–0372, 73 FR 28041, May 15, 2008] hibited unless authorized by the COTP Boston, or the COTP’s designated rep- EFFECTIVE DATE NOTE: By USCG–2008–0372, 73 FR 28041, May 15, 2008, temporary resentative. § 165.T01–0372 was added, effective May 7, 2008 (2) Persons desiring to transit within through July 12, 2008. the safety zones established in this section may contact the COTP at tele- § 165.T01–0421 Safety Zones: Central phone number 617–223–3008 or via on- Massachusetts Swim Events. scene patrol personnel on VHF channel (a) Location. The following swim 16 to seek permission to do so. If per- events include safety zones as de- mission is granted, all persons and ves- scribed herein: sels must comply with the instructions (1) Cohasset Triathlon, Sandy Beach, of the COTP or his or her designated Cohasset, MA representative. (i) All waters in the vicinity of [USCG–2008–0421, 73 FR 35348, June 23, 2008] Cohasset Harbor, from surface to bot- EFFECTIVE DATE NOTE: By USCG–2008–0421, tom, within a 200-yard radius around 73 FR 35348, June 23, 2008, temporary Sandy Beach. § 165.T01–0421 was added, effective June 15, (ii) Effective Date. This rule will be ef- 2008 through July 12, 2008. fective from 7:30 a.m. through 9 a.m. on June 29, 2008. § 165.100 Regulated Navigation Area: Navigable waters within the First (2) Swim Across America, Boston, Coast Guard District. MA to Boston Light, MA (i) All waters of Boston Harbor, from (a) Regulated navigation area. All nav- surface to bottom, within a 100-yard ra- igable waters of the United States, as dius around the swimmers swimming that term is used in 33 CFR 2.36, within from Rowes Wharf to Boston Light. the geographic boundaries of the First Coast Guard District, as defined in 33 (ii) Effective Date. This rule will be ef- CFR 3.05–1(b). fective from 7 a.m. through 3 p.m. on (b) Definitions. Terms used in this July 11, 2008. section have the same meaning as (3) Swim Across America, Nantasket those found in 33 CFR 157.03. Single- Beach, Hull, MA hull identifies any tank barge that is (i) All waters of Nantasket Beach, not a double-hull tank barge. from surface to bottom, within a 100- (c) Applicability. This section applies yard radius around Nantasket Beach. to primary towing vessels engaged in (ii) Effective Date. This rule will be ef- towing tank barges carrying petroleum fective from 9 a.m. through 11 a.m. on oil in bulk as cargo in the regulated July 12, 2008. navigation area, or as authorized by (4) Charles River One Mile Swim, the District Commander. Charles River, Boston, MA (d) Regulations—(1) Positive control for (i) All waters of Charles River, from barges. (i) Except as provided in para- surface to bottom, between the Long- graph (d)(1)(iii) and paragraph 5 of this fellow Bridge and the Harvard bridge. section, each single hull tank barge,

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unless being towed by a primary tow- (iii) 32A Buoy (LLNR 21380). ing vessel with twin-screw propulsion (iv) Cable and Anchor Reef Buoy and with a separate system for power (LLNR 21330). to each screw, must be accompanied by (v) Stratford Middle Ground Light an escort tug of sufficient capability to (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). (E) Grounding; (x) CF Buoy (LLNR 21140). (F) A loss of steering; or (xi) PI Buoy (LLNR 21080). (G) Any other time a vessel may be (xii) Race Rock Light (LLNR 19815). operating in a Hazardous Vessel Oper- (xiii) Valiant Rock Buoy (LLNR ating Condition as defined in § 161.2 of 19825). this Chapter. (xiv) Approach to Point Judith in vi- (ii) Double-hull tank barges are ex- cinity of Block Island ferry route. empt from paragraph (d)(1)(i) of this (xv) Buzzards Bay Entrance Light section. (LLNR 630). (iii) The cognizant Captain of the (xvi) Buzzards Bay Midchannel Light- Port (COTP), upon written application, ed Buoy (LLNR 16055) may authorize an exemption from the (xvii) Cleveland East Ledge Light requirements of paragraph (d)(1)(i) of (LLNR 16085). this section for— (xviii) Hog Island buoys 1 (LLNR (A) Any tank barge with a capacity 16130) and 2 (LLNR 16135). of less than 25,000 barrels, operating in (xix) Approach to the Bourne Bridge. an area with limited depth or width (xx) Approach to the Sagamore such as a creek or small river; or Bridge. (B) Any tank barge operating on any (xxi) Approach to the eastern en- waters within the COTP Zone, if the trance of Cape Cod Canal. operator demonstrates to the satisfac- (3) Voyage planning. (i) Each owner or tion of the COTP that the barge em- operator of a towing vessel employed ploys an equivalent level of safety to to tow a tank barge shall prepare a that provided by the positive control written voyage plan for each transit of provisions of this section. Each request the tank barge. for an exemption under this paragraph (ii) The watch officer is authorized to must be submitted in writing to the make modifications to the plan and cognizant COTP no later than 7 days validate it as necessary. before the intended transit. (iii) Except as provided in paragraph (iv) The operator of a towing vessel (d)(3)(iv) of this section, each voyage engaged in towing any tank barge must plan must contain: immediately call for an escort or assist (A) A description of the type, volume, tug to render assistance in the event of and grade of cargo. any of the occurrences identified in (B) Applicable information from nau- paragraph (d)(1)(i) of this section. tical charts and publications, including (2) Enhanced communications. Each Coast Pilot, Coast Guard Light List, vessel engaged in towing a tank barge and Coast Guard Local Notice to Mari- must communicate by radio on marine ners, for the destination(s). band or Very High Frequency (VHF) (C) Current and forecasted weather, channel 13 or 16, and issue security including visibility, wind, and sea state calls on marine band or VHF channel for the destination(s). 13 or 16, upon approach to the following (D) Data on tides and tidal currents places: for the destination(s). (i) Execution Rocks Light (USCG (E) Forward and after drafts of the Light List No. [LLNR] 21440). tank barge, and under-keel and vertical (ii) Matinecock Point Shoal Buoy clearances for each port and berthing (LLNR 21420). area.

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(F) Pre-departure checklists. through the Elizabeth Islands, is not (G) Calculated speed and estimated considered to be ‘‘Buzzards Bay’’. times of arrival at proposed waypoints. (ii) Additional positive control for (H) Communication contacts at Ves- barges. Except as provided in paragraph sel Traffic Service (VTS) (if applica- (d)(1)(iii) of this section, each single ble), bridges, and facilities, and port- hull tank barge transiting Buzzards specific requirements for VHF radio. Bay and carrying 5,000 or more barrels (I) The master’s standing orders de- of oil or other hazardous material tailing closest points of approach, spe- must, in addition to its primary tug, be cial conditions, and critical maneu- accompanied by an escort tug of suffi- vers. cient capability to promptly push or (iv) Each owner or operator of a tank tow the tank barge away from danger barge on an intra-port transit of not of grounding or collision in the event more than four hours may prepare a of— voyage plan that contains: (A) A propulsion failure; (A) The information described in (B) A parted tow line; paragraphs (d)(3)(iii)(D) and (E) of this (C) A loss of tow; section. (D) A fire; (B) Current weather conditions in- (E) Grounding; cluding visibility, wind, and sea state. (F) A loss of steering; or This information may be entered in ei- (G) Any other time a vessel may be ther the voyage plan or towing vessel’s operating in a Hazardous Vessel Oper- log book. ating Condition as defined in § 161.2 of (C) The channels of VHF radio to this subchapter. monitor. (iii) Federal pilotage. Each single hull (D) Other considerations such as tank barge transiting Buzzards Bay availability of pilot, assist tug, berth, and carrying 5,000 or more barrels of oil and line-handlers, depth of berth at or other hazardous material must be mean low water, danger areas, and se- under the direction and control of a curity calls. pilot, who is not a member of the crew, (4) Navigation restriction areas. Unless operating under a valid, appropriately authorized by the cognizant COTP, no endorsed, Federal first class pilot’s li- tank barge may operate in— cense issued by the Coast Guard (‘‘fed- (i) The waters of Cape Cod Bay south erally licensed pilot’’). Pilots are re- of latitude 42°5′ North and east of lon- quired to embark, direct, and control gitude 70°25′ West; or from the primary tug during transits of (ii) The waters of Fishers Island Buzzards Bay. Sound east of longitude 72°2′ West, and (iv) In addition to the vessels denoted west of longitude 71°55′ West. in § 161.16 of this chapter, requirements (5) Special Buzzards Bay regulations. set forth in subpart B of 33 CFR part (i) For the purposes of this section, 161 also apply to any vessel transiting ‘‘Buzzards Bay’’ is the body of water VMRS Buzzards Bay required to carry east and north of a line drawn from the a bridge-to-bridge radiotelephone by southern tangent of Sakonnet Point, Part 26 of this chapter. Rhode Island, in approximate position (A) A VMRS Buzzards Bay user must: latitude 41°–27.2′ North, longitude 70°– (1) Not enter or get underway in the 11.7′ West, to the Buzzards Bay En- area without first notifying the VMRS trance Light in approximate position Center; latitude 41°–23.5′ North, longitude 71°– (2) Not enter VMRS Buzzards Bay if a 02.0′ West, and then to the south- Hazardous Vessel Operating Condition western tangent of Cuttyhunk Island, or circumstance per § 161.2 of this Sub- Massachusetts, at approximate posi- chapter exists; tion latitude 41°–24.6′ North, longitude (3) If towing astern, do so with as 70°–57.0′ West, and including all of the short a hawser as safety and good sea- Cape Cod Canal to its eastern entrance, manship permits; except that the area of New Bedford (4) Not meet, cross, or overtake any harbor within the confines (north) of other VMRS user in the area without the hurricane barrier, and the passages first notifying the VMRS center;

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(5) Before meeting, crossing, or over- line of Walkers Point to the beginning taking any other VMRS user in the point. The aforementioned offshore po- area, communicate on the designated sitions are approximated by white vessel bridge-to-bridge radiotelephone buoys marked in orange indicating an frequency, intended navigation move- exclusionary area. ments, and any other information nec- (b) Regulations. (1) In accordance with essary in order to make safe passing the general regulations in § 165.33 of arrangements. This requirement does this part, entry into this zone is pro- not relieve a vessel of any duty pre- hibited unless authorized by the Cap- scribed by the International Regula- tain of the Port, Portland, Maine. Sec- tions for Prevention of Collisions at tion 165.33 also contained other general Sea, 1972 (33 U.S.C. 1602(c)) or the In- requirements. land Navigation Rules (33 U.S.C. 2005). (2) No person may swim upon or (B) [Reserved] below the surface of the water within (e) In addition to the authority for the boundaries of this security zone. this part 165, this section is also authorized under authority of section 311, [CGDI 89–008, 54 FR 13883, Apr. 6, 1989] Pub. L. 105–383. § 165.103 Safety and Security Zones; [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as LPG Vessel Transits in Portland, amended by CGD01–98–151, 64 FR 12749, Mar. Maine, Captain of the Port Zone, 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, Portsmouth Harbor, Portsmouth, 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; New Hampshire. CGD01–04–133, 72 FR 50058, Aug. 30, 2007; CGD01–04–133, 72 FR 70780, Dec. 13, 2007; (a) Location. The following areas are USCG–2008–0179, 73 FR 35016, June 19, 2008] safety and security zones: (1) Except as provided in paragraph (a) (2) of this § 165.101 Kittery, Maine—regulated section, all navigable waters of the navigation area. Portland, Maine, Captain of the Port (a) The following is a regulated navi- zone, as defined in 33 CFR 3.05–15, one gation area—Waters within the bound- mile ahead, one half mile astern, and aries of a line beginning at 43°04′50″ N, 1000-yards on either side of any Lique- 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ fied Petroleum Gas vessel. W; then to 43°04′59″ N, 70°44′46″ W; then (2) All waters of the Piscataqua River to 43°05′05″ N, 70°44′32″ W; then to within a 500-yard radius of any Lique- 43°05′03″ N, 70°44′30″ W; then to the be- fied Petroleum Gas (LPG) vessel while ginning point. it is moored at the LPG receiving facil- (b) Regulations. No vessel may oper- ity on the Piscataqua River, ate in this area at a speed in excess of Newington, New Hampshire. five miles per hour. (b) Definitions. For purposes of this section, navigable waters of the United § 165.102 Security Zone: Walkers Point, States includes all waters of the terri- Kennebunkport ME. torial sea as described in Presidential (a) Location. The following area is a Proclamation No. 5928 of December 27, security zone: From point of land lo- 1988. Presidential Proclamation No. cated on Cape Arundel at latitude 5928 of December 27, 1988 declared that 43°20.4′ North, Iongitude 070°28.0′ West; the territorial sea of the United States thence to a point approximately 500 extends to 12 nautical miles from the yards southwest of Walkers Point lo- baseline of the United States. cated at latitude 43°20.2′ North, lon- (c) Regulations. (1) In accordance with gitude 070°27.9′ West; thence to a point the general regulations in §§ 165.23 and located approximately 500 yards south 165.33 of this part, entry into or move- of Walkers Point at latitude 43°20.1′ ment within these zones is prohibited North, longitude 070°27.6′ West; thence unless previously authorized by the to a point located approximately Captain of the Port (COTP), Portland, southeast of Walkers Point at latitude Maine. 43°20.4′ North, longitude 070°27.2′ West; (2) All persons and vessels shall com- thence to an unnamed point of land lo- ply with the instructions of the COTP cated at 43°20.9′ North, longitude or the designated on-scene U.S. Coast 070°27.1′ West; thence along the shore- Guard patrol personnel. On-scene Coast

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Guard patrol personnel include com- vance notice via Marine Safety Infor- missioned, warrant, and petty officers mation Radio Broadcasts. of the Coast Guard on board Coast [CGD01–01–155, 67 FR 49582, July 31, 2002] Guard, Coast Guard Auxiliary, and local, state, and federal law enforce- § 165.105 Security Zones; Passenger ment vessels. Emergency response ves- Vessels, Portland, Maine, Captain of sels are authorized to move within the the Port Zone. zone, but must abide by restrictions (a) Definition. ‘‘Passenger vessel’’ as imposed by the Captain of the Port. used in this section means a passenger (3) No person may swim upon or vessel over 100 gross tons authorized to below the surface of the water within carry more than 500 passengers for hire the boundaries of the safety and secu- making voyages, any part of which is rity zones unless previously authorized on the high seas, and for which pas- by the Captain of the Port, Portland, sengers are embarked, disembarked or Maine or his authorized patrol rep- pay a port call, in the Portland, Maine, resentative. Captain of the Port zone as delineated (d) The Captain of the Port will no- in 33 CFR 3.05–15. tify the maritime community and local (b) Location. The following areas are agencies of periods during which these security zones: safety and security zones will be in ef- (1) All navigable waters within the fect by providing notice of arrivals and Portland, Maine, Captain of the Port departures of LPG vessels via the tele- Zone, extending from the surface to the phone and/or Marine Safety Informa- sea floor, within a 100-yard radius of tion Radio Broadcasts. any passenger vessel that is anchored, moored, or in the process of mooring. [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] (2) All navigable waters, within the Portland, Maine, Captain of the Port § 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Ken- Zone, extending from the surface to the nebec River, Bath, Maine. sea floor, extending 200 yards ahead, and 100 yards aside and astern of any (a) Location. The following is a safety passenger vessel that is underway. zone: all waters of the Kennebec River (c) Regulations. (1) In accordance with within a 150-yard radius of the Bath the general regulations in § 165.33 of Iron Works dry dock while it is being this part, entry into or movement moved to and from its moored position within these zones is prohibited unless at the Bath Iron Works Facility in previously authorized by the Coast Bath, Maine to a deployed position in Guard Captain of the Port, Portland, the Kennebec River, and while launch- Maine (COTP) or his designated rep- ing or recovering vessels. resentative. (b) Regulations. (1) In accordance with (2) All persons and vessels must com- the general regulations in § 165.23 of ply with the instructions of the COTP this part, entry into or movement or the designated on-scene Coast Guard within this zone is prohibited unless patrol personnel. On-scene Coast Guard authorized by the Captain of the Port, patrol personnel include commissioned, Portland, Maine. warrant and petty officers of the Coast (2) All vessel operators shall comply Guard on board Coast Guard, Coast with the instructions of the COTP or Guard Auxiliary, and local, state and the designated on-scene U. S. Coast federal law enforcement vessels. Emer- Guard patrol personnel. On-scene Coast gency response vessels are authorized Guard patrol personnel include com- to move within the zone, but must missioned, warrant and petty officers abide by restrictions imposed by the of the Coast Guard on board Coast COTP or his designated representative. Guard, Coast Guard Auxiliary, local, (3) No person may swim upon or state and federal law enforcement ves- below the surface of the water within sels. the boundaries of these security zones (c) Notifications. The Captain of the unless previously authorized by the Port will notify the maritime commu- COTP or his designated representative. nity of periods during which this safety (d) Enforcement. The Captain of the zone will be in effect by providing ad- Port will enforce these zones and may

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enlist the aid and cooperation of any (1) Vessels underway. All navigable Federal, state, county, municipal, or waters of the United States within the private agency to assist in the enforce- Captain of the Port (COTP) Boston ment of the regulation. zone, as defined in 33 CFR 3.05–10, two [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] miles ahead and one mile astern, and 500 yards on each side of any liquefied § 165.106 Security Zone: Seabrook Nu- natural gas carrier (LNGC) vessel while clear Power Plant, Seabrook, New underway. Hampshire. (2) Vessels anchored in the Broad (a) Location. The following area is a Sound. All waters within a 500-yard ra- security zone: All land and waters dius of any anchored LNGC vessel lo- within 250 yards of the waterside prop- cated in the waters of Broad Sound erty boundary of Seabrook Nuclear bounded by a line starting at position Power Plant identified as follows: be- 42 deg. 25′ N, 070 deg. 58′ W; then run- ginning at position 42°53′58″ N, 070°51′06″ ning southeast to position 42 deg. 22′ N, W then running along the property 070 deg. 56′ W; then running east to po- boundaries of Seabrook Nuclear Power sition 42 deg. 22′ N, 070 deg. 50′ W; then ° ′ ″ ° ′ ″ Plant to position 42 53 46 N, 070 51 06 running north to position 42 deg. 25′ N, W. All coordinates reference 1983 North 070 deg. 50′ W; then running west back American Datum (NAD 83). to the starting point (NAD 83). (b) Regulations. (1) In accordance with (3) Vessels moored at the Distrigas LNG the general regulations in § 165.33 of facility. All waters within a 400-yard ra- this part, entry into or movement dius of any LNGC vessel moored at the within this zone is prohibited unless authorized by the Captain of the Port, Distrigas LNG facility in Everett, MA. Portland, Maine (COTP). (c) Regulations. (1) In accordance with (2) All persons and vessels shall com- the general regulations in Sec. 165.23 ply with the instructions of the Coast and Sec. 165.33 of this part, entry into Guard Captain of the Port, Portland, or movement within these zones is pro- Maine or designated on-scene U.S. hibited unless authorized by the Cap- Coast Guard patrol personnel. On-scene tain of the Port Boston, or his/her au- Coast Guard patrol personnel include thorized representative. commissioned, warrant, and petty offi- (2) All vessel operators shall comply cers of the Coast Guard on board Coast with the instructions of the COTP or Guard, Coast Guard Auxiliary, local, his/her designated on-scene U.S. Coast state and federal law enforcement ves- Guard patrol personnel. On-scene Coast sels. Guard patrol personnel include com- (3) No person may swim upon or missioned, warrant, and petty officers below the surface of the water within of the Coast Guard on board Coast the boundaries of this security zone. Guard, Coast Guard Auxiliary, local, [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] State, and Federal law enforcement vessels. § 165.110 Safety and Security Zone; (3) No person may enter the waters Liquefied Natural Gas Carrier within the boundaries of the safety and Transits and Anchorage Operations, security zones in this section unless Boston, Massachusetts. previously authorized by the Captain of (a) Definition. For purposes of this the Port, Boston, or his/her authorized section, navigable waters of the United patrol representative. States includes all waters of the territorial sea as described in Presidential [CGD01–02–023, 67 FR 63263, Oct. 11, 2002] Proclamation No. 5928 of December 27, EFFECTIVE DATE NOTE: By USCG–2007–0087, 1988. Presidential Proclamation No. 73 FR 34194, June 17, 2008, § 165.110 was 5928 of December 27, 1988 declared that amended by revising paragraphs (a), (c)(2) the territorial sea of the United States and (c)(3) and by adding paragraph (b)(4), ef- extends to 12 nautical miles from the fective July 17, 2008. For the convenience of baseline of the United States. the user, the added and revised text is set (b) Location. The following areas are forth as follows: safety and security zones:

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§ 165.110 Safety and Security Zone; Lique- easternmost point protruding into Bos- fied Natural Gas Carrier Transits and An- ton Harbor from Hoosac Pier to the chorage Operations, Boston, Massachu- setts. outer westernmost point protruding (a) Definitions. As used in this section— into Boston Harbor from Pier 1, Authorized representative means a Coast Charlestown Navy Yard, extending in- Guard commissioned, warrant, or petty offi- bound along the face of both piers to cer or a Federal, State, or local law enforce- the landside points where both piers ment officer designated by or assisting the end. Captain of the Port (COTP) Boston. (3) Around the U.S.S. Constitution— Deepwater port means any facility or structure meeting the definition of deepwater fifty yards in all directions in the wa- port in 33 CFR 148.5. ters around Constitution when the ves- Support vessel means any vessel meeting sel is moored at any Boston berthing the definition of support vessel in 33 CFR location other than Pier 1, Charlestown 148.5. Navy Yard. (b) * * * (b) The general regulations governing (4) Vessels calling on a deepwater port. All waters within a 500-meter radius of any safety zones as contained in 33 CFR LNGC engaged in regasification or transfer, 165.23 apply. or otherwise moored, anchored, or affixed to [CGD1 91–109, 57 FR 30407, July 9, 1992] a deepwater port listed in 33 CFR 150.490 and falling within the waters of the Boston COTP Zone, as defined in 33 CFR 3.05–10. § 165.112 Safety Zone: USS CASSIN (c) * * * YOUNG, Boston, Massachusetts. (2) No person or vessel may enter the wa- (a) Location. The following area is a ters within the boundaries of the safety and safety zone: security zones described in paragraph (b) of this section unless previously authorized by Around the USS CASSIN YOUNG the COTP Boston, or his/her authorized rep- (DD–793) and any accompanying parade resentative. However, LNGCs and support vessels when the USS CASSIN YOUNG vessels, as defined in 33 CFR 148.5, operating is underway. The zone extends 100 in the vicinity of NEGDWP are authorized to yards in all directions in the waters enter and move within such zones in the nor- around the USS CASSIN YOUNG and mal course of their operations following the accompanying parade vessels whenever requirements set forth in 33 CFR 150.340 and 150.345, respectively. the USS CASSIN YOUNG is underway (3) All vessels operating within the safety in Boston Harbor from the time the and security zones described in paragraph (b) USS CASSIN YOUNG departs its berth of this section must comply with the in- until it is safely moored. structions of the COTP or his/her authorized (b) Regulations. The general regula- representative. tions governing safety zones as contained in 33 CFR 165.23 apply. § 165.111 Safety Zone: Boston Harbor, Boston, Massachusetts. [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] (a) The following areas are established as safety zones during the condi- § 165.113 Security Zone: Dignitary ar- tions specified: rival/departure Logan International Airport, Boston, MA (1) Around the U.S.S. Constitution or any accompanying parade vessels when (a) Location. The permanent security Constitution is under way—300 yards in zone consists of four sectors that may all directions in the waters around the be activated in part, or in whole, upon U.S.S. Constitution and each parade ves- the request of the U.S. Secret Service. sel accompanying Constitution when- These zones are for the protection of ever the U.S.S. Constitution is under- the President or Vice President of the way in Boston Harbor from the time United States, as well as visiting heads such vessels depart their respective of foreign states or foreign govern- berths until the time they complete ments arriving at, or departing from, their transit and are safely moored. Logan International Airport and as de- (2) Whenever Constitution is moored termined by the transit route across at Pier 1, Charlestown Navy Yard—the Boston Harbor. The security zone will waters between Hoosac Pier and Pier 1, be as follows: Charlestown Navy Yard, from the (1) Sector one will go into effect 15 imaginary line connecting the outer minutes prior to the scheduled landing

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or takeoff of the aircraft carrying ei- ignated on scene patrol personnel. ther the President, Vice President, or Coast Guard patrol personnel include visiting heads of foreign states or for- commissioned, warrant, and petty offi- eign governments at Logan Inter- cers of the Coast Guard. Upon being national Airport. Sector one will pre- hailed by a Coast Guard vessel via clude all vessels from approaching siren, radio, flashing light, or other within three hundred yards of the means, the operator of a vessel shall Logan International Airport shoreline, proceed as directed. bound on the west by a line drawn between positions 42°22′45″ N., 071°01′05″ [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] W. and 42°21′48″ N., 071°01′45″ W. (NAD) 1983). § 165.114 Safety and Security Zones: (2) Sector two will go into effect 15 Escorted Vessels—Boston Harbor, minutes before the vehicle carrying the Massachusetts. President, Vice President, or visiting (a) Location. The following waters heads of foreign states or foreign gov- within the Boston Captain of the Port ernments enters the Callahan Tunnel Zone, 1000 yards ahead and astern, and or Sumner Tunnel. Sector two may 100 yards on each side of any des- preclude vessels, as necessary, from en- ignated escorted vessel, are established tering an area of the main ship chan- as safety and security zones: All waters nel, Boston Inner Harbor; fifty yards in of Boston Inner Harbor, including the all directions from a point directly waters of the Mystic River, Chelsea above the Callahan Tunnel or Sumner River, and Reserved Channel west of a Tunnel. line running from Deer Island Light, at (3) Sector three will go into effect 15 position 42°20′25″ N, 070°57′15″ W, to minutes before the vehicle carrying the Long Island, at position 42°19′48″ N, President, Vice President, or visiting 070°57′15″ W, and west of the Long Is- heads of foreign states or foreign governments enters the Ted Williams Tun- land Bridge, running from Long Island nel. Sector three may preclude vessels, to Moon Head. as necessary, from entering an area of (b) Escorted vessel definition. For the the main ship channel, Boston Inner purposes of this section, escorted ves- Harbor, fifty yards in all directions sels operating in Boston Harbor include from a point directly above the Ted the following: Any vessels deemed to be Williams Tunnel. in need of escort protection by the Cap- (4) Sector four will go into effect 15 tain of the Port, Boston for security minutes before the President, Vice reasons. President, or visiting heads of foreign (c) Regulations. (1) In accordance with states or foreign governments board the general regulations in §§ 165.23 and the designated transport vessel. Sector 165.33 of this part, entry into or move- four will preclude all vessels from ap- ment within this zone is prohibited un- proaching within three hundred yards less authorized by the Captain of the in all directions from the designated Port Boston. vessel transporting the President, Vice (2) All vessel operators shall comply President, or visiting heads of foreign with the instructions of the COTP or states or foreign governments between the designated on-scene U.S. Coast Logan International Airport and any Guard patrol personnel. On-scene Coast location in Boston Harbor. Guard patrol personnel include com- (5) The activation of a particular sector of this security zone will be an- missioned, warrant, and petty officers nounced via Safety Marine Information of the Coast Guard on board Coast Broadcasts and/or by locally issued no- Guard, Coast Guard Auxiliary, local, tices. state, and federal law enforcement ves- (b) Regulations. (1) The general regu- sels. lations covering security zones con- [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as tained in 33 CFR 165.33 apply. amended by CGD01–01–227, 67 FR 63265, Oct. (2) All persons and vessels shall com- 11, 2002] ply with the instructions of the Coast Guard Captain of the Port or the des-

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§ 165.115 Safety and Security Zones; N, 070°52.67′ W when a vessel is moored Pilgrim Nuclear Power Plant, Plym- at this pier. All coordinates are North outh, Massachusetts. American Datum 1983. (a) Location. All waters of Cape Cod (b) Effective date. This section be- Bay and land adjacent to those waters comes effective July 1, 2002. enclosed by a line beginning at position (c) Regulations. (1) In accordance with 41°57′5″ N, 070°34′42″ W; then running the general regulations in § 165.23 and southeast to position 41°56′40.5″ N, § 165.33 of this part, entry into or move- 070°41′4.5″ W; then running southwest to ment within these zones is prohibited position 41°56′32″ N, 070°34′14″ W; then unless authorized by the Captain of the running northwest to position Port Boston. ° ′ ″ ° ′ ″ 41 56 55.5 N, 070 34 52 W; then running (2) All vessel operators shall comply ° ′ ″ northeast back to position 41 57 5 N, with the instructions of the Captain of ° ′ ″ 070 34 42 W. the Port or the designated on-scene (b) Regulations. (1) In accordance with U.S. Coast Guard patrol personnel. On- the general regulations in §§ 165.23 and scene Coast Guard patrol personnel in- 165.33 of this part, entry into or move- clude commissioned, warrant, and ment within these zones is prohibited 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 (3) No person may enter the waters or Guard patrol personnel. On-scene Coast land area within the boundaries of the Guard patrol personnel include com- safety and security zones unless pre- missioned, warrant, and petty officers viously authorized by the Captain of of the Coast Guard on board Coast the Port, Boston or his authorized pa- Guard, Coast Guard Auxiliary, local, trol representative. state, and federal law enforcement ves- [CGD01–02–016, 67 FR 45909, July 11, 2002] sels. (3) No person may enter the waters or § 165.117 Regulated Navigation Areas, land area within the boundaries of the Safety and Security Zones: Deep- safety and security zones unless pre- water Ports, First Coast Guard Dis- viously authorized by the Captain of trict. the Port, Boston or his authorized pa- (a) —(1) trol representative. Location Regulated navigation areas. All waters within a 1,000 meter [CGD01–02–002, 67 FR 37693, May 30, 2002] radius of the geographical positions set forth in paragraph (a)(3) of this section § 165.116 Safety and Security Zones; are designated as regulated navigation Salem and Boston Harbors, Massa- chusetts. areas. (2) Safety and security zones. All wa- (a) Location. The following areas are ters within a 500-meter radius of the permanent safety and security zones: geographic positions set forth in para- (1) Reserved Channel, Boston Harbor. graph (a)(3) of this section are des- All waters of Boston Harbor within one ignated as safety and security zones. hundred fifty (150) yards off the bow and stern and one hundred (100) yards (3) Coordinates. (i) The geographic co- abeam of any vessel moored at the ordinates forming the loci for the regu- Massachusetts Port Authority Black lated navigation areas, safety and secu- Falcon Terminal; rity zones for the Northeast Gateway ° ′ ″ (2) Boston Inner Harbor. All waters of Deepwater Port are: 42 23 38 N, ° ′ ″ ° ′ ″ ° ′ ″ Boston Harbor within one hundred (100) 070 35 31 W; and 42 23 56 N, 070 37 00 W feet of the Coast Guard Integrated Sup- (NAD 83). port Command (ISC) Boston piers and; (ii) [Reserved] (3) Salem Harbor. All waters of Salem (b) Definitions. As used in this sec- Harbor within a two-hundred and fifty tion— (250) yard radius of the center point of Authorized representative means a the PG & E Power Plant Terminal Coast Guard commissioned, warrant, or Wharf, Salem, MA, located at 42°31.33′ petty officer or a Federal, State, or

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local law enforcement officer des- COTP or his/her authorized representa- ignated by or assisting the Captain of tive. the Port (COTP) Boston. [USCG–2007–0087, 73 FR 34194, June 17, 2008] Deepwater port means any facility or structure meeting the definition of EFFECTIVE DATE NOTE: By USCG–2007–0087, 73 FR 34194, June 17, 2008, § 165.117 was added, deepwater port in 33 CFR 148.5. effective July 17, 2008. Dredge means fishing gear consisting of a mouth frame attached to a holding § 165.120 Safety Zone: Chelsea River, bag constructed of metal rings or Boston Inner Harbor, Boston, MA. mesh. (a) Location. The following area is a Support vessel means any vessel meet- safety zone: The waters of the Chelsea ing the definition of support vessel in River, Boston Inner Harbor, for 100 33 CFR 148.5. yards upstream and downstream of the Trap means a portable, enclosed de- center of the Chelsea Street Draw span vice with one or more gates or en- (in the approximate position of Lati- trances and one or more lines attached tude 42°33′10″ N., Longitude 71°01′23″ to surface floats used for fishing. Also W.). called a pot. (b) Regulation. The following stand- (c) Applicability. This section applies ards are the minimum requirements for to all vessels operating in the regu- transit of the Safety Zone. Additional lated navigation areas set forth in precautions may be taken by the pilot paragraph (a) of this section, except— and/or person in charge (Master or Op- (1) Those vessels conducting cargo erator). transfer operations with the deepwater (1) All tankships greater than 1,000 ports whose coordinates are provided in Gross Tons shall be under the direction paragraph (a)(3) of this section, and control of the Licensed Federal (2) Support vessels operating in con- Pilot. This does not relieve persons in junction therewith, and charge (Masters or Operators) from their ultimate responsibility for the (3) Coast Guard vessels or other law safe navigation of vessels. enforcement vessels operated by or (2) All vessel(s) speed shall be kept to under the direction of an authorized a minimum considering all factors and representative of the COTP Boston. the need for optimum vessel control. (d) Regulations. (1) No vessel may an- (3) Restrictions on size and draft of chor or engage in commercial fishing vessels: using nets, dredges, or traps (pots) in (i) No vessel greater than 661 feet in the regulated navigation areas set length (using length overall) or greater forth in paragraph (a)(1) of this section. than 90.5 feet in beam (using extreme (2) In accordance with the general breadth) shall transit the Safety Zone. regulations in §§ 165.23 and 165.33 of this (ii) No vessel greater than 630.5 feet part, entry into or movement within in length or 85.5 feet or greater in beam the safety and security zones des- shall transit the Safety Zone during ignated in paragraph (a)(2) of this sec- the period between sunset and sunrise. tion is prohibited unless authorized by (iii) No tankship greater than 550.5 the COTP Boston, or his/her authorized feet in length shall transit the Safety representative. Zone, either inbound or outbound, with (3) Notwithstanding paragraph (d)(2) a draft less than 18.0 feet forward and of this section, tankers and support 24.0 feet aft. vessels, as defined in 33 CFR 148.5, oper- (4) Restrictions when the Chelsea ating in the vicinity of NEGDWP are River channel is obstructed by vessel(s) authorized to enter and move within moored at the Northeast Petroleum such zones in the normal course of Terminal located downstream of the their operations following the require- Chelsea Street Bridge on the Chelsea, ments set forth in 33 CFR 150.340 and MA side of the Chelsea River—here- 150.345, respectively. after referred to as the Jenny Dock (4) All vessels operating within the (approximate position 42°23′09″ N., safety and security zones described in 71°01′31″ W.)—or the Mobile Oil Ter- paragraph (a)(2) of this section must minal located on the East Boston Side comply with the instructions of the of the Chelsea River downstream of the

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Chelsea Street Bridge (approximate po- sel transiting Narragansett Bay, or the sition 42°23′05″ N., 71°01′31″ W.): Providence and Taunton Rivers. (i) When there is a vessel moored at (3) All waters and land within a 1000- each terminal, no vessel greater than yard radius of any high interest vessel 300.5 feet in length or greater than 60.5 moored at a waterfront facility in the feet in beam, shall transit the safety Providence Captain of the Port zone. zone. (b) High interest vessels defined. For (ii) When a vessel with a beam great- purposes of this section, high interest er than 60.5 feet is moored at either vessels operating in the Providence terminal, no vessel greater than 630.5 Captain of the Port zone include the feet in length or greater than 85.5 feet following: barges or ships carrying liq- in beam shall transit the Safety Zone. uefied petroleum gas (LPG), liquefied (iii) When a vessel with a beam great- natural gas (LNG), chlorine, anhydrous er than 85.5 feet is moored at either ammonia, or any other cargo deemed terminal, no vessel greater than 550.5 to be high interest by the Captain of feet in length or greater than 85.5 feet the Port, Providence. in beam shall transit the Safety Zone. (c) Regulations. (1) Entry into or (5) Requirements for tug assistance: movement within these zones, includ- (i) All tankships greater than 630.5 ing below the surface of the water, dur- feet in length or greater than 85.5 feet ing times in which high interest vessels in beam shall be assisted by at least are present and the zones are enforced four tugs of adequate horsepower. is prohibited unless authorized by the (ii) All tankships from 450 feet in COTP Providence or authorized rep- length up to and including 630.5 feet in resentative. length and less than 85.5 feet in beam (2) The general regulations covering shall be assisted by at least three tugs safety and security zones in §§ 165.23 of adequate horsepower. and 165.33, respectively, of this part (iii) All tug/barge combinations with apply. a tonnage of over 10,000 Gross Tons (for (3) All persons and vessels shall com- the barge(s), in all conditions of draft, ply with the instructions of the COTP, shall be assisted by at least one tug of and the designated on-scene U.S. Coast adequate horsepower. Guard personnel. On-scene Coast Guard (6) U.S. Certificated integrated tug/ patrol personnel include commissioned, barge (ITB) combinations shall meet warrant, and petty officers of the Coast the requirements of a tankship of simi- Guard on board Coast Guard, Coast lar length and beam except that one Guard Auxiliary, local, state, and fed- less assist tug would be required. eral law enforcement vessels. (7) Variances from the above standard must be approved in advance by the [CGD01–02–065, 67 FR 56224, Sept. 3, 2002] Captain of the Port of Boston, MA. § 165.122 Providence River, Provi- [CCGD1–85–4R, 51 FR 10835, Mar. 31, 1986; 51 dence, R.I. regulated navigation FR 23415, June 27, 1986, as amended by USCG– area. 1998–3799, 63 FR 35532, June 30, 1998] (a) Description of the regulated naviga- § 165.121 Safety and Security Zones: tion area (RNA). The Regulated Naviga- High Interest Vessels, Narragansett tion Area (RNA) encompasses the deep Bay, Rhode Island. draft channel between Narragansett (a) Location. (1) All waters of Rhode Bay Entrance Lighted Horn Buoy NB Island Sound within a 1⁄2 mile radius of (LLNR 17675) 41°23.0′ N Latitude, 71°23.4′ any high interest vessel while the ves- W Longitude, and Fox Point, Provi- sel is anchored within 1⁄2 mile of the dence. point Latitude 41°25′ N, Longitude 71°23′ (b) Regulations. (1) The following re- W in the Narragansett Bay Pre- strictions apply in the portion of the cautionary Area. regulated area between Conimicut (2) All waters of Rhode Island Sound, Light (LLNR 18305) and Channel Light Narragansett Bay, the Providence and 42 (Fuller Rock Light, (LLNR 18580)). Taunton Rivers 2 miles ahead and 1 (i) No vessel with a draft greater mile astern, and extending 1000 yards than 35 feet may transit when water on either side of any high interest ves- depth is at or below mean low water.

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(ii) Vessels with drafts greater than (6) Vessels 65 feet and under in length 35 feet but less than 38 feet may transit and all recreational vessels when meet- when water depth is other than that on ing deep draft commercial vessel traf- or below mean low water, provided fic in the Providence River Channel be- there is sufficient depth under the keel tween Conimicut Light (LLNR 18305) to prevent grounding. and Channel Light 42 (LLNR 18580, (iii) Vessels with drafts greater than Fuller Rock Light) shall keep out of or equal to 38 feet must obtain permis- the way of the oncoming deep draft sion, 48 hours in advance of the desired commercial vessel. transit time, from the Captain of the (7) The Captain of the Port, Provi- Port, Providence to transit. dence, may authorize a deviation from (2) Vessels with drafts greater than 35 these regulations. feet must have at least one mile of vis- (c) Enforcement. Violations of this ibility to transit the regulated area be- regulated navigation area should be re- tween Conimicut Light (LLNR 18305) ported to the Captain of the Port, and Channel Light 42 (LLNR 18580, Providence, at (401) 435–2300. Persons in Fuller Rock Light). violation of these regulations will be (3) Vessels over 65 feet in length are subject to civil penalty under § 165.13(b) prohibited from passing, meeting, or of this part. overtaking other vessels over 65 feet in [CGD01–93–030, 59 FR 18489, Apr. 19, 1994] length in the regulated area from: (i) Gaspee Point to Channel Light 42, § 165.130 Sandy Hook Bay, New Jer- (Fuller Rock Light, LLNR 18580). sey—security zone. (ii) Conimicut Point Reach (a) Naval Ammunition Depot Piers. (Conimicut Light, LLNR 18305) to The waters within the following bound- Channel Lighted Buoy 19, 41°43.7′ N aries are a security zone—A line begin- Latitude, 71°21.8′ W Longitude, (LLNR ning on the shore at 40°25′57″ N, 74°04′32″ 18330) and Channel Lighted Buoy 20, W; then to 40°27′52.5″ N, 74°03′14.5″ W; 41°43.7′ N Latitude, 71°21.8′ W Lon- then to 40°27′28.3″ N, 74°02′12.4″ W; then gitude, (LLNR 18335). to 40°26′29.2″ N, 74°02′53″ W; then to (4) Vessels over 65 feet in length in- 40°26′31.1″ N, 74°02′57.2″ W; then to bound for berths up the Providence 40°25′27.3″ N, 74°03′41″ W; then along the River, planning to transit through the shoreline to the beginning point. deep draft channel, are required to (b) Terminal Channel. The waters make Safety Signal (SECURITE) calls within the following boundaries are a on both VHF channels 13 and 16 at the security zone—A line beginning at following geographic locations: Pilot’s 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ Station, Abeam of Castle Hill, Ap- N, 74°02′17.2″ W; then to 40°28′21.1″ N, proaching the Newport bridge, South of 74°02′00″ W; then to 40°28′07.8″ N, Prudence Island, Abeam of Sandy 74°02′22″ W; then to 40°27′39.8″ N, Point, Abeam of Popasquash Point, Ap- 74°02′41.4″ W; then to the beginning. proaching the Southern End of (c) The following rules apply to the Rumstick Neck Reach, Abeam of security zone established in paragraph Conimicut Point Light (LLNR 18305), (b) of this section (Terminal Channel) Abeam of Gaspee Point, Abeam of instead of the rule in § 165.33(a): Sabin Point and upon mooring. (1) No vessel shall anchor, stop, re- (5) Vessels over 65 feet in length out- main or drift without power at any- bound for sea down the Providence time in the security zone. River Channel transiting through this (2) No vessel shall enter, cross, or regulated navigation area are required otherwise navigate in the security zone to make SECURITE calls on VHF when a public vessel, or any other ves- channels 13 and 16 at the following geo- sel, that cannot safely navigate outside graphic locations: one-half hour prior the Terminal Channel, is approaching to departure from the berth, at depar- or leaving the Naval Ammunition ture from the berth, Abeam of Sabin Depot Piers at Leonardo, New Jersey. Point, Abeam of Gaspee Point, and (3) Vessels may enter or cross the se- Abeam of Conimicut Light (LLNR curity zone, except as provided in para- 18305). graph (c)(2) of this section.

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(4) No person may swim in the secu- § 165.141 Safety Zone: Sunken vessel rity zone. EMPIRE KNIGHT, Boon Island, ME. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- (a) Location. The following area is a designated by CGD 81–017, 46 FR 28154, May safety zone: All waters of the Atlantic 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, Ocean within a 1,000 yard radius of the 1987] stern section of the sunken vessel EM- PIRE KNIGHT, in approximate posi- § 165.140 New London Harbor, Con- tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) necticut—security zone. and extending from the water’s surface (a) Security zones—(1) Security Zone A. to the seabed floor. The waters of the Thames River west (b) Effective date. This section is ef- of the Electric Boat Corporation Ship- fective on August 23, 1996, twenty-four yard enclosed by a line beginning at a hours a day, seven days a week. point on the shoreline at 41°20′16″ N, (c) Regulations. (1) The general regu- 72°04′47″ W; then running west to lations contained in 33 CFR 165.23 41°20′16″ N, 72°04′57″ W; then running apply. north to 41°20′26″ N, 72°04′57″ W; then (2) All vessels and persons are prohib- northwest to 41°20′28.7″ N, 72°05′01.7″ W; ited from anchoring, diving, dredging, then north-northwest to 41°20′53.3″ N, dumping, fishing, trawling, laying 72°05′04.8″ W; then north-northeast to cable, or conducting salvage operations 41°21′02.9″ N, 72°05′04.9″ W; then east to a in this zone except as authorized by the point on shore at 41°21′02.9″ N, 72°04′58.2″ Coast Guard Captain of the Port, Port- W. land, Maine. Innocent transit through (2) Security Zone B. The waters of the the area within the safety zone is not Thames River, west of the Naval Sub- affected by this regulation and does marine Base, New London, CT, en- not require the authorization of the closed by a line beginning at a point on Captain of the Port. the shoreline at 41°23′15.8″ N., 72°05′17.9″ (3) All persons and vessels shall com- W.; then to 41°23′15.8″ N., 72°05′22″ W.; ply with the instructions of the COTP then to 41°23′25.9″ N., 72°05′29.9″ W.; then or the designated on scene patrol per- to 41°23′33.8″ N., 72°05′34.7″ W.; then to sonnel. U.S. Coast Guard patrol per- 41°23′37.0″ N., 72°05′38.0″ W.; then to sonnel include commissioned, warrant, 41°23′41.0″ N., 72°05′40.3″ W.; then to and petty officers of the Coast Guard. 41°23′47.2″ N., 72°05′42.3″ W.; then to Upon being hailed by a U.S. Coast 41°23′53.8″ N., 72°05′43.7″ W.; then to Guard vessel via siren, radio, flashing 41°23′59.8″ N., 72°05′43.0″ W.; then to light, or other means, the operator of a 41°24′12.4″ N., 72°05′43.2″ W.; then to a vessel shall proceed as directed. point on the shoreline at 41°24′14.4″ N., 72°05′38″ W.; then along the shoreline to [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] the point of beginning. § 165.150 New Haven Harbor, (3) All coordinates are North Amer- Quinnipiac River, Mill River. ican Datum 1983. (b) Special regulation. Section 165.33 (a) The following is a regulated naviga- does not apply to public vessels when tion area: The waters surrounding the operating in Security Zone A, or to Tomlinson Bridge located within a line vessels owned by, under hire to, or per- extending from a point A at the south- forming work for the Electric Boat Di- east corner of the Wyatt terminal dock ° ′ ″ ° ′ ″ vision when operating in Security Zone at 41 17 50 N, 72 54 36 W thence along a ° A. line 126 T to point B at the southwest corner of the Gulf facility at 41°17′42″ [CGD 79–034, 47 FR 29660, July 8, 1982, as N, 72°54′21″ W thence north along the amended by COTP 83–01, 48 FR 33264, July 21, shoreline to point C at the northwest 1983; CGD3–83–29, 48 FR 51622, Nov. 10, 1983; corner of the Texaco terminal dock CGD3–84–26, 49 FR 40405, Oct. 16, 1984; CGD3– 41°17′57″ N, 72°54′06″ W thence along a 86–56, 52 FR 17296, May 7, 1987. Redesignated ° by CGD 87–008b, 52 FR 25218, July 6, 1987; line 303 T to point D at the west bank CDG3 86–56, 52 FR 44107, Nov. 18, 1987; CGD01– of the mouth of the Mill River 41°18′05″ 97–104, 62 FR 51782, Oct. 3, 1997; CGD01–03–012, N, 72°54′23″ W thence south along the 69 FR 4244, Jan. 29, 2004] shoreline to point A.

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(b) Regulations. (1) No person may op- Sound off Greenwich CT, within a 800- erate a vessel or tow a barge in this foot radius of the fireworks barge lo- Regulated Navigation Area in violation cated in approximate position 41°00′35″ of these regulations. N, 073°37′05″ W. (2) Applicability. The regulations (2) City of Rowayton Fireworks Safety apply to barges with a freeboard great- Zone. All waters of Long Island Sound er than ten feet and to any vessel tow- in Sheffield Channel off of Ballast Reef ing or pushing these barges on out- within a 1000-foot radius of the fire- bound transits of the Tomlinson works barge located in approximate po- Bridge. sition 41°03′11″ N, 073°26′41″ W. (3) Regulated barges may not transit (3) The Yampol Family Fireworks Safe- the bridge— ty Zone. All waters of Long Island (i) During the period from one hour Sound off Cold Springs Harbor, Cove to five hours after high water slack, Neck New York within a 1200-foot ra- (ii) When the wind speed at the dius of the fireworks barge located in bridge is greater than twenty knots, approximate position 41°53′00″ N, 073°29″ and 13″ W. (iii) With the barge being towed on a (4) Groton Long Point Yacht Club Fire- hawser, stern first. works Safety Zone. All waters of Long (4) Regulated barges with a beam Island Sound off of Groton Long Point, greater than fifty feet must be pushed Groton, CT, within a 600-foot radius of ahead through the bridge. the fireworks barge in approximate po- (5) If the tug operator does not have sition 41°18′05″ N, 072°02″ 08″ W. a clear view over the barge when push- (5) City of West Haven Fireworks Safety ing ahead, the operator shall post a Zone. All waters of New Haven Harbor lookout on the barge with a means of on Long Island Sound off Bradley Point communication with the operator. within a 1200-foot radius of the fire- (6) Regulated barges departing the works barge in approximate position Mill River may transit the bridge only 41°15′07″ N, 072°57′26″ W. between sunrise and sunset. Barges (6) New Haven Festival Fireworks Safe- must be pushed ahead of the tug, bow ty Zone. All waters of New Haven Har- first, with a second tug standing by to bor on Long Island Sound within a 1200- assist at the bow. foot radius of the fireworks barge in (7) Nothing in this section is intended approximate position 40°17′31″ N, to relieve any person from complying 072°54′48″ W. with: (7) Madison Cultural Arts Fireworks (i) Applicable Navigation and Pilot Safety Zone. All the waters of Long Is- Rules for Inland Waters; land Sound located off the City of (ii) Any other laws or regulations; Madison within an 800-foot radius of (iii) Any order or direction of the the fireworks barge in approximate po- Captain of the Port. sition 41°16′10″ N, 072°36′30″ W. (8) The Captain of the Port, New (8) Arnold L. Chase Fireworks Safety Haven, may issue an authorization to Zone. All waters of Connecticut River deviate from any rule in this section if within a 600 foot radius of the fire- the COTP finds that an alternate oper- works barge located in approximate po- ation can be done safely. sition 41°15′56″ N, 072°21′49″ W, about [CGD 79–034, 47 FR 29660, July 8, 1982, as 100-yards off Fenwick Pier. amended by CGD 80–069, 47 FR 53368, Nov. 26, (9) Saybrook Summer Pops Fireworks 1982. Redesignated by CGD 87–008b, 52 FR Safety Zone. All waters of Connecticut 25218, July 6, 1987] River within a 600-foot radius of the fireworks barge located in approximate § 165.151 Safety Zones; Long Island position 41°17′35″ N, 072°21′20″ W. Sound annual fireworks displays. (10) Mashantucket Pequot Fireworks (a) Safety Zones. The following areas Safety Zone. All waters of the Thames are designated safety zones. All coordi- River off of New London, CT, within a nates references 1983 North American 1200–foot radius of a fireworks barge lo- Datum (NAD83). cated in approximate position (1) Indian Harbor Yacht Club Fireworks 41°20′57.1″ N, 72°05′22.1″ W; and within Safety Zone. All waters of Long Island 1000–feet of fireworks barges located in

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approximate positions: barge one, Beach, East Haven, CT within a 1000– 41°21′03.3″ N, 72°05′24.5″ W; and barge foot radius of the fireworks barge in two, 41°20′51.75″ N, 72°05′18.90″ W. approximate position 41°14′19″ N, (11) Harbor Day Fireworks Safety Zone. 072°52′9.8″ W. All waters of Thames River within a (21) Westport Police Athletic League 600-foot radius of the fireworks barge Fireworks Safety Zone. All waters of located in approximate position Long Island Sound off Compo Beach, 41°31′14″ N, 072°04′44″ W, located off Westport, CT within a 800–foot radius American Warf Marina, Norwich, CT. of the fireworks barge in approximate (12) Riverfest Fireworks Safety Zone. position 41°09′2.5″ N, 073°20′1.1″ W. All the waters of the Connecticut River (22) Westbrook, CT July Celebration within a 600-foot radius of the fire- Safety Zone. All waters of Westbrook works barge located in approximate po- Harbor in Long Island Sound within a sition 41°45′34″ N, 072°39′37″ W. 800–foot radius of the fireworks barge (13) Southampton Fresh Air Home Fire- located in approximate position works Safety Zone. All the waters of 41°16′50″ N, 072°26′14″ W. Shinnecock Bay within a 600-foot ra- (23) Norwalk Fireworks Safety Zone. dius of the fireworks barge located in All waters of Long Island Sound off of approximate position 40°51′48″ N, Calf Pasture Beach in Norwalk, CT 072°28′30″ W, off of Southampton, NY. within a 1000–foot radius of the fire- (14) T.E.L. Enterprises Fireworks Safety works barge located in approximate po- Zone. All the waters of Great South sition 40°05′10″ N, 073°23′20″ W. Bay within a 600-foot radius of the fire- (24) Town of Stratford Fireworks Safety works barge located in approximate po- Zone. All waters of Long Island Sound sition 40°41′17″ N, 073°00′20″ W, off of off of Short Beach in Stratford, CT, Davis Park, NY. within a 800–foot radius of the fire- (15) Patchogue Chamber of Commerce works launch area located in approxi- Fireworks Safety Zone. All the waters of mate position 41°09′5″ N, 073°06′5″ W. Great South Bay within an 800-foot ra- (25) Old Black Point Beach Association dius of the fireworks barge located in Fireworks Safety Zone. All waters of approximate position 40°44′38″ N, Long Island Sound off Old Black Point 073°00′33″ W, off of Patchogue, NY. Beach in East Lyme, CT, within a 1000- (16) Fire Island Tourist Bureau Fire- foot radius of the fireworks launch works Safety Zone. All the waters of area located on Old Black Point Beach Great South Bay within a 600-foot rain approximate position 41°17′34.9″ N, dius of the fireworks barge located in 072°12′55.6″ W. approximate position 40°35′45″ N, (26) Village of Asharoken Fireworks 073°05′23″ W, off of Cherry Cove, NY. Safety Zone. All waters of Northport (17) Treibeck’s Party Fireworks Safety Bay off of Asharoken Beach in Zone. All the waters of the Atlantic Asharoken, NY within a 600-foot radius Ocean within a 1200-foot radius of the of the fireworks launch area located in fireworks barge located in approximate approximate position 40°55′30″ N, 072°21′ position 40°54′04″ N, 072°16′50″ W, off of W. Sagaponack, NY. (b) Notification. Coast Guard Sector (18) Norwich July Fireworks Safety Long Island Sound and Coast Guard Zone. All waters of the Thames River Sector Field Office Moriches will cause within a 600–foot radius of the fire- notice of the activation of these safety works launch area in approximate posi- zones to be made by all appropriate tion 41°31′20.9″ N, 072°04′45.9′ W, located means to effect the widest publicity off of Norwich, CT. among the affected segments of the (19) Town of Branford Fireworks Safety public, including publication in the Zone. All waters of Branford Harbor off local notice to mariners, marine infor- of Branford Point within a 600–foot ra- mation broadcasts, and facsimile. Fire- dius of the fireworks launch area lo- works barges used in these locations cated on Branford Point in approxi- will also have a sign on their port and mate position 41°15′30″ N, 072°49′22″ W. starboard side labeled ‘‘FIREWORKS— (20) Vietnam Veterans Local 484/Town STAY AWAY’’. Displays launched from of East Haven Fireworks Safety Zone. All shore sites will have a sign labeled waters of Long Sound off of Cosey ‘‘FIREWORKS—STAY AWAY’’ with

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the same size requirements. The signs § 165.153 Regulated Navigation Area: required by this section must consist of Long Island Sound Marine Inspec- red letters at least 10 inches high, and tion and Captain of the Port Zone. 1.5 inch thick on a white background. (a) Regulated Navigation Area location. (c) Enforcement period. Specific zones All waters of the Long Island Sound in this section will be enforced from 8 Marine Inspection and Captain of the p.m. to 11 p.m. each day a barge or land Port (COTP) Zone, as delineated in 33 based launch site with sign reading CFR 3.05–35, extending seaward 12 nau- ‘‘FIREWORKS—STAY AWAY’’ is tical miles from the territorial sea present in that zone. baseline, are established as a regulated (d) Regulations. Vessels may not navigation area (RNA). enter, remain in, or transit through (b) Applicability. This section applies the safety zones in this section during to all vessels operating within the RNA the enforcement period unless author- excluding public vessels. ized by the Captain of the Port Long (c) Definitions. The following defini- Island Sound or designated Coast tions apply to this section: Guard patrol personnel on scene. Commercial service means any type of trade or business involving the trans- [CGD01–01–077, 67 FR 22352, May 3, 2002, as portation of goods or individuals, ex- amended by USCG–2003–15404, 68 FR 37741, June 25, 2003; 68 FR 40024, July 3, 2003; cept service performed by a combatant CGD01–05–012, 70 FR 43764, July 29, 2005] vessel. Ferry means a vessel that: § 165.152 Coast Guard Station Fire Is- (1) Operates in other than ocean or land, Long Island, New York—safety coastwise service; zone. (2) Has provisions only for deck pas- (a) Location. The following waters of sengers or vehicles, or both; Fire Island Inlet are a safety zone: Be- (3) Operates on a short run on a fre- ginning at a point on shore at 40°37.523′ quent schedule between two points N, 073°15.685′ W; then north to 40°37.593′ over the most direct water route; and N, 073°15.719′ W; then east to 40°37.612′ (4) Offers a public service of a type N, 073°15.664′ W; then east to 40°37.630′ normally attributed to a bridge or tun- N, 073°15.610′ W; then east to 40°37.641′ nel. N, 073°15.558′ W; then southeast to Public vessels means vessels owned or 40°37.630′ N, 073°15.475′ W; then south- bareboat chartered and operated by the east to 40°37.625′ N, 073–15.369′ W; then United States, or by a State or polit- southeast to 40°37.627′ N, 073°15.318′ W; ical subdivision thereof, or by a foreign then southeast to point on shore at nation, except when such vessel is en- 40°37.565′ N, 073°15.346′ W. All coordi- gaged in commercial service. nates are North American Datum 1983. Territorial sea baseline means the line (b) Regulations. (1) The general regu- defining the shoreward extent of the lations contained in 33 CFR § 165.23 territorial sea of the United States apply. drawn according to the principles, as recognized by the United States, of the (2) All persons and vessels must com- Convention on the Territorial Sea and ply with the Coast Guard Captain of the Contiguous Zone, 15 U.S.T. 1606, the Port or designated on-scene patrol and the 1982 United Nations Conven- personnel. On-scene Coast Guard patrol tion on the Law of the Sea (UNCLOS), personnel include commissioned, war- 21 I.L.M. 1261. Normally, the territorial rant, and petty officers of the Coast sea baseline is the mean low water line Guard on board Coast Guard, Coast along the coast of the United States. Guard Auxiliary, and local, state, and (d) Regulations. (1) Speed restrictions federal law enforcement vessels. Upon in the vicinity of Naval Submarine being hailed by siren, radio, flashing Base New London and Lower Thames light or other means from a U.S. Coast River. Unless authorized by the Cap- Guard vessel or other vessel with on- tain of the Port (COTP), vessels of 300 scene patrol personnel aboard, the op- gross tons or more may not proceed at erator of the vessel shall proceed as di- a speed in excess of eight knots in the rected. Thames River from New London Har- [CGD01–03–025, 69 FR 26045, May 11, 2004] bor channel buoys 7 and 8 (Light List

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numbers 21875 and 21880 respectively) COTP authorization to enter waters north through the upper limit of the within three nautical miles from the Naval Submarine Base New London Re- territorial sea baseline will be required stricted Area, as that area is specified to anchor in the manner directed by in 33 CFR 334.75(a). The U.S. Navy and the COTP. This section does not apply other Federal, State and municipal to vessels operating exclusively within agencies may assist the U.S. Coast the Long Island Sound Marine Inspec- Guard in the enforcement of this rule. tion and COTP Zone, vessels on a sin- (2) Enhanced communications. Vessels gle voyage which depart from and re- of 300 gross tons or more and all vessels turn to the same port or place within engaged in towing barges must issue the RNA, all towing vessels engaged in securite´ calls on marine band or Very coastwise trade, vessels in innocent High Frequency (VHF) radio channel 16 passage not bound for a port or place upon approach to the following loca- subject to the jurisdiction of the tions: United States, and all vessels not en- (i) Inbound approach to Cerberus gaged in commercial service whose last Shoal; and port of call was in the United States. (ii) Outbound approach to Race Rock Light (USCG Light List No. 19815). Vessels may request authorization (3) All vessels operating within the from the COTP by contacting the RNA that are bound for a port or place COTP via marine band or Very High located in the United States or that Frequency (VHF) channel 16, telephone must transit the internal waters of the at (203) 468–4401, facsimile at (203) 468– United States, must be inspected to the 4418, or letter addressed to Captain of satisfaction of the U. S. Coast Guard, the Port, Long Island Sound, 120 Wood- before entering waters within three ward Ave., New Haven, CT 06512. nautical miles from the territorial sea (5) Vessels over 1,600 gross tons oper- baseline. Vessels awaiting inspection ating in the RNA within three nautical will be required to anchor in the man- miles from the territorial sea baseline ner directed by the COTP. This section that are bound for a port or place lo- does not apply to vessels operating ex- cated in the United States or that clusively within the Long Island Sound must transit the internal waters of the Marine Inspection and COTP Zone, ves- United States must receive authoriza- sels on a single voyage which depart tion from the COTP prior to transiting from and return to the same port or or any intentional vessel movements, place within the RNA, all towing ves- including, but not limited to, shifting sels engaged in coastwise trade, vessels berths, departing anchorage, or getting in innocent passage not bound for a underway from a mooring. This section port or place subject to the jurisdiction does not apply to vessels in innocent of the United States, and all vessels passage not bound for a port or place not engaged in commercial service subject to the jurisdiction of the whose last port of call was in the United States. United States. Vessels requiring in- (6) Ferry vessels. Vessels of 300 gross spection by the COTP may contact the tons or more are prohibited from enter- COTP via marine band or Very High ing all waters within a 1200-yard radius Frequency (VHF) channel 16, telephone at (203) 468–4401, facsimile at (203) 468– of any ferry vessel transiting in any 4418, or letter addressed to Captain of portion of the Long Island Sound Ma- the Port, Long Island Sound, 120 Wood- rine Inspection and COTP Zone with- ward Ave., New Haven, CT 06512. out first obtaining the express prior (4) All vessels operating within the authorization of the ferry vessel li- RNA that are bound for a port or place censed operator, licensed master, located in the United States or that COTP, or the designated COTP on- must transit the internal waters of the scene patrol. United States, must obtain authoriza- (7) Vessels engaged in commercial serv- tion from the Captain of the Port ice. No vessel may enter within a 100- (COTP) before entering waters within yard radius of any vessel engaged in three nautical miles from the terri- commercial service while that vessel is torial sea baseline. Vessels awaiting transiting, moored, or berthed in any

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portion of the Long Island Sound Ma- ized by the Captain of the Port Long, rine Inspection and COTP zone, with- Island Sound. out the express prior authorization of (3) All persons and vessels shall com- the vessel’s licensed operator, master, ply with the instructions of the Coast COTP, or the designated COTP on- Guard Captain of the Port or on-scene scene representative. patrol personnel. These personnel com- (8) Bridge foundations. Any vessel op- prise commissioned, warrant, and petty erating beneath a bridge must make a officers of the Coast Guard. Upon being direct, immediate and expeditious pas- hailed by a U. S. Coast Guard vessel by sage beneath the bridge while remain- siren, radio, flashing light, or other ing within the navigable channel. No means, the operator of a vessel shall vessel may stop, moor, anchor or loiter proceed as directed. beneath a bridge at any time. No vessel may approach within a 25-yard radius [CGD01–02–104, 68 FR 48803, Aug. 15, 2003] of any bridge foundation, support, stanchion, pier or abutment except as § 165.155 Northville Industries Off- shore Platform, Riverhead, Long Is- required for the direct, immediate and land, New York—safety zone. expeditious transit beneath a bridge. (9) This section does not relieve any (a) The following area is established vessel from compliance with applicable as a safety zone during the specified navigation rules. condition: (1) The waters within a 500 yard ra- [CGD01–02–104, 68 FR 48802, Aug. 15, 2003] dius of the Northville Industries Off- § 165.154 Safety and Security Zones: shore Platform, Long Island, New Long Island Sound Marine Inspec- York, 1 mile North of the Riverhead tion Zone and Captain of the Port shoreline at 41°00″ N, 072°38″ W, while a Zone. Liquefied Petroleum Gas (LPG) vessel (a) Safety and security zones. The fol- is moored at the Offshore Platform. lowing areas are safety and security The safety zone remains in effect until zones: the LPG vessel departs the Offshore (1) Dominion Millstone Nuclear Power Platform. Plant Safety and Security Zones. (i) All (b) The general regulations governing waters north and north east of a line safety zone contained in 33 CFR 165.23 running from Bay Point, at approxi- apply. mate position 41–18.57 N, 072–10.41 W, to (c) The Captain of the Port will no- Millstone Point at approximate posi- tify the maritime community of peri- tion 41–18.25 N, 072–09.96 W. ods during which this safety zone will (ii) All waters west of a line starting be in effect by providing notice of at 41–18.700 N, 072–09.650 W, running scheduled moorings at the Northville south to the eastern most point of Fox Industries Offshore Platform of LPG Island at approximate position 41–18.400 vessels via Marine Safety Information N, 072–09.660 W. All coordinates are Radio Broadcast. North American Datum 1983. [CGD3 85–86, 51 FR 37181, Oct. 20, 1986. Redes- (2) Coast Guard Vessels Safety and Se- ignated by CGD 87–008b, 52 FR 25218, July 6, curity Zones. All waters within a 100- 1987] yard radius of any anchored Coast Guard vessel. For the purposes of this § 165.160 Safety and Security Zones: section, Coast Guard vessels includes Liquefied Hazardous Gas Vessel, any commissioned vessel or small boat Liquefied Hazardous Gas Facility in the service of the regular Coast and Designated Vessel Transits, Guard and does not include Coast New York Marine Inspection Zone and Captain of the Port Zone. Guard Auxiliary vessels. (b) Regulations. (1) The general regu- (a) Location. The following areas are lations contained in § 165.23 and § 165.33 safety and security zones: of this part apply. (1) All waters of the New York Ma- (2) In accordance with the general rine Inspection Zone and Captain of the regulations in § 165.23 and § 165.33 of this Port Zone within a 200-yard radius of part, entry into or movement within any Liquefied Hazardous Gas (LHG) this zone is prohibited unless author- vessel or LHG facility.

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(2) All waters of the New York Ma- (a)(1)(i) of this section is effective from rine Inspection Zone and Captain of the 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Port Zone within a 100-yard radius of Saturday before Memorial Day and the any Designated Vessels. Sunday after Labor Day. (b) Designated Vessels (DVs). For the (2) Seaport Memorial Day fireworks, purposes of this section, DVs are: Ves- East River, NY: sels certificated to carry 500 or more (i) Location. All waters of the East passengers; vessels carrying govern- River south of the Brooklyn Bridge and ment officials or dignitaries requiring north of a line drawn from the south- protection by the U.S. Secret Service, west corner of Pier 3, Brooklyn, to the or other Federal, State or local law en- northeast corner of Pier 6, Manhattan. forcement agency; and barges or ships (ii) Effective period. Paragraph carrying petroleum products, chemi- (a)(2)(i) of this section is in effect an- cals, or other hazardous cargo. nually from 8 p.m. (e.s.t.) to 1 a.m. (c) Regulations. (1) The general regu- (e.s.t.) on Memorial Day. If the event is lations contained in 33 CFR 165.23 and cancelled due to inclement weather, 165.33 apply. then paragraph (a)(2)(i) of this section (2) All persons and vessels must com- is effective from 8 p.m. (e.s.t.) to 1 a.m. ply with the instructions of the Coast (e.s.t.) on the day following Memorial Guard Captain of the Port or the des- Day. ignated on-scene patrol personnel. (3) These personnel comprise commis- Red Bank, NJ, July 3rd fireworks, sioned, warrant, and petty officers of Navesink River: the Coast Guard onboard Coast Guard, (i) Location. All waters of the Coast Guard Auxiliary, local, state, Navesink River within a 360-yard ra- and federal law enforcement vessels. dius of the fireworks barge in approxi- ° ′ ″ ° ′ ″ Upon being hailed by U.S. Coast Guard mate position 40 21 20 N 074 04 10 W patrol personnel by siren, radio, flash- (NAD 1983), about 360 yards northwest ing light, or other means, the operator of Red Bank, NJ. of a vessel shall proceed as directed. (ii) Effective period. Paragraph (3) The Captain of the Port will no- (a)(3)(i) of this section is in effect an- tify the maritime community of peri- nually from 8 p.m. (e.s.t.) to 1 a.m. ods during which these zones will be (e.s.t.) on July 3rd. If the event is can- enforced by methods in accordance celled due to inclement weather, then with 33 CFR 165.7 and will identify DV paragraph (a)(3)(i) of this section is ef- vessel transits by way of electronic fective from 8 p.m. (e.s.t.) to 1 a.m. mail broadcast. (e.s.t.) on July 4th. (4) Seaport Labor Day fireworks, East [CGD01–02–132, 68 FR 2890, Jan. 22, 2003] River, NY: § 165.161 Safety zones: Coast Guard (i) Location. All waters of the East Captain of the Port New York an- River south of the Brooklyn Bridge and nual fireworks displays. north of a line drawn from the south- (a) Safety zones. The following areas west corner of Pier 3, Brooklyn, to the are designated safety zones: northeast corner of Pier 6, Manhattan. (1) Bar Beach fireworks, Hempstead (ii) Effective period. Paragraph Harbor, NY: (a)(4)(i) of this section is in effect an- (i) Location. All waters of Hempstead nually from 8 p.m. (e.s.t.) to 1 a.m. Harbor within a 300-yard radius of the (e.s.t.) on Labor Day. If the event is fireworks barge in approximate posi- cancelled due to inclement weather, tion 40°49′54″ N 073°39′14″ W (NAD 1983), then paragraph (a)(4)(i) of this section about 360 yards north of Bar Beach, is effective from 8 p.m. (e.s.t.) to 1 a.m. Hempstead Harbor. (e.s.t.) on the day following Labor Day. (ii) Effective period. Paragraph (5) Deepavali Festival fireworks, East (a)(1)(i) of this section is in effect an- River, NY: nually from 8 p.m. (e.s.t.) to 1 a.m. (i) Location. All waters of the East (e.s.t.) on the Friday before Memorial River south of the Brooklyn Bridge and Day, and the Saturday after Labor north of a line drawn from the south- Day. If the event is cancelled due to in- west corner of Pier 3, Brooklyn, to the clement weather, then paragraph northeast corner of Pier 6, Manhattan.

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(ii) Effective period. Paragraph Latitude Longitude (a)(5)(i) of this section is in effect an- 40°41′47.0″ N 074°01′36.0″ W, then nually from 6 p.m. (e.s.t.) to 1 a.m. northwest to (e.s.t.) on the first Sunday in October. 40°41′55.0″ N 074°01′59.0″ W, then to If the event is cancelled due to inclem- shore at ent weather, then paragraph (a)(5)(i) of 40°42′20.5″ N 074°02′06.0″ W. this section is effective from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first (b) Regulations. (1) Vessels not par- Monday in October. ticipating in this event, swimmers, and (6) Seaport New Year’s Eve fireworks, personal watercraft of any nature are East River, NY: prohibited from entering or moving (i) Location. All waters of the East within the regulated area unless au- River south of the Brooklyn Bridge and thorized by the Patrol Commander. north of a line drawn from the south- (2) All persons and vessels shall com- west corner of Pier 3, Brooklyn, to the ply with the instructions of the Coast northeast corner of Pier 6, Manhattan. Guard Captain of the Port or the de- (ii) Effective period. Paragraph signed on-scene-patrol personnel. (a)(6)(i) of this section is in effect an- These personnel comprise commis- nually from 8 p.m. (e.s.t.) to 1 a.m. sioned, warrant, and petty officers of (e.s.t.) on New Year’s Eve. If the event the Coast Guard. Upon being hailed by is cancelled due to inclement weather, a U.S. Coast Guard vessel by siren, then paragraph (a)(6)(i) of this section radio, flashing light, or other means, is effective from 8 p.m. (e.s.t.) to 1 a.m. the operator of a vessel shall proceed (e.s.t.) on the day following New Year’s as directed. Eve. (c) Effective period. This section is in (b) Regulations. (1) The general regu- effect annually from 10 a.m. until 4 lations contained in 33 CFR 165.23 p.m. on the Sunday following Labor apply. Day. (2) All persons and vessels must com- [CGD01–98–175, 64 FR 31984, June 15, 1999] ply with the instructions of the Coast Guard Captain of the Port or the des- § 165.163 Safety Zones; Port of New ignated on-scene-patrol personnel. York/New Jersey Fleet Week. These personnel comprise commissioned, warrant, and petty officers of (a) The following areas are estab- the Coast Guard. Upon being hailed by lished as safety zones: a U.S. Coast Guard vessel by siren, (1) Safety Zone A—(i) Location. A mov- radio, flashing light, or other means, ing safety zone for the Parade of Ships the operator of a vessel shall proceed including all waters 500 yards ahead as directed. and astern, and 200 yards of each side of the designated column of parade ves- [USCG–2008–0179, 73 FR 35016, June 19, 2008] sels as it transits the Port of New York and New Jersey from the Verrazano § 165.162 Safety Zone: New York Super Narrows Bridge to Riverside State Boat Race, Hudson River, New York. Park on the Hudson River between West 137th and West 144th Streets, (a) Regulated area. The following area Manhattan. is a safety zone: All waters of the (ii) Enforcement period. Paragraph Lower Hudson River south of a line (a)(1)(i) of this section is enforced an- drawn from the northwest corner of nually from 8 a.m. until 5 p.m. on the Pier 76 in Manhattan to a point on the Wednesday before Memorial Day. New Jersey shore in Weehawken, New (2) Safety Zone B—(i) Location. A safe- Jersey at approximate position 40°45′52″ ty zone including all waters of the Hud- N 074°01′01″ W (NAD 1983) and north of son River between Piers 83 and 90, Man- a line connecting the following points hattan, from the parade column east to (all coordinates are NAD 1983): the Manhattan shoreline. Latitude Longitude (ii) Enforcement period. Paragraph (a)(2)(i) of this section is enforced an- 40°42′16.0″ N 074°01′09.0″ W, then south to nually from 8 a.m. until 5 p.m. on the 40°41′55.0″ N 074°01′16.0″ W, then west to Wednesday before Memorial Day.

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(3) Safety Zone C—(i) Location. A mov- a U. S. Coast Guard vessel by siren, ing safety zone including all waters of radio, flashing light, or other means, the Hudson River within a 200-yard ra- the operator of a vessel shall proceed dius of each parade vessel upon its as directed. leaving the parade of ships until it is [CGD1–98–170, 64 FR 24946, May 10, 1999] safely berthed. (ii) Enforcement period. Paragraph § 165.164 Security Zones: Dignitary Ar- (a)(3)(i) of this section is enforced an- rival/Departure and United Nations nually from 8 a.m. until 5 p.m. on the Meetings, New York, NY. Wednesday before Memorial Day. (a) The following areas are estab- (4) Safety Zone D—(i) Location. A safe- lished as security zones: ty zone including all waters of the Hud- (1) Location. Wall Street heliport: All son River bound by the following waters of the East River within the fol- points: from the southeast corner of lowing boundaries: East of a line drawn Pier 90, Manhattan, where it intersects between approximate position 40°42′01″ the seawall, west to approximate posi- N 074°00′39″ W (east of The Battery) to tion 40°46′10″ N 074°00′13″ W (NAD 1983), 40°41′36″ N 074°00′52″ W (NAD 1983) (point south to approximate position 40°45′54″ north of Governors Island) and north of N 074°00′25″ W (NAD 1983), then east to a line drawn from the point north of the northeast corner of Pier 83 where it Governors Island to the southwest cor- intersects the seawall. ner of Pier 7 North, Brooklyn; and (ii) Enforcement period. Paragraph south of a line drawn between the (a)(4)(i) of this section is enforced an- northeast corner of Pier 13, Manhattan, nually from 10 a.m. until 5 p.m., from and the northwest corner of Pier 2 Friday through Monday, Memorial Day North, Brooklyn. weekend. (2) [Reserved] (5) Safety Zone E—(i) Location. A mov- (3) Location. Marine Air Terminal, La ing safety zone including all waters 500 Guardia Airport: All waters of Bowery yards ahead and astern, and 200 yards Bay, Queens, New York, south of a line on each side of the departing U.S. Navy drawn from the western end of La Aircraft or Helicopter Carrier as it Guardia Airport at approximate posi- transits the Port of New York and New tion 40°46′47″ N 073°53′05″ W (NAD 1983) Jersey from its mooring at the Intrepid to the Rikers Island Bridge at approxi- Sea, Air and Space Museum, Manhat- mate position 40°46′51″ N 073°53′21″ W tan, to the COLREGS Demarcation line (NAD 1983) and east of a line drawn be- at Ambrose Channel Entrance Lighted tween the point at the Rikers Island Bell Buoy 2 (LLNR 34805). Bridge to a point on the shore in (ii) Enforcement period. Paragraph Queens, New York, at approximate po- (a)(5)(i) of this section is enforced an- sition 40°46′36″ N 073°53′31″ W (NAD nually on the Wednesday following Me- 1983). morial Day. Departure time is depend- (4) Location. All waters of the East ent on tide, weather, and granting of River bound by the following points: authority for departure by the Captain 40°44′37″ N, 073°58′16.5″ W (the base of of the Port, New York. East 35th Street, Manhattan), then (b) Effective period. This section is ef- east to 40°44′34.5″ N, 073°58′10.5″ W fective annually from 8 a.m. on the (about 175 yards offshore of Manhat- Wednesday before Memorial Day until tan), then northeasterly to 40°45′29″ N, 4 p.m. on the Wednesday following Me- 073°57′26.5″ W (about 125 yards offshore morial Day. of Manhattan at the Queensboro (c) Regulations. (1) The general regu- Bridge), then northwesterly to 40°45′31″ lations contained in 33 CFR 165.23 N, 073°57′30.5″ W (Manhattan shoreline apply. at the Queensboro Bridge), then south- (2) All persons and vessels shall com- erly to the starting point at 40°44′37″ N, ply with the instructions of the Coast 073°58′16.5″ W. All nautical positions are Guard Captain of the Port or the des- based on North American Datum of ignated on-scene-patrol personnel. 1983. these personnel comprise commis- (5) Location. All waters of the East sioned, warrant, and petty officers of River north of a line drawn from ap- the Coast Guard. Upon being hailed by proximate position 40°44′37″ N,

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073°58′16.5″ W (the base of East 35th of a line drawn from East 47th Street, Street, Manhattan), to approximate po- Manhattan through the southern point sition 40°44′23″ N, 073°57′44.5″ W (Hunters of Roosevelt Island to 46 Road, Queens; Point, Long Island City), and south of and all waters of Newtown Creek west the Queensboro Bridge. All nautical po- of the Pulaski Bascule Bridge. sitions are based on North American (b) Activation period. This section is Datum of 1983. activated annually from 6:30 p.m. until (6) The security zone will be acti- 11:30 p.m. on July 4th. If the event is vated 30 minutes before the dignitaries’ cancelled due to inclement weather arrival into the zone and remain in ef- then this section is in effect from 6:30 fect until 15 minutes after the dig- p.m. until 11:30 p.m. on July 5th. nitaries’ departure from the zone. (c) Regulations. (1) The general regu- (7) The activation of a particular lations contained in 33 CFR 165.23 zone will be announced by facsimile apply. and marine information broadcasts. (2) No vessels, except the Staten Is- (b) Regulations. (1) The general regu- land Ferries, will be allowed to transit lations contained in 33 CFR 165.33 the safety zone without the permission apply. of the Captain of the Port, New York. (2) All persons and vessels shall com- (3) All persons and vessels shall comply with the instructions of the Coast ply with the instructions of the Coast Guard Captain of the Port or the des- Guard Captain of the Port or the designated on-scene-patrol personnel. ignated on-scene patrol personnel. These personnel comprise commis- These personnel comprise commissioned, warrant, and petty officers of sioned, warrant, and petty officers of the Coast Guard. Upon being hailed by the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel using siren, a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, radio, flashing light, or other means, the operator of a vessel shall proceed the operator of a vessel shall proceed as directed. as directed. [CGD01–98–006, 64 FR 24948, May 10, 1999, as (4) Vessels equal to or greater than 20 amended by CGD01–00–146, 65 FR 47320, Aug. meters (65.6 feet) in length, carrying 2, 2000] persons for the purpose of viewing the fireworks, may take position in an area § 165.166 Safety Zone: Macy’s July 4th inside the safety zone, at least 200 Fireworks, East River, NY. yards off the bulkhead on the west (a) Regulated area. The following area bank and just off the pierhead faces on is a safety zone: All waters of the the east bank of the East River be- Upper New York Bay south of a line tween the Williamsburg Bridge and drawn from Pier A (Fireboat Station North 9th Street, Brooklyn. This area Pier), Battery Park City, in approxi- is bound by the following points: mate position 40°42′15.4″ N 074°01′06.8″ W 40°42′45.5″ N 073°58′07.4″ W; thence to (NAD 1983) to the easternmost corner 40°42′50.4″ N 073°58′23.2″ W; thence to of the Ellis Island Security Zone, in ap- 40°43′23.1″ N 073°58′12.7″ W; thence to proximate position 40°41′57.6″ N 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) 074°02′06.7″ W (NAD 1983); north of a line thence back to the point of beginning. drawn from Pier 7, Jersey City, NJ, in All vessels must be in this location by approximate position 40°41′26.4″ N 6:30 p.m. (e.s.t.) the day of the event. ° ′ ″ 074 03 17.3 W (NAD 1983) to Liberty Is- [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as land Lighted Gong Buoy 29 (LLNR amended by CGD01–05–017, 70 FR 35536, June 34995), in approximate position 21, 2005] 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), on to Governor’s Island Extension § 165.168 Safety Zones; Coast Guard Light (LLNR 35000), in approximate po- Captain of the Port New York Fire- sition 40°41′08.3″ N 074°01′35.4″ W (NAD works Displays. 1983); all waters of the East River north (a) New York Harbor. The following of a line drawn from Governors Island, areas are safety zones: in approximate position 40°41′25.3″ N (1) Liberty Island Safety Zone: All wa- 074°00′42.5″ W (NAD 1983) to the south- ters of Upper New York Bay within a west corner of Pier 9A, Brooklyn; south 360-yard radius of the fireworks barge

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in approximate position 40°41′16.5″ N 073°54′43.5′ W (NAD 1983), about 1,200 074°02′23″ W (NAD 1983), located in Fed- yards south of Point Breeze. eral Anchorage 20–C, about 360 yards (10) Pierhead Channel, NJ Safety Zone: east of Liberty Island. All waters of Pierhead Channel and the (2) Ellis Island Safety Zone: All waters Kill Van Kull within a 360-yard radius of Upper New York Bay within a 360- of the fireworks barge in approximate yard radius of the fireworks barge lo- position 40°39′18.8″ N 074°04′39.1″ W (NAD cated between Federal Anchorages 20–A 1983), approximately 315 yards north of and 20–B, in approximate position the Kill Van Kull Channel. 40°41′45″ N 074°02′09″ W (NAD 1983), (11) Midland Beach, Staten Island Safe- about 365 yards east of Ellis Island. ty Zone: All waters of Lower New York (3) South Beach, Staten Island Safety Bay within a 500-yard radius of the Zone: All waters of Lower New York fireworks barge in approximate posi- Bay within a 360-yard radius of the tion 40°34′12.0″ N 074°04′29.6″ W (NAD fireworks barge in approximate posi- 1983), approximately 800 yards south- tion 40°35′11″ N 074°03′42″ W (NAD 1983), east of Midland Beach. about 350 yards east of South Beach, (12) Wolfes Pond Park, Staten Island Staten Island. Safety Zone: All waters of Raritan Bay (4) Raritan Bay Safety Zone: All wa- within a 500-yard radius of the fire- ters of Raritan Bay in the vicinity of works barge in approximate position the Raritan River Cutoff and Ward 40°30′52.1″ N 074°10′58.8″ W (NAD 1983), Point Bend (West) within a 240-yard ra- approximately 540 yards east of Wolfes dius of the fireworks barge in approxi- Pond Park. mate position 40°30′04″ N 074°15′35″ W (b) Western Long Island Sound. The (NAD 1983), about 240 yards east of following areas are safety zones: Raritan River Cutoff Channel Buoy 2 (LLNR 36595). (1) Peningo Neck, Western Long Island Sound Safety Zone: All waters of west- (5) Coney Island Safety Zone: All wa- ern Long Island Sound within a 300- ters of Lower New York Bay within a yard radius of the fireworks barge in 250-yard radius of the fireworks land approximate position 40°56′21″ N shoot located on the south end of Stee- ° ′ ″ plechase Pier, Coney Island, in approxi- 073 41 23 W (NAD 1983), about 525 yards mate position 40°34′11″ N 073°59′00″ W east of Milton Point, Peningo Neck, (NAD 1983). New York. (6) Arthur Kill, Elizabeth, New Jersey (2) Satans Toe, Western Long Island Safety Zone: All waters of the Arthur Sound Safety Zone: All waters of west- Kill within a 150-yard radius of the fire- ern Long Island Sound within a 360- works land shoot located in Elizabeth, yard radius of the fireworks barge in New Jersey, in approximate position approximate position 40°55′21″ N 40°38′50″ N 074°10′58″ W (NAD 1983), 073°43′41″ W (NAD 1983), about 635 yards about 675 yards west of Arthur Kill northeast of Larchmont Harbor (East Channel Buoy 20 (LLNR 36780). Entrance) Light 2 (LLNR 25720). (7) South Ellis Island Safety Zone: All (3) Larchmont, Western Long Island waters of Upper New York Bay within Sound Safety Zone: All waters of west- a 240-yard radius of the fireworks barge ern Long Island Sound within a 240- in approximate position 40°41′39.9′ N yard radius of the fireworks barge in 074°02′33.7′ W (NAD 1983), about 260 approximate position 40°54′45″ N yards south of Ellis Island. 073°44′55″ W (NAD 1983), about 450 yards (8) Rockaway Beach Safety Zone: All southwest of the entrance to Horseshoe waters of the Atlantic Ocean within a Harbor. 360 yard radius of the fireworks barge (4) Manursing Island, Western Long Is- in approximate position 40°34′28.2′ N land Sound Safety Zone: All waters of 073°50′00.0′ W (NAD 1983), off Beach western Long Island Sound within a 116th Street. 360-yard radius of the fireworks barge (9) Rockaway Inlet Safety Zone: All in approximate position 40°57′47″ N waters of Rockaway Inlet within a 360 073°40′06″ W (NAD 1983), about 380 yards yard radius of the fireworks barge in north of Rye Beach Transport Rock approximate position 40°34′19.1′ N Buoy 2 (LLNR 25570).

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(5) Glen Island, Western Long Island approximate position 40°42′07.5″ N Sound Safety Zone: All waters of west- 074°00′06″ W (NAD 1983), about 250 yards ern Long Island Sound within a 240- southeast of Pier 14, Manhattan, New yard radius of the fireworks barge in York. approximate position 40°53′12″ N (2) Wards Island, East River Safety 073°46′33″ W (NAD 1983), about 350 yards Zone: All waters of the East River east of the northeast corner of Glen Is- within a 150-yard radius of the fire- land, New York. works land shoot in approximate posi- (6) Twin Island, Western Long Island tion 40°46′55.5″ N 073°55′33″ W (NAD Sound Safety Zone: All waters of west- 1983), about 200 yards northeast of the ern Long Island Sound within a 200- Triborough Bridge. yard radius of the fireworks land shoot (3) Pier 16, East River Safety Zone: All in approximate position 40°52′10″ N waters of the East River within a 180- 073°47′07″ W (NAD 1983), at the east end yard radius of the fireworks barge in of Orchard Beach, New York. approximate position 40°42′12.5″ N (7) Davenport Neck, Western Long Is- 074°00′02.0″ W (NAD 1983), about 200 land Sound Safety Zone: All waters of yards east of Pier 16. western Long Island Sound within a (4) Newtown Creek, East River Safety 360-yard radius of the fireworks barge Zone: All waters of the East River in Federal Anchorage No. 1–A, in ap- within a 360-yard radius of the fire- proximate position 40°53′46″ N 073°46′04″ works barge in approximate position W (NAD 1983), about 360 yards north- 40°44′24.0′ N 073°58′00.0″ W (NAD 1983), west of Emerald Rock Buoy (LLNR about 785 yards south of Belmont Is- 25810). land. (8) Glen Cove, Hempstead Harbor Safety (d) Hudson River. The following areas Zone: All waters of Hempstead Harbor are safety zones: within a 360-yard radius of the fire- (1) Pier 60, Hudson River Safety Zone: works barge in approximate position All waters of the Hudson River within 40°51′58″ N 073°39′34″ W (NAD 1983), a 360-yard radius of the fireworks barge about 500 yards northeast of Glen Cove in approximate position 40°44′49″ N Breakwater Light 5 (LLNR 27065). 074°01′02″ W (NAD 1983), about 500 yards (9) Bar Beach, Hempstead Harbor Safe- west of Pier 60, Manhattan, New York. ty Zone: All waters of Hempstead Har- (2) The Battery, Hudson River Safety bor within a 180-yard radius of the fire- Zone: All waters of the Hudson River works barge in approximate position and Anchorage Channel within a 360- 40°49′50″ N 073°39′12″ W (NAD 1983), yard radius of the fireworks barge in about 190 yards north of Bar Beach, approximate position 40°42′00″ N Hempstead Harbor, New York. 074°01′17″ W (NAD 1983), about 500 yards (10) Larchmont Harbor, Western Long south of The Battery, Manhattan, New Island Sound Safety Zone: All waters of York. western Long Island Sound within a (3) Battery Park City, Hudson River 240-yard radius of the fireworks barge Safety Zone: All waters of the Hudson in approximate position 40°55′21.8″ N River within a 360-yard radius of the 073°44′21.7″ W (NAD 1983), about 540 fireworks barge in approximate posi- yards north of Umbrella Rock. tion 40°42′39″ N 074°01′21″ W (NAD 1983), (11) Orchard Beach, The Bronx, Safety about 480 yards southwest of North Zone: All waters of Long Island Sound Cove Yacht Harbor, Manhattan, New in an area bound by the following York. points: 40°51′43.5″ N 073°47′36.3″ W; (4) Pier 90, Hudson River Safety Zone: thence to 40°52′12.2″ N 073°47′13.6″ W; All waters of the Hudson River within thence to 40°52′02.5″ N 073°46′47.8″ W; a 360-yard radius of the fireworks barge thence to 40°51′32.3″ N 073°47′09.9″ W in approximate position 40°46′11.8′ N (NAD 1983), thence to the point of ori- 074°00′14.8″ W (NAD 1983), about 375 gin. yards west of Pier 90, Manhattan. (c) East River. The following areas are (5) Yonkers, New York, Hudson River safety zones: Safety Zone: All waters of the Hudson (1) Pier 14, East River Safety Zone: All River within a 360-yard radius of the waters of the East River within a 180- fireworks barge in approximate posi- yard radius of the fireworks barge in tion 40°56′14.5″ N 073°54′33″ W (NAD

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1983), about 475 yards northwest of the This sign will consist of 10″ high by 1.5″ Yonkers Municipal Pier, New York. wide red lettering on a white back- (6) Hastings-on-Hudson, New York, ground. Shore sites used in these loca- Hudson River Safety Zone: All waters of tions will display a sign labeled the Hudson River within a 360-yard ra- ‘‘FIREWORKS—STAY AWAY’’ with dius of the fireworks barge in approxi- the same dimensions. mate position 40°59′44.5″ N 073°53′28″ W (f) Enforcement period. This section (NAD 1983), about 425 yards west of will be enforced from 6 p.m. (e.s.t.) to 1 Hastings-on-Hudson, New York. a.m. (e.s.t.) each day a barge with a (7) Pier D, Hudson River Safety Zone: ‘‘FIREWORKS—STAY AWAY’’ sign on All waters of the Hudson River within the port and starboard side is on-scene a 360-yard radius of the fireworks barge or a ‘‘FIREWORKS—STAY AWAY’’ in approximate position 40°42′57.5″ N sign is posted in a location listed in 074°01′34″ W (NAD 1983), about 375 yards paragraphs (a) through (d) of this sec- southeast of Pier D, Jersey City, New tion. Vessels may enter, remain in, or Jersey. transit through these safety zones dur- (8) Pier 54, Hudson River Safety Zone: ing this time frame if authorized by All waters of the Hudson River within the Captain of the Port New York or a 360-yard radius of the fireworks barge designated Coast Guard patrol per- in approximate position 40°44′31″ N sonnel on scene. 074°01′00″ W (NAD 1983), about 380 yards (g) Regulations. (1) The general regu- west of Pier 54, Manhattan. lations contained in 33 CFR 165.23 (9) Pier 84, Hudson River Safety Zone: apply. All waters of the Hudson River within (2) All persons and vessels shall com- a 360-yard radius of the fireworks barge ply with the instructions of the Coast in approximate position 40°45′56.9″ N Guard Captain of the Port or the des- 074°00′25.4″ W (NAD 1983), about 380 ignated on-scene-patrol personnel. yards west of Pier 84, Manhattan. These personnel comprise commis- (10) Peekskill Bay, Hudson River Safety sioned, warrant, and petty officers of Zone: All waters of Peekskill Bay with- the Coast Guard. Upon being hailed by in a 360-yard radius of the fireworks a U. S. Coast Guard vessel by siren, barge in approximate position 41°17′16″ radio, flashing light, or other means, N 073°56′18″ W (NAD 1983), about 670 the operator of a vessel shall proceed yards north of Travis Point. as directed. (11) Jersey City, Hudson River Safety [CDG01–00–004, 65 FR 43239, July 13, 2000, as Zone: All waters of the Hudson River amended by CGDO1–00–221, 66 FR 16000, Mar. within a 360-yard radius of the fire- 22, 2001; CGD01–03–102, 69 FR 41199, July 8, works barge in approximate position 2004] 40°42′37.3″ N 074°01′41.6″ W (NAD 1983), about 420 yards east of Morris Canal § 165.169 Safety and Security Zones: Little Basin. New York Marine Inspection Zone (12) Newburgh, NY, Safety Zone: All and Captain of the Port Zone. waters of the Hudson River within a (a) Safety and security zones. The fol- 360-yard radius of the fireworks barge lowing waters within the New York in approximate position 41°30′01.2″ N Marine Inspection Zone and Captain of 073°59′42.5″ W (NAD 1983), approxi- the Port Zone are safety and security mately 930 yards east of Newburgh, NY. zones: (e) Notification. Coast Guard Activi- (1) Indian Point Nuclear Power Station ties New York will cause notice of the (IPNPS). All waters of the Hudson activation of these safety zones to be River within a 300-yard radius of the made by all appropriate means to ef- IPNPS pier in approximate position fect the widest publicity among the af- 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). fected segments of the public, includ- (2) U.S. Coast Guard Cutters and Shore ing publication in the local notice to Facilities. All waters within 100 yards mariners, marine information broad- of: Each moored, or anchored, Coast casts, and facsimile. Fireworks barges Guard Cutter; Coast Guard Station used in these locations will also have a New York, Staten Island, NY; Coast sign on their port and starboard side Guard Station Sandy Hook, NJ; Coast labeled ‘‘FIREWORKS—STAY AWAY’’. Guard Station Kings Point, NY; and

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Coast Guard Aids to Navigation Team 073°59′59.0″ W, thence south to approxi- New York, Bayonne, NJ. mate position 40°45′55.3″ N, 074°00′20.2″ (3) Commercial Waterfront Facilities. W (NAD 1983), thence east to the south- All waters within 25 yards of each com- east corner of Pier 84 where it inter- mercial waterfront facility that is ca- sects the seawall, thence north along pable of accepting barge, ferry or other the shoreline to the point of origin. commercial vessels. For purposes of (ii) Enforcement period. This zone will this section, ‘‘commercial waterfront be enforced whenever passenger vessels facility’’ means all piers, wharves, are pierside at Pier 88, 90 or 92 or when- docks and similar structures to which ever the passenger ship terminal or the barge, ferry or other commercial ves- adjacent Intrepid Sea, Air and Space sels may be secured; areas of land or Museum, Manhattan is being used as water under and in immediate prox- an Emergency Operations Center. The imity to them; buildings on such struc- activation and termination of a par- tures or contiguous to them; and equip- ticular zone will be announced in ac- ment and materials on such structures cordance with 33 CFR 165.7. and in such buildings. (7) La Guardia Airport, Bowery and (i) When a barge, ferry or other com- Flushing Bays, Queens, NY. (i) Location: mercial vessel is conducting transfer 200-Yard Zone. All waters of Bowery operations at a commercial waterfront and Flushing Bays within approxi- facility, the 25-yard zone is measured mately 200 yards of La Guardia Airport from the outboard side of the commer- bound by the following points: Onshore cial vessel. at Steinway, Queens, in approximate (ii) Vessels may transit through any position 40°46′32.1″ N, 073°53′22.4″ W, portion of the zone that extends into thence to 40°46′52.8″ N, 073°53′09.3″ W, the navigable channel for the sole pur- thence to 40°46′54.8″ N, 073°52′54.2″ W, pose of direct and expeditious transit thence to 40°46′59.3″ N, 073°52′51.3″ W, through the zone so long as they re- thence to 40°47′11.8″ N, 073°53′17.3″ W, main within the navigable channel, thence to 40°47′13.0″ N, 073°53′16.1″ W on maintain the maximum safe distance Rikers Island, thence easterly along from the commercial waterfront facil- the Rikers Island shoreline to approxi- ity and do not stop or loiter within the mate position 40°47′12.9″ N, 073°52′17.9″ zone. W, thence to 40°47′16.7″ N, 073°52′09.2″ W, (4) Liberty and Ellis Islands. All waters thence to 40°47′36.1″ N, 073°51′52.5″ W, within 150 yards of Liberty Island, Ellis thence to 40°47′35.1″ N, 073°51′50.5″ W, Island, and the bridge between Liberty thence to 40°47′15.9″ N, 073°52′06.4″ W, State Park and Ellis Island. thence to 40°47′14.5″ N, 073°52′03.1″ W, (5) Bridge Piers and Abutments, Over- thence to 40°47′10.6″ N, 073°52′06.7″ W, head Power Cable Towers, Piers and Tun- thence to 40°47′01.9″ N, 073°52′02.4″ W, nel Ventilators. All waters within 25 thence to 40°46′50.4″ N, 073°52′08.1″ W, yards of any bridge pier or abutment, thence to 40°46′26.8″ N, 073°51′18.5″ W, overhead power cable tower, pier or thence to 40°45′57.2″ N, 073°51′01.8″ W, tunnel ventilators south of the Troy, thence to 40°45′51.2″ N, 073°50′59.6″ W, NY Locks. Vessels may transit through thence to 40°45′49.5″ N, 073°51′07.2″ W, any portion of the zone that extends thence to 40°45′58.8″ N, 073°51′13.2″ W, into the navigable channel for the sole thence to 40°46′02.3″ N, 073°51′20.1″ W, purpose of direct and expeditious tran- thence to 40°45′48.4″ N, 073°51′37.0″ W, sit through the zone so long as they re- (NAD 1983) thence along the shoreline main within the navigable channel, to the point of origin. maintain the maximum safe distance (ii) Location: 100-Yard Zone. All wa- from the waterfront facility and do not ters of Bowery and Flushing Bays with- stop or loiter within the zone. in approximately 100 yards of La (6) New York City Passenger Ship Ter- Guardia Airport bound by the following minal, Hudson River, NY. (i) Location. points: Onshore at Steinway, Queens, All waters of the Hudson River bound in approximate position 40°46′32.1″ N, by the following points: From the 073°53′22.4″ W, thence to 40°46′50.6″ N, northeast corner of Pier 96 where it 073°53′07.3″ W, thence to 40°46′53.0″ N, intersects the seawall, thence west to 073°52′50.9″ W, thence to 40°46′57.6″ N, approximate position 40°46′23.1″ N, 073°52′47.9″ W, thence to 40°47′11.8″ N,

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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 wa- 073°52′06.1″ W, thence to 40°46′50.0″ N, ters of Jamaica Bay within approxi- 073°52′14.6″ W, thence to 40°46′22.2″ N, mately 100 yards of John F. Kennedy 073°51′16.0″ W, thence to 40°45′57.2″ N, Airport bound by the following points: 073°51′01.8″ W, thence to 40°45′52.4″ N, Onshore east of Bergen Basin, Queens, 073°51′00.2″ W, thence to 40°45′50.6″ N, in approximate position 40°38′49.0″ N, 073°51′07.9″ W, thence to 40°45′58.8″ N, 073°49′09.1″ W, thence to 40°38′45.1″ N, 073°51′13.2″ W, thence to 40°46′04.0″ N, 073°49′11.6″ W, thence to 40°38′02.0″ N, 073°51′23.3″ W, thence to 40°45′51.2″ N, 073°47′31.8″ W, thence to 40°37′52.3″ N, 073°51′38.8″ W, (NAD 1983) thence along 073°47′55.0″ W, thence to 40°37′50.3″ N, the shoreline to the point of origin. 073°47′53.5″ W, thence to 40°38′00.8″ N, (iii) Enforcement period. The zones de- 073°47′29.4″ W, thence to 40°37′47.4″ N, scribed in paragraph (a)(7) of this sec- 073°47′02.4″ W, thence to 40°37′19.9″ N, tion will be effective at all times. When 073°47′25.0″ W, thence to 40°37′10.0″ N, port security conditions permit, the 073°47′03.7″ W, thence to 40°37′37.7″ N, Captain of the Port will allow vessels 073°46′41.2″ W, thence to 40°37′22.6″ N, to operate within that portion of the 073°46′21.9″ W, thence to 40°37′05.7″ N, waters described in paragraph (a)(7)(i) 073°46′34.9″ W, thence to 40°36′54.8″ N, that lies outside of the waters de- 073°46′26.7″ W, thence to 40°37′14.1″ N, scribed in paragraph (a)(7)(ii). Author- 073°46′10.8″ W, thence to 40°37′40.0″ N, ization to enter the waters that lie be- 073°45′55.6″ W, thence to 40°38′02.8″ N, tween the outer boundaries of the 073°44′57.5″ W, thence to 40°38′05.1″ N, zones described in paragraphs (a)(7)(i) 073°45′00.3″ W, (NAD 1983) thence along and (a)(7)(ii) will be communicated by the shoreline to the point of origin. the Captain of the Port to the public (v) Enforcement period. The zones de- by marine broadcast, or local notice to scribed in paragraphs (a)(8) of this sec- mariners, or notice posted at http:// tion will be effective at all times. When homeport.uscg.mil/newyork. port security conditions permit, the (8) John F. Kennedy Airport, Jamaica Captain of the Port will allow vessels Bay, Queens, NY. (i) Location: Bergen to operate within that portion of the Basin. All waters of Bergen Basin north waters described in paragraph (a)(8)(iii) of 40°39′26.4″ N. that lies outside of the waters de- (ii) Location: Thurston Basin. All wa- scribed in paragraph (a)(8)(iv). Author- ters of Thurston Basin north of ization to enter the waters that lie be- 40°38′21.2″ N. tween the outer boundaries of the (iii) Location: 200-Yard Zone. All wa- zones described in paragraphs (a)(8)(iii) ters of Jamaica Bay within approxi- and (a)(8)(iv) will be communicated by mately 200 yards of John F. Kennedy the Captain of the Port to the public Airport bound by the following points: by marine broadcast, local notice to Onshore east of Bergen Basin, Queens, mariners, or notice posted at http:// in approximate position 40°38′49.0″ N, homeport.uscg.mil/newyork. 073°49′09.1″ W, thence to 40°38′42.5″ N, (9) NYPD Ammunition Depot, Rodman 073°49′13.2″ W, thence to 40°38′00.6″ N, Neck, Eastchester Bay, NY. (i) Location: 073°47′35.1″ W, thence to 40°37′52.3″ N, 150-Yard Zone. All waters of 073°47′55.0″ W, thence to 40°37′50.3″ N, Eastchester Bay within approximately 073°47′53.5″ W, thence to 40°37′59.4″ N, 150 yards of Rodman Neck bound by the 073°47′32.6″ W, thence to 40°37′46.1″ N, following points: Onshore in approxi- 073°47′07.2″ W, thence to 40°37′19.5″ N, mate position 40°51′30.4″ N, 073°48′14.9″ 073°47′30.4″ W, thence to 40°37′05.5″ N, W, thence to 40°51′29.9″ N, 073°48′20.7″ W,

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thence to 40°51′16.9″ N, 073°48′22.5″ W, (11) Global Marine Terminal, Upper thence to 40°51′07.5″ N, 073°48′18.7″ W, New York Bay. All waters of Upper New thence to 40°50′54.2″ N, 073°48′11.1″ W, York Bay between the Global Marine thence to 40°50′48.5″ N, 073°48′04.6″ W, and Military Ocean Terminals, west of thence to 40°50′49.2″ N, 073°47′56.5″ W, the New Jersey Pierhead Channel. thence to 40°51′03.6″ N, 073°47′47.3″ W, (12) Approaches to New York, Atlantic thence to 40°51′15.7″ N, 073°47′46.8″ W, Ocean. The following area is a security thence to 40°51′23.5″ N, 073°47′41.9″ W, zone: All waters of the Atlantic Ocean (NAD 1983) thence southwesterly along between the Ambrose to Hudson Can- the shoreline to the point of origin. yon Traffic Lane and the Barnegat to (ii) Location: 100-Yard Zone. All wa- Ambrose Traffic Lane bound by the fol- ters of Eastchester Bay within approxi- lowing points: 40°21′29.9″ N, 073°44′41.0″ mately 100 yards of Rodman Neck W, thence to 40°21′04.5″ N, 073°45′31.4″ W, bound by the following points: Onshore thence to 40°15′28.3″ N, 073°44′13.8″ W, in approximate position 40°51′30.4″ N, thence to 40°15′35.4″ N, 073°43′29.8″ W, 073°48′14.9″ W, thence to 40°51′30.1″ N, thence to 40°19′21.2″ N, 073°42′53.0″ W, 073°48′19.0″ W, thence to 40°51′16.8″ N, (NAD 1983) thence to the point of ori- 073°48′20.5″ W, thence to 40°51′07.9″ N, gin. 073°48′16.8″ W, thence to 40°50′54.9″ N, (b) Regulations. (1) Entry into or re- 073°48′09.0″ W, thence to 40°50′49.7″ N, maining in a safety or security zone is 073°48′03.6″ W, thence to 40°50′50.1″ N, prohibited unless authorized by the 073°47′57.9″ W, thence to 40°51′04.6″ N, Coast Guard Captain of the Port, New 073°47′48.9″ W, thence to 40°51′15.9″ N, York. 073°47′48.4″ W, thence to 40°51′23.5″ N, (2) Persons desiring to transit the 073°47′41.9″ W, (NAD 1983) thence south- area of a safety or security zone may westerly along the shoreline to the contact the Captain of the Port at tele- point of origin. phone number 718–354–4088 or on VHF (iii) Enforcement period. The zones de- channel 14 (156.7 MHz) or VHF channel scribed in paragraph (a)(9) of this sec- 16 (156.8 MHz) to seek permission to tion will be effective at all times. When transit the area. If permission is grant- port security conditions permit, the ed, all persons and vessels must comply Captain of the Port will allow vessels with the instructions of the Captain of to operate within that portion of the the Port or his or her designated rep- waters described in paragraph (a)(9)(i) resentative. that lies outside of the waters de- (3) Vessels not actively engaged in scribed in paragraph (a)(9)(ii). Author- authorized vessel to facility transfer ization to enter the waters that lie be- operations shall not stop or loiter tween the outer boundaries of the within that part of a commercial wa- zones described in paragraphs (a)(9)(i) terfront facility safety and security and (a)(9)(ii) will be communicated by zone extending into the navigable the Captain of the Port to the public channel, described in paragraph (a)(3) by marine broadcast, local notice to of this section, without the express mariners, or notice posted at http:// permission of the Coast Guard Captain homeport.uscg.mil/newyork. of the Port or his or her designated (10) Port Newark/Port Elizabeth, New- representative, including on-scene pa- ark Bay, NJ. All waters of Newark Bay trol personnel. bound by the following points: (4) The zone described in paragraph 40°41′49.9″ N, 074°07′32.2″ W, thence to (a)(12) of this section is not a Federal 40°41′46.5″ N, 074°07′20.4″ W, thence to Anchorage Ground. Only vessels di- 40°41′10.7″ N, 074°07′45.9″ W, thence to rected by the Captain of the Port or his 40°40′54.3″ N, 074°07′55.7″ W, thence to or her designated representative to 40°40′36.2″ N, 074°08′03.8″ W, thence to enter this zone are authorized to an- 40°40′29.1″ N, 074°08′06.3″ W, thence to chor here. 40°40′21.9″ N, 074°08′10.0″ W, thence to (5) Vessels do not need permission 40°39′27.9″ N, 074°08′43.6″ W, thence to from the Captain of the Port to transit 40°39′21.5″ N, 074°08′50.1″ W, thence to the area described in paragraph (a)(12) 40°39′21.5″ N, 074°09′54.3″ W, (NAD 1983) of this section during periods when thence northerly along the shoreline to that security zone is not being en- the point of origin. forced.

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(c) Enforcement. Enforcement periods Coast Guard Sector Baltimore or any for the zone in paragraph (a)(12) of this Coast Guard commissioned, warrant, or section will be announced through ma- petty officer who has been authorized rine information broadcast or other ap- by the Captain of the Port, Baltimore, propriate method of communication. Maryland to act on his or her behalf. The Coast Guard is enforcing the zone (b) Location. The following area is a whenever a vessel is anchored in the se- safety zone: all waters of the Anacostia curity zone or a Coast Guard patrol River, surface to bottom, within a ra- vessel is on-scene. dius of 350 feet around a fireworks discharge site which will be located at po- [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as sition latitude 38°52′18″ N, longitude amended by CGD01–03–036, 69 FR 2670, Jan. 20, ° ′ ″ 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; 077 00 20 W. All coordinates reference USCG–2008–0179, 73 FR 35017, June 19, 2008] North American Datum 1983. (c) Regulations: (1) The general regu- § 165.170 Safety Zone: Triathlon, Ulster lations governing safety zones, found Landing, Hudson River, NY. in Sec. 165.23, apply to the safety zone (a) Regulated area. The following area described in paragraph (b) of this sec- is a safety zone: All waters of the Hud- tion. son River, in the vicinity of Ulster (2) Entry into or remaining in this Landing, bound by the following zone is prohibited, unless authorized by points: 42°00′03.7″ N, 073°56′43.1″ W; the Captain of the Port, Baltimore, thence to 41°59′52.5″ N, 073°56′34.2″ W; Maryland. thence to 42°00′15.1″ N, 073°56′25.2″ W; (3) Persons or vessels requiring entry thence to 42°00′05.4″ N, 073°56′41.9″ W into or passage through the moving (NAD 1983); thence along the shoreline safety zone must first request author- to the point of beginning. ization from the Captain of the Port, Baltimore, Maryland to seek permis- (b) Effective period. This section is in sion to transit the area. The Captain of effect annually from 6 a.m. until 9 a.m. the Port, Baltimore, Maryland can be on the first Sunday after July 4th. contacted at telephone number (410) (c) Regulations. (1) The general regu- 576–2693. The Coast Guard vessels en- lations contained in 33 CFR 165.23 forcing this section can be contacted apply. on Marine Band Radio VHF Channel 16 (2) No vessels will be allowed to tran- (156.8 MHz). Upon being hailed by a sit the safety zone without the permis- U.S. Coast Guard vessel by siren, radio, sion of the Captain of the Port, New flashing light, or other means, the per- York. son or vessel shall proceed as directed. (3) All persons and vessels shall com- If permission is granted, all persons or ply with the instructions of the Coast vessels must comply with the instruc- Guard Captain of the Port or the des- tions of the Captain of the Port, Balti- ignated on-scene patrol personnel. more, Maryland, and proceed at the These personnel comprise commis- minimum speed necessary to maintain sioned, warrant, and petty officers of a safe course while within the zone. the Coast Guard. Upon being hailed by (d) Enforcement. The U.S. Coast a U.S. Coast Guard vessel by siren, Guard may be assisted in the patrol radio, flashing light, or other means, and enforcement of the zone by Fed- the operator of a vessel shall proceed eral, State and local agencies. as directed. (e) Enforcement periods. This section [CGD01–00–248, 66 FR 29486, May 31, 2001] will be enforced from 7:30 p.m. through 11:30 p.m. on April 25, 2008; May 2, 2008; § 165.202 [Reserved] May 9, 2008; May 23, 2008; June 6, 2008; June 20, 2008; June 27, 2008; July 11, FIFTH COAST GUARD DISTRICT 2008; August 1, 2008; August 15, 2008; Au- § 165.T05–0338 Safety zone; Fireworks gust 29, 2008; and September 19, 2008. Displays, Anacostia River, Wash- [USCG–2008–0338, 73 FR 27462, May 13, 2008] ington, DC. EFFECTIVE DATE NOTE: By USCG–2008–0338, (a) Definitions. For the purposes of 73 FR 27462, May 8, 2008, temporary § 165.T05– this section, Captain of the Port, Balti- 0338 was added, effective Apr. 25, 2008 through more, Maryland means the Commander, Sept. 19, 2008.

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§ 165.500 Safety/Security Zones; Chesa- boundary line at latitude 36°33′05″ N, peake Bay, Maryland. longitude 75°36′51″ W, thence generally (a) Definitions. (1) Certain Dangerous Northeastward along the Territorial Cargo (CDC) means a material defined Seas boundary line to latitude 38°01′39″ in 33 CFR part 160. N, longitude 74°57′18″ W, thence due (2) Liquefied Hazardous Gas (LHG) West to the mean low water mark at means a material defined in 33 CFR the Maryland and Virginia border at part 127. latitude 38°01′39″ N, longitude 75°14′30″ (3) Liquefied Natural Gas (LNG) W, thence South along the mean low means a material defined in 33 CFR water mark on the Virginia coast, and part 127. eastward of the Colregs Demarcation (4) Cruise ship means a vessel defined Lines across Chincoteague Inlet, as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 Assawoman Inlet, Gargathy Inlet, (22). Metompkin Inlet, Wachapreague Inlet, (b) Location. The following areas are Quinby Inlet, Great Machipongo Inlet, a safety/security zone: All waters of Sand Shoal Inlet, New Inlet, Ship the Chesapeake Bay and its tributaries, Shoal Inlet and Little Inlet, to the from surface to bottom, within a 500 Colregs Demarcation Line across the yard radius around cruise ships and mouth of Chesapeake Bay, continuing vessels transporting CDC, LNG, or LHG south along the Virginia low water while transiting, anchored, or moored mark and eastward of the Colregs De- within the COTP Baltimore zone. marcation Line across Rudee Inlet to (c) Regulations. (1) The COTP will no- the point of beginning. All positions tify the maritime community of af- reference NAD 83. fected vessels and the periods during (2) Inland zone. The waters enclosed which the safety/security zones will be by the shoreline and the following enforced by providing notice to mari- lines: ners in accordance with 33 CFR 165.7. (i) A line drawn across the entrance (2) Entry into or remaining in this to Chesapeake Bay between Wise Point zone is prohibited unless authorized by and Cape Charles Light, and then con- the Coast Guard COTP, Baltimore, tinuing to Cape Henry Light. Maryland or his designated representa- (ii) A line drawn across the Chesa- tive. peake Bay between Old Point Comfort (3) Persons desiring to transit the Light and Cape Charles City Range area of the security zone may contact ‘‘A’’ Rear Light. the COTP at telephone number 410–576– (iii) A line drawn across the James 2693 or on VHF channel 16 (156.8 MHz) River along the eastern side of U.S. to seek permission to transit the area. Route 17 highway bridge, between New- If permission is granted, all persons port News and Isle of Wight County, and vessels must comply with the in- Virginia. structions of the COTP or his or her (iv) A line drawn across Chuckatuck designated representative. Creek along the northern side of the (d) Authority. In addition to 33 U.S.C. north span of the U.S. Route 17 high- 1231, the authority for this section in- way bridge, between Isle of Wight cludes 50 U.S.C. 191. County and Suffolk, Virginia. [CDG05–03–008, 68 FR 43311, July 22, 2003] (v) A line drawn across the Nansemond River along the northern § 165.501 Chesapeake Bay entrance side of the Mills Godwin (U.S. Route 17) and Hampton Roads, VA and adja- Bridge, Suffolk, Virginia. cent waters—Regulated Navigation (vi) A line drawn across the mouth of Area. Bennetts Creek, Suffolk, Virginia. (a) Location. The waters enclosed by (vii) A line drawn across the Western the shoreline and the following lines Branch of the Elizabeth River along are a Regulated Navigation Area: the eastern side of the West Norfolk (1) Offshore zone. A line drawn due Bridge, Portsmouth, Virginia. East from the mean low water mark at (viii) A line drawn across the South- the North Carolina and Virginia border ern Branch of the Elizabeth River at latitude 36°33′03″ N, longitude along the northern side of the I–64 75°52′00″ W, to the Territorial Seas highway bridge, Chesapeake, Virginia.

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

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(3) Secondary towing rig requirements lated Navigation Area, that has its on inland waters. (i) A vessel over 100 ability to maneuver become impaired gross tons may not be towed in the infor any reason, shall, as soon as pos- land waters of the Regulated Naviga- sible, report the impairment to the tion Area unless it is equipped with a Captain of the Port. secondary towing rig, in addition to its (6) Requirements for navigation charts, primary towing rig, that: radars, and pilots. No vessel over 100 (A) Is of sufficient strength for tow- gross tons may enter the Regulated ing the vessel. Navigation Area, unless it has on (B) Has a connecting device that can board: receive a shackle pin of at least two (i) Corrected charts of the Regulated inches in diameter. Navigation Area. Instead of corrected (C) Is fitted with a recovery pickup paper charts, warships or other vessels line led outboard of the vessel’s hull. owned, leased, or operated by the (ii) A tow consisting of two or more United States Government and used vessels, each of which is less than 100 only in government noncommercial gross tons, that has a total gross ton- service may carry electronic charting nage that is over 100 gross tons, shall and navigation systems that have met be equipped with a secondary towing the applicable agency regulations re- rig between each vessel in the tow, in garding navigation safety. addition to its primary towing rigs, (ii) An operative radar during periods while the tow is operating within this of reduced visibility; Regulated Navigation Area. The sec- (iii) When in inland waters, a pilot or ondary towing rig must: other person on board with previous ex- (A) Be of sufficient strength for tow- perience navigating vessels on the wa- ing the vessels. ters of the Regulated Navigation Area. (B) Have connecting devices that can (7) Emergency procedures. (i) Except as receive a shackle pin of at least two provided in paragraph (d)(7)(ii) of this inches in diameter. section, in an emergency any vessel (C) Be fitted with recovery pickup may deviate from the regulations in lines led outboard of the vessel’s hull. this section to the extent necessary to (4) Thimble Shoals Channel controls. (i) avoid endangering the safety of per- A vessel drawing less than 25 feet may sons, property, or the environment. not enter the Thimble Shoal Channel, (ii) A vessel over 100 gross tons with unless the vessel is crossing the chan- an emergency that is located within nel. Masters should consider the squat two nautical miles of the CBBT or I–664 of their vessel based upon vessel design Bridge Tunnel shall notify the Captain and environmental conditions. Channel of the Port of its location and the na- crossings shall be made as perpen- ture of the emergency, as soon as pos- dicular to the channel axis as possible. sible. (ii) Except when crossing the chan- (8) Vessel speed limits—(i) Little Creek. nel, a vessel in the Thimble Shoal A vessel may not proceed at a speed North Auxiliary Channel shall proceed over five knots between the Route 60 in a westbound direction. bridge and the mouth of Fishermans (iii) Except when crossing the chan- Cove (Northwest Branch of Little nel, a vessel in the Thimble Shoal Creek). South Auxiliary Channel shall proceed (ii) Southern Branch of the Elizabeth in an eastbound direction. River. A vessel may not proceed at a (5) Restrictions on vessels with impaired speed over six knots between the junc- maneuverability—(i) Before entry. A ves- tion of the Southern and Eastern sel over 100 gross tons, whose ability to Branches of the Elizabeth River and maneuver is impaired by heavy weath- the Norfolk and Portsmouth Belt Line er, defective steering equipment, defec- Railroad Bridge between Chesapeake tive main propulsion machinery, or and Portsmouth, Virginia. other damage, may not enter the Regu- (iii) Norfolk Harbor Reach. Nonpublic lated Navigation Area without the per- vessels of 300 gross tons or more may mission of the Captain of the Port. not proceed at a speed over 10 knots be- (ii) After entry. A vessel over 100 gross tween the Elizabeth River Channel tons, which is underway in the Regu- Lighted Gong Buoy 5 of Norfolk Harbor

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Reach (southwest of Sewells Point) at (2) If needed for the maritime, com- approximately 36°58′00″ N, 076°20′00″ W, mercial or security interests of the and gated Elizabeth River Channel United States, the Captain of the Port Lighted Buoys 17 and 18 of Craney Is- may order a vessel to move from the land Reach (southwest of Norfolk location in which it is anchored to an- International Terminal at approxi- other location within the Regulated mately 36°54′17″ N, and 076°20′11″ W. Navigation Area. (9) Port security requirements. Vessels (3) The master of a vessel within the in excess of 300 gross tons, including Regulated Navigation Area shall com- tug and barge combinations in excess ply with any orders or directions issued of 300 gross tons (combined), shall not to the master’s vessel by the Captain of enter the Regulated Navigation Area, the Port. move within the Regulated Navigation [CGD05–02–099, 68 FR 35175, June 12, 2003, as Area, or be present within the Regu- amended by USCG–2006–25150, 71 FR 39211, lated Navigation Area, unless they July 12, 2006] comply with the following requirements: § 165.502 Safety and Security Zone; (i) Obtain authorization to enter the Cove Point Liquefied Natural Gas Regulated Navigation Area from the Terminal, Chesapeake Bay, Mary- land. designated representative of the Cap- tain of the Port prior to entry. All ves- (a) Location. The following area is a sels entering or remaining in the Regu- safety and security zone: All waters of lated Navigation Area may be subject the Chesapeake Bay, from surface to to a Coast Guard boarding. bottom, encompassed by lines con- (ii) Ensure that no person who is not necting the following points, beginning ° ′ ″ ° ′ ″ a permanent member of the vessel’s at 38 24 27 N, 76 23 42 W, thence to ° ′ ″ ° ′ ″ crew, or a member of a Coast Guard 38 24 44 N, 76 23 11 W, thence to ° ′ ″ ° ′ ″ boarding team, boards the vessel with- 38 23 55 N, 76 22 27 W, thence to ° ′ ″ ° ′ ″ out a valid purpose and photo identi- 38 23 37 N, 76 22 58 W, thence to begin- ° ′ ″ ° ′ ″ fication. ning at 38 24 27 N, 76 23 42 W. These (iii) Report any departure from or coordinates are based upon North movement within the Regulated Navi- American Datum (NAD) 1983. This area gation Area to the designated rep- is 500 yards in all directions from the resentative of the Captain of the Port Cove Point LNG terminal structure. prior to getting underway. (b) Regulations. (1) In accordance with (iv) The designated representative of the general regulations in §§ 165.23 and the Captain of the Port is the Sector 165.33 of this part, entry into or move- Command Center (SCC)—Joint Harbor ment within this zone is prohibited un- Operations Center (JHOC) which shall less authorized by the Coast Guard be contacted on VHF–FM channel 12, or Captain of the Port, Baltimore, Mary- by calling (757) 668–5555. land or his designated representative. (v) In addition to the authorities list- Designated representatives include any ed in this part, this paragraph is pro- Coast Guard commissioned, warrant, or mulgated under the authority under 33 petty officer. U.S.C. 1226. (2) Persons desiring to transit the (e) Waivers. (1) The Captain of the area of the zone may contact the Cap- Port may, upon request, waive any reg- tain of the Port at telephone number ulation in this section. (410) 576–2693 or via VHF Marine Band (2) An application for a waiver must Radio Channel 16 (156.8 MHz) to seek state the need for the waiver and de- permission to transit the area. If per- scribe the proposed vessel operations. mission is granted, all persons and ves- (f) Control of vessels within the regu- sels must comply with the instructions lated navigation area. (1) When nec- of the Captain of the Port or his des- essary to prevent damage, destruction ignated representative. or loss of any vessel, facility or port in- (c) Enforcement. The U.S. Coast Guard frastructure, the Captain of the Port may be assisted in the patrol and en- may direct the movement of vessels or forcement of the zone by Federal, issue orders requiring vessels to anchor State, local, and private agencies. or moor in specific locations. [CGD05–03–023, 68 FR 75133, Dec. 30, 2003]

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§ 165.503 Security Zone; Captain of the sion to transit the area. All persons Port Hampton Roads Zone. and vessels must comply with the in- (a) Definitions. As used in this sec- structions of the COTP or the COTP’s tion— designated representative. Certain dangerous cargo or CDC means (d) Enforcement. The COTP will en- a material defined as CDC in 33 CFR force these zones and may enlist the 160.204. aid and cooperation of any Federal, Designated Representative of the Cap- state, county, or municipal law en- tain of the Port is any U.S. Coast forcement agency to assist in the en- Guard commissioned, warrant or petty forcement of the regulation. officer who has been authorized by the [CGD05–04–067, 69 FR 40769, July 7, 2004] Captain of the Port (COTP), Hampton Roads, Virginia to act on his or her be- § 165.504 Newport News Shipbuilding half. and Dry Dock Company Shipyard, Passenger vessel means a vessel de- James River, Newport News, Va. fined as a passenger vessel in 46 CFR (a) Location. The following is a secu- part 70. rity zone: The waters of the James (b) Location. All navigable waters of River encompassed by a line beginning the Captain of the Port Hampton at the intersection of the shoreline Roads zone (defined in 33 CFR 3.25–10) with the northernmost property line of within 500 yards around a passenger the Newport News Shipbuilding and vessel or vessel carrying a CDC, while Dry Dock Co. at latitude 37°00′38.1″ N, the passenger vessel or vessel carrying longitude 76°27′05.7″ W, thence south- CDC is transiting, moored or anchored. erly to latitude 36°59′58.4″ N, longitude (c) Regulations. (1) No vessel may ap- 76°27′16.7″ W, thence southeasterly to proach within 500 yards of a passenger latitude 36°59′23.0″ N, longitude vessel or vessel carrying a CDC within 76°26′54.6″ W, thence westerly to lati- the Captain of the Port Hampton tude 36°59′21.5″ N, longitude 76°26′58.4″ Roads zone, unless traveling at the W, thence southeasterly to latitude minimum speed necessary to navigate 36°59′12.9″ N, longitude 76°26′52.4″ W, safely. thence easterly to latitude 36°59′14.2″ N, (2) Under § 165.33, no vessel or person longitude 76°26′49.1″ W, thence south- may approach within 100 yards of a easterly to latitude 36°58′37.8″ N, lon- passenger vessel or vessel carrying a gitude 76°26′26.3″ W, thence easterly to CDC within the Captain of the Port latitude 36°58′43.5″ N, longitude Hampton Roads zone, unless authorized 76°26′13.7″ W, thence northerly to the by the COTP Hampton Roads or his or intersection of the shoreline with the her designated representative. southernmost property line of the New- (3) The COTP Hampton Roads may port News Shipbuilding and Dry Dock notify the maritime and general public Co. at latitude 36°58′48.0″ N, longitude by marine information broadcast of the 76°26′11.2″ W, thence northwesterly periods during which individual secu- along the shoreline to the point of be- rity zones have been activated by pro- ginning. viding notice in accordance with 33 (b) Security zone anchorage. The fol- CFR 165.7. lowing is a security zone anchorage: (4) A security zone in effect around a The waters of the James River encom- moving or anchored vessel will be en- passed by a line beginning at the inter- forced by a law enforcement vessel. A section of the shoreline with the north- security zone in effect around a moored ernmost property line of the Newport vessel will be enforced by a law en- News Shipbuilding and Dry Dock Com- forcement agent shoreside, a law en- pany shipyard at latitude 37°00′38.1″ N, forcement vessel waterside, or both. longitude 76°27′05.7″ W, thence south- (5) Persons desiring to transit the erly to latitude 36°59′58.4″ N, longitude area of the security zone within 100 76°27′16.7″ W, thence easterly to the yards of a passenger vessel or vessel shoreline at latitude 36°59′58.5″ N, lon- carrying a CDC must contact the COTP gitude 76°27′11.6″ W, thence along the Hampton Roads on VHF-FM channel 16 shoreline to the point of beginning. (156.8 MHz) or telephone number (757) (c) Special Regulations. (1) Section 668–5555 or (757) 484–8192 to seek permis- 165.33 (a), (e), and (f) do not apply to

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the following vessels or individuals on (d) Enforcement. The U.S. Coast board those vessels: Guard may be assisted in the enforce- (i) Public vessels of the United ment of this zone by the U.S. Navy. States. [CGD5 86–03, 51 FR 18322, May 19, 1986, as (ii) Public vessels owned or operated amended by CGD5 87–038, 52 FR 41996, Nov. 2, by the Commonwealth of Virginia or 1987] its subdivisions for law enforcement or firefighting purposes. § 165.505 Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake (iii) Vessels owned by, operated by, Bay, Calvert County, Maryland. or under charter to Newport News Shipbuilding and Dry Dock Co. (a) Location. The following area is a (iv) Vessels that are performing work security zone: All waters of the Chesa- peake Bay, from surface to bottom, en- at Newport News Shipbuilding and Dry compassed by lines connecting the fol- Dock Co., including the vessels of sub- lowing points, beginning at 38°26′06″ N, contractors and other vendors of New- 076°26′18″ W, thence to 38°26′10″ N, port News Shipbuilding and Dry Dock 076°26′12″ W, thence to 38°26′21″ N, Co. or other persons that have a con- 076°26′28″ W, thence to 38°26′14″ N, tractual relationship with Newport 076°26′33″ W, thence to beginning at News Shipbuilding and Dry Dock Co. 38°26′06″ N, 076°26′18″ W. These coordi- (v) Vessels that are being built, re- nates are based upon North American built, repaired, or otherwise worked on Datum (NAD) 1983. at or by Newport News Shipbuilding (b) Regulations. (1) Entry into or re- and Dry Dock Co. or another person au- maining in this zone is prohibited un- thorized to perform work at the ship- less authorized by the Coast Guard yard. Captain of the Port, Baltimore, Mary- (vi) Vessels that are authorized by land. Newport News Shipbuilding and Dry (2) Persons desiring to transit the Dock Company to moor at and use its area of the security zone may contact facilities. the Captain of the Port at telephone (vii) Commercial shellfish harvesting number 410–576–2693 or on VHF channel vessels taking clams from the shellfish 16 (156.8 MHz) to seek permission to beds within the zone, if transit the area. If permission is grant- (A) The owner of the vessel has pre- ed, all persons and vessels must comply with the instructions of the Captain of viously provided the Captain of the the Port or his or her designated rep- Port, Hampton Roads, Virginia, infor- resentative. mation about the vessel, including: (c)Authority: In addition to 33 U.S.C. (1) The name of the vessel; 1231 and 50 U.S.C. 191, the authority for (2) The vessel’s official number, if this section includes 33 U.S.C. 1226. documented, or state number, if numbered by a state issuing authority; [CGD05–02–080, 68 FR 15053, Mar. 28, 2003] (3) A brief description of the vessel, § 165.506 Safety Zones; Fifth Coast including length, color, and type of Guard District Fireworks Displays. vessel; (a) Locations. (1) Patuxent River, Solo- (4) The name, Social Security num- mons Island, MD, Safety Zone. All wa- ber, current address, and telephone ters of Patuxent River within a 300 number of the vessel’s master, oper- yard radius of the fireworks barge in ator, or person in charge; and an area bound by the following points: (5) Upon request, information the 38°19′42″ N, 076°28′02″ W; thence to vessel’s crew. 38°19′26″ N, 076°28′18″ W; thence to (B) The vessel is operated in compli- 38°18′48″ N, 076°27′42″ W; thence to ance with any specific orders issued to 38°19′06″ N, 076°27′25″ W; (Datum NAD the vessel by the Captain of the Port or 1983), thence to the point of origin, lo- other regulations controlling the oper- cated near Solomons Island, MD. ation of vessels within the security (2) Middle River, Baltimore County, zone that may be in effect. MD, Safety Zone. All waters of the Mid- dle River within a 300 yard radius of

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the fireworks barge in approximate po- (10) Patapsco River (Middle Branch), sition 39°17′45″ N, 076°23′49″ W (Datum Baltimore, MD, Safety Zone. All waters NAD 1983), approximately 300 yards of the Patapsco River, Middle Branch, east of Rockaway Beach, near Turkey within an area bound by a line drawn Point. from the following points: 39°15′22″ N, (3) Northeast River, North East, MD, 076°36′36″ W; thence to 39°15′10″ N, Safety Zone. All waters of the North- 076°36′00″ W; thence to 39°15′40″ N, east River within a 300 yard radius of 076°35′23″ W; thence to 39°15′49″ N, the fireworks barge in approximate po- 076°35′47″ W; thence to the point of ori- sition 39°35′26″ N, 075°57′00″ W (Datum gin, (Datum NAD 1983), located ap- NAD 1983), approximately 400 yards proximately 600 yards east of Hanover south of North East Community Park. Street (SR–2) Bridge. (4) Upper Potomac River, Alexandria, (11) Washington Channel, Upper Poto- VA, Safety Zone. All waters of the mac River, Washington, DC, Safety Zone. Upper Potomac River within a 300 yard All waters of the Upper Potomac River radius of the fireworks barge in approx- within a 150 yard radius of the fire- imate position 38°48′37″ N, 077°02′02″ W works barge in approximate position (Datum NAD 1983), located near the 38°52′09″ N, 077°01′13″ W (Datum NAD waterfront of Alexandria, Virginia. 1983), located within the Washington (5) Potomac River, Prince William Channel in Washington Harbor, DC. County, VA, Safety Zone. All waters of (12) Dukeharts Channel, Potomac River, the Potomac River within a 200 yard MD, Safety Zone. All waters of the Po- radius of the fireworks barge in approx- tomac River within a 300 yard radius of ° ′ ″ ° ′ ″ imate position 38 34 08 N, 077 15 34 W the fireworks barge in approximate po- (Datum NAD 1983), located near Cherry sition 38°13′48″ N, 076°44′37″ W (Datum Hill, Virginia. NAD 1983), located adjacent to (6) Potomac River, Charles County, MD, Dukeharts Channel near Coltons Point, Safety Zone. All waters of the Potomac Maryland. River within a 300 yard radius of the (13) Severn River and Spa Creek, An- fireworks barge in approximate position 38°20′36″ N, 077°14′09″ W (Datum napolis, MD, Safety Zone. All waters of NAD 1983), approximately 1400 yards the Severn River and Spa Creek within north of the shoreline at Fairview an area bounded by a line drawn from ° ′ ″ ° ′ ″ Beach, Virginia. 38 58 39.6 N, 076 28 49 W; thence to ° ′ ″ ° ′ ″ (7) Baltimore Inner Harbor, Patapsco 38 58 41 N, 076 28 14 W; thence to ° ′ ″ ° ′ ″ River, MD, Safety Zone. All waters of 38 59 01 N, 076 28 37 W; thence to ° ′ ″ ° ′ ″ the Patapsco River within a 150 yard 38 58 57 N, 076 28 40 W (Datum NAD radius of the fireworks barge in approx- 1983), located near the entrance to Spa imate position 39°16′55″ N, 076°36′17″ W Creek in Annapolis, Maryland. (Datum NAD 1983), located at the en- (14) Miles River, St. Michaels, MD, trance to Baltimore Inner Harbor, ap- Safety Zone. All waters of the Miles proximately 150 yards southwest of pier River within a 200 yard radius of the 6. fireworks barge in approximate posi- (8) Northwest Harbor (Western Section) tion 38°47′42″ N, 076°12′23″ W (Datum Patapsco River, MD, Safety Zone. All wa- NAD 1983), located near the waterfront ters of the Patapsco River within a 250 of St. Michaels, Maryland. yard radius of the fireworks barge in (15) Susquehanna River, Havre de approximate position 39°16′37″ N, Grace, MD, Safety Zone. All waters of 076°35′54″ W (Datum NAD 1983), located the Susquehanna River within a 150 near the western end of Northwest Har- yard radius of the fireworks barge in bor. approximate position 39°32′42″ N, (9) Northwest Harbor (East Channel), 076°04′30″ W (Datum NAD 1983), approxi- Patapsco River, MD, Safety Zone. All wa- mately 800 yards east of the waterfront ters of the Patapsco River within a 300 at Havre de Grace, MD. yard radius of the fireworks barge in (16) Chesapeake Bay, Chesapeake approximate position 39°15′55″ N, Beach, MD, Safety Zone. All waters of 076°34′35″ W (Datum NAD 1983), located the Chesapeake Bay within a 150 yard adjacent to the East Channel of North- radius of the fireworks barge in approx- west Harbor. imate position 38°41′33″ N, 076°31′48″ W

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(Datum NAD 1983), located near Chesa- lantic Ocean within a 360 yard radius of peake Beach, Maryland. the fireworks barge in approximate po- (17) Tred Avon River, Oxford, MD, sition 38°43′01.2″ N, 075°04′21″ W (Datum Safety Zone. All waters of the Tred NAD 1983), approximately 400 yards Avon River within a 150 yard radius of east of Rehoboth Beach, DE. the fireworks barge in approximate po- (24) Indian River Bay, DE, Safety Zone. sition 38°41′48″ N, 076°10′38″ W (Datum All waters of the Indian River Bay NAD 1983), approximately 500 yards within a 360 yard radius of the fire- northwest of the waterfront at Oxford, works launch location on the pier in MD. approximate position 38°36′42″ N, (18) Choptank River, Cambridge, MD, 075°08′18″ W (Datum NAD 1983), about Safety Zone. All waters of the Choptank 700 yards east of Pots Net Point, DE. River within a 300 yard radius of the (25) Little Egg Harbor, Parker Island, fireworks launch site at Great Marsh NJ, Safety Zone. All waters of Little ° ′ ″ ° ′ ″ Point, located at 38 35 06 N, 076 04 46 Egg Harbor within a 500 yard radius of W (Datum NAD 1983). the fireworks barge in approximate po- (19) Chester River, Kent Island Nar- sition 39°34′18″ N, 074°14′43″ W (Datum rows, MD, Safety Zone. All waters of the NAD 1983), approximately 100 yards Chester River, within an area bound by north of Parkers Island. a line drawn from the following points: (26) Barnegat Bay, Ocean Township, 38°58′50″ N, 076°15′00″ W; thence north to NJ, Safety Zone. All waters of Barnegat 38°59′00″ N, 076°15′00″ W; thence east to Bay within a 500 yard radius of the fire- 38°59′00″ N, 076°14′46″ W; thence south- works barge in approximate position east to 38°58′50″ N, 076°14′28″ W; thence 39°47′33″ N, 074°10′46″ W (Datum NAD southwest to 38°58′37″ N, 076°14′36″ W, 1983). thence northwest to 38°58′42″ N, 076°14′55″ W, thence to the point of ori- (27) Delaware Bay, North Cape May, gin, (Datum NAD 1983), located ap- NJ, Safety Zone. All waters of the Dela- proximately 900 yards north of Kent Is- ware Bay within a 500 yard radius of land Narrows (US–50/301) Bridge. the fireworks barge in approximate po- ° ′ ″ ° ′ ″ (20) Atlantic Ocean, Ocean City, MD, sition 38 58 00 N, 074 58 30 W (Datum Safety Zone. All waters of the Atlantic NAD 1983). Ocean in an area bound by the fol- (28) Delaware River, Essington, PA, lowing points: 38°19′39.9″ N, 075°05′03.2″ Safety Zone. All waters of the Delaware W; thence to 38°19′36.7″ N, 075°04′53.5″ W; River within a 300 yard radius of the thence to 38°19′45.6″ N, 075°04′49.3″ W; fireworks barge in approximate posi- thence to 38°19′49.1″ N, 075°05′00.5″ W; tion 39°51′18″ N, 075°18′57″ W (Datum (Datum NAD 1983), thence to point of NAD 1983), due west of Little Tinicum origin. The size of the proposed zone Island. extends approximately 300 yards off- (29) Delaware River, Philadelphia, PA, shore from the fireworks launch area Safety Zone. All waters of Delaware located at the High Water mark on the River, adjacent to Penns Landing, beach. Philadelphia, PA, bounded from shore- (21) Isle of Wight Bay, Ocean City, MD, line to shoreline, bounded on the south Safety Zone. All waters of Isle of Wight by a line running east to west from Bay within a 350 yard radius of the fire- points along the shoreline at 39°56′31.2″ works barge in approximate position N, 075°08′28.1″ W; thence to 39°56′29.1″ N, 38°22′32″ N, 075°04′30″ W (Datum NAD 075°07′56.5″ W, and bounded on the north 1983). by the Benjamin Franklin Bridge (22) Assawoman Bay, Fenwick Island— (Datum NAD 1983). Ocean City, MD, Safety Zone. All waters (30) Chesapeake Bay, Norfolk, VA, of Assawoman Bay within a 360 yard Safety Zone. All waters of the Chesa- radius of the fireworks launch location peake Bay within a 400 yard radius of on the pier at the West end of the fireworks display located in posi- Northside Park, in approximate position 36°57′21″ N, 076°15′00″ W; (Datum tion 38°25′57.6″ N, 075°03′55.8″ W (Datum NAD 1983), located near Ocean View NAD 1983). Fishing Pier. (23) Atlantic Ocean, Rehoboth Beach, (31) Broad Bay, Virginia Beach, VA, DE, Safety Zone. All waters of the At- Safety Zone. All waters of the Broad

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Bay within a 400 yard radius of the fire- in an area bound by the following works display in approximate position points: 36°50′54.8″; N, 076°18′10.7″ W; 36°52′08″ N, 076°00′46″ W (Datum NAD thence to 36°51′7.9″ N, 076°18′01″ W; 1983), located on the shoreline near the thence to 36°50′45.6″ N, 076°17′44.2″ W; Cavalier Golf and Yacht Club, Virginia thence to 36°50′29.6″ N, 076°17′23.2″ W; Beach, Virginia. thence to 36°50′7.7″ N, 076°17′32.3″ W; (32) Chickahominy River, Williamsburg, thence to 36°49′58″ N, 076°17′28.6″ W; VA, Safety Zone. All waters of the thence to 36°49′52.6″ N, 076°17′43.8″ W; Chickahominy River within a 400 yard thence to 36°50′27.2″ N, 076°17′45.3″ W radius of the fireworks display in ap- thence to the point of origin (Datum proximate position 37°14′50″ N, 076°52′17″ NAD 1983). W (Datum NAD 1983), near Barrets (40) Morehead City Harbor Channel, Point, Virginia. NC, Safety Zone. All waters of the (33) York River, Yorktown, VA, Safety Morehead City Harbor Channel that Zone. All waters of the York River fall within a 360 yard radius of latitude within a 400 yard radius of the fire- 34°43′01″ N, 076°42′59.6″ W, a position lo- works display in approximate position cated at the west end of Sugar Loaf Is- 37°14′14″ N, 076°30′02″ W (Datum NAD land, NC. 1983), located near Yorktown, Virginia. (41) Cape Fear River, Wilmington, NC, (34) James River, Newport News, VA, Safety Zone. All waters of the Cape Safety Zone. All waters of the James Fear River within an area bound by a River within a 325 yard radius of the line drawn from the following points: fireworks barge in approximate posi- 34°14′12″ N, 077°57′07.2″ W; thence to tion 36°58′30″ N, 076°26′19″ W (Datum 34°14′12″ N, 077°57′06″ W; thence to NAD 1983), located in the vicinity of 34°13′54″ N, 077°57′00″ W; thence to the Newport News Shipyard, Newport 34°13′54″ N, 077°57′06″ W; thence to the News, Virginia. point of origin (Datum NAD 1983), lo- (35) Chesapeake Bay, Virginia Beach, cated 500 yards north of Cape Fear Me- VA, Safety Zone. All waters of the morial Bridge. Chesapeake Bay 400 yard radius of the (42) Cape Fear River, Southport, NC, fireworks display in approximate posi- Safety Zone. All waters of the Cape tion 36°55′02″ N, 076°03′27″ W (Datum Fear River within a 600 yard radius of NAD 1983), located at the First Landing the fireworks barge in approximate po- State Park at Virginia Beach, Virginia. sition 33°54′40″ N, 078°01′18″ W (Datum (36) York River, West Point, VA, Safety NAD 1983), approximately 700 yards Zone. All waters of the York River near south of the waterfront at Southport, West Point, VA within a 400 yard ra- NC. dius of the fireworks display located in (43) Big Foot Slough, Ocracoke, NC, approximate position 37–31′–25″ N/076– Safety Zone. All waters of Big Foot 47′–19″ W (Datum NAD 1983). Slough within a 300 yard radius of the (37) Chincoteague Channel, Chin- fireworks launch site in approximate coteague, VA, Safety Zone. All waters of position 35°06′54″ N, 075°59′24″ W (Datum the Chincoteague Channel within a 360 NAD 1983), approximately 100 yards yard radius of the fireworks launch lo- west of the Silver Lake Entrance Chan- cation at the Chincoteague carnival nel at Orcacoke, NC. waterfront in approximate position (44) Green Creek and Smith Creek, Ori- 37°55′40.3″ N, 075°23′10.7″ W (Datum NAD ental, NC, Safety Zone. All waters of 1983), approximately 900 yards south- Green Creek and Smith Creek that fall west of Chincoteague Swing Bridge. within a 300 yard radius of the fire- (38) Atlantic Ocean, Virginia Beach, works launch site at 35°01′29.6″ N, VA, Safety Zone. All waters of the At- 076°42′10.4″ W (Datum NAD 1983), lo- lantic Ocean enclosed within a 360 yard cated near the entrance to the Neuse radius of the center located on the River in the vicinity of Oriental, NC. beach at approximate position (45) Pasquotank River, Elizabeth City, 36°51′34.8″ N, 075°58′30″ W (Datum NAD NC, Safety Zone. All waters of the 1983). Pasquotank River within a 300 yard ra- (39) Elizabeth River, Southern Branch, dius of the fireworks launch site in ap- Norfolk, VA, Safety Zone. All waters of proximate position 36°18′00″ N, 076°13′00″ the Elizabeth River Southern Branch W (Datum NAD 1983), approximately

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200 yards south of the east end of the among the affected segments of the Elizabeth City Bascule Bridges. public. Publication in the local notice (46) Currituck Sound, Corolla, NC, Safe- to mariners, marine information broad- ty Zone. All waters of the Croatan casts, and facsimile broadcasts may be Sound within a 300 yard radius of the made for these events, beginning 24 to fireworks barge in approximate posi- 48 hours before the event is scheduled tion 36°22′48″ N, 075°51′15″ W (Datum to begin, to notify the public. NAD 1983). (c) Enforcement period. The safety (47) Middle Sound, Figure Eight Island, zones in paragraph (a) of this section NC, Safety Zone. All waters of the Fig- will be enforced from 5:30 p.m. to 1 a.m. ure Eight Island Causeway Channel each day a barge with a ‘‘FIRE- from latitude 34°16′32″ N, 077°45′32″ W, WORKS—DANGER—STAY AWAY’’ thence east along the marsh to a posi- sign on the port and starboard side is tion located at 34°16′19″ N, 077°44′55″ W, on-scene or a ‘‘FIREWORKS—DAN- thence south to the causeway at posi- GER—STAY AWAY’’ sign is posted on tion 34°16′16″ N, 077°44′58″ W, thence land, in a location listed in paragraph west along the shoreline to position (a) of this section. Vessels may not 34°16′29″ N, 077°45′34″ W, (Datum NAD enter, remain in, or transit through 1983), thence back to the point of ori- the safety zones during these enforce- gin. ment periods unless authorized by the (48) Pamlico River, Washington, NC, Captain of the Port or designated Coast Safety Zone. All waters of the Pamlico Guard patrol personnel on scene. River that fall within a 300 yard radius (d) Regulations. (1) The general regu- of the fireworks launch site at 35°32′19″ lations contained in 33 CFR 165.23 N, 077°03′20.5″ W (Datum NAD 1983), lo- apply. cated 500 yards north of Washington (2) All persons and vessels shall com- railroad trestle bridge. ply with the instructions of the Coast (49) Neuse River, New Bern, NC, Safety Guard Captain of the Port or the des- Zone. All waters of the Neuse River ignated on-scene-patrol personnel. within a 360 yard radius of the fire- Those personnel are compromised of works barge in approximate position commissioned, warrant, and petty offi- 35°06′07.1″ N, 077°01′35.8″ W (Datum NAD cers of the Coast Guard. Other Federal, 1983); located 420 yards north of the State and local agencies may assist New Bern, Twin Span, high rise bridge. these personnel in the enforcement of (b) Notification. (1) Fireworks barges the safety zone. Upon being hailed by and launch sites on land in paragraph the U.S. Coast Guard vessel by siren, (a) of this section will have a sign on radio, flashing light or other means, the port and starboard side of the barge the operator of a vessel shall proceed or mounted on a post 3 foot above as directed. ground level when on land and facing (e) Definitions. the water labeled ‘‘FIREWORKS— Captain of the Port means any Coast DANGER—STAY AWAY’’. This will Guard commissioned, warrant or petty provide on scene notice that the safety officer who has been authorized by the zone will be enforced on that day. This Captain of the Port to act on his or her notice will consist of a diamond shaped behalf. sign 4 foot by 4 foot with a 3-inch or- State or local law enforcement officers ange retro reflective border. The word mean any State or local government ‘‘DANGER’’ shall be 10 inch black law enforcement officer who has the block letters centered on the sign with authority to enforce State criminal the words ‘‘FIREWORKS’’ and ‘‘STAY laws. AWAY’’ in 6 inch black block letters [CGD05–06–091, 72 FR 9439, Mar. 2, 2007] placed above and below the word ‘‘DANGER’’ respectively on a white § 165.507 Security Zone; Chesapeake background. Bay, between Sandy Point and Kent (2) Coast Guard Captains of the Port Island, MD. in the Fifth Coast Guard District will (a) Definitions. The Captain of the notify the public of the enforcement of Port, Baltimore, Maryland means the these safety zones by all appropriate Commander, Coast Guard Sector Balti- means to effect the widest publicity more, Maryland or any Coast Guard

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

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(e) Enforcement period. This section speed necessary to maintain a safe will be enforced from 12:01 a.m. to 11:59 course while within the zone. p.m. local time annually on July 4. (d) Enforcement. The U.S. Coast [CGD05–06–105, 72 FR 15836, Apr. 3, 2007] Guard may be assisted in the patrol and enforcement of the zone by Fed- § 165.509 Security Zone; Severn River eral, State, and local agencies. and College Creek, Annapolis, MD. (e) Enforcement period. This section (a) Definitions. For purposes of this will be enforced annually on the Friday section, the Captain of the Port, Balti- before the Memorial Day holiday in more, Maryland means the Commander, May from 7:30 a.m. to 2 p.m. local time. Coast Guard Sector Baltimore, Mary- [CGD05–06–112, 72 FR 24188, May 2, 2007] land or any Coast Guard commissioned, warrant, or petty officer who has been § 165.510 Delaware Bay and River, authorized by the Captain of the Port, Salem River, Christina River and Baltimore, Maryland to act on his or Schuylkill River-Regulated Naviga- her behalf. tion Area. (b) Location. The following area is a (a) Regulated Navigation Area. The fol- security zone: All waters of the Severn lowing is a Regulated Navigation Area: River, from shoreline to shoreline, The navigable waters of Delaware Bay bounded by a line drawn from Horse- and River, Salem River, Christina ° ′ ″ ° ′ ″ shoe Point, at 38 59 47.6 N, 076 29 33.2 River, and Schuylkill River, in an area W; eastward across the Severn river to bounded on the south by a line drawn ° ′ ″ a point located at 39 00 01.5 N, across the entrance to the Delaware ° ′ ″ 076 29 08.5 W; and a line drawn from Bay between Cape May Light and Har- ° ′ ″ Biemans Point, at 38 59 14.4 N, bor of Refuge Light and then con- ° ′ ″ 076 28 30.1 W; westward across the Sev- tinuing to the northernmost extremity ° ′ ″ ern River to a point 38 59 03.5 N, of Cape Henlopen, and bounded on the ° ′ ″ 076 28 50.0 W, located on the Naval north by a line drawn across the Dela- Academy waterfront. This security ware River between Trenton, NJ and zone includes the waters of College Morrisville, PA along the southern side Creek eastward of the King George of the U.S. Route 1 Bridge. Street Bridge (NAD 1983). (b) Definitions. As used in this sec- (c) Regulations. (1) The general regu- tion: lations governing security zones found in § 165.33 apply to the security zone de- COTP means the Captain of the Port, scribed in paragraph (b) of this section. Delaware Bay and any Coast Guard (2) Entry into or remaining in this commissioned, warrant or petty officer zone is prohibited unless authorized by who has been authorized by the COTP the Coast Guard Captain of the Port, to act on his or her behalf. Baltimore, Maryland. Dangerous Cargo means those cargoes (3) Persons or vessels requiring entry listed in § 160.203 of this chapter when into or passage through the security carried in bulk, but does not include zone must first request authorization cargoes listed in Table 1 of 46 CFR part from the Captain of the Port, Balti- 153. more to seek permission to transit the Underway means that a vessel is not area. The Captain of the Port, Balti- at anchor, made fast to the shore, or more, Maryland can be contacted at aground. telephone number (410) 576–2693. The (c) Applicability. This section applies Coast Guard vessels enforcing this sec- to any vessel operating within the Reg- tion can be contacted on Marine Band ulated Navigation Area, including a Radio VHF channel 16 (156.8 MHz). naval or public vessel, except a vessel Upon being hailed by a U.S. Coast engaged in: Guard vessel by siren, radio, flashing (1) Law enforcement; light, or other means, the operator of a (2) Servicing aids to navigation; or vessel shall proceed as directed. If per- (3) Surveying, maintaining, or im- mission is granted, all persons and ves- proving waters within the Regulated sels must comply with the instructions Navigation Area. of the Captain of the Port, Baltimore, (d) Draft limitation. Unless otherwise Maryland and proceed at the minimum authorized by the COTP, no vessel with

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a draft greater than 55 feet may enter the main engines are ready to provide this regulated navigation area. full power in five minutes or less; and (ii) Sustained winds are 40 knots or NOTE: The project depth in many areas of the Regulated Navigation Area is less than over, ensure that the main engines are 55 feet. on line to immediately provide propulsion; (e) Oil transfer operations. Unless oth- (7) While moored within the regu- erwise authorized by the COTP, no ves- lated navigation area, ensure that at sel to vessel oil transfer operations, ex- least two wire cable mooring lines cluding bunkering, may be conducted (firewarps) are rigged and ready for use within the area between the southern as emergency towing hookups fore and boundary of this regulated navigation aft on the outboard side of the vessel; area and the southern span of the Dela- (8) While underway or anchored with- ware Memorial Bridge except within in the regulated navigation area, en- the anchorage ground designated in sure that at least two wire cable moor- 110.157(a)(1) of this chapter. ing lines (firewarps) are rigged and (f) Requirements for vessels carrying ready for use as emergency towing dangerous cargoes. The master, owner, hookups fore and aft on the vessel; and, or operator of a vessel carrying a dan- (9) Proceed as directed by the COTP. gerous cargo shall: (g) Requirements for vessels operating (1) Notify the COTP at least 72 hours in the vicinity of a vessel carrying dan- before the vessel enters or departs the gerous cargoes. (1) Except for a vessel regulated navigation area and at least that is attending a vessel carrying dan- 12 hours before the vessel moves within gerous cargo with permission from the the regulated navigation area. The no- master of the vessel carrying dan- tice must include a report of the ves- gerous cargo or a vessel that is an- sel’s propulsion and machinery status chored or moored at a marina, wharf, and, for foreign flag vessels, the notice or pier, and which remains moored or must include any outstanding defi- at anchor, no vessel may, without the ciencies identified by the vessel’s flag permission of the COTP: state or classification society; (i) Come or remain within 500 yards (2) Not enter, get or remain under- of the port or starboard side or within way within the regulated navigation 1,000 yards of the bow or stern of an un- area if visibility is or is expected to be derway vessel that is carrying dan- less than two (2) miles. If during the gerous cargo; or transit visibility becomes less than two (ii) Come or remain within 100 yards (2) miles, the vessel must seek safe an- of a moored or anchored vessel car- chorage and notify the COTP imme- rying dangerous cargo. diately; (2) The master, owner, or operator of (3) Not anchor in any area within the any vessel receiving permission under regulated navigation area unless in paragraph (g)(1) of this section shall: times of emergency or with COTP per- (i) Maintain a continuous radio guard mission; on VHF-FM channels 13 and 16; (4) Not transfer dangerous cargo (ii) Operate at ‘‘no wake’’ speed or while the vessel is at anchor or bun- the minimum speed needed to maintain kering; steerage; and (5) Maintain a manned watch in the (iii) Proceed as directed by the steering compartment whenever the COTP. vessel is underway within the regu- (3) No vessel may overtake a vessel lated navigation area unless the vessel carrying dangerous cargoes unless the has two separate and independent overtaking can be completed before steering control systems with dupli- reaching any bend in the channel. Be- cate pilothouse steering gear control fore any overtaking, the pilots, mas- systems which meet the requirements ters or operators of both the over- of 46 CFR 58.25–70; taking vessel and the vessel being over- (6) When anchored within the regu- taken must clearly agree on the cir- lated navigation area and: cumstances of the overtaking, includ- (i) Sustained winds are greater than ing vessel speeds, time and location of 25 knots but less than 40 knots, ensure overtaking.

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(h) Additional restrictions above the tionary vessel must stay moored or an- C&D Canal. When operating on the chored while it remains within 100 Delaware River above the C&D Canal: yards of the passenger vessel unless it (1) A vessel carrying dangerous cargo is either ordered by or given permis- must be escorted by at least one com- sion by the Captain of the Port, Dela- mercial tug; and ware Bay or designated representative (2) Meeting situations shall be avoid- to do otherwise. ed on river bends to the maximum ex- (6) The Coast Guard designated rep- tent possible. resentative enforcing this section can (i) The COTP will issue a Broadcast be contacted on VHF Marine Band Notice to Mariners to inform the ma- Radio, channels 13 and 16. The Captain rine community of scheduled vessel of the Port can be contacted at (215) movements during which the restric- 271–4807. tions imposed by paragraphs (g) and (h) (c) Maneuver-restricted vessels. When of this section will be in effect. conditions permit, the Captain of the [CGD 05–96–010, 62 FR 40275, July 28, 1997, as Port or designated representative amended by USCG–2000–7223, 65 FR 40058, should: June 29, 2000] (1) Permit vessels constrained by their navigational draft or restricted in § 165.511 Security Zone; Atlantic their ability to maneuver to pass with- Ocean, Chesapeake & Delaware in the 100 yards of the passenger vessel Canal, Delaware Bay, Delaware in order to ensure safe passage in ac- River and its tributaries. cordance with the Navigation Rules as (a) Location. A 500-yard radius around seen in 33 CFR chapter I, subchapters D escorted passenger vessels in the Cap- and E; and tain of the Port, Delaware Bay zone as (2) Permit vessels constrained by defined in 33 CFR 3.25–05. their navigational draft or restricted in (b) Regulations. (1) All persons are re- their ability to maneuver that must quired to comply with the general reg- transit via a navigable channel or wa- ulations governing security zones in terway to pass within 100 yards of an § 165.33 of this part. anchored passenger vessel. (2) All persons or vessels operating at (d) Definitions. As used in this sec- the minimum safe speed necessary to tion— maintain navigation may transit with- Captain of the Port means the Com- in 500 yards of an escorted passenger manding Officer of the Coast Guard vessel without the permission of the Sector Delaware Bay or any Coast Captain of the Port Delaware Bay, PA Guard commissioned, warrant, or petty or designated representative while the officer who has been authorized by the escorted passenger vessel is in the Cap- Captain of the Port to act as a des- tain of the Port Delaware Bay zone. ignated representative on his behalf. (3) No person or vessel may transit or Escort means assets (surface or air) remain within 100 yards of an escorted with the Coast Guard insignia that ac- passenger vessel without the permis- company and protect the escorted ves- sion of the Captain of the Port Dela- sel, armed with crew-served weapons ware Bay or designated representative that are manned and ready. while the passenger vessel is in the Passenger vessels means vessels great- Captain of the Port Philadelphia zone. er than 100 feet in length, over 100 gross (4) Any person or vessel authorized to tons that are authorized to carry 500 or enter the security zone must operate in more passengers, making voyages last- strict conformance with any directions ing more than 24 hours, except for fer- given by the Captain of the Port Dela- ries. ware Bay or designated representative and leave the security zone imme- [CGD05–04–047, 69 FR 56697, Sept. 22, 2004] diately if the Captain of the Port Dela- ware Bay or designated representative § 165.512 Safety Zone; Patapsco River, so orders. Northwest and Inner Harbors, Bal- (5) When an escorted passenger vessel timore, MD. approaches within 100 yards of any ves- (a) Definitions. For the purposes of sel that is moored or anchored, the sta- this section:

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(1) Captain of the Port, Baltimore, § 165.514 Safety Zone: Atlantic Intra- Maryland means the Commander, Coast coastal Waterway and connecting Guard Sector Baltimore or any Coast waters, vicinity of Marine Corps Guard commissioned, warrant, or petty Base Camp Lejeune, North Caro- officer who has been authorized by the lina. Captain of the Port, Baltimore, Mary- (a) Location. The following area is a land to act on his or her behalf. safety zone: All waters of the Atlantic (2) USS CONSTELLATION ‘‘turn- Intracoastal Waterway (AICW) and around’’ participants means the USS connecting waters, from Bogue CONSTELLATION, its support craft Sound—New River Daybeacon 58 and the accompanying towing vessels. (LLNR 39210) at approximate position (b) Location. The following area is a 34°37′57″ North, 077°12′18″ West, and con- moving safety zone: All waters, from tinuing in the AICW southwest to surface to bottom, within 200 yards Bogue Sound—New River Daybeacon 70 ahead of or 100 yards outboard or aft of (LLNR 39290) at approximate position the historic sloop-of-war USS CON- 34°33′07″ North, 077°20′30″ West. All co- STELLATION, while operating in the ordinates reference Datum: NAD 1983. Inner Harbor, the Northwest Harbor (b) Regulations. Notwithstanding the and the Patapsco River. provisions of 33 CFR 334.440(e)(2)(i), no (c) Regulations. (1) The general regu- vessel may enter the safety zone de- lations governing safety zones, found scribed in paragraph (a) of this section in § 165.23, apply to the safety zone de- while weapons firing exercises are in scribed in paragraph (b) of this section. progress, except as provided in para- (2) With the exception of USS CON- graph (c) of this section or unless per- STELLATION ‘‘turn-around’’ partici- mitted by the Captain of the Port pants, entry into or remaining in this (COTP) Wilmington. zone is prohibited, unless authorized by (1) Red warning flags or red warning the Captain of the Port, Baltimore, lights will be displayed on towers lo- Maryland. cated at both ends of the safety zone (3) Persons or vessels requiring entry (Bear Creek and Cedar Point) while fir- into or passage through the moving ing exercises are in progress. The flags safety zone must first request author- or lights will be displayed by 8 a.m. on ization from the Captain of the Port, days where firing exercises are sched- Baltimore, Maryland to seek permis- uled, and will be removed at the end of sion to transit the area. The Captain of the firing exercise. the Port, Baltimore, Maryland can be (2) A Coast Guard or U.S. Navy vessel contacted at telephone number (410) will patrol each end of the safety zone 576–2693. The Coast Guard vessels en- to ensure the public is aware that fir- forcing this section can be contacted ing exercises are in progress and that on Marine Band Radio VHF Channel 16 the firing area is clear of vessel traffic (156.8 MHz). Upon being hailed by a before weapons are fired. U.S. Coast Guard vessel by siren, radio, (c) General information—(1) Announce- flashing light, or other means, the per- ments. The COTP Wilmington will an- son or vessel shall proceed as directed. nounce the specific times and locations If permission is granted, all persons or of firing exercises by Broadcast Notice vessels must comply with the instruc- to Mariners and Local Notice to Mari- tions of the Captain of the Port, Balti- ners. Normally, weapons firing for each more, Maryland, and proceed at the firing exercise is limited to a two nau- minimum speed necessary to maintain tical mile portion of the safety zone. a safe course while within the zone. The COTP may issue general permis- (d) Enforcement. The U.S. Coast sion to transit all or specified parts of Guard may be assisted in the patrol the safety zone outside of the actual and enforcement of the zone by Fed- firing area or if firing is temporarily eral, State and local agencies. stopped. This general permission will (e) Enforcement period. This section be announced in a Local Notice to will be enforced from 2 p.m. through 7 Mariners and Broadcast Notice to p.m. local time, annually, on the Fri- Mariners. day following Labor Day. (2) Camp Lejeune artillery operations. [CGD05–07–010, 72 FR 34624, June 25, 2007] Artillery weapons firing over the AICW

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from Marine Corps Base Camp Lejeune Cape Fear River to Eagle Island, and will be suspended and vessels permitted then up along the west bank of the to transit the specified 2-nautical-mile Cape Fear River to the stern of the firing area for a 1-hour period begin- Battleship USS NORTH CAROLINA. ning at the start of each odd-numbered (b) Definitions. The designated rep- hour local time (e.g., 9 a.m.; 1 p.m.). A resentative of the Captain of the Port is vessel may not enter the specified fir- any Coast Guard commissioned, war- ing area unless it will be able to com- rant, or petty officer who has been au- plete its transit of the firing area be- thorized by the Captain of the Port, fore firing exercises are scheduled to Wilmington, North Carolina to act on re-start. his behalf. (3) Atlantic Ocean naval gunnery live (c) General information. The Captain fire operations. Naval gunnery live fire of the Port and the Duty Officer at the operations over the AICW from off Marine Safety Unit, Wilmington, North shore on the Atlantic Ocean may be Carolina, can be contacted at telephone conducted for periods not to exceed 4 number 1–800–325–4956. The Coast Guard hours, then suspended and vessels per- Patrol Commander and the senior mitted to transmit the specified two- boarding officer on each vessel enforc- mile firing area for a minimum of one ing the safety zone can be contacted on hour before firing may resume. A ves- VHF-FM channels 16 and 81. sel may not enter the specified firing (d) Regulation. Except for persons or area unless it will be able to complete vessels authorized by the Coast Guard its transit of the firing area before fir- Patrol Commander, no person or vessel ing exercises are scheduled to re-start. may enter or remain in the regulated (d) Contact information. U.S. Navy area. safety vessels may be contacted on (1) The operator of any vessel in the VHF marine band radio channels 13 immediate vicinity of this safety zone (156.65 MHz) and 16 (156.8 MHz). The shall: Captain of the Port may be contacted (i) Stop the vessel immediately upon at the Marine Safety Unit Wilmington, being directed to do so by any commis- NC by telephone at 1 (877) 229–0770 or sioned, warrant, or petty officer on (910) 770–2200. board a vessel displaying a Coast Guard [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as Ensign. amended by USCG–2000–7223, 65 FR 40058, (ii) Proceed as directed by any com- June 29, 2000; CGD05–03–167, 69 FR 41946, July missioned, warrant, or petty officer on 13, 2004] board a vessel displaying a Coast Guard § 165.515 Safety Zone: Cape Fear Ensign. River, Wilmington, North Carolina. (2) Any spectator vessel may anchor (a) Location. The following area is a outside of the regulated area specified safety zone: in paragraph (a) of the section, but (1) The waters of the Cape Fear River may not block a navigable channel. bounded by a line connecting the fol- (e) Effective date. The Captain of the lowing points: Port will issue a Marine Safety Infor- mation Broadcast and a Notice to Latitude Longitude Mariners to notify the public when this section is in effect. 34°14′12″ N 77°57′10″ W ° ′ ″ ° ′ ″ 34 14 12 N 77 57 06 W [59 FR 33200, June 28, 1994, as amended by 34°13′54″ N 77°57′00″ W 34°13′54″ N 77°57′06″ W USCG–2000–7223, 65 FR 40059, June 29, 2000]

(2) The safety zone boundary can be § 165.518 Security Zone; Waters of the described as follows: starting at the Fifth Coast Guard District. stern of the Battleship USS NORTH (a) Definitions. As used in this sec- CAROLINA, across the Cape Fear River tion— to the north end of the Coast Guard Designated Representative means any moorings, down along the east bank of U.S. Coast Guard commissioned, war- the Cape Fear River to the bow of the rant or petty officer who has been au- tug CAPTAIN JOHN TAXIS Memorial thorized by the District Commander or (Chandler’s Wharf), back across the local Captain of the Port (COTP), as

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defined in 33 CFR part 3, subpart 3.25, have been activated by providing no- to act on his or her behalf. tice in accordance with 33 CFR 165.7. Escorted vessel means a vessel, other (6) When moored, a security zone than a U.S. naval vessel as defined in around an escorted vessel may also be § 165.2015, that is accompanied by one enforced by Coast Guard, State or or more Coast Guard assets or Federal, Local law enforcement personnel State or local law enforcement agency shoreside. assets as listed below: (7) Persons desiring to transit within (1) Coast Guard surface or air asset 100 yards of an escorted vessel in the displaying the Coast Guard insignia. Fifth Coast Guard District must con- (2) Coast Guard Auxiliary surface tact the local Captain of the Port on asset displaying the Coast Guard Aux- VHF channel 16 (156.800 MHz), VHF iliary insignia. channel 13 (156.650 MHz) or at telephone (3) State and/or local law enforce- numbers: ment asset displaying the applicable agency markings and or equipment as- Philadelphia: (215) 271–4807 sociated with the agency. Baltimore: (410) 576–2693 State and/or local law enforcement offi- Hampton Roads: (757) 668–5555 or (757) 484– cers means any State or local govern- 8192 ment law enforcement officer who has Wilmington: (910) 772–2200 or (910) 254–1500 authority to enforce State criminal (8) If permission is granted to transit laws. within 100 yards of an escorted vessel, (b) Location. The following area is a all persons and vessels must comply security zone: 500-yard radius around with the instructions of the District escorted vessels in the navigable wa- Commander, Captain of the Port or ters of the Fifth Coast Guard District their designated representative. as defined in 33 CFR 3.25–1, from surface to bottom. [CGD05–04–171, 70 FR 11551, Mar. 9, 2005] (c) Regulations. (1) No vessel may approach within 500 yards of an escorted § 165.530 Safety Zone: Cape Fear and vessel within the navigable waters of Northeast Cape Fear Rivers, NC. the Fifth Coast Guard District, unless (a) Location. The following area is a traveling at the minimum speed nec- moving safety zone during the specified essary to navigate safely. conditions: The waters of the Cape (2) No vessel may enter within a 100- Fear and Northeast Cape Fear Rivers yard radius of an escorted vessel within for 500 yards ahead and astern, and 75 the navigable waters of the Fifth Coast yards abeam of a vessel carrying haz- Guard District, without approval from ardous materials when designated by the District Commander, Captain of the Captain of the Port Wilmington, the Port or their designated represent- North Carolina. atives. (b) General Information. (1) The Cap- (3) Moored or anchored vessels, which tain of the Port and the Duty Officer at are overtaken by a moving zone, must the Marine Safety Unit, Wilmington, remain stationary at their location North Carolina, can be contacted at until the escorted vessel maneuvers at telephone number 1–800–325–4956. The least 500 yards past. Coast Guard Patrol Commander enforc- (4) Vessels restricted in their ability ing the safety zone can be contacted on to maneuver may request permission of VHF-FM channels 16 and 81. the District Commander, Captain of (2) The Captain of the Port may au- the Port or designated representative thorize and designate any Coast Guard to enter the security zone in order to ensure safe passage in accordance with commissioned, warrant, or petty offi- the Navigation Rules in 33 CFR chapter cer to act on his behalf in enforcing I, subparts D and E. this safety zone. (5) The local COTP may notify the (3) The Marine Safety Unit Wil- maritime and general public by marine mington will notify the maritime com- information broadcast of the periods munity of periods during which this during which individual security zones

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

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

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2,680 feet upstream of intersection of the COTP 12 hours before vessel move- Upper Big Island Channel and Lower ment within the RNA. Brunswick Channel (mile 18.7, approxi- (5) Vessels meeting the notice of ar- mately 1,620 feet upstream of Cape rival requirements under 33 CFR 160.207 Fear River Channel Lighted Buoy 56 are encouraged to notify the COTP at (LL 30830) and approximately 590 feet least 48-hours before the vessel enters downstream of the CP&L overhead the RNA to facilitate scheduling and power line crossing). Upstream end of minimize delays. Updates are encour- Anchorage Basin work area is the Cape aged at least 12 hours before arriving Fear Memorial Bridge (mile 23.6). at the RNA boundaries. The COTP may (5) Northeast Cape Fear River. The delay entry into the RNA to accommo- downstream end of the work area is the date other commercial traffic. Cape Fear Memorial Bridge (mile 23.6). (6) Vessels of 300 gross tons or greater Upstream end of the work area (ap- shall be prohibited from entering the proximately mile 26.7) is on the North- RNA when they are advised that a mis- east Cape Fear River and is approxi- fire or hangfire has occurred. (7) For any vessel with another ves- mately 700 feet upstream of the turning sel/barge in tow transiting an active basin located opposite Koch Sulfur work area, the hawser or wire length of Products Co. and approximately 90 feet the tow shall not exceed 275 feet, meas- downstream of the submerged gas pipe- ured from the towing bit on the tug to line crossing. the point where the hawser or wire (f) Regulations. (1) Blasting, drilling, connects with the towed vessel or and dredging operations raise many barge. safety issues for vessels transiting the (8) Vessels of 300 gross tons or greater RNA. All mariners are reminded to ex- and tugs with tows, shall, prior to en- ercise caution while transiting or oper- tering the RNA, ensure that they have ating in the RNA. sufficient propulsion and directional (2) Active work areas, control ves- control to safely navigate the RNA sels, and blast sites will be identified under the prevailing conditions. via Broadcast Notices to Mariners or (9) Vessels of 300 gross tons or greater Local Notices to Mariners. The Local and tugs with tows are prohibited from Notice to Mariners is available on-line meeting or overtaking vessels of 300 at www.navcen.uscg.gov/lnm/d5/. Control gross tons or greater or tugs with tows vessels shall monitor channel 16 VHF- in active work areas or within one nau- FM. tical mile of an active work area. (3) The following requirements apply (10) The Captain of the Port, Wil- to all vessels. mington may, upon written request, (i) All vessels shall inform them- authorize a deviation from any regula- selves of the active work areas prior to tion in this section if it is found that entering the RNA. the proposed operations can be done (ii) All vessels shall contact and re- safely. An application for deviation ceive permission from the control ves- must be received not less than 48 hours sel for that work area before entering before intended operation and must the active work area. state the need and describe the pro- (iii) All vessels transiting an active posal. work area shall do so at no wake speed [CGD05–01–006, 66 FR 39099, July 27, 2001] or the minimum speed necessary to maintain steerage. § 165.552 Security Zone; Oyster Creek (iv) During blasting operations all Generation Station, Forked River, vessels are prohibited from entering an Ocean County, New Jersey. area of 500 yards surrounding the blast (a) Location. The following area is a site. Upon notification of a misfire or security zone: Starting at the south hangfire, all vessels underway in the branch of the Forked River in the vi- RNA shall proceed to clear the active cinity of the Oyster Creek Generation work area in which the misfire or Station, bounded by a line beginning at hangfire occurred. 39°49′12.0″ N, 074°12′13.0″ W; thence to (4) Vessels over 300 gross tons and 39°48′39.7″ N, 074°12′0″ W; along the tugs with tows are required to contact shoreline, thence to 39°48′40.0″ N,

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074°12′0.3″ W; thence to 39°49′11.8″ N, N, 075°32′31.7″ W. All coordinates ref- 074°12′10.5″ W; thence back along the erence Datum: NAD 1983. shoreline to the beginning point. All (b) Regulations. (1) All persons are re- coordinates reference Datum: NAD quired to comply with the general reg- 1983. ulations governing security zones in (b) Regulations. (1) All persons are re- § 165.33 of this part. quired to comply with the general reg- (2) No person or vessel may enter or ulations governing security zones in navigate within this security zone un- § 165.33 of this part. less authorized to do so by the Coast (2) No person or vessel may enter or Guard or designated representative. navigate within this security zone un- Any person or vessel authorized to less authorized to do so by the Coast enter the security zones must operate Guard or designated representative. in strict conformance with any direc- Any person or vessel authorized to tions given by the Coast Guard or des- enter the security zones must operate ignated representative and leave the in strict conformance with any directions given by the Coast Guard or des- security zone immediately if the Coast ignated representative and leave the Guard or designated representative so security zone immediately if the Coast orders. Guard or designated representative so (3) The Coast Guard or designated orders. representative enforcing this section (3) The Coast Guard or designated can be contacted on VHF Marine Band representative enforcing this section Radio, channels 13 and 16. The Captain can be contacted on VHF Marine Band of the Port can be contacted at (215) Radio, channels 13 and 16. The Captain 271–4807. 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 (4) The Captain of the Port will no- status of this security zone by Marine tify the public of any changes in the Safety Radio Broadcast on VHF-FM status of this security zone by Marine marine band radio, channel 22 (157.1 Safety Radio Broadcast on VHF-FM MHZ). marine band radio, channel 22 (157.1 (c) Definitions. For the purposes of MHZ). this section, Captain of the Port means (c) Definitions. For the purposes of the Commanding Officer of the Coast this section, Captain of the Port means Guard Sector Delaware Bay, or any the Commanding Officer of the Coast Coast Guard commissioned, warrant, or Guard Sector Delaware Bay, or any petty officer who has been authorized Coast Guard commissioned, warrant, or by the Captain of the Port to act as a petty officer who has been authorized designated representative on his be- by the Captain of the Port to act as a half. designated representative on his behalf. [CGD05–03–113, 69 FR 5279, Feb. 4, 2004]

[CGD05–03–111, 69 FR 5284, Feb. 4, 2004] § 165.554 Security Zone; Three Mile Is- land Generating Station, Susque- § 165.553 Security Zone; Salem and hanna River, Dauphin County, Hope Creek Generation Stations, Pennsylvania. Delaware River, Salem County, New Jersey. (a) Location. The following area is a (a) Location. The following area is a security zone: the waters of the Sus- security zone: the waters of the Dela- quehanna River in the vicinity of the ware River in the vicinity of the Salem Three Mile Island Generating Station and Hope Creek Generation Stations 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.

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(b) Regulations. (1) All persons are re- (d) Regulations. (1) All persons are required to comply with the general reg- quired to comply with the general regulations governing security zones in ulations governing safety zones in 33 § 165.33 of this part. CFR 165.23 of this part. (2) No person or vessel may enter or (2) All Coast Guard vessels enforcing navigate within this security zone un- this safety zone or watch officers less authorized to do so by the Coast aboard the Dredge and Barge can be Guard or designated representative. contacted on VHF marine band radio, Any person or vessel authorized to channel 16. The Captain of the Port enter the security zone must operate in may be contacted by telephone at (215) strict conformance with any directions 271–4807 or via VHF marine band radio, given by the Coast Guard or designated channel 16. representative and leave the security zone immediately if the Coast Guard or [CGD05–04–035, 70 FR 40887, July 15, 2005] designated representative so orders. SEVENTH COAST GUARD DISTRICT (3) The Coast Guard or designated representative enforcing this section § 165.701 Vicinity, Kennedy Space Cen- can be contacted on VHF Marine Band ter, Merritt Island, Florida—secu- Radio, channels 13 and 16. The Captain rity zone. of the Port can be contacted at (215) (a) The water, land, and land and 271–4807. The Security Manager at water within the following boundaries Three Mile Island can be contacted at are a security zone—The perimeter of (717) 948–8208 or (717) 948–8039. the Cape Canaveral Barge Canal and (4) The Captain of the Port will no- the Banana River at 28°24′33″ N., tify the public of any changes in the 80°39′48″ W.; then due west along the status of this security zone by Marine northern shoreline of the barge canal Safety Radio Broadcast on VHF-FM for 1,300 yards; then due north to marine band radio, channel 22 (157.1 28°28′42″ N., 80°40′30″ W., on Merritt Is- MHZ). land. From this position, the line pro- (c) Definitions. For the purposes of ceeds irregularly to the eastern shore- this section, Captain of the Port means line of the Indian River to a position the Commanding Officer of the Coast 1,300 yards south of the NASA Cause- Guard Sector Delaware Bay, Coast way at 28°30′54″ N., 80°43′42″ W. (the line Guard commissioned, warrant, or petty from the barge canal to the eastern officer who has been authorized by the shoreline of the Indian River is marked Captain of the Port to act as a des- by a three-strand barbed-wire fence), ignated representative on his behalf. then north along the shoreline of the [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] Indian River to the NASA Causeway at 28°31′30″ N., 80°43′48″ W. The line con- § 165.555 Safety Zone; Delaware River. tinues west on the southern shoreline (a) Definition. As used in this section, of the NASA Causeway to NASA Gate 3 Captain of the Port means the Com- (permanent), then north to the north- mander of Sector Delaware Bay or any ern shoreline of the NASA Causeway Coast Guard commissioned, warrant or and east on the northern shoreline of petty officer who has been authorized the causeway back to the shoreline on by the Captain of the Port to act on his Merritt Island at position 28°31′36″ N., behalf. The Captain of the Port may be 80°43′42″ W., then northwest along the contacted by telephone at (215) 271–4807 shoreline to 28°41′01.2″ N., 80°47′10.2″ W. or via VHF marine band radio, channel (Blackpoint); then due north to chan- 16. nel marker #6 on the Intracoastal Wa- (b) Location. The following area is a terway (ICW), then northeast along the safety zone: All waters located within a southern edge of the ICW to the west- 150-yard radius around the dredging op- ern entrance to the Haulover Canal. eration and barge, conducting dredging From this point, the line continues operations in or near the Marcus Hook northeast along the southern edge of Range in the vicinity of Anchorage 7. the Haulover Canal to the eastern en- (c) Enforcement. This safety zone will trance to the canal; then due east to a be enforced annually beginning on Sep- point in the Atlantic Ocean 3 miles off- tember 1 through December 31. shore at 28°44′42″ N., 80°37′51″ W.; then

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south along a line 3 miles from the (i) For vessels bound for R. E. Knight coast to Wreck Buoy ‘‘WR6’’, then to Pier at Hookers Point the safety zone Port Canaveral Channel Lighted Buoy includes, in addition to the area in 10, then west along the northern edge paragraph (a)(1) of this section, of the Port Canaveral Channel to the Hillsborough Cut ‘‘D’’ Channel to the northeast corner of the intersection of southern tip of Harbor Island. the Cape Canaveral Barge Canal and (ii) For vessels bound for the anhy- the ICW in the Banana River at drous ammonia receiving terminals to 28°24′36″ N., 80°38′42″ W. The line con- Port Sutton the safety zone includes, tinues north along the east side of the in addition to the area in paragraph Intracoastal Waterway to daymarker (a)(1) of this section, Port Sutton ‘35’ thence North Westerly one quarter Channel. of a mile south of NASA Causeway (2) For outbound tank vessels loaded East (Orsino Causeway) to the shore- with anhydrous ammonia the safety line on Merritt Island at position zone is established when the vessel de- ° ′ ° ′ 28 30.95 N., 80 37.6 W., then south along parts the receiving terminal and con- the shoreline to the starting point. tinues through the area described in (b) The area described in paragraph paragraph (a)(1) of this section. (a) of this section is closed to all ves- (3) The floating safety zone is dis- sels and persons, except those vessels established when the anhydrous ammo- and persons authorized by the Com- nia carrier is safely moored at the an- mander, Seventh Coast Guard District, hydrous ammonia receiving facility. or the COTP Jacksonville, Florida, whenever space vehicles are to be (b) All vessels over 5000 gross tons in- launched by the United States Govern- tending to pass anhydrous ammonia ment from Cape Canaveral. vessels moored in Port Sutton, and all (c) COTP Jacksonville, Florida, vessels intending to moor in the R. E. closes the security zone, or specific Knight facilities at Hookers Point portions of it, by means of locally pro- while an anhydrous ammonia vessel is mulgated notices. The closing of the moored in this facility, must give 30 area is signified by the display of a red minutes notice to the anhydrous am- ball from a 90-foot pole near the shore- monia vessel so it may take appro- line at approximately 28°35′00″ N., priate safety precautions. 80°34′36″ W., and from a 90-foot pole (c) The general regulations governing near the shoreline at approximately safety zones contained in § 165.23 apply. 28°25′18″ N., 80°35′00″ W. Appropriate (d) The Sector St. Petersburg will no- Local Notices to Mariners will also be tify the maritime community of peri- broadcast on 2670 KHZ. ods during which these safety zones will be in effect by providing advance [CGD 79–034, 47 FR 29660, July 8, 1982, as notice of scheduled arrivals and depar- amended by CGD 7–82–10, 48 FR 11696, Mar. 21, 1983; USCG–1998–3799, 63 FR 35532, June 30, tures of loaded anhydrous ammonia 1998] vessels via a marine broadcast Notice to Mariners. § 165.703 Tampa Bay, Florida—Safety (e) Should the actual time of entry of Zone. the anhydrous ammonia vessel into the (a) A floating safety zone is estab- safety zone vary more than one half lished consisting of an area 1000 yards hour from the scheduled time stated in fore and aft of a loaded anhydrous am- the broadcast Notice to Mariners, the monia vessel and the width of the person directing the movement of the channel in the following areas: anhydrous ammonia vessel shall obtain (1) For inbound tank vessels loaded permission from Captain of the Port with anhydrous ammonia, Tampa Bay Tampa before commencing the transit. Cut ‘‘F’’ Channel from Lighted Buoys (f) Prior to commencing the move- ‘‘3F’’ and ‘‘4F’’ north through and in- ment, the person directing the move- cluding Gadsden Point Cut Lighted ment of the anhydrous ammonia vessel Buoy ‘‘3’’ and commencing at Gadsden shall make a security broadcast to ad- Point Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ vise mariners of the intended transit. north and including Hillsborough Cut All additional security broadcasts as ‘‘C’’ Channel. recommended by the U.S. Coast Pilot 5,

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ATLANTIC COAST shall be made Point Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ through the transit. and proceeds north through (g) Vessels carrying anhydrous am- Hillsborough Cut ‘‘C’’, Port Sutton En- monia are permitted to enter and tran- trance Channel, and ends at the Port sit Tampa and Hillsborough Bay and Sutton LPG facility. approaches only with a minimum of (2) For vessels loaded with LPG and three miles visibility. bound for the LPG receiving terminal (h) The Captain of the Port Tampa in Rattlesnake the safety zone starts may waive any of the requirements of at Tampa Bay Cut ‘‘J’’ Channel from this subpart for any vessel upon finding lighted buoy ‘‘10J’’ and proceeds north that the vessel or class of vessel, oper- through Tampa Bay Cut ‘‘K’’ Channel ational conditions, or other cir- to buoy ‘‘11K.’’ When a loaded LPG ves- cumstances are such that application sel departs the marked channel at of this subpart is unnecessary or im- Tampa Bay Cut ‘‘K’’ buoy ‘‘11K’’ practical for purposes of port safety or environmental safety. enroute to Rattlesnake, Tampa, FL, (i) The owner, master, agent or per- the floating safety zone extends 500 son in charge of a vessel or barge, load- yards in all directions surrounding the ed with anhydrous ammonia shall re- loaded LPG vessel, until it arrives at port the following information to the the entrance to Rattlesnake. While the Captain of the Port, Tampa at least loaded LPG vessel is maneuvering in twenty-four hours before entering the Rattlesnake slip and until it is Tampa Bay or its approaches or depart- safely moored at the LPG facility, the ing from Tampa Bay: floating safety zone extends 150 feet (1) Name and country of registry of fore and aft of the loaded LPG vessel the vessel or barge; and the width of the slip. Moored ves- (2) The name of the port or place of sels are allowed within the parameters departure; of the 150-foot safety zone. (3) The name of the port or place of (b) The floating safety zone is dis- destination: established when the LPG carrier is (4) The estimated time that the ves- safely moored at the LPG receiving fa- sel is expected to begin its transit of cility. Tampa Bay and the time it is expected (c) For outbound tank vessels loaded to commence its transit of the safety with LPG, the safety zone is estab- zone. lished when the vessel departs the ter- (5) The cargo carried and amount. minal and continues through the area [CGD7–85–32, 51 FR 28382, Aug. 7, 1986 as described in paragraph (a) of this sec- amended by CGD07–87–07, 52 FR 31763, Aug. tion. 24, 1987; 65 FR 9221, Feb. 24, 2000] (d) All vessels over 5000 gross tons intending to pass LPG vessels moored in § 165.704 Safety Zone; Tampa Bay, Florida. Port Sutton, and all vessels intending to pass LPG vessels moored in Rattle- (a) A floating safety zone is estab- snake, must give 30 minutes notice to lished consisting of an area 1000 yards the LPG vessel so it may take appro- fore and aft of a loaded Liquefied Pe- priate safety precautions. troleum Gas (LPG) vessel and the width of the channel in the following (e) The general regulations governing areas. Any vessels desiring to enter the safety zones contained in § 165.23 apply. safety zone must obtain authorization (f) The Coast Guard Captain of the from the Captain of the Port St. Pe- Port St. Petersburg will notify the tersburg. maritime community of periods during (1) For vessels loaded with LPG and which these safety zones will be in ef- bound for the LPG receiving terminal fect by providing advance notice of in Port Sutton the safety zone starts at scheduled arrivals and departures of Tampa Bay Cut ‘‘F’’ Channel from loaded LPG vessels via a marine broad- Lighted Buoys ‘‘3F’’ and ‘‘4F’’ and pro- cast Notice to Mariners. ceeds north ending at Gadsden Point (g) Should the actual time of entry of Cut Lighted Buoys ‘‘3’’ and ‘‘4’’. The the LPG vessel into the safety zone safety zone starts again at Gadsden vary more than one half (1⁄2) hour from

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the scheduled time stated in the broad- all cargo ships loaded with military cast Notice to Mariners, the person di- equipment and transiting the Savan- recting the movement of the LPG ves- nah River. sel shall obtain permission from Cap- (b) Effective dates. This regulation be- tain of the Port St. Petersburg before comes effective at 12 p.m. 14 December commencing the transit. 1990 until terminated by the Captain of (h) Prior to commencing the move- the Port, Savannah, GA. ment, the person directing the move- (c) Regulation. In accordance with the ment of the LPG vessel shall make a general regulations in § 165.23 of this security broadcast to advise mariners part, entry into the zone is subject to of the intended transit. All additional the following requirements. security broadcasts as recommended by (1) All persons and vessels in the vi- the U.S. Coast Pilot 5, ATLANTIC cinity of the safety zone shall imme- COAST, shall be made throughout the diately obey any direction or order of transit. the Captain of the Port or a represent- (i) Vessels carrying LPG are per- ative of the Captain of the Port. mitted to enter and transit Tampa Bay (2) The ‘‘representative of the Cap- and Hillsborough Bay and approaches tain of the Port’’ is any Coast Guard only with a minimum of three miles commissioned, warrant or petty officer visibility. who has been designated by the Cap- (j) The Captain of the Port St. Pe- tain of the Port, Savannah, GA to act tersburg may waive any of the require- on his behalf. A representative of the ments of this subpart for any vessel Captain of the Port may be contacted upon finding that the vessel or class of on board any Coast Guard vessel as- vessel, operational conditions, or other signed to enforce the safety zone. circumstances are such that applica- (3) Before entering the safety zone, a tion of this subpart is unnecessary or vessel operator shall contact the Cap- impractical for purposes of port safety tain of the Port or a representative of or environmental safety. the Captain of the Port to determine (k) The owner, master, agent or per- what restrictions, if any, have been im- son in charge of a vessel or barge, load- posed on vessels in the safety zone. The ed with LPG shall report, at a min- Captain of the Port may be contacted imum, the following information to the by telephone via the Command Duty Captain of the Port St. Petersburg at Officer at (912) 944–4371. Coast Guard least twenty-four (24) hours before en- vessels assisting in the enforcement of tering Tampa Bay, its approaches, or the safety zone may be contacted on departing Tampa Bay: VHF-FM channels 13 or 16, or vessel op- (1) The name and country of registry erators may determine restrictions in of the vessel or barge; effect for the safety zone by coming (2) The name of the port or place of alongside a Coast Guard vessel patrol- departure; ling the perimeter of the safety zone. (3) The name of the port or place of destination; (4) The Captain of the Port will issue (4) The estimated time that the ves- a Marine Safety Information Broadcast sel is expected to begin its transit of Notice to Mariners to Notify the mari- Tampa Bay and the time it is expected time community of the safety zone and to commence its transit of the safety restrictions imposed. zone(s); and [Reg. 90–129, 55 FR 52272, Dec. 21, 1990] (5) The cargo carried and amount. EFFECTIVE DATE NOTE: At 55 FR 52272, Dec. [COTP Tampa 00–054, 66 FR 14489, Mar. 13, 21, 1990, § 165.T0704 was added. This is an 2001] emergency temporary rule and will remain in effect until terminated by the Captain of § 165.T0704 Safety Zone: Savannah the Port Savannah, GA. River, Savannah, Georgia. (a) Location. The following area is a § 165.705 Port Canaveral Harbor, Cape safety zone: Two hundred foot radius Canaveral, Florida. around Garden City Terminal, approxi- (a) Security Zone A—East (Trident) mate position 32 degrees 8 minutes, N, Basin, Port Canaveral Harbor, at Cape 81 degrees 9.5 minutes W, and around Canaveral Air Force Station, Brevard

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County, Florida. All waters of the East zones contained in §§ 165.23 and 165.33 Basin north of latitude 28°24′36″ N. apply. (b) Security Zone B—Middle Basin, [COTP Charleston 96–034, 61 FR 68156, Dec. 27, Port Canaveral Harbor, adjacent to the 1996] Navy wharf at Cape Canaveral Air Force Station, Brevard County, Flor- § 165.709 Security Zone; Charleston ida. The waters of Port Canaveral Har- Harbor, Cooper River, South Caro- bor within a line circumscribing the lina. water approaches to the Navy wharf (a) Regulated area. The Coast Guard is along the northeasterly edge of the establishing a fixed security zone on all Port Canaveral Harbor turning basin at waters of the Cooper River, bank-to- a distance of 200 feet from all portions bank and surface to bottom, from the of the wharf including the dolphins lo- Don Holt I–526 Bridge to the intersec- cated 200 feet off the northwest end and tion of Foster Creek at a line on 32 de- 75 feet off the southeast end of the grees 58 minutes North Latitude. wharf. (b) Enforcement period. This section (c) Entrance into these zones by ves- will be enforced when security assets sels other than vessels owned or leased are on scene and Sector Charleston has notified the maritime community that by the United States is prohibited an Enforcement Period is in effect. without permission of the Captain of Sector Charleston will notify the mari- the Port, Jacksonville, Florida. time community by broadcast notice (d) The general regulations governing to mariners on VHF Marine Band security zones contained in 33 CFR Radio, Channel 16 (156.8 MHz), or Ma- 165.33 apply. rine Safety Information Bulletins, or [CGD7 87–38, 53 FR 38718, Oct. 3, 1988; CGD7 actual notice from on scene security 87–38, 54 FR 611, Jan. 9, 1989; CGD7 89–21, 54 assets enforcing the security zone. FR 26198, June 22, 1989] (c) Regulations. During enforcement of the security zone described in para- § 165.708 Safety/Security Zone; graph (a) of this section, vessels or per- Charleston Harbor and Cooper sons are prohibited from entering, River, Charleston, SC. transiting, mooring, anchoring, or loi- (a) Regulated Area. The following tering within the security zone unless boundaries are established as a safety authorized by the Captain of the Port and security zone during specified con- Charleston, South Carolina or his or ditions: her designated representative. (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 Buoy ‘‘C’’ (LLNR rity zone. 1885, position 32–39.6N, 079–40.9W) to the (2) If permission to transit the secu- Charleston Naval Weapons Station (po- rity zone is granted, all persons and sition 32–55.4N, 079–56.0W) on the Coo- vessels must comply with the instruc- per River. All coordinates referenced tions of the Captain of the Port or his use datum: NAD 1983. or her designated representative. (2) All waters within 100 yards of the vessel described in paragraph (a)(1) of [COTP Charleston 05–037, 70 FR 43282, July 27, 2005] this section while the vessel is conducting cargo operations at the § 165.711 Safety Zone: Port Everglades, Charleston Naval Weapons Station. Fort Lauderdale, FL. (b) Captain of the Port Charleston (a) Regulated Area. A moving safety will announce the activation of the zone is established in the following safety/security zones described in para- area: graph (a) of this section by Broadcast (1) The waters around naval aircraft Notice to Mariners. The general regula- carriers entering Port Everglades in an tions governing safety and security area 700 yards forward, 500 yards astern

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and 350 yards on either side of each ves- Latitude Longitude sel, beginning at the Port Everglades Southern 32°42′32″ N 79°46′42″ W Sea Buoy in approximate position boundary. 26°05.5′ N, 80°04.8′ W and continuing Eastern 32°43′26″ N 79°45′27″ W until the vessel is safely moored in ap- boundary. proximate position 26°04.9′ N, 80°06.9′ W. Northern 32°43′56″ N 79°46′08″ W boundary. All coordinates referenced use datum: NAD 83. (NAD 83) (2) The waters around naval aircraft (b) Regulations. In accordance with carriers departing Port Everglades in the general regulations in § 165.23 of an area 700 yards forward, 500 yards this part, all vessels and persons are astern and 350 yards on either side of prohibited from anchoring, diving, lay- each vessel beginning at the Pier in ap- ing cable or conducting salvage oper- proximate position 26°04.9′N, 80°06.9′W, ations in this zone except as authorized and continuing until the stern passes by the Captain of the Port. the Port Everglades Sea Buoy, in approximate position 26°05.5′ N, 80°04.8′ W. [CGD 07–95–054, 60 FR 45047, Aug. 30, 1995] All coordinates referenced use datum: NAD 83. § 165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL. (b) Regulations. (1) No person or vessel may enter, transit, or remain in the (a) Location. The water and the land safety zone unless authorized by the within the following boundaries are es- Captain of the Port, Miami, Florida, or tablished as a safety and security zone a Coast Guard commissioned, warrant, during specified conditions: or petty officer designated by him. (1) All waters within 200 yards of (2) Vessels encountering emergencies Blount Island, Jacksonville, Florida which require transit through the mov- and all adjacent land within 100 yards ing safety zone should contact the of the island shoreline during staging Coast Guard patrol craft on VHF Chan- of Department of Defense equipment nel 16. In the event of an emergency, and during the loading/unloading of the Coast Guard patrol craft may au- military supply vessels. thorize a vessel to transit through the (2) All waters within 200 yards of safety zone with a Coast Guard des- ‘‘any’’ waterfront facility at which a ignated escort. laden military vessel is located and all land at the facility, including docks (3) All persons and vessels shall com- and piers, within 100 yards of the St. ply with the instructions of on-scene Johns River. patrol personnel. On-scene patrol personnel include commissioned, warrant, (3) All waters within 200 yards of any or petty officers of the U.S. Coast specified military supply vessel during Guard. Coast Guard Auxiliary and local its transit of the St. Johns River and or state officials may be present to in- out to three (3) nautical miles offshore. form vessel operators of this regulation (b) Regulations. (1) For public notice, and other applicable laws. the zone described in paragraph (a)(1) of this section is effective beginning 11 [COTP MIAMI 96–054, 62 FR 32201, June 13, December 1990 and will remain in force 1997] until cancelled by the Captain of the Port Jacksonville, Florida. § 165.714 Regulated Navigation Area; (2) The COTP Jacksonville may acti- Atlantic Ocean, Charleston, SC. vate, as necessary, any portion of the (a) Location. The following area is a safety/security zone described in para- Regulated Navigation Area: A trape- graphs (a)(2) and (a)(3) of this section zoid at the water surface, and the en- by means of locally promulgated tire water column from surface to sea- broadcast notice to mariners. Once im- bed inclusive of the vessel, bounded by plemented, neither overtaking nor the following four coordinates: meeting situations will be allowed during specified vessel transits. Latitude Longitude (3) In accordance with the general Western 32°42′56″ N 79°47′34″ W regulations governing safety and secu- boundary. rity zones contained in 33 CFR 165.23

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and 165.33 of this part, entry into any straight line to position 30°12′14″ N, portion of the described zone is prohib- 81°40′42″ W; thence southerly, remain- ited unless authorized by the Captain ing 400′ seaward of the mean high water of the Port Jacksonville, Florida. shoreline to 30°11′40″ N, 81°41′15.5″ W; (4) This regulation does not apply to thence northwest to the point at the authorized law enforcement agencies end of the property line of Naval Air operating within the safety/security Station Jacksonville just north of the zone. Buckman Bridge at position 30°11′42.30″ N, 81°41′23.66″ W; thence northeasterly [COTP Jacksonville, FL Reg. 90–124, 55 FR 51700, Dec. 17, 1990] along the mean high water shoreline of the St. Johns River and Mulberry Cove § 165.721 Safety Zone: St. Johns River, to the point of beginning. Datum: NAD Jacksonville, FL. 83 (a) Location. The following area is es- (b) In accordance with the general tablished as a safety zone during the regulations in § 165.33 of this part, no specified conditions: The waters within person or vessel may enter or remain a 500 yard radius of the fireworks barge in the zone without the permission of or barges during the storage, prepara- the Captain of the Port Jacksonville, tion, and launching of fireworks in the Florida. All other portions of § 165.33 St. Johns River between the Hart and remain applicable. Acosta Bridges. (c) This regulation does not apply to (b) Effective dates. This section be- Coast Guard vessels and authorized law comes effective upon activation by the enforcement vessels operating within Captain of the Port by the broad- the Security Zone. casting of a local Notice to Mariners on [COTP Jacksonville Reg. 93–115, 60 FR 65571, appropriate VHF-FM radio frequencies. Dec. 20, 1995] It terminates at the conclusion of the fireworks display unless terminated § 165.726 Regulated Navigation Areas; earlier by the Captain of the Port. Miami River, Miami, Florida. (c) Regulations. (1) In accordance with (a) Location. The following are Regu- the general regulations in 165.23 of this lated Navigation Areas: part, anchoring, mooring or transiting (1) All the waters of the Miami River, in this zone is prohibited unless au- Miami, Florida, from the Brickell Ave- thorized by the Captain of the Port or nue Bridge, in approximate position District Commander. 25°46′19″ N, 80°11′4″ W, inland to the (2) This regulation does not apply to South Florida Water Management Dis- authorized law enforcement agencies trict’s salinity dam in approximate po- operating within the Safety Zone. sition 25°48′4″ N, 80°15′6″ W. [COTP Jacksonville Reg. 94–027, 59 FR 55584, (2) The Tamiami Canal from its Nov. 8, 1994] intersection with the Miami river in approximate position 25°47′7″ N, 80°14′7″ § 165.722 Security Zone: St. Johns W to the N.W. 37th Avenue bridge in River, Jacksonville, Florida. approximate position 25°48′5″ N, 80°15′5″ (a) Location. The water located with- W. All coordinates referenced use in the following area is established as a datum: NAD 83. security zone: beginning at the shore- (b) Regulations. The restrictions in line of the St. Johns River at the this paragraph apply to vessels oper- northernmost property line of Naval ating within the regulated navigation Air Station Jacksonville next to areas in paragraph (a) of this section Timuquana Country Club, at 30°14′39.5″ unless authorized to deviate by the N, 81°40′45″ W; thence northeasterly to Captain of the Port, Miami, Florida, or 30°14′42″ N, 81°40′42″ W; thence south re- a Coast Guard commissioned, warrant, maining 400 feet from the shoreline at or petty officer designated by him. mean high water; thence past Piney (1) All rafted vessels (inboard and Point and Black Point to the northern outboard) must be properly moored in edge of Mulberry Cover Manatee ref- accordance with applicable municipal uge, 400 feet from Naval Air Station laws and regulations. Jacksonville boat ramp, at 30°13′00″ N, (2) At no time shall any vessels be 81°40′23.5″ W; thence southwesterly in a rafted more than two abreast.

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(3) Neither single nor rafted vessels the eastern end of Transit Shed #2 to shall extend greater than 54 feet into the east shore of Alligator Creek at the main river (measured from the Blount Island Terminal, Jacksonville, dock) without permission of the Cap- Florida. tain of the Port. (3) Zone C: 100 yards in all directions (4) A minimum channel width of 65 on land from Gate berth #1 and all wa- feet shall be maintained at all times on ters within the Back River (locally the Miami River from the Brickell Av- known as the Gate Slip) on Blount Is- enue Bridge west to the Tamiami land, Jacksonville, Florida, com- Canal. A minimum channel width of 45 mencing from a line drawn between the feet shall be maintained at all times on southwesterly most shore point lati- the Miami River west of the junction of tude 30°23′34″, longitude 81°30′52″ and the Miami River and the Tamiami the southeasterly most shore point Canal to the South Florida Water Man- latitude 30°23′38″, longitude 81°30′36″. agement District’s salinity dam, as (b) The areas described in paragraph well as on the Tamiami Canal from its (a) of this section may be closed to all mouth to the N.W. 37th Avenue Bridge. vessels and persons, except those ves- (5) All moored and rafted vessels sels and persons authorized by the shall provide safe access from the Commander, Seventh Coast Guard Dis- shore. trict or the Captain of the Port, Jack- (6) All moored and rafted vessels sonville, Florida, whenever specified shall provide clear and ready access for Maritime Prepositioned Ships are land-based firefighters to safely and transiting the St. Johns River (Zone quickly reach outboard rafted vessels. A), moored at Blount Island (Zone B), (7) No vessels shall moor or raft in or moored at Gate Terminal (Zone C). any manner as to impede safe passage (c) The general regulations governing of another vessel to any of the tribu- safety zones contained in 33 CFR 165.23 taries of the Miami River. apply. (8) Nothing in these regulations shall (d) The Captain of the Port Jackson- prohibit the U.S. Army Corps of Engi- ville, Florida will activate the safety neers from requiring the relocation or zones or specific portions of them by movement of vessels in a declared flood issuing a local broadcast notice to emergency. mariners. The closing of the area at (c) Enforcement. Violations of these Blount Island, described above, will be regulated navigation areas should be signified by the display of a rotating reported to the Captain of the Port, yellow light located on the waterfront Miami. Persons in violation of these at Blount Island Marine Terminal or at regulations will be subject to civil pen- the Gate Terminal Berth #1. alty under § 165.13(b) of this part. [CGD7 87–15, 52 FR 23442, June 22, 1987, as [CGD07–97–019, 62 FR 50512, Sept. 26, 1997] amended by CGD7 91–33, 56 FR 22826, May 17, 1991] § 165.728 Jacksonville, Florida—safety zones. § 165.729 Jacksonville Harbor, Flor- (a) The water, land, and land and ida—security zone. water within the following boundaries (a) The water, land, and land and are established as safety zones during water within the following boundaries the specified conditions: are established as security zones dur- (1) Zone A. 200 yards in all directions ing the specified conditions: around any specified Maritime (1) Zone A. 200 yards in all directions Prepositioned Ship as it transits be- around any specified Maritime tween the St. Johns River entrance sea Prepositioned Ship as it transits be- buoy (STJ) and its berth inside the tween the St. Johns River entrance sea Mayport Basin (Ribault Bay), Mayport, buoy (STJ) and its berth inside the Florida. The prescribed safety zone will Mayport Naval Basin (Ribault Bay), also be in effect as the vessel transits Mayport, Florida. The prescribed secu- to its berth at Blount Island Marine rity zone will also be in effect as the Terminal, Jacksonville, Florida. vessel transits to its berth at Blount (2) Zone B. 100 yards in all directions Island Marine Terminal, Jacksonville, on land and 200 yards on water from Florida.

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(2) Zone B. 100 yards in all directions § 165.731 Safety/Security Zone: Cum- on land and 200 yards on water from berland Sound, Georgia and St. the eastern end of Transit Shed #2 to Marys River Entrance Channel. the east shore of Alligator Creek at (a) Location. A permanent safety/se- Blount Island Terminal, Jacksonville, curity zone is established within the Florida. following coordinates, the area en- (3) Zone C: 100 yards in all directions closed by a line starting at 30°44′55″ N, on land from Gate berth #1 and all wa- 081°29′39″ W; thence to 30°44′55″ N, ters within the Back River (locally 081°29′18″ W; thence to 30°46′35″ N, known as the Gate Slip) on Blount Is- 081°29′18″ W; thence to 30°47′02″ N, land, Jacksonville, Florida, com- 081°29′34″ W; thence to 30°47′21″ N, ° ′ ″ ° ′ ″ mencing from a line drawn between the 081 29 39 W; thence to 30 48 00 N, ° ′ ″ ° ′ ″ southwesterly most shore point lati- 081 29 42 W; thence to 30 49 07 N, ° ′ ″ ° ′ ″ tude 30°23′34″, longitude 81°30′52″ and 081 29 56 W; thence to 30 49 55 N, ° ′ ″ ° ′ ″ the southeasterly most shore point 081 30 35 W; thence to 30 50 15 N, 081°31′08″ W; thence to 30°50′14″ N, latitude 30°23′38″, longitude 81°30′36″. 081°31′30″ W; thence to 30°49′58″ N, (b) The areas described in paragraph 081°31′45″ W; thence to 30°49′58″ N, (a) of this section shall be closed to all 081°32′03″ W; thence to 30°50′12″ N, vessels and persons, except those ves- 081°32′17″ W; thence following the land sels and persons authorized by the based perimeter boundary to the point Commander, Seventh Coast Guard Dis- of origin. trict or the Captain of the Port, Jack- (b) A temporary safety/security zone, sonville, Florida, whenever specified when activated by the Captain of the Maritime Prepositioned Ships are Port, Jacksonville, Florida, encom- transiting the St. Johns River (Zone passes all waters and land from bank to A), moored at Blount Island (Zone B), bank within Cumberland Sound and or moored at Gate Terminal (Zone C). the St. Marys Entrance Channel: the (c) The general regulations governing northern extent of this zone starts at security zones contained in 33 CFR the southern tip of Crab Island; lighted 165.33 apply. buoy number ‘‘1’’ at the mouth of the (d) The Captain of the Port Jackson- Amelia River demarks the southern ville, Florida will activate the security boundary; day marker number ‘‘2’’ at zones or specific portions of them by the mouth of the St. Marys River indi- issuing a local broadcast notice to cates the western boundary; and the mariners. The closing of the area at eastern boundary extends out to three Blount Island, described above, will be (3) nautical miles in the Atlantic signified by the display of a rotating Ocean, with the zone also encom- yellow light located on the waterfront passing the waters within 1000 yards of at Blount Island Marine Terminal or at the entrance channel east of the jet- the Gate Terminal Berth #1. ties. (c) Regulations. (1) The Captain of the [CGD7 87–16, 52 FR 23443, June 22, 1987, as Port, Jacksonville, Florida will acti- amended by CGD7 91–34, 56 FR 22827, May 17, vate the temporary safety/security 1991] zone described in paragraph (b) of this section by issuing a local broadcast no- § 165.730 King’s Bay, Georgia—Regu- tice to mariners. lated navigation area. (2) All persons and vessels in the vi- Vessels transiting in the water cinity of the safety/security zone shall bounded by the line connecting the fol- immediately obey any direction or lowing points must travel no faster order of the Captain of the Port, Jack- than needed for steerageway: sonville, Florida. Latitude Longtitude (3) The general regulations governing 30°48′00.0″ N 081°29′24.0″ W safety and security zones contained in 30°46′19.5″ N 081°29′17.0″ W 33 CFR 165.23 and .33 apply. No person 30°47′35.0″ N 081°30′16.5″ W or vessel may enter or remain within and thence to the point of beginning the designated zones without the permission of the Captain of the Port, [CGD7 92–41, 58 FR 38057, July 15, 1993] Jacksonville, Florida.

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(4) This regulation does not apply to (2) Servicing aids to navigation; persons or vessels operating under the (3) Surveying, maintenance, or im- authority of the United States Navy provement of waters in the security nor to authorized law enforcement zone; or agencies. (4) Actively engaged in escort, ma- [COTP Jacksonville Reg. 90–94, 55 FR 42374, neuvering, or support duties for an Oct. 19, 1990] LNG tankship. (c) Regulations. In accordance with § 165.751 Security Zone: LNG mooring the general regulations in § 165.33 of slip, Savannah River, Savannah, this part, entry into or movement Georgia. within this zone is prohibited unless (a) Security Zone. The following area authorized by the Captain of the Port is a security zone: All the waters from Savannah or vessels engaged in activi- surface to bottom of the northeastern ties defined in paragraph (b). most mooring dolphin located at ap- (d) Reporting of violations. Violations proximately 32[deg]05.01′ North, of this section should be reported to 080[deg]59.38′ West, to the southeastern the Captain of the Port, Savannah, at most mooring dolphin located at ap- (912) 652–4353. proximately 32[deg]04.79′ North, 080[deg]59.35′ West, and continues west [COTP SAVANNAH 06–160, 72 FR 27246, May along the North and South shoreline of 15, 2007] the mooring slip to the shoreline of the right descending bank of the Savannah § 165.752 Sparkman Channel, Tampa, River. All marine traffic is prohibited Florida—regulated navigation area. from entering this zone unless author- (a) A regulated navigation area is es- ized by the Captain of the Port (COTP). tablished to protect vessels from lim- (b) Applicability. This section applies ited water depth in Sparkman Channel to all vessels including naval and other caused by an underwater pipeline. The public vessels, except vessels that are regulated navigation area is in engaged in the following operations: Sparkman Channel between the lines (1) Law enforcement, security, or connecting the following points (ref- search and rescue; 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 § 165.753 Regulated navigation area; pilotage shall not meet or overtake Tampa Bay, Florida. other like vessels in Sparkman Chan- (a) The following is a regulated navi- nel. gation area (RNA): All the navigable (c) Vessels having a draft of more waters of Tampa Bay, Hillsborough than 35.5 feet may not transit Bay and Old Tampa Bay, including all Sparkman Channel. navigable waterways tributary thereto. (d) Vessels having a draft of 34.5 feet, Also included are the waters of Egmont but not over 35.5 feet, may transit Channel, Gulf of Mexico from Tampa Sparkman Channel only when the tide Bay to the seabuoy, Tampa Lighted is at least one foot above mean low Whistle Buoy T, LLNR 18465. water. (b) The master, pilot, or person in (e) Vessels with a draft of 30 feet or charge of any vessel of 50 meters or greater shall transit as near as possible greater shall give a Navigational Advi- to the center of the channel. sory Broadcast in accordance with 47 [CGD7 90–52, 56 FR 36005, July 30, 1991, as CFR 80.331 on VHF-FM channel 13 at amended by USCG–1998–3799, 63 FR 35532, the following broadcast/reporting June 30, 1998] points:

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(1) Prior to getting underway from Harbor in an area one half mile around any berth or anchorage; each vessel beginning at either the (2) Prior to entering Egmont Channel Gulf Refinery Oil dock or Catano Oil from seaward; dock in approximate position 18–25.8N, (3) Prior to passing Egmont Key in 66–06.5W when the vessel gets under- any direction; way, and continuing until the stern (4) Prior to transiting the Skyway passes the San Juan Harbor #1 Sea Bridge in either direction; Buoy, in approximate position 18–28.3N, (5) Prior to transiting the intersec- 66–07.6W. All coordinates referenced use tion of Tampa Bay Cut F Channel, datum: NAD 83. Tampa Bay Cut G Channel, and Gads- den Point Cut Channel; (b) Regulations. (1) No person or ves- (6) Prior to anchoring or approaching sel may enter, transit or remain in the a berth for docking; safety zone unless authorized by the (7) Prior to tending hawser; Captain of the Port, San Juan, Puerto (8) Prior to transiting Point Pinellas Rico, or a designated Coast Guard com- Channel Light 1 in either direction. missioned, warrant, or petty officer. (c) Each Navigational Advisory re- (2) Vessels encountering emergencies quired by this section shall be made in which require transit through the mov- the English language and will contain ing safety zone should contact the the following information: Coast Guard patrol craft on VHF Chan- (1) The words ‘‘Hello all vessels, a nel 16. In the event of an emergency, Navigational Advisory follows’’; the Coast Guard patrol craft may au- (2) Name of vessel; thorize a vessel to transit through the (3) If engaged in towing, the nature of safety zone with a Coast Guard des- the tow; ignated escort. (4) Direction of Movement; (3) The Captain of the Port and the (5) Present location; and, (6) The nature of any hazardous con- Duty Officer at Sector San Juan, Puer- ditions as defined by 33 CFR 160.203. to Rico, can be contacted at telephone (d) Nothing in this section shall su- number 787–289–2041. The Coast Guard persede either the International Regu- Patrol Commander enforcing the safety lations for Preventing Collisions at zone can be contacted on VHF-FM Sea, 1972 (72 COLREGS) or the Inland channels 16 and 22A. Navigation Rules, as applicable, or re- (4) Coast Guard Sector San Juan will lieve the Master or person in charge of notify the marine community of peri- the vessel of responsibility for the safe ods during which these safety zones navigation of the vessel. will be in effect by providing advance [CGD07–94–094, 60 FR 58519, Nov. 28, 1995] notice of scheduled arrivals and departures of Liquefied Petroleum Gas ves- § 165.754 Safety Zone: San Juan Har- sels via a marine broadcast Notice to bor, San Juan, PR. Mariners. (a) Regulated Area. A moving safety (5) Should the actual time of entry of zone is established in the following the Liquefied Petroleum Gas vessel area: vary more than one half hour from the (1) The waters around Liquefied Pe- scheduled time stated in the broadcast troleum Gas ships entering San Juan Notice to Mariners, the person direct- Harbor in an area one half mile around ing the movement of the Liquefied Pe- each vessel, beginning one mile north troleum Gas vessel shall obtain permis- of the San Juan Harbor #1 Sea Buoy, in sion from Captain of the Port San Juan approximate position 18–29.3N, 66–07.6W before commencing the transit. and continuing until the vessel is safe- (6) All persons and vessels shall com- ly moored at either the Gulf Refinery ply with the instructions of on-scene Oil dock or the Catano Oil dock in ap- patrol personnel. On-scene patrol per- proximate position 18–25.8N, 66–06.5W. sonnel include commissioned, warrant, All coordinates referenced use datum: NAD 83. or petty officers of the U.S. Coast (2) The waters around Liquefied Pe- Guard. Coast Guard Auxiliary and local troleum Gas ships departing San Juan

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or state officials may be present to in- at the LNG facility. All coordinates are form vessel operators of the require- North American Datum 1983. ments of this section, and other appli- (b) Definitions. The following defini- cable laws. tions apply to this section: [COTP SAN JUAN 97–045, 63 FR 27681, May Bare steerage way means the min- 20, 1998, as amended by USCG–2001–9286, 66 imum speed necessary for a ship to FR 33641, June 25, 2001; USCG–2008–0179, 73 maintain control over its heading. FR 35017, June 19, 2008] Bollard pull means an industry standard used for rating tug capabilities and § 165.755 Safety Zone; Guayanilla, is the pulling force imparted by the tug Puerto Rico to the towline. It means the power that (a) The following area is established an escort tug can apply to its working as a safety zone during the specified line(s) when operating in a direct conditions: mode. (1) A 100 yard radius surrounding a Direct mode means a towing technique vessel carrying Liquefied Natural Gas defined as a method of operation by (LNG) while transiting north of Lati- which a towing vessel generates tow- tude 17°56.0′ N in the waters of the Car- line forces by thrust alone at an angle ibbean Sea, on approach to or depar- equal to or nearly equal to the towline, ture from the Eco-Electrica waterfront or thrust forces applied directly to the facility in Guayanilla Bay, Puerto escorted vessel’s hull. Rico. The safety zone remains in effect Fire Wire means a length of wire rope until the LNG vessel is docked at the or chain hung from the bow and stern Eco-Electrica waterfront facility or of a vessel in port to allow the vessel to south of Latitude 17°56.0′ N. be towed away from the pier in case of (2) The waters within 150 feet of a fire; also called fire warp or emergency LNG vessel when the vessel is along- towing wire. side the Eco-Electrica waterfront facil- Heel means the minimum quantity of ity in Guayanilla Bay, at position liquefied natural gas (LNG) retained in 17°58.55′ N, 066°45.3′ W. This safety zone an LNG tankship after unloading at remains in effect while the LNG vessel the LNG facility to maintain tempera- is docked with product aboard or is ture, pressure, and/or prudent oper- transferring LNG. ations. A quantity of LNG less than (b) In accordance with the general five percent (5 %) of the LNG tank- regulations in 165.23 of this part, an- ship’s carrying capacity shall be pre- choring, mooring or transiting in these sumed to be heel. zones is prohibited unless authorized Indirect mode means a towing tech- by the Coast Guard Captain of the nique defined as a method of operation Port. by which an escorting towing vessel (c) Coast Guard Sector San Juan will generates towline forces by a combina- notify the maritime community of pe- tion of thrust and hydrodynamic forces riods during which the safety zones resulting from a presentation of the will be in effect by providing advance underwater body of the towing vessel notice of scheduled arrivals and depar- at an oblique angle to the towline. This tures of LNG vessels via a marine method increases the resultant bollard broadcast Notice to Mariners. pull, thereby arresting and controlling [COTP San Juan 00–095, 66 FR 16870, Mar. 28, the motion of an escorted vessel. 2001, as amended by USCG–2008–0179, 73 FR LNG tankship means a vessel as de- 35017, June 19, 2008] scribed in 46 CFR 154. Made-up means physically attached § 165.756 Regulated Navigation Area; by cable, towline, or other secure Savannah River, Georgia. means in such a way as to be imme- (a) Regulated Navigation Area (RNA). diately ready to exert force on a vessel The Savannah River between Fort being escorted. Jackson (32°04.93′ N, 081°02.19′ W) and Make-up means the act of, or prep- the Savannah River Channel Entrance arations for becoming made-up. Sea Buoy is a regulated navigation Operator means the person who owns, area when an LNG tankship in excess operates, or is responsible for the oper- of heel is transiting the area or moored ation of a facility or vessel.

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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, the tional Oceanic and Atmospheric Ad- LNG tankship, carrying LNG in excess ministration’s (NOAA) Nautical Chart of heel, shall have a minimum of two 11512. escort towing vessels with a minimum Standby means readily available at of 100,000 pounds of bollard pull, 4,000 the facility and equipped to provide a horsepower and capable of safely oper- ready means of assistance to maintain ating in the indirect mode. At least one a safe zone around LNG tankships, pro- of the towing vessels shall be FiFi vide emergency firefighting assistance, Class 1 equipped. and aid the LNG tankship in the event (2) Requirements while an LNG tank- of an emergency departure. ship is moored outside of the LNG facility Underway means that a vessel is not slip. (i) An LNG tankship moored out- at anchor, not made fast to the shore, side of the LNG facility slip shall have or not aground. on-scene a minimum of two escort tow- (c) Applicability. This section applies ing vessels each with a minimum of to all vessels operating within the 100,000 pounds of bollard pull, 4,000 RNA, including naval and other public horsepower and capable of safely oper- vessels, except vessels that are engaged ating in the indirect mode in order to in the following operations: escort transiting vessels 1,600 gross (1) Law enforcement, security, or tons or greater past the moored LNG search and rescue; tankship. At least one of these towing (2) Servicing aids to navigation; vessels shall be FiFi Class 1 equipped. (3) Surveying, maintenance, or im- (ii) In addition to the two towing ves- provement of waters in the RNA; or sels required by paragraph (d)(2)(i) of (4) Actively engaged in escort, ma- this section, the LNG tankship moored neuvering, or support duties for an outside of the slip shall have at least LNG tankship. one standby towing vessel with a min- (d) Regulations—(1) Requirements for imum of 90,000 pounds of bollard pull to vessel operations while a LNG tankship, take appropriate actions in an emer- carrying LNG in excess of heel, is under- gency as directed by the LNG vessel way within the RNA. (i) Except for a bridge watch required in paragraph vessel that is moored at a marina, (d)(5) of this section. wharf, or pier, and remains moored, no (3) Requirements while LNG tankships vessel 1,600 gross tons or greater may are moored inside the LNG facility slip. (i) come within two nautical miles of a An LNG tankship moored inside the LNG tankship, carrying LNG in excess LNG facility slip shall have two stand- of heel, which is underway within the by towing vessels with a minimum ca- Savannah River shipping channel with- pacity of 100,000 pounds of bollard pull, out the permission of the Captain of 4,000 horsepower, and the ability to op- the Port (COTP). erate safely in the indirect mode. At (ii) All vessels less than 1,600 gross least one of these towing vessels shall tons shall keep clear of transiting LNG be FiFi Class 1 equipped. The standby tankships. towing vessels shall take appropriate (iii) The owner, master, or operator action in an emergency as directed by of a vessel carrying liquefied natural the LNG vessel bridge watch required gas (LNG) shall: in paragraph (d)(5) of this section. (A) Comply with the notice require- (ii) If two LNG tankships are moored ments of 33 CFR part 160. The COTP inside the LNG facility slip, each vessel may delay the vessel’s entry into the shall provide a standby towing vessel RNA to accommodate other commer- that is FiFi class 1 equipped with a cial traffic. minimum capacity of 100,000 pounds of (B) Obtain permission from the COTP bollard pull and 4,000 horsepower that before commencing the transit into the is available to assist as directed by the RNA. LNG vessel bridge watch required in (C) Not enter or get underway within paragraph (d)(5) of this section. the RNA if visibility during the transit (4) Requirements while LNG tankships is not sufficient to safely navigate the are moored both inside the LNG facility

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slip and outside the LNG facility slip. (i) LNG facility. In addition, the LNG When one LNG tankship is moored in- Bridge Watch shall communicate with side and one LNG tankship is moored the pilots of vessels greater than 1600 outside of the LNG facility slip, the gross tons at the points identified in LNG tankship moored outside of the section (d)(6)(iii) of this section prior LNG facility slip shall have on-scene a to passing the LNG facility in order to minimum of two escort towing vessels take actions of the towing vessel(s) re- each with a minimum of 100,000 pounds quired in paragraphs (d)(2) through (4) of bollard pull, 4,000 horsepower and ca- of this section. pable of safely operating in the indi- (ii) While moored within the RNA, rect mode in order to escort transiting LNG tankships shall have emergency vessels 1,600 gross tons or greater past towing wires (fire wires) positioned one the moored LNG tankship. At least one meter above the waterline, both on the of these towing vessels shall be FiFi off-shore bow and quarter of the ship. Class 1 equipped. In addition, the LNG LNG vessels equipped with waterline tankship moored inside of the slip shall bollards are exempt from this require- have at least one standby towing vessel ment. with a minimum of 100,000 pounds of (6) Requirements for other vessels while bollard pull, 4,000 horsepower and FiFi within the RNA. (i) Transiting vessels Class 1 equipped to take appropriate 1,600 gross tons or greater, when pass- actions in an emergency as directed by ing an LNG tankship moored outside of the LNG vessel bridge watch required the LNG facility slip, shall have a min- in paragraph (d)(5) of this section. imum of two towing vessels with a (ii) When one LNG tankship is minimum capacity of 100,000 pounds of moored outside and two LNG tankships bollard pull, 4,000 horsepower, and the are moored inside the LNG facility ability to operate safely in the indirect slip, the LNG tankship moored outside mode, made-up in such a way as to be of the LNG facility slip shall have on- immediately available to arrest and scene a minimum of two escort towing control the motion of an escorted ves- vessels each with a minimum of 100,000 sel in the event of steering, propulsion pounds of bollard pull, 4,000 horsepower or other casualty. At least one of the and capable of safely operating in the towing vessels shall be FiFi Class 1 indirect mode in order to escort equipped. While it is anticipated that transiting vessels 1,600 gross tons or vessels will utilize the towing vessel greater past the moored LNG tankship. services required in paragraphs (d)(2)(i) At least one of these towing vessels and (d)(4)(i) of this section, this section shall be FiFi Class 1 equipped. In addition, the LNG tankships moored inside does not preclude escorted vessel oper- of the slip shall have at least one ators from providing their own towing standby towing vessel between the two vessel escorts, provided they meet the ships with a minimum of 100,000 pounds requirements of this part. of bollard pull, 4,000 horsepower and (A) Outbound vessels shall be made- FiFi Class 1 equipped to take appro- up and escorted from Bight Channel priate actions in an emergency as di- Light 46 until the vessel is safely past rected by the LNG vessel bridge watch the LNG dock. required in paragraph (d)(5) of this sec- (B) Inbound vessels shall be made-up tion. and escorted from Elba Island Light 37 (iii) In the event of an actual emer- until the vessel is safely past the LNG gency, escort towing vessels can be uti- dock. lized as stand-by towing vessels to take (ii) The requirements in paragraph appropriate actions as directed by the (d)(6)(i) of this section do not apply LNG vessel bridge watch required in when one or more LNG tankships are paragraph (d)(5) of this section. moored in the LNG facility slip and no (5) Requirements for moored LNG tank- LNG tankship is moored at the pier ships. (i) While moored within the RNA, outside of the LNG facility slip. each LNG tankship shall maintain a (iii) Vessels 1,600 gross tons or great- bridge watch consisting of a docking er shall make a broadcast on channel pilot or licensed deck officer who shall 13 at the following points on the Sa- monitor all vessels transiting past the vannah River:

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(A) Buoy ‘‘33’’ in the vicinity of Hazardous Gas (LHG) vessels with Fields Cut for inbound vessels; product aboard while transiting north (B) Buoy ‘‘53’’ in the vicinity of Fort of Latitude 17°57.0′ N in the waters of Jackson for outbound vessels. the Caribbean Sea on approach to or (iv) Vessels 1,600 gross tons or greater departing from the Port of Ponce, shall at a minimum, transit at bare Puerto Rico (NAD 83). The safety zone steerageway when within an area 1,000 remains in effect until the LHG vessel yards on either side of the LNG facility is docked. slip to minimize potential wake or (2) Port of Tallaboa, Puerto Rico. A 100- surge damage to the LNG facility and yard radius surrounding all Liquefied vessel(s) within the slip. Hazardous Gas (LHG) vessels with (v) Vessels 1,600 gross tons or greater shall not meet nor overtake within an product aboard while transiting north ° ′ area 1,000 yards on either side of the of Latitude 17 56.0 N in the waters of LNG facility slip when an LNG tank- the Caribbean Sea on approach to or ship is present within the slip. departing from the Port of Tallaboa, (vi) All vessels less than 1,600 gross Puerto Rico (NAD 83). The safety zone tons shall not approach within 70 yards remains in effect until the LHG vessel of an LNG tankship, carrying LNG in is docked. excess of heel, without the permission (3) Port of Guayanilla, Puerto Rico. A of the Captain of the Port. 100-yard radius surrounding all Lique- (vii) Except for vessels involved in fied Hazardous Gas (LHG) vessels those operations noted in paragraph (c) around with product aboard while of this section entitled Applicability, transiting north of Latitude 17°57.0′ N no vessel shall enter the LNG facility in the waters of the Caribbean Sea on slip at any time without the permis- approach to or departing from the Port sion of the Captain of the Port. of Guayanilla, Puerto Rico (NAD 83). (e) Waivers. (1) The COTP may waive The safety zone remains in effect until any requirement in this section, if the the LHG vessel is docked. COTP finds that it is in the best inter- (4) Port of Limetree Bay, St. Croix, est of safety or in the interest of na- A 100-yard radius surrounding tional security. Such waivers may be U.S.V.I. verbal or in writing. all Liquefied Hazardous Gas (LHG) ves- (2) An application for a waiver of sels with product aboard while these requirements must state the transiting north of Latitude 17°39.0′ N compelling need for the waiver and de- in the waters of the Caribbean Sea on scribe the proposed operation and approach to or departing from the Port methods by which adequate levels of of Limetree Bay, U.S.V.I. (NAD 83). safety are to be obtained. The safety zone remains in effect until (f) Enforcement. Violations of this sec- the LHG vessel is docked. tion should be reported to the Captain (b) Regulations. In accordance with of the Port, Savannah, at (912) 652–4353. the general regulations in § 165.23 of In accordance with the general regula- this part, anchoring, mooring or tions in § 165.13 of this part, no person transiting in these zones is prohibited may cause or authorize the operation unless authorized by the Coast Guard of a vessel in the regulated navigation Captain of the Port. Coast Guard Sec- area contrary to the provisions of this tor San Juan will notify the maritime section. community of periods during which [CGD07–05–138, 72 FR 2453, Jan. 19, 2007] these safety zones will be in effect by providing advance notice of scheduled § 165.757 Safety Zones; Ports of Ponce, arrivals and departures on LHG car- Tallaboa, and Guayanilla, Puerto riers via a broadcast notice to mariners Rico and Limetree Bay, St. Croix, U.S.V.I. on VHF Marine Band Radio, Channel 16 (156.8 MHz). (a) Location. The following areas are established as a safety zones during the [COTP San Juan 02–038, 67 FR 60867, Sept. 27, specified conditions: 2002, as amended by USCG–2008–0179, 73 FR (1) Port of Ponce, Puerto Rico. A 100- 35017, June 19, 2008] yard radius surrounding all Liquefied

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§ 165.758 Security Zone; San Juan, zones are activated when the subject Puerto Rico. vessels pass the St. Johns River Sea (a) Location. Moving and fixed secu- Buoy, at approximate position 30 deg. rity zones are established 50 yards 23′ 35″ N, 81 deg, 19′ 08″ West, when en- around all cruise ships entering, de- tering the port of Jacksonville, or pass parting, moored or anchored in the Port Canaveral Channel Entrance Port of San Juan, Puerto Rico. The se- Buoys # 3 or # 4, at respective approxi- curity zone for a cruise ship entering mate positions 28 deg. 22.7 N, 80 deg 31.8 port is activated when the vessel is one W, and 28 deg. 23.7 N, 80 deg. 29.2 W, mile north of the #3 buoy, at approxi- when entering Port Canaveral. Fixed mate position 18°28′17′ N, 66°07′37.5′ W. security zones are established 100 yards 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 33 U.S.C. these security zones will be in effect by 1231 and 50 U.S.C. 191, the authority for providing advance notice of scheduled this section includes 33 U.S.C. 1226. 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; Tampa Bay, greater than 100 feet in length that is Port of Tampa, Port of Saint Peters- authorized to carry more than 150 pas- burg, Port Manatee, Rattlesnake, sengers for hire, except for a ferry. Old Port Tampa, Big Bend, Weedon (d) Authority. In addition to 33 U.S.C Island, and Crystal River, Florida. 1231 and 50 U.S.C. 191, the authority for (a) Location. The following areas, de- this section includes 33 U.S.C. 1226. noted by coordinates fixed using the [CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as North American Datum of 1983 (World amended by USCG–2008–0179, 73 FR 35017, Geodetic System 1984), are security June 19, 2008] zones: (1) Rattlesnake, Tampa, FL. All water, § 165.759 Security Zones; Ports of from surface to bottom, in Old Tampa Jacksonville, Fernandina, and Ca- Bay east and south of a line com- naveral, Florida. mencing at position 27°53.32′ N, (a) Regulated Area. Moving security 082°32.05′ W; north to 27°53.36′ N, zones are established 100 yards around 082°32.05′ W, including on land portions all tank vessels, cruise ships, and mili- of Chemical Formulators Chlorine Fa- tary pre-positioned ships during tran- cility, where the fenced area is bounded sits entering or departing the ports of by a line connecting the following Jacksonville, Fernandina, and Canav- points: 27°53.21′ N, 082°32.11′ W; west to eral, Florida. These moving security 27°53.22′ N, 082°32.23′ W; then north to

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27°53.25′ N, 082°32.23′ W; then west again channel; then northerly to 27°54.48′ N, to 27°53.25′ N, 082°32.27′ W; then north 082°25.70′ W. again to 27°53.29′ N, 082°32.25′ W; then (6) Piers, seawalls, and facilities, Port east to 27°53.30′ N, 082°32.16′ W; then of Tampa, East Bay and the eastern side southeast terminating at 27°53.21′ N, of Hooker’s Point. All waters, from sur- 082°32.11′ W. face to bottom, extending 50 yards (2) Old Port Tampa, Tampa, FL. All from the shore, seawall and piers waters, from surface to bottom, in Old around facilities on East Bay and on Tampa Bay encompassed by a line con- the East Bay Channel within the Port necting the following points: 27°51.62′ of Tampa encompassed by a line con- N, 082°33.14′ W; east to 27°51.71′ N, necting the following points: 27°56.05′ 082°32.5′ W; north to 27°51.76′ N, 082°32.5′ N, 082°25.95′ W, southwesterly to W; west to 27°51.73′ N, 082°33.16′ W; and 27°56.00′ N, 082°26.07′ W, then southerly south to 27°51.62′ N, 082°33.14′ W, closing to 27°55.83′ N, 082°26.07′ W, then south- off the Old Port Tampa channel. easterly to 27°55.55′ N, 082°25.75′ W, then ° ′ ° ′ (3) Sunshine Skyway Bridge, FL. All south to 27 54.75 N, 082 25.75 W, then waters in Tampa Bay, from surface to southwesterly and terminating at ° ′ ° ′ bottom, in Cut ‘‘A’’ channel beneath point 27 54.57 N, 082 25.86 W. the bridge’s main span encompassed by (7) Piers, seawalls, and facilities, Port a line connecting the following points: of Tampa, on the western side of Hooker’s 27°37.30′ N, 082°39.38′ W to 27°37.13′ N, Point, Tampa, FL. All waters, from sur- 082°39.26′ W; and the bridge structure face to bottom, extending 50 yards from the shore, seawall, and piers columns, base and dolphins. This zone around facilities on Hillsborough Bay is specific to the bridge structure and northern portion of Cut ‘‘D’’ channel, dolphins and does not include waters Sparkman channel, Ybor Turning adjacent to the bridge columns or dol- Basin, and Ybor channel within the phins outside of the bridge’s main span. Port of Tampa encompassed by a line (4) Vessels carrying hazardous cargo, connecting the following points: Tampa, FL. All waters, from surface to 27°54.74′ N, 082°26.47′ W; northwest to bottom, 200 yards around vessels 27°55.25′ N, 082°26.73′ W; then north- moored in Tampa Bay carrying or northwest to 27°55.60′ N, 082°26.80′ W; transferring Liquefied Petroleum Gas then north-northeast to 27°56.00′ N, (LPG), Anhydrous Ammonia (NH3) and/ 082°26.75′ W; then northeast to 27°56.58′ or grade ‘‘A’’ and ‘‘B’’ flammable liquid N, 082°26.53′ W; and north to 27°57.29′ N, cargo. Any vessel transiting within the 082°26.51′ W; west to 27°57.29′ N, 082°26.61′ outer 100 yards of the zone for moored W; then southerly to 27°56.65′ N, vessels carrying or transferring Lique- 082°26.63′ W; southwesterly to 27°56.58′ fied Petroleum Gas (LPG), Anhydrous N, 082°26.69′ W; then southwesterly and Ammonia (NH3) and/or grade ‘‘A’’ and terminating at 27°56.53′ N, 082°26.90′ W. ‘‘B’’ cargo may operate unless other- (8) Piers, seawalls, and facilities, Port wise directed by the Captain of the of Manatee. All waters, from surface to Port or his designee but must proceed bottom, within the Port of Manatee ex- through the area at the minimum tending 50 yards from the shore, sea- speed necessary to maintain safe navi- wall and piers around facilities. This gation. No vessel may enter the inner security zone encompasses all piers and 100-yard portion of the security zone seawalls of the cruise terminal berths 9 closest to the vessel. and 10 in Port Manatee, Florida begin- (5) Piers, seawalls, and facilities, Port ning at 27°38.00′ N, 082°33.81′ W; con- of Tampa and Port Sutton, Tampa, FL. tinuing east to 27°38.00′ N, 082°33.53′ W. All waters, from surface to bottom, ex- (9) Moving cruise ships in the Port of tending 50 yards from the shore, sea- Tampa, Port of Saint Petersburg, and wall, and piers around facilities in Port Port Manatee, Florida. All waters, from Sutton within the Port of Tampa en- surface to bottom, extending 200 yards compassed by a line connecting the fol- around all cruise ships entering or de- lowing points: 27°54.15′ N, 082°26.11′ W; parting Port of Tampa, Port of Saint east northeast to 27°54.19′ N, 082°26.00′ Petersburg, or Port Manatee, Florida. W; then northeast to 27°54.37′ N, These temporary security zones are ac- 082°25.72′ W, closing off all Port Sutton tivated on the inbound transit when a

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cruise ship passes the Tampa Lighted around the Florida Power Crystal Whistle Buoy ‘‘T’’, located at 27°35.35′ River nuclear power plant located at N, 083°00.71′ W and terminate when the the end of the Florida Power Corpora- vessel is moored at a cruise ship ter- tion Channel, Crystal River, Florida, minal. The security zones are activated encompassed by a line connecting the on the outbound transit when a cruise following points: 28°56.87′ N, 082°45.17′ W ship gets underway from a terminal (Northwest corner); 28°57.37′ N, 082°41.92′ and terminates when the cruise ship W (Northeast corner); 28°56.81′ N, passes the Tampa Lighted Whistle 082°45.17′ W (Southwest corner); and Buoy ‘‘T’’, located at 27°35.35′ N, 28°57.32′ N, 082°41.92′ W (Southeast cor- 083°00.71′ W. Any vessel transiting with- ner). in the outer 100 yards of the zone for a (13) Crystal River Demory Gap Channel. cruise ship may operate unless other- All waters, from surface to bottom, in wise directed by the Captain of the the Demory Gap Channel in Crystal Port or his designee but must proceed River, Florida, encompassed by a line through the area at the minimum connecting the following points: speed necessary to maintain safe navi- 28°57.61′ N, 082°43.42′ W (Northwest cor- gation. No vessel may enter the inner ner); 28°57.53′ N, 082°41.88′ W (Northeast 100-yard portion of the security zone corner); 28°57.60′ N, 082°43.42′ W (South- closest to the vessel. west corner); and 28°57.51′ N, 082°41.88′ (10) Moored cruise ships in the Port of W (Southeast corner). Tampa, Port of Saint Petersburg, and (14) Big Bend Power Plant, FL. All wa- Port Manatee, Florida. All waters, from ters of Tampa Bay, from surface to bot- surface to bottom, extending 200 yards tom, adjacent to the Big Bend Power around moored cruise ships in the Facility, and within an area bounded Ports of Tampa, Saint Petersburg, or by a line connecting the following Port Manatee, Florida. Any vessel points: 27°48.08′ N, 082°24.88′ W; then transiting within the outer 100 yards of northwest to 27°48.15′ N, 082°24.96′ W; the zone of moored cruise ships may then southwest to 27°48.10′ N, 082°25.00′ operate unless otherwise directed by W; then south-southwest to 27°47.85′ N, the Captain of the Port or his designee 082°25.03′ W; then southeast to 27°47.85′ but must proceed through the area at N, 082°24.79′ W; then east to 27°47.55′ N, the minimum speed necessary to main- 082°24.04′ W; then north to 27°47.62′ N, tain safe navigation. No vessel may 082°84.04′ W; then west to 27°47.60′ N, enter the inner 100-yard portion of the 082°24.72′ W; then north to 27°48.03′ N, security zone closest to the vessel. 082°24.70′ W; then northwest to 27°48.08′ (11) Saint Petersburg Harbor, FL. All N, 082°24.88′ W, closing off entrance to waters, from surface to bottom, ex- Big Bend Power Facility and the attending 50 yards from the seawall and tached cooling canal. around all moorings and vessels in (15) Weedon Island Power Plant, FL. Saint Petersburg Harbor (Bayboro Har- All waters of Tampa Bay, from surface bor), commencing on the north side of to bottom, extending 50-yards from the the channel at dayboard ‘‘10’’ in ap- shore, seawall and piers around the proximate position 27°45.56′ N, 082°37.55′ Power Facility at Weedon Island en- W, and westward along the seawall to compassed by a line connecting the fol- the end of the cruise terminal in ap- lowing points: 27°51.52′ N, 082°35.82′ W; proximate position 27°45.72′ N, 082°37.97′ then north and east along the shore to W. The zone will also include the Coast 27°51.54′ N, 082°35.78′ W; then north to Guard south moorings in Saint Peters- 27°51.68′ N, 082°35.78′ W; then north to burg Harbor. The zone will extend 50 27°51.75′ N, 082°35.78′ W, closing off en- yards around the piers commencing trance to the canal; then north to from approximate position 27°45.51′ N, 27°51.89′ N, 082°35.82′ W; then west along 082°37.99′ W; to 27°45.52′ N, 082°37.57′ W. the shore to 27°51.89′ N, 082°36.10′ W; The southern boundary of the zone is then west to 27°51.89′ N, 082°36.14′ W, shoreward of a line between the enclosing off entrance to the canal. trance to Salt Creek easterly to Green (b) Definitions. As used in this sec- Daybeacon 11 (LLN 2500). tion— (12) Crystal River Nuclear Power Plant. Cruise ship means a vessel required to All waters, from surface to bottom, comply with 33 CFR part 120.

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Designated representative means Coast passenger vessels, vessels carrying car- Guard Patrol Commanders including goes of particular hazard, or vessels Coast Guard coxswains, petty officers carrying liquefied hazardous gas (LHG) and other officers operating Coast as defined in 33 CFR parts 120, 126 and Guard vessels, and federal, state, and 127 respectively, during transits enter- local officers designated by or assisting ing or departing the Ports of Palm the Captain of the Port (COTP), in the Beach, Port Everglades, Miami or Key enforcement of regulated navigation West, Florida. These moving security areas, safety zones, and security zones. zones are activated when the subject (c) Regulation. (1) Entry into or re- vessel passes: ‘‘LW’’ buoy, at approxi- maining on or within the zones de- mate position 26°46.3′ N, 080°00.6′ W, scribed in paragraph (a) of this section when entering the Port of Palm Beach, is prohibited unless authorized by the passes ‘‘PE’’ buoy, at approximate po- Captain of the Port Sector St. Peters- sition 26°05.5′ N, 080°04.8′ W, when enter- burg or a designated representative. ing Port Everglades; the ‘‘M’’ buoy, at (2) Persons desiring to transit the approximate position 25°46.1′ N, 080°05.0′ area of the security zone may contact the Captain of the Port Sector St. Pe- W, when entering the Port of Miami; tersburg or a designated representative and ‘‘KW’’ buoy, at approximate posi- ° ′ ° ′ on VHF channel 16 to seek permission tion 24 27.7 N, 081 48.1 W, when enter- to transit the area. If permission is ing the Port of Key West. Fixed secu- granted, all persons and vessels must rity zones are established 100 yards comply with the instructions of the around all passenger vessels, vessels Captain of the Port or designated rep- carrying cargoes of particular hazard resentative. In the case of moving secu- or liquefied hazardous gas (LHG) as de- rity zones, notification of activation of fined in 33 CFR parts 120, 126 and 127 re- these zones will be given by Broadcast spectively, while they are docked in Notice to Mariners on VHF FM Marine the Ports of Palm Beach, Port Ever- Band Radio, Channel 22A. For vessels glades, Miami or Key West, Florida. not equipped with a radio, there will (2) Fixed security zone in the Port of also be on site notification via a des- Miami, Florida. A fixed security zone ignated representative of the Captain encompasses all waters between Wat- of the Port. son Park and Star Island on the Mac- NOTE TO §165.760 (C)(2): A graphical rep- Arthur Causeway south to the Port of resentation of all fixed security zones will be Miami. The western boundary is made available via the Coast Pilot and nau- formed by an imaginary line from tical charts. points 25°46.79′ N, 080°10.90′ W, to (3) Enforcement. Under §165.33, no per- 25°46.77′ N, 080°10.92′ W to 25°46.88′ N, son may cause or authorize the oper- 080°10.84′ W, and ending on Watson ation of a vessel in the security zones Park at 25°47.00′ N, 080°10.67′ W. The contrary to the provisions of this sec- eastern boundary is formed by an tion. (d) Authority. In addition to 33 U.S.C. imaginary line from the traffic light 1231 and 50 U.S.C. 191, the authority for located at Bridge road, in approximate ° ′ ° ′ this section includes 33 U.S.C. 1226. position 25 46.33 N, 080 09.12 W, which leads to Star Island, and MacArthur [COTP Tampa 02–053, 68 FR 52342, Sept. 3, Causeway directly extending across the 2003, as amended by USCG–2007–0062, 73 FR Main Channel to the Port of Miami, at 1282, Jan. 8, 2008] 25°46.26′ N, 080°09.18′ W. The fixed secu- § 165.761 Security Zones; Port of Palm rity zone is activated when two or Beach, Port Everglades, Port of more passenger vessels, vessels car- Miami, and Port of Key West, Flor- rying cargoes of particular hazard, or ida. vessels carrying liquefied hazardous (a) Location. The following areas are gas (LHG) as defined in 33 CFR parts security zones: 120, 126 and 127 respectively, enter or (1) Fixed and moving security zones moor within this zone. around vessels in the Ports of Palm (i) Vessels may be allowed to transit Beach, Port Everglades, Miami, and Key the Main Channel when only one pas- West, Florida. Moving security zones senger vessel or vessel carrying cargoes are established 100 yards around all of particular hazard are berthed, by

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staying on the north side of the law en- in Title 33, Code of Federal Regulations forcement boats and cruise ship parts 120, 126 and 127 respectively, is tenders which will mark a transit lane encouraged to make a security broad- in channel. cast on VHF Marine Band Radio, Chan- (ii) When passenger vessels are not nel 13 (156.65 MHz) to advise mariners berthed on the Main Channel, naviga- of the moving security zone activation tion will be unrestricted. Law enforce- and intended transit. ment vessels can be contacted on VHF (2) In accordance with the general Marine Band Radio, Channel 16 (156.8 regulations § 165.33 of this part, entry MHz). into these zones is prohibited except as (3) Fixed security zones in the Port Ev- authorized by the Captain of the Port erglades. A fixed security zone encom- Miami or his designated representa- passes all waters west of an imaginary tive. Other vessels such as pilot boats, line starting at the northern most cruise ship tenders, tug boats and con- point 26°05.98′ N, 080°07.15′ W, near the tracted security vessels may assist the west side of the 17th Street Causeway Coast Guard Captain of the Port under Bridge, to the southern most point the direction of his designated rep- 26°05.41′ N, 080°06.96′ W, on the northern resentative by monitoring these zones tip of pier 22. An additional fixed secu- strictly to advise mariners of the re- rity zone encompasses the Intracoastal strictions. The Captain of the Port will Waterway between a line connecting notify the public via Marine Safety point 26°05.41′ N, 080°06.97′ W, on the Radio Broadcast on VHF Marine Band northern tip of berth 22 and a point di- Radio, Channel 16 (156.8 MHz) when the rectly east across the Intracoastal Wa- security zones are being enforced. terway to 26°05.41′ N, 080°06.74′ W; and a (3) Persons desiring to enter or tran- line drawn from the corner of Port Ev- sit the area of the security zone may erglades berth 29 at point 26°04.72′ N, contact the Captain of the Port at (305) 080°06.92′ W, easterly across the Intra- 535–8701 or on VHF Marine Band Radio, coastal Waterway to John U. Lloyd Channel 16 (156.8 MHz) to seek permis- Beach, State Recreational Area at sion to transit the area. If permission point 26°04.72′ N, 080°06.81′ W. is granted, all persons and vessels must (i) Vessels may be allowed to transit comply with the instructions of the the Intracoastal Waterway when pas- Captain of the Port or his or her des- senger vessels or vessels carrying car- ignated representative. goes of particular hazard are berthed, (4) The Captain of the Port Miami by staying east of the law enforcement may waive any of the requirements of vessels and cruise ship tenders, which this subpart for any vessel upon finding will mark a transit lane in the Intra- that the vessel or class of vessel, oper- coastal Waterway. ational conditions, or other cir- (ii) Periodically, vessels may be re- cumstances are such that application quired to temporarily hold their posi- of this subpart is unnecessary or im- tions while large commercial traffic practical for the purpose of port secu- operates in this area. Vessels in this se- rity, safety or environmental safety. curity zone must follow the orders of (c) Definition. As used in this section, the COTP or his designated representa- cruise ship means a passenger vessel tive, who may be embarked in law en- greater than 100 feet in length and over forcement or other vessels on scene. 100 gross tons that is authorized to When passenger vessels are not berthed carry more than 12 passengers for hire on the Intracoastal Waterway, naviga- making voyages lasting more than 24 tion will be unrestricted. Law enforce- hours, except for a ferry. ment vessels can be contacted on VHF (d) Authority. In addition to 33 U.S.C. Marine Band Radio, Channel 16 (156.8 1231 and 50 U.S.C. 191, the authority for MHz). this section includes 33 U.S.C. 1226. (b) Regulations. (1) Prior to com- [COTP Miami 02–115, 68 FR 3189, Jan. 23, 2003] mencing the movement, the person directing the movement of a passenger § 165.762 Security Zone; St. Thomas, vessel, a vessel carrying cargoes of par- U.S. Virgin Islands. ticular hazard or a vessel carrying liq- (a) Location. Moving and fixed secu- uefied hazardous gas (LHG) as defined rity zones are established 50 yards

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around all cruise ships entering, de- all cruise ships entering, departing, parting, moored or anchored in the mooring or anchoring in the Port of Port of St. Thomas, U.S. Virgin Is- Fredericksted, Saint Croix, U.S. Virgin lands. The security zone for a cruise Islands. The security zone extends from ship entering port is activated when the cruise ship outward and forms a 50- the vessel passes: St. Thomas Harbor yard radius around the vessel, from green lighted buoy 3 in approximate surface to bottom. The security zone ° ′ ″ ° ′ ″ position 18 19 19 North, 64 55 40 West for a cruise ship entering port is acti- when entering the port using St. vated when the vessel is within one Thomas Channel; red buoy 2 in approxi- nautical mile west of the Fredericksted mate position 18°19′15″ North, 64°55′59″ Pier lights. The security zone for a ves- West when entering the port using East sel is deactivated when the cruise ship Gregorie Channel; and red lighted buoy is beyond one nautical mile west of the 4 in approximate position 18°18′16″ 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 in these zones is prohibited unless au- in these zones is prohibited unless authorized by the Coast Guard Captain of thorized by the Coast Guard Captain of the Port of San Juan. the Port San Juan or their designated (2) Persons desiring to transit the representative. area of the security zone may contact (2) Persons desiring to transit the Captain of the Port at the Sector through a security zone may contact San Juan at (787) 289–2041 or via VHF the Captain of the Port San Juan who radio on Channel 16 to seek permission can be reached on VHF Marine Band to transit the area. If permission is Radio, Channel 16 (156.8 Mhz) or by granted, all persons and vessels must calling (787) 289–2041, 24-hours-a-day, 7- comply with the instructions of the days-a-week. If permission is granted, Captain of the Port or his designated representative. all persons and vessels must comply (3) Coast Guard Sector San Juan will with the instructions of the Captain of attempt to notify the maritime com- the Port or designated representative. munity of periods during which these (3) Sector San Juan will attempt to security zones will be in effect by pro- notify the maritime community of pe- viding advance notice of scheduled ar- riods during which these security zones rivals and departures of cruise ships will be in effect by providing advance via a broadcast notice to mariners. notice of scheduled arrivals and depar- (c) Definition. As used in this section, tures of cruise ships via a broadcast no- cruise ship means a passenger vessel tice to mariners. greater than 100 feet in length that is (c) Definition. As used in this section, authorized to carry more than 150 pas- cruise ship means a passenger vessel sengers for hire, except for a ferry. greater than 100 feet in length that is (d) Authority. In addition to 33 U.S.C authorized to carry more than 150 pas- 1231 and 50 U.S.C. 191, the authority for sengers for hire, except for a ferry. this section includes 33 U.S.C. 1226. (d) Authority. In addition to 33 U.S.C. [COTP San Juan 03–024, 68 FR 33391, June 4, 1231 and 50 U.S.C. 191, the authority for 2003, as amended by USCG–2008–0179, 73 FR this section includes 33 U.S.C. 1226. 35017, June 19, 2008] [COTP San Juan 05–002, 70 FR 22256, Apr. 29, § 165.763 Moving and Fixed Security 2005] Zone, Port of Fredericksted, Saint Croix, U.S. Virgin Islands. (a) Location. A moving and fixed security zone is established that surrounds

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§ 165.764 [Reserved] south coast of St. Croix, U.S. Virgin Is- lands. This security zone includes all § 165.765 Regulated Navigation Area; waters from surface to bottom, encom- Port Everglades Harbor, Fort Lau- passed by an imaginary line connecting derdale, Florida. the following points: Point 1: 17°41′31″ (a) Location. The following area in North, 64°45′09″ West, Point 2: 17°39′36″ Port Everglades harbor is a regulated North, 64°44′12″ West, Point 3: 17°40′00″ navigation area: all waters of Port Ev- North, 64°43′36″ West, Point 4: 17°41′48″ erglades harbor, from shore to shore, North, 64°44′25″ West, and returning to encompassed by a line commencing at the point of origin. These coordinates the south mid-point tip of Harbor are based upon North American Datum Heights approximately 26°05.687′ N, 1983 (NAD 1983). 080°06.684′ W; thence south across Bar (b) Regulations. (1) Under § 165.33, Cut to a point north of the Nova Uni- entry into or remaining in the security versity Marina approximately 26°05.552′ zone in paragraph (a) of this section is N, 080°06.682′ W, thence southwesterly prohibited unless authorized by the to a point near the center of Lake Coast Guard Captain of the Port San Mabel approximately 26°05.482′ N, Juan or vessels have a scheduled ar- 080°06.793′ W, thence northwesterly to a rival in accordance with the Notice of point near the Quick Flashing Red #12 Arrival requirements of 33 CFR part approximately 26°05.666′ N, 080°06.947′ W, 160, subpart C. thence east to south mid-point tip of (2) Persons and vessels desiring to Harbor Heights (starting point) ap- transit the Regulated Area may con- proximately 26°05.687′ N, 080°06.684′ W. tact the U.S. Coast Guard Captain of (b) Regulations. Vessels less than 150 the Port, San Juan, at telephone num- meters entering and transiting through ber 787–289–2041 or on VHF channel 16 the regulated navigation area shall (156.8 MHz) to seek permission to tran- proceed at a slow speed. Nothing in sit the area. If permission is granted, this section alleviates vessels or opera- all persons and vessels must comply tors from complying with all state and with the instructions of the Captain of local laws in the area including man- the Port. atee slow speed zones. Nor should any- [COTP San Juan 05–007, 72 FR 43537, Aug. 6, thing in this section be construed as 2007] conflicting with the requirement to operate at safe speed under the Inland § 165.767 Security Zone; Manbirtee Navigation Rules, 33 U.S.C. 2001 et seq. Key, Port of Manatee, Florida. (c) Definition. As used in this section, (a) Regulated area. The following area slow speed means the speed at which a is a security zone: All waters, from sur- vessel proceeds when it is fully off face to bottom, surrounding Manbirtee plane, completely settled in the water Key, Tampa Bay, FL extending 500 and not creating excessive wake. Due yards from the island’s shoreline, in all to the different speeds at which vessels directions, not to include the Port of different sizes and configurations Manatee Channel. may travel while in compliance with (b) Definitions. As used in this sec- this definition, no specific speed is as- tion, designated representative means signed to slow speed. A vessel is not Coast Guard Patrol Commanders in- proceeding at slow speed if it is: cluding Coast Guard coxswains, petty (1) On a plane; officers and other officers operating (2) In the process of coming up on or Coast Guard vessels, and Federal, coming off of plane; or State, and local officers designated by (3) Creating an excessive wake. or assisting the Captain of the Port [CDG07–03–069, 68 FR 63991, Nov. 12, 2003] (COTP), in the enforcement of regulated navigation areas, safety zones, § 165.766 Security Zone: HOVENSA Re- and security zones. finery, St. Croix, U.S. Virgin Is- (c) Regulation. (1) Entry into or re- lands. maining on or within the security zone (a) Regulated area. The Coast Guard is is prohibited unless authorized by the establishing a security zone in and Captain of the Port Sector St. Peters- around the HOVENSA Refinery on the burg or his designee.

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(2) Persons desiring to transit the se- 82°33′02.444″ W., thence directly to lati- curity zone may contact the Captain of tude 27°49′56.963″ N., longitude the Port Sector St. Petersburg or his 82°32′45.023″ W., thence directly to lati- designee on VHF channel 16 to seek tude 27°50′05.447″ N., longitude permission to transit the area. If per- 82°32′48.734″ W., thence directly to lati- mission is granted, all persons and ves- tude 27°50′33.715″ N., longitude sels must comply with the instructions 82°32’45.220″ W., thence directly to a of the Captain of the Port or des- point on the western shore of the base ignated representative. at latitude 27°50′42.836″ N., longitude (3) Enforcement. Under § 165.33, no per- 82°32′10.972″ W. son may cause or authorize the oper- (b) Definitions. The following defini- ation of a vessel in the security zone tion applies to this section. Designated contrary to the provisions of this sec- representative means Coast Guard Pa- tion. trol Commanders including Coast Guard coxswains, petty officers and [USCG–2007–0061, 73 FR 3651, Jan. 22, 2008] other officers operating Coast Guard § 165.768 Security Zone; MacDill Air vessels, and federal, state, and local of- Force Base, Tampa Bay, FL. ficers designated by or assisting the (a) Location. The following area is a Captain of the Port St. Petersburg security zone which exists concurrent (COTP), in the enforcement of regu- with an Army Corps of Engineers related navigation areas, safety zones, stricted area in § 334.635 of this title. and security zones. All waters within Tampa Bay, Florida (c) Regulations. In accordance with in the vicinity of MacDill Air Force the general regulations in § 165.33 of Base, including portions of the waters this part, entry into, anchoring, moor- of Hillsborough Bay, Old Tampa Bay, ing, or transiting this zone by persons and Tampa Bay, encompassed by a line or vessels is prohibited without the connecting the following coordinates: prior permission of the Coast Guard latitude 27°51′52.901″ N., longitude Captain of the Port St. Petersburg or a 82°29′18.329″ W., thence directly to lati- designated representative. tude 27°52′00.672″ N., longitude [USCG–2008–0013, 73 FR 6613, Feb. 5, 2008] 82°28′51.196″ W., thence directly to latitude 27°51′28.859″ N., longitude § 165.770 Security Zone: HOVENSA Re- 82°28′10.412″ W., thence directly to lati- finery, St. Croix, U.S. Virgin Is- tude 27°51′01.067″ N., longitude lands. 2°27′45.355″ W., thence directly to lati- (a) Regulated area. The Coast Guard is tude 27°50′43.248″ N., longitude establishing a security zone in and 82°27′36.491″ W., thence directly to lati- around the HOVENSA Refinery on the tude 27°50′19.817″ N., longitude south coast of St. Croix, U.S. Virgin Is- 82°27′35.466″ W., thence directly to lati- lands. This security zone includes all tude 27°49′38.865″ N., longitude waters from surface to bottom, encom- 82°27′43.642″ W., thence directly to lati- passed by an imaginary line connecting tude 27°49′20.204″ N., longitude the following points: Point 1 in posi- 82°27′47.517″ W., thence directly to lati- tion 17°41′31″ N, 064°45′09″ W; Point 2 in tude 27°49′06.112″ N., longitude position 17°39′36″ N, 064°44′12″ W; Point 3 82°27′52.750″ W., thence directly to lati- in position 17°40′00″ N, 064°43′36″ W; tude 27°48′52.791″ N., longitude Point 4 in position 17°41′48″ N, 064°44′25″ 82°28′05.943″ W., thence directly to lati- W; then tracing the shoreline along the tude 27°48′45.406″ N., longitude water’s edge to the point of origin. 82°28′32.309″ W., thence directly to lati- These coordinates are based upon tude 27°48′52.162″ N., longitude North American Datum 1983 (NAD 82°29′26.672″ W., thence directly to lati- 1983). tude 27°49′03.600″ N., longitude (b) Regulations. (1) Under § 165.33, 82°30′23.629″ W., thence directly to lati- entry into or remaining within the reg- tude 27°48′44.820″ N., longitude ulated area in paragraph (a) of this sec- 82°31′10.000″ W., thence directly to lati- tion is prohibited unless authorized by tude 27°49′09.350″ N., longitude the Coast Guard Captain of the Port 82°32′24.556″ W., thence directly to lati- San Juan or vessels have a scheduled tude 27°49′38.620″ N., longitude arrival at HOVENSA, Limetree Bay,

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St. Croix, in accordance with the No- speed. In no instance should minimum tice of Arrival requirements of 33 CFR safe speed be interpreted as a speed less part 160, subpart C. than that required for a particular ves- (2) Persons and vessels desiring to sel to maintain steerageway. A vessel transit the Regulated Area may con- is not proceeding at minimum safe tact the U.S. Coast Guard Captain of speed if it is: the Port San Juan at telephone num- (1) On a plane; ber 787–289–2041 or on VHF channel 16 (2) In the process of coming up onto (156.8 MHz) to seek permission to tran- or coming off a plane; or sit the area. If permission is granted, (3) Creating an excessive wake. all persons and vessels must comply (b) Regulated area. All navigable wa- with the instructions of the Captain of ters, as defined within Captain of the the Port. Port Zone, Jacksonville, Florida as defined in 33 CFR 3.35–20. [USCG–2008–0284, 73 FR 27746, May 14, 2008] (c) Security zone. A 500-yard security § 165.773 Security Zone; Escorted Ves- zone is established around each es- sels in Captain of the Port Zone corted vessel within the regulated area Jacksonville, Florida. described in paragraph (b) of this sec- (a) Definitions. The following definition. This is a moving security zone tions apply to this section: when the escorted vessel is in transit COTP means Captain of the Port and becomes a fixed zone when the es- Jacksonville, FL. corted vessel is anchored or moored. A Designated representatives means security zone will not extend beyond Coast Guard Patrol Commanders in- the boundary of the regulated area in cluding Coast Guard coxswains, petty this section. (d) Regulations. (1) The general regu- officers and other officers operating lations for security zones contained in Coast Guard vessels or aircraft, and § 165.33 of this part applies to this sec- federal, state, and local officers des- tion. ignated by or assisting the COTP, in (2) A vessel may request the permis- the enforcement of the security zone. sion of the COTP or a designated rep- Escorted vessel means a vessel, other resentative to enter the security zone than a large U.S. naval vessel as de- described in paragraph (c) of this sec- fined in 33 CFR 165.2015, that is accom- tion. If permitted to enter the security panied by one or more Coast Guard as- zone, a vessel must proceed at the min- sets or other Federal, State, or local imum safe speed and must comply with law enforcement agency assets clearly the orders of the COTP or a designated identifiable by lights, vessel markings, representative. No vessel or person or with agency insignia as follows: may enter the inner 100-yard portion of (1) Coast Guard surface or air asset the security zone closest to the vessel. displaying the Coast Guard insignia. (e) . The COTP (2) State and/or local law enforce- Notice of security zone 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 Jacksonville may be reached via phone wake. Due to the different speeds at at (904) 564–7513. Any on scene Coast which vessels of different sizes and con- Guard or designated representative as- figurations may travel while in compli- sets may be reached via VHF–FM chan- ance with this definition, no specific nel 16. speed is assigned to minimum safe [USCG–2008–0203, 73 FR 28710, May 19, 2008]

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EIGHTH COAST GUARD DISTRICT sponsible for the movement, action, securing, or security of any vessel, barge, § 165.802 Lower Mississippi River, vi- tier, fleet or fleeting facility subject to cinity of Old River Control Struc- the regulations in this section. ture—Safety Zone. (8) Tier means barges moored inter- (a) The area enclosed by the fol- dependently in rows or groups. lowing boundary is a safety zone—from (b) Waivers: the Black Hawk Point Light, mile 316.1 (1) The COTP may, upon written re- AHP LMR to a point opposite Ft. quest, except as allowed in paragraph Adams Light, mile 311.5 AHP along the (3) of this subsection, waive any regula- low water reference plane above the tion in this section if it is found that right descending bank; thence to the levee on a line perpendicular to the the proposed operation can be con- channel centerline; thence along the ducted safely under the terms of that levee to the upstream end of the Old waiver. River Overbank structure; thence (2) Each written request for a waiver along a line to the Black Hawk Point must state the need for the waiver and Light. describe the proposed operation. (b) Any vessel desiring to enter this (3) Under unusual circumstances due safety zone must first obtain permis- to time constraints, the person in sion from the Captain of the Port, New charge may orally request an imme- Orleans. The resident engineer at Old diate waiver from the COTP. The writ- River Control Structure (WUG–424) is ten request for a waiver must be sub- delegated the authority to permit mitted within five working days after entry into this safety zone. the oral request. [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as (4) The COTP may, at any time, ter- amended by CGD8 89–03, 54 FR 16108, Apr. 21, minate any waiver issued under this 1989] subsection. (c) Emergencies. In an emergency, a § 165.803 Mississippi River—regulated person may depart from any regulation navigation area. in this section to the extent necessary The following is a Regulated Naviga- to avoid immediate danger to persons, tion Area—The waters of the Mis- property or the environment. sissippi River between miles 88 and 240 (d) Mooring: General. above Head of Passes. (1) No person may secure a barge to (a) Definitions. As used in this sec- trees or to other vegetation. tion: (2) No person may allow a barge to be (1) Breakaway means a barge that is moored with unraveled or frayed lines adrift and is not under the control of a or other defective or worn mooring. towing vessel. (2) COTP means the Captain of the (3) No person may moor barges side Port, New Orleans. to side unless they are secured to each (3) Fleet includes one or more tiers. other from fittings as close to each cor- (4) Fleeting facility means the geo- ner of abutting sides as practicable. graphic area along or near a river bank (4) No person may moor barges end to at which a barge mooring service, ei- end unless they are secured to each ther for hire or not for hire, is estab- other from fittings as close to each cor- lished. ner of abutting ends as practicable. (5) Mooring barge or spar barge means (e) Mooring to a mooring device. (1) A a barge moored to mooring devices and barge may be moored to mooring de- to which other barges may be moored. vices if the upstream end of that barge (6) Mooring device includes a is secured to at least one mooring de- deadman, anchor, pile or other reliable vice and the downstream end is secured holding apparatus. to at least one other mooring device, (7) Person in charge includes any except that from mile 127 to mile 240 a owner, agent, pilot, master, officer, op- barge may be moored to mooring de- erator, crewmember, supervisor, dis- vices if the upstream end of that barge patcher or other person navigating, is secured to at least one mooring de- controlling, directing or otherwise re- vice.

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(2) Barges moored in tiers may be (h) Fleeting facility: inspection of shifted to mooring devices if the shore- moorings. ward barge at the upstream end of the (1) The person in charge of a fleeting tier is secured to at least one mooring facility shall assign a person to inspect device, and the shoreward barge at the moorings in accordance with the re- downstream end of the tier is secured quirements in paragraph (h)(2) of this to at least one other mooring device, section. except that from mile 127 to mile 240 (2) The person assigned to inspect barges moored in tiers may be shifted moorings shall inspect: to mooring devices if the shoreward (i) At least twice each day during pe- barge at the upstream end of the tier is riods that are six hours or more apart, secured to at least one mooring device. each mooring wire, chain, line and con- (3) Each wire rope used between the necting gear between mooring devices upstream end of a barge and a mooring and each wire, line and connecting device must have at least a diameter of equipment used to moor each barge; 11⁄4 inch. Chain or line used between the and upstream end of a barge and a mooring (ii) After a towboat adds barges to, device must be at least equivalent in withdraws barges from, or moves strength to 11⁄4 inch diameter wire barges at a fleeting facility, each rope. mooring wire, line, and connecting (4) Each wire rope used between the equipment of each barge within each downstream end of a barge and a moor- tier affected by that operation. ing device must have at least a diame- (3) The person who inspects moorings ter of 7⁄8 inch. Chain or line used be- shall take immediate action to correct tween the downstream end of a barge each deficiency. and a mooring device must be of at (i) Fleeting facility: Records. The least equivalent strength of 7⁄8 inch di- person in charge of a fleeting facility ameter wire rope. shall maintain, and make available to (f) Moorings: Barge-to-barge; barge- the Coast Guard, records containing to-vessel; barge-to-wharf or pier. The the following information: person in charge shall ensure that a (1) The time of commencement and barge moored to another barge, a termination of each inspection re- 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 7 of ⁄8 inch diameter wire rope; or (ii) The names of any hazardous (3) Fixed rigging that is at least cargo which the barge is carrying. 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. cargo refer to cargoes regulated by Sub- (1) The person in charge of a barge, chapters D and O of Chapter I, Title 46, Code tier, fleet or fleeting facility shall en- of Federal Regulations. sure that the barge, tier, fleet or fleet- (j) Fleeting facility: Surveillance. ing facility meets the requirements in (1) The person in charge of a fleeting paragraphs (d) and (e) of this section. facility shall assign a person to be in (2) The person in charge shall ensure continuous surveillance and to observe that all mooring devices, wires, chains, the barges in the fleeting facility. lines and connecting gear are of suffi- Joint use of this person by adjacent fa- cient strength and in sufficient number cilities may be considered upon to withstand forces that may be ex- submisssion of a detailed proposal for a erted on them by moored barges. waiver to the COTP.

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(2) The person who observes the (A) Capable of safely withdrawing, barges shall: moving or adding each barge in the (i) Inspect for movements that are fleet; unusual for properly secured barges; (B) Immediately operational; and (C) Radio-equipped; (ii) Take immediate action to correct (D) Within 500 yards of the barges; each deficiency. and (k) Fleeting facility: person in (iv) The person in charge of each charge. The person in charge of a fleet- towboat required in paragraphs ing facility shall ensure that each defi- (m)(2)(i) and (2)(ii) of this section shall ciency found under the requirements of maintain: paragraph (h) or (j) of this section is (A) A continuous guard on the fre- corrected. quency specified by current Federal (l) Securing breakaways. The person Communications Commission regula- in charge shall take immediate action tions found in Part 83 of Title 47, Code to: of Federal Regulations; and (1) Secure each breakaway; and (B) When moored, a continuous (2) Report each breakaway as soon as watch on the barges in the fleeting fa- possible to the COTP by telephone, cility. radio or other means of rapid commu- (v) During periods when visibility is nication. less than 200 yards, the person in (m) High water. charge of each towboat required in (1) This subsection applies to barges paragraph (m)(2)(i) of this subsection on the Mississippi River between miles shall maintain, when moored, a contin- 88 and 240 above Head of Passes when: uous radar surveillance of the barges (i) The Carrollton gage stands 12 feet moored in the fleeting facility. or more; or (3) During high water when visibility (ii) The Carrollton gage stands 10 is reduced to less than 200 yards: feet, the U.S. Army Corps of Engineers (i) Tows may not be assembled or dis- forecasts the Mississippi River is rising assembled; to 12 feet, and the District Commander (ii) No barge may be added to, with- determines these circumstances to be drawn from or moved within a fleet ex- especially hazardous and issues orders cept: 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 detailed proposal for a waiver. [CGD 79–034, 47 FR 29660, July 8, 1982, as 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 § 165.804 Snake Island, Texas City, (B) Barges are added to the fleet and Texas; mooring and fleeting of ves- the number of barges being added plus sels—safety zone. the fleet at the start of the operation (a) The following is a safety zone: total eight or more. (1) The west and northwest shores of (iii) Each towboat required in para- Snake Island; graphs (m)(2)(i) and (2)(ii) of this sec- (2) The Turning Basin west of Snake tion must be: Island;

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(3) The area of Texas City Channel within the Calcasieu River ship chan- from the north end of the Turning nel and between buoy ‘‘CC’’ and the Basin to a line drawn 000° true from the Trunkline LNG facility: The area 2 northwesternmost point of Snake Is- miles ahead, 1 mile astern, and to ei- land. ther side of an LNG vessel to the width (b) Special regulations. All vessels of the ship channel. Meeting, crossing, are prohibited from mooring, anchor- or overtaking situations are not per- ing, or otherwise stopping in the safety mitted within the safety zone unless zone, except in case of an emergency. specifically authorized by the USCG (c) Barges are prohibited from fleet- Captain of the Port. ing or grounding in the zone. (c) Notice of transiting LNG vessels (d) In an emergency, vessels shall ad- will be provided by Broadcast and/or vise the Captain of the Port, Houston- Local Notice to Mariners. Galveston, of the nature of the emer- [CGD 82–10, 47 FR 41957, Sept. 23, 1982, as gency via the most rapid means avail- amended by CGD8 82–10, 50 FR 31592, Aug. 5, able. 1985; COTP Port Arthur, TX Reg. 90–03, 56 FR 66599, Dec. 24, 1991; USCG–1998–3799, 63 FR [CGD 79–034, 47 FR 29660, July 8, 1982, as 35533, June 30, 1998] amended by USCG–2000–7223, 65 FR 40058, June 29, 2000] § 165.806 Sabine Neches Waterway, Texas—regulated navigation area. § 165.805 Calcasieu Channel and In- dustrial Canal, Calcasieu River, (a) The following is a regulated navi- Lake Charles, LA. gation area—The Sabine Neches Water- (a) The waters and waterfront facil- way which includes the following wa- ity located within the area described ters: Sabine Pass Channel, Port Arthur by the following boundaries constitutes Canal, Sabine Neches Canal, Neches a safety zone: River, Sabine River and all navigable (1) When a Liquefied Natural Gas waterways tributary thereto. (LNG) vessel is moored at Trunkline (b) Unless otherwise authorized by LNG facility: Beginning at the west the Captain of the Port, Port Arthur, side property line at position 30°06′38″ Texas, tows on a hawser of 1000 gross N., 93°17′34″ W., a line extending in an tons or greater transiting the Sabine- eastward direction and 50 feet from Neches Waterway are prohibited unless shore to a point 50 feet west of mooring such tows have a tug of sufficient dolphin #1; then due south to a line horsepower made up to the tow in such running in an eastward direction and 50 a manner as to insure that complete feet south of the moored LNG vessel to and effective control is maintained a line running due north to a point 50 throughout the transit. Inbound vessels feet east of mooring dolphin #13; and only, may shift the tow or pick up an then a line extending in an eastward additional tug within 100 yards inside direction and 50 feet from shore to the the entrance jetties provided that such end of the turning basin. action is necessary for reasons of pru- (2) When an LNG vessel is not moored dent seamanship. at the Trunkline LNG facility: Begin- [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] ning at the west side property line at position 30°06′38″ N., 93°17′34″ W., a line § 165.807 Calcasieu River, Louisiana— extending in an eastward direction and regulated navigation area. 50 feet from shore to a point 50 feet (a) The following is a regulated navi- west of mooring dolphin #1; then a con- gation area—The Calcasieu River from tinuous uniform line extending 50 feet the Calcasieu jetties up to and includ- outside of all facility docks and struc- ing the Port of Lake Charles. tures to a point 50 feet east of mooring (b) Unless otherwise authorized by dolphin #13; and then a line extending the Captain of the Port, Port Arthur, in an eastward direction and 50 feet Texas, tows on a hawser of 1000 gross from shore to the end of the turning tons or greater transiting the basin. Calcasieu River are prohibited unless (b) The waters within the following such tows have a tug of sufficient boundaries are a safety zone while a horsepower made up to the tow in such non-gas free LNG vessel is transiting a manner as to insure that complete

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and effective control is maintained at rity zone unless specifically authorized all times. Inbound vessels only, may by the Captain of the Port Corpus shift the tow or pick up an additional Christi or a designated representative. tug within 100 yards inside the en- (2) Recreational vessels, passenger trance jetties provided that such ac- vessels and commercial fishing vessels tion is necessary for reasons for pru- requiring entry into the security zone dent seamanship. must contact the Captain of the Port [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] Corpus Christi or a designated representative. The Captain of the Port § 165.808 Corpus Christi Ship Channel, may be contacted via VHF Channel 16 Corpus Christi, TX, safety zone. or via telephone at (361) 888–3162 to (a) The following areas are estab- seek permission to transit the area. If lished as safety zones during specified permission is granted, all persons and conditions: vessels must comply with the instruc- (1) For incoming tank vessels loaded tions of the Captain of the Port, Corpus with Liquefied Petroleum Gas, the wa- Christi or a designated representative. ters within a 500 yard radius of the (3) Designated representatives in- LPG carrier while the vessel transits clude U.S. Coast Guard commissioned, the Corpus Christi Ship Channel to the warrant, and petty officers. LPG receiving facility. The safety zone (c) Authority. In addition to 33 U.S.C. remains in effect until the LPG vessel 1231, the authority for this section in- is moored at the LPG receiving facil- cludes 33 U.S.C. 1226. ity. [COTP Corpus Christi–02–003, 67 FR 64046, (2) For outgoing tank vessels loaded Oct. 17, 2002, as amended by COTP Corpus with LPG, the waters within a 500 yard Christi–04–006, 70 FR 39178, July 7, 2005] radius of the LPG carrier while the vessel departs the LPG facility and § 165.810 Mississippi River, LA-regu- transits the Corpus Christi Ship Chan- lated navigation area. nel. The safety zone remains in effect (a) Purpose and applicability. This sec- until the LPG vessel passes the sea- tion prescribes rules for all vessels op- ward extremity of the Aransas Pass erating in the Lower Mississippi River Jetties. below mile 233.9 above Head of Passes (b) The general regulations governing including South Pass and Southwest safety zones contained in 33 CFR 165.23 Pass, to assist in the prevention of apply. allisions; collisions and groundings so (c) The Captain of the Port will noas to ensure port safety and protect the tify the maritime community of peri- navigable waters of the Mississippi ods during which this safety zone will River from environmental harm result- be in effect by providing advance no- ing from those incidents, and to en- tice of scheduled arrivals and depar- hance the safety of passenger vessels tures of loaded LPG vessels via a Ma- moored or anchored in the Mississippi rine Safety Information Broadcast No- River. tice to Mariners. (b) Lower Mississippi River below [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR mile 233.9 above Head of Passes includ- 19933, May 13, 1985] ing South and Southwest Passes: (1) Supervision. The use, administra- § 165.809 Security Zones; Port of Port tion, and navigation of the waterways Lavaca-Point Comfort, Point Com- to which this paragraph applies shall fort, TX and Port of Corpus Christi be under the supervision of the District Inner Harbor, Corpus Christi, TX. Commander, Eighth Coast Guard Dis- (a) Location. The following area is trict. designated as a security zone: all wa- (2) Speed; high-water precautions. ters of the Corpus Christi Inner Harbor When passing another vessel (in mo- from the Inner Harbor Bridge (U.S. tion, anchored, or tied up), a wharf or Hwy 181) to, and including the Viola other structure, work under construc- Turning Basin. tion, plant engaged in river and harbor (b) Regulations. (1) No recreational improvement, levees withstanding vessels, passenger vessels, or commer- flood waters, building partially or cial fishing vessels may enter the secu- wholly submerged by high water, or

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any other structure liable to damage green light displayed ahead of a vessel by collision, suction or wave action, (in the direction of travel) indicates vessels shall give as much leeway as that Algiers Point is clear and the ves- circumstances permit and reduce their sel may proceed. A red light displayed speed sufficiently to preclude causing ahead of a vessel (in the direction of damages to the vessel or structure travel) indicates that Algiers Point is being passed. Since this subparagraph not clear and the vessel shall not pro- pertains directly to the manner in ceed. Absence of lights shall be consid- which vessels are operated, masters of ered a danger signal and no attempt vessels shall be held responsible for shall be made to navigate through the strict observance and full compliance restricted area. therewith. During high river stages, NOTE: To provide advance information to floods, or other emergencies, the Dis- downbound vessels whether the control light trict Commander may prescribe by at Gretna (Gretna Light) is red or green, a navigation bulletins or other means traffic light is located at Westwego on the the limiting speed in land miles per right descending bank, on the river batture hour deemed necessary for the public at the end of Avenue B, approximately 101.4 safety for the entire section or any miles above Head of Passes. part of the waterways covered by this (2) Ascending vessels. Ascending ves- paragraph, and such limiting speed sels shall not proceed farther up the shall be strictly observed. river than a line connecting the upper (3) Towing. Towing in any formation end of Atlantic Street Discharge Light by a vessel with insufficient power to (on right descending bank) with the permit ready maneuverability and safe lower end of Desire Street Wharf (on handling is prohibited. left descending bank) when a red light (c) Movement of vessels in vicinity of is displayed. Vessels waiting for a Algiers Point, New Orleans Harbor: change of signal shall keep clear of de- (1) Control lights. When the Mis- scending vessels. sissippi River reaches 8 feet on the (3) Descending vessels. (i) Descending Carrollton Gage on a rising stage, and vessels shall not proceed farther down until the gage reads 9 feet on a falling the river than a line connecting the stage, the movement of all tugs with lower end of Julia Street Wharf (on left tows and all ships, whether under their descending bank) with the vertical own power or in tow, but excluding flagpole at Eastern Associated Termi- tugs or towboats without tows or river nals (on right descending bank) when a craft of comparable size and maneuver- red light is displayed. Vessels shall ability operating under their own round to and be headed upstream be- power, in the vicinity of Algiers Point fore they reach that line, if the signal shall be governed by red and green remains against the vessel. Vessels lights designated and located as fol- waiting for a change of signal shall lows: Governor Nicholls Light located keep clear of ascending vessels. on the left descending bank on the (ii) Vessels destined to a wharf above wharf shed at the upstream end of Es- the lower end of Julia Street Wharf planade Avenue Wharf, New Orleans, shall signal the Gretna towerman three approximately 94.3 miles above Head of long blasts and one short blast of a Passes; and Gretna Light located on whistle or horn to indicate that the the right descending bank on top of the vessel is not bound below the Julia levee at the foot of Ocean Avenue, Street Wharf. Gretna, approximately 96.6 miles above (iii) The master, pilot, or authorized Head of Passes. Governor Nicholls representative of any vessel scheduled Light has lights visible from both up- to depart from a wharf between Gov- stream and downstream, and Gretna ernor Nicholls Light and Louisiana Av- Light has lights visible from upstream, enue, bound downstream around Al- all indicating by proper color the direc- giers Point, shall communicate with tion of traffic around Algiers Point. the Governor Nicholls Light towerman From downstream, Gretna Light al- by telephone to determine whether the ways shows green. All lights are visible channel at Algiers Point is clear before throughout the entire width of the departure. When the point is clear, ves- river and flash once every second. A sels shall then proceed promptly so

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that other traffic will not be unneces- Light shall have passed through into sarily delayed. the river. NOTE: Telephone numbers of both signal (5) When navigating South Pass dur- towers will be published in navigation bul- ing periods of darkness no tow shall letins in advance of each operating period. consist of more than one towed vessel (4) Minor changes. The District Com- other than small craft, and during day- mander is authorized to waive oper- light hours no tow shall consist of ation or suspension of the lights when- more than two towed vessels other ever prospective river stages make it than small craft. Tows may be in any appear that the operation or suspen- formation. When towing on a hawser, sion will be required for only a brief pe- the hawser shall be as short as prac- riod of time or when river stages will ticable to provide full control at all rise or fall below the critical stage times. which is established for operation or (6) When towing in Southwest Pass suspension by only a few tenths on the during periods of darkness no tow shall Carrollton Gage. consist of more than two towed vessels (5) Underpowered vessels. When the other than small craft, and during day- Carrollton Gage reads 12 feet or higher, light hours no tow shall consist of any vessel which is considered by the more than three towed vessels other master or pilot as being underpowered than small craft. or a poor handler shall not navigate (e) Watch requirements for anchored around Algiers Point without the as- and moored passenger vessels. sistance of a tug or tugs. (1) Passenger vessels. Except as pro- (6) Towing. When the Carrollton Gage vided in paragraph (e)(2) of this sec- reads 12 feet or higher, towing on a tion, each passenger vessel with one or hawser in a downstream direction be- more passengers on board, must— tween Julia Street and Desire Street is (i) Keep a continuously manned pilot- prohibited except by special permission house; and of the District Commander. (ii) Monitor river activities and marine VHF, emergency and working fre- (d) Navigation of South and South- quencies of the port, so as to be imme- west Passes. diately available to take necessary ac- (1) No vessel, except small craft and tion to protect the vessel, crew, and towboats and tugs without tows, shall passengers if an emergency radio enter either South Pass or Southwest broadcast, danger signal, or visual or Pass from the Gulf until after any de- other indication of a problem is re- scending vessel which has approached ceived or detected. 1 within two and one-half (2 ⁄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 a licensed engineer. Pass until after an ascending vessel (2) Before embarking a pilot when en- which has reached Franks Crossing tering or getting under way in the

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RNA, the master of each vessel shall empty barges. At MM 183.9 LMR, Wy- ensure that the vessel is in compliance andotte Chemical Dock Lights, de- with 33 CFR part 164. scending vessels shall contact VTC (3) The master shall ensure that the New Orleans and provide a follow-on chief engineer has certified that the position check. At both check-in and following additional operating condi- follow-on position check VTC New Or- tions will be satisfied so long as the leans will advise the vessel on traffic vessel is under way within the RNA: approaching Eighty-One Mile Point. (i) The main propulsion plant is in all (3) All vessels getting underway be- respects ready for operations including tween miles 167.5 and 187.9 must check- the main-propulsion air-start systems, in with VTC New Orleans on VHF fuel systems, lubricating systems, cool- Channel 63A immediately prior to get- ing systems, and automation systems; ting underway and must comply with (ii) Cooling, lubricating, and fuel-oil the respective ascending and descend- systems are at proper operating tem- ing check-in and follow-on points listed peratures; in paragraphs (g)(1) and (g)(2) above. (iii) Main propulsion machinery is (4) Fleet vessels must check-in with available to immediately respond to VTC New Orleans if they leave their re- the full range of maneuvering com- spective fleet or if they move into the mands any load-limiting programs or main channel. Fleet vessels are not re- automatic acceleration-limiting pro- quired to check-in if they are operating grams that would limit the speed of re- exclusively within their fleet. sponse to engine orders beyond that needed to prevent immediate damage (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. to the propulsion machinery are capa- 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) ble of being overridden immediately. (iv) Main-propulsion standby systems [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as are ready to be immediately placed in amended by CGD 78–080, 44 FR 47933, Aug. 16, 1979; CGD 86–049, 51 FR 27840, Aug. 4, 1986. Re- service. designated by CGD 90–020, 59 FR 36324, July (g) Movement of vessels in the vicinity 15, 1994; CGD 95–033, 60 FR 28333, May 31, 1995; of Eighty-One Mile Point, Geary LA mm CCGD08–97–020, 62 FR 58653, Oct. 30, 1997; 64 167.5–187.9 LMR. (1) Prior to proceeding FR 18813, Apr. 16, 1999; CGD08–07–007, 72 FR upriver past MM 167.5, LMR, Sunshine 41625, July 31, 2007] Bridge, vessels shall contact Vessel Traffic Center (VTC) New Orleans on § 165.811 Atchafalaya River, Berwick VHF Channel 63A to check-in. Vessels Bay, LA-regulated navigation area. must provide name, destination, con- (a) The following is a regulated navi- firm proper operation of their auto- gation area: the waters of the mated identification system (AIS) if Atchafalaya River in Berwick Bay required under 33 CFR 164.46 and, if ap- bounded on the northside from 2,000 plicable, size of tow and number of yards north of the U.S. 90 Highway loaded and empty barges. At MM 173.7, Bridge and on the southside from 4,000 LMR, Bringier Point Light, ascending yards south of the Southern Pacific vessels shall contact VTC New Orleans Railroad (SPRR) Bridge. and provide a follow-on position check. (b) Within the regulated navigation At both check-in and follow-on posi- area described in paragraph (a) of this tion check, VTC New Orleans will ad- section, § 161.40 of this chapter estab- vise the vessel on traffic approaching lishes a VTS Special Area for waters Eighty-One Mile Point. within a 1000 yard radius of the SPRR (2) Prior to proceeding downriver Bridge. past MM 187.9, LMR, COS-MAR Lights, (c) When the Morgan City River vessels shall contact Vessel Traffic gauge reads 3.0 feet or above mean sea Center (VTC) New Orleans on VHF level, in addition to the requirements Channel 63A to check-in. Vessels must set forth in § 161.13 of this chapter, the provide name, destination, confirm requirements of paragraph (d) and (e) proper operation of their automated of this section apply to a towing vessel identification system (AIS) if required which will navigate: under 33 CFR 164.46 and, if applicable, (1) under the lift span of the SPRR size of tow and number of loaded and Bridge; or

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(2) through the navigational opening moving security zones are established of the U.S. 90 Highway Bridge: or around all cruise ships between the (3) through the navigational opening Southwest Pass Entrance Lighted of the Highway 182 Bridge. Buoy ‘‘SW’’, at approximate position (d) Towing requirements. (1) Towing on 28°52′42″ N, 89°25′54″ W [NAD 83] and a hawser is not authorized, except that Lower Mississippi River mile marker one self-propelled vessel may tow one 96.0 in New Orleans, Louisiana. These other vessel without barges upbound; moving security zones encompass all (2) A towing vessel and barges must waters within 500 yards of a cruise ship. be arranged in tandem, except that one These zones remain in effect during the vessel may tow one other vessel along- entire transit of the vessel and con- side; tinue while the cruise ship is moored or (3) Length of tow must not exceed anchored. 1,180 feet; and (b) Regulations. (1) Entry of persons (4) Tows with a box end in the lead and vessels into these zones is prohib- must not exceed 400 feet in length. ited unless authorized as follows. NOTE: The variation in the draft and the (i) Vessels may enter within 500 yards beam of the barges in a multi-barge tow but not closer than 100 feet of a cruise should be minimized in order to avoid unnec- ship provided they operate at the min- essary strain on coupling wires. imum speed necessary to maintain a (e) Horsepower Requirement. (1) The safe course. following requirements apply to a tow- (ii) No person or vessel may enter ing vessel of 3,000 hp or less: within 100 feet of a cruise ship unless TABLE 165.811(e)—MINIMUM AVAILABLE expressly authorized by the Coast HORSEPOWER REQUIREMENT Guard Captain of the Port New Orleans [The greater value listed.] or his designated representative. (iii) Moored vessels or vessels an- Direction of tow Daytime (sunrise Nighttime (sunset chored in a designated anchorage area to sunset) to sunrise) are permitted to remain within 100 feet Upbound ...... 400hp or (Length 600hp or (Length of a cruise ship while it is in transit. of tow—300ft) × of tow—200ft) × (2) Vessels requiring entry within 500 3. 3. Downbound ...... 600hp or (Length 600hp or (Length yards of a cruise ship that cannot slow of tow—200ft) × of tow) × 3. to the minimum speed necessary to 3. maintain a safe course must request NOTE: A 5% variance from the available horsepower is express permission to proceed from the authorized. Captain of the Port New Orleans or his (2) All tows carrying cargoes of par- designated representative. ticular hazard as defined in § 160.203 of (3) For the purpose of this rule the this chapter must have available horse- term ‘‘cruise ship’’ is defined as a pas- power of at least 600 hp or three times senger vessel over 100 gross tons, car- the length of tow, whichever is greater. rying more than 12 passengers for hire, (f) Notice of Requirements. Notice that making a voyage lasting more than 24 these rules are anticipated to be put hours, any part of which is on the high into effect, or are in effect, will be seas, and for which passengers are em- given by: barked or disembarked in the United (1) Marine information broadcasts; States or its territories. (2) Notices to mariners; (4) The Captain of the Port New Orle- (3) Vessel Traffic Center advisories or ans will inform the public of the mov- upon vessel information request; and ing security zones around cruise ships via Marine Safety Information Broad- [CGD 90–020, 59 FR 36334, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, casts. 1995; CGD08–06–023, 72 FR 27741, May 17, 2007] (5) To request permission as required by these regulations contact ‘‘New Or- § 165.812 Security Zones; Lower Mis- leans Traffic’’ via VHF Channels 13/67 sissippi River, Southwest Pass Sea or via phone at (504) 589–2780 or (504) Buoy to Mile Marker 96.0, New Or- 589–6261. leans, LA. (6) All persons and vessels within the (a) Location. Within the Lower Mis- moving security zones shall comply sissippi River and Southwest Pass, with the instructions of the Captain of

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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 33 U.S.C. senger vessel over 100 gross tons, car- 1231, the authority for this section in- rying more than 12 passengers for hire, cludes 33 U.S.C. 1226. making a voyage lasting more than 24 [COTP New Orleans–02–005, 67 FR 61989, Oct. hours, any part of which is on the high 3, 2002] seas, and for which passengers are 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 security zones are established encom- ships via Marine Safety Information passing all waters within 500 yards of a Broadcasts. cruise ship between Galveston Bay Ap- (5) To request permission as required proach Lighted Buoy ‘‘GB’’, at approxi- by these regulations contact ‘‘Houston mate position 29°21′18″ N, 94°37′36″ W Traffic’’ via VHF Channels 11/12 or via [NAD 83] and up to, and including, phone at (713) 671–5103. Barbours Cut. These zones remain in (6) All persons and vessels within the effect during the inbound and outbound moving security zone shall comply entire transit of the cruise ship and with the instructions of the Captain of continues while the cruise ship is the Port Houston-Galveston and des- moored or anchored. ignated on-scene U.S. Coast Guard pa- (b) Regulations. (1) Entry of vessels or trol personnel. On-scene U.S. Coast persons into these zones is prohibited Guard patrol personnel include com- unless authorized as follows. missioned, warrant, and petty officers (i) Vessels may enter within 500 yards of the U.S. Coast Guard. but not closer than 100 yards of a cruise (c) Authority. In addition to 33 U.S.C. ship provided they operate at the min- 1231, the authority for this section in- imum speed necessary to maintain a cludes 33 U.S.C. 1226. safe course. (ii) No person or vessel may enter [COTP Houston-Galveston–02–010, 67 FR within 100 yards of a cruise ship unless 64048, Oct. 17, 2002] expressly authorized by the Coast Guard Captain of the Port Houston- § 165.814 Security Zones; Captain of the Port Houston-Galveston Zone. Galveston. Where the Houston Ship Channel narrows to 400 feet or less be- (a) Location. The following areas are tween Houston Ship Channel Entrance designated as security zones: Lighted Bell Buoy ‘‘18’’, light list no. (1) Houston, Texas. The Houston Ship 34385 at approximately 29°21′06″ N, Channel and all associated turning ba- 94°47′00″ W [NAD 83] and Barbours Cut, sins, bounded by a line drawn between the Captain of the Port Houston-Gal- Houston Ship Channel Light 132 veston may permit vessels that must (LLNR–24445) and Houston Ship Chan- transit the navigable channel between nel Light 133 (LLNR–24450) west to the these points to enter within 100 yards T & N Rail Road Swing Bridge at the of a cruise ship. entrance to Buffalo Bayou, including (iii) Moored vessels or vessels an- all waters adjacent to the ship channel chored in a designated anchorage area from shoreline to shoreline and the are permitted to remain within 100 first 200 yards of connecting water- yards of a cruise ship while it is in ways. transit. (2) Morgan’s Point, Texas. The (2) Vessels requiring entry within 500 Barbours Cut Ship Channel and Turn- yards of a cruise ship that cannot slow ing Basin containing all waters west of to the minimum speed necessary to a line drawn between Junction Light maintain a safe course must request ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ W

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(LLNR–23525), and Houston Ship Chan- Traffic’’ via VHF Channels 11/12 or by nel Light 91, 29°41′00″ N, 94°59′00″ W phone at (713) 671–5103. (LLNR–23375) (NAD 1983). (4) All persons and vessels shall com- (3) Bayport, TX. The Port of Bayport, ply with the instructions of the Cap- Bayport Ship Channel and Bayport tain of the Port Houston-Galveston and Turning Basin containing all waters designated on-scene U.S. Coast Guard south of latitude 28°36′45″ N and west of patrol personnel. On-scene U.S. Coast Bayport Ship Channel Light 9 (LLNR– Guard patrol personnel include com- 23295) (NAD 1983). missioned, warrant, and petty officers (4) Texas City, Texas. The Port of of the U.S. Coast Guard. Texas City Channel, Turning Basin and [COTP Houston-Galveston–02–009, 67 FR Industrial Canal containing all waters 23593, May 5, 2003] bounded by the area south and west of a line drawn from Texas City Channel § 165.815 Ohio River at Louisville, KY; Light 19 (LLNR 24810) through Cut B regulated navigation area. Inner Range Front Light (LLNR 24765) (a) The following is a regulated navi- and terminating on land in position gation area: The waters of the Ohio 29°23′16″ N, 94°53′15″ W (NAD 1983). River from the Clark Memorial (High- (5) Freeport, Texas. (i) The Dow Barge way) Bridge at Mile 603.5, downstream Canal containing all waters bounded by to McAlpine Dam at Mile 604.4. its junction with the Intracoastal Wa- (b) The general regulations governing terway, by a line drawn between the regulated navigation area contained in eastern point at latitude 28°56′48″ N, 33 CFR part 165, subpart B apply. 95°18′20″ W, and the western point at (c) No pleasure or fishing craft shall 28°56′40″ N, 95°18′33″ W (NAD 1983). be operated within the regulated navi- (ii) The Brazos Harbor containing all gation area at any time without prior waters west of a line drawn between permission of the Captain of the Port, the northern point at 28°56′27″ N, Louisville, Kentucky, except in case of 95°20′00″ W, and the southern point emergency and except for passage 28°56′09″ N, 95°20′00″ W (NAD 1983) at its through McAlpine Lock. junction with the Old Brazos River [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- Cut. ignated by CGD 96–026, 61 FR 33669, June 28, (b) Effective dates. This section is ef- 1996] fective on April 15, 2003. (c) Regulations. (1) Entry of into these § 165.817 Arkansas River, Mile 118.2 to zones is prohibited except for the fol- 125.4, Little Rock Arkansas—regu- lowing: lated navigation area. (i) Commercial vessels operating at (a) Location. The following is a regu- waterfront facilities within these lated navigation area (RNA): The wa- zones; ters of the Arkansas River between (ii) Commercial vessels transiting di- mile 118.2 and mile 125.4. rectly to or from waterfront facilities (b) Regulations. Transit of the RNA within these zones; is limited during periods of high veloc- (iii) Vessels providing direct oper- ity flow, defined as the flow rate of ational/logistic support to commercial 70,000 cubic feet per second or more at vessels within these zones; the Murray Lock and Dam at mile (iv) Vessels operated by the appro- 125.4. The flow rate at this location is priate port authority or by facilities calculated by the U.S. Army Corps of located within these zones; and Engineers on a regular and routine (v) Vessels operated by federal, state, basis. This information will be distrib- county, or municipal agencies. uted by announcements by Coast (2) Other persons or vessels requiring Guard Marine Information Broadcasts, entry into a zone described in this sec- publication in Coast Guard Local No- tion must request express permission tice to Mariners, and telephone or to enter from the Captain of the Port radio contact with the Lockmaster at Houston-Galveston, or designated rep- Murray Lock and Dam. resentative. (c) Transit of the RNA during periods (3) To request permission as required of high velocity flow may only occur by these regulations contact ‘‘Houston under the following conditions:

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(1) Vessels may not meet or pass in mission is granted, all persons and ves- the RNA. sels must comply with the instructions (2) No vessel shall anchor, stop, re- of the Captain of the Port Pittsburgh main or drift without power at any or his designated representative. time in the RNA. (c) Authority. In addition to 33 U.S.C. (3) All vessels shall continually mon- 1231, the authority for this section in- itor VHF-FM channel 13 on their radio- cludes 33 U.S.C. 1226. telephone while in or approaching the [COTP Pittsburgh–02–005, 67 FR 40163, June RNA. 12, 2002] (4) Prior to entering the RNA, downbound vessels shall make a broad- § 165.821 Ohio River at Cincinnati, OH; cast in the blind on VHF-FM channel regulated navigation area. 13 announcing their estimated time of (a) Location. The following is a regu- departure from Murray Lock and Dam lated navigation area (RNA)—The wa- or from the mooring cells at mile 121.5 ters of the Ohio River between mile to ensure there are no upbound vessels 466.0 and mile 473.0. within the RNA. If there is upbound (b) Activation. The restrictions in traffic within the RNA, the downbound paragraphs (c) (1) through (4) are in ef- vessel shall not depart until the fect from one-half hour before sunset upbound vessel has passed through the to one-half hour after sunrise when the RNA. After departing, vessels will pro- Cincinnati, Ohio, Ohio River Gauge is ceed through the RNA, including all at or above the 45 foot level. The Cap- drawbridges located therein, without tain of the Port, Louisville, Kentucky delay. will publish a notice in the Local No- (5) When upbound vessels reach mile tice to Mariners and will make an- 116, they shall make a broadcast in the nouncements by Coast Guard Marine blind on VHF-FM channel 13 announc- Information Broadcasts whenever the ing their estimated arrival time at the river level measured at the gauge acti- Rock Island Railroad Bridge at mile vates or terminates the navigation re- 118.2. strictions in this section. (6) When a downbound vessel is al- (c) Regulations. (1) Transit through ready in the RNA, an upbound vessel the RNA by all downbound vessels tow- shall adjust its speed so as to avoid a ing cargoes regulated by Title 46 Code meeting situation in the RNA. of Federal Regulations Subchapters D (d) Refer to 33 CFR 117.123 for draw- and O with a tow length exceeding 600 bridge operation regulations. feet excluding the tow boat is prohib- [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- ited. ignated by CGD 96–026, 61 FR 33669, June 28, (2) No vessel shall loiter, anchor, 1996] stop, remain or drift without power at any time within the navigation chan- § 165.820 Security Zone; Ohio River nel of the RNA. Mile, 34.6 to 35.1, Shippingport, (3) All commercial vessels shall con- Pennsylvania. tinually monitor VHF-FM channel 13 (a) Location. The following area is a on their radiotelephone while in or ap- security zone: The waters of the Ohio proaching the RNA. River, extending 200 feet from the (4) Between Ohio River miles 464.0 shoreline of the left descending bank and 466.0, downbound vessels shall beginning from mile marker 34.6 and make a broadcast in the blind, on VHF- ending at mile marker 35.1. FM channel 13 announcing their esti- (b) Regulations. (1) Entry into or re- mated time of entering the RNA. maining in this zone is prohibited un- [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- less authorized by the Coast Guard designated by CGD 97–023, 62 FR 33365, June Captain of the Port, Pittsburgh. 19, 1997, as amended by USCG–1998–3799, 63 (2) Persons and vessels desiring to FR 35533, June 30, 1998] transit the area of the security zone may contact the Captain of the Port § 165.825 Security Zones; Captain of Pittsburgh at telephone number 412– the Port St. Louis, Missouri. 644–5808 or on VHF channel 16 to seek (a) Location. The following areas are permission to transit the area. If per- security zones:

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(1) Fort Calhoun Nuclear Power Station nel unless expressly authorized by the Security Zone, Fort Calhoun, Nebraska— Captain of the Port St. Louis or des- all waters of the Missouri River, ex- ignated representative. tending 75 feet from the shoreline of (3) Persons or vessels requiring the the right descending bank beginning Captain of the Port St. Louis’ permis- from mile marker 645.6 and ending at sion to enter the security zones must mile marker 646.0. contact the Coast Guard Sector Upper (2) Cooper Nuclear Station Security Mississippi River at telephone number Zone, Brownville, Nebraska—all waters 319 524–7511 or on VHF marine channel of the Missouri River, extending 250 16 or Marine Safety Detachment Quad feet from the shoreline of the right de- Cities at telephone number 309 782–0627 scending bank beginning from mile or the Captain of the Port, St. Louis at marker 532.5 and ending at mile mark- telephone number 314 539–3091, ext. 3500 er 532.9. in order to seek permission to enter (3) Quad Cities Generating Station Se- the security zones. If permission is curity Zone, Cordova, Illinois—all waters granted, all persons and vessels must of the Upper Mississippi River, extend- comply with the instructions of the ing 300 feet from the shoreline of the Captain of the Port, St. Louis or des- left descending bank beginning from ignated representative. mile marker 506.3 and ending at mile (4) Designated representatives are marker 507.3. commissioned, warrant, and petty offi- (4) Prairie Island Nuclear Generating cers of the U.S. Coast Guard. Facility Security Zone, Welch, Min- (c) Authority. In addition to 33 U.S.C. nesota—all waters of the Upper Mis- 1231, the authority for this section in- sissippi River, extending 300 feet from cludes 33 U.S.C. 1226. the shoreline of the right descending bank beginning from mile marker 798.0 [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, and ending at 798.3. 2002] (5) Clinton Power Station Security Zone, Clinton, Illinois—all waters of § 165.830 Regulated Navigation Area; Lake Clinton in Dewitt County in East Reporting Requirements for Barges Loaded with Certain Dangerous Central Illinois bounded by a dam con- Cargoes, Inland Rivers, Eighth structed near the confluence of Salt Coast Guard District. Creek River mile 56 and the north fork of Salt Creek. The zone extends out 600 (a) Regulated Navigation Area. The fol- feet from shore. Boundaries of the zone lowing waters are a regulated naviga- begin at 40°10′30″ N, 88°50′30″ W; thence tion area (RNA): the Mississippi River east to 40°10′30″ N, 88°49′55″ W; thence above mile 235.0, Above Head of Passes, south to 40°10′15″ N, 88°49′55″ W; thence including all its tributaries; the west to 40°10′15″ N, 88°50′30″ W; thence Atchafalaya River above mile 55.0, in- returning north to the origin. These cluding the Red River; the Ohio River coordinates are based upon [NAD 83]. and all its tributaries; and the Ten- (b) Regulations. (1) Entry into these nessee River from its confluence with security zones is prohibited unless au- the Ohio River to mile zero on the Mo- thorized by the Coast Guard Captain of bile River and all other tributaries be- the Port, St. Louis or designated rep- tween these two rivers. resentative. (b) Applicability. This section applies (2) The Ft. Calhoun and Cooper secu- to towing vessel operators and fleeting rity zones include a portion of the nav- area managers responsible for CDC igable channel of the Missouri River. barges in the RNA. This section does All vessels that may safely navigate not apply to: outside of the channel are prohibited (1) Towing vessel operators respon- from entering the security zone with- sible for barges not carrying CDCs out the express permission of the Cap- barges, or tain of the Port St. Louis or designated (2) Fleet tow boats moving one or representative. Vessels that are re- more CDC barges within a fleeting quired to use the channel for safe navi- area. gation are authorized entry into the (c) Definitions. As used in this sec- zone but must remain within the chan- tion—

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Barge means a non-self propelled ves- Eighth Coast Guard District means the sel engaged in commerce, as set out in Coast Guard District as set out in 33 33 CFR 160.204. CFR 3.40–1. 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. Fleet tow boat means any size vessel (2) Division 1.5D blasting agents for that is used to move, transport, or de- which a permit is required under 49 liver a CDC barge within a fleeting CFR 176.415 or, for which a permit is re- area. quired as a condition of a Research and Inland River Vessel Movement Center Special Programs Administration ex- or (IRVMC) means the Coast Guard of- emption. fice that is responsible for collecting (3) Division 2.3 ‘‘poisonous gas’’, as the information required by this sec- listed in 49 CFR 172.101 that is also a tion. ‘‘material poisonous by inhalation’’ as Towing vessel means any size vessel defined in 49 CFR 171.8, and that is in a that is used to move, transport, or de- quantity in excess of 1 metric ton per liver a CDC barge to a fleet or facility barge. that is located in a different port than (4) Division 5.1 oxidizing materials where the voyage originated. for which a permit is required under 49 Towing vessel operator means the Cap- CFR 176.415 or, for which a permit is re- tain or pilot who is on watch on board quired as a condition of a Research and a towing vessel. Special Programs Administration ex- Upbound means the tow is traveling emption. against the current. (5) A liquid material that has a pri- (d) Regulations. The following must mary or subsidiary classification of Di- report to the Inland River Vessel Move- vision 6.1 ‘‘poisonous material’’ as list- ment Center (IRVMC): 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 165.830(f), in paragraph (f) of this sec- barge when not in a bulk packaging. tion, to the IRVMC: (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 more CDC barges, in which case the (iv) Crotonaldehyde, towing vessel operator shall submit the (v) Ethylene chlorohydrin, required report to the IRVMC as soon (vi) Ethylene dibromide, as possible after receiving orders to (vii) Methacrylonitrile, make up a tow with one or more CDC (viii) Oleum (fuming sulfuric acid), barges; and (iii) Upon dropping off one or more (ix) Propylene oxide. CDC barges at a fleeting area or facil- CDC barge means a barge containing ity; CDCs or CDC residue. (iv) Upon picking up one or more ad- Downbound means the tow is trav- ditional CDC barges from a fleeting eling with the current. area or facility;

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(v) At designated reporting points, (iii) L&D 8 set forth in paragraph (e) of this sec- (iv) L&D 11 tion; (v) L&D 14 (vi) When the estimated time of ar- (vi) L&D 18 (vii) L&D 21 rival (ETA) to a reporting point varies (viii) L&D 25 by 6 hours from the previously reported (ix) Arriving Melvin Price L&D ETA; (downbound) (vii) Any significant deviation from (x) Departing Melvin Price L&D (upbound) previously reported information; (xi) M 150.0–145.0 (viii) Upon departing the RNA with (xii) M 66.0–61.0 one or more CDC barges; and (3) Missouri River (MOR), between Mile (ix) When directed by the IRVMC. Markers (M): (i) M 54.0–56.0 (2) The fleeting area manager respon- (ii) M 115.0–117.0 sible for one or more CDC barges in the (iii) M 208.0–210.0 RNA must report all the information (iv) M 326.0–328.0 items specified in table 165.830(g), in (v) M 397.0–399.0 paragraph (g) of this section, to the (vi) M 487.0–489.0 IRVMC: (vii) M 572.0–574.0 (i) Once daily, report all CDC barges (viii) M 652.0–654.0 (ix) M 745.0–750.0 within the fleeting area; (4) Illinois River (ILR), at Mile Marker (M) (ii) Upon moving one or more CDC and Lock & Dam (L&D), as indicated: barges within a fleeting area by a fleet (i) M 0.0 tow boat; (ii) Departing New LaGrange L&D (iii) Any significant deviation from (iii) M 140.0 previously reported information; and (iv) M 187.2 (Entering & Exiting RNA) (iv) When directed by the IRVMC. (5) Ohio River, between Mile Markers (M) (3) Reports required by this section and at Lock & Dam (L&D), as indicated: (i) M 950.0–952.0 may be made by a company representa- (ii) Arriving Smithland L&D tive or dispatcher on behalf of the (iii) M 826.0–828.0 fleeting area manager. (iv) M 748.0–750.0 (4) Reports required by this section (v) M 673.0–675.0 must be made to the IRVMC either by (vi) M 628.0–630.0 telephone to (866) 442–6089, by fax to (vii) M 556.0–559.0 (866) 442–6107, or by e-mail to (viii) M 511.0–513.0 (ix) Departing Capt Anthony Meldahl L&D [email protected]. A reporting form (x) Arriving Greenup L&D (upbound) and e-mail link are available at http:// (xi) Departing Greenup L&D (downbound) www.uscg.mil/d8/Divs/M/IRVMC.htm. (xii) Departing Robert C. Byrd L&D (5) The general regulations contained (upbound) in 33 CFR 165.13 apply to this section. (xiii) Arriving Robert C. Bryd L&D (e) Eighth Coast Guard District Inland (downbound) River RNA Reporting points. Towing ves- (xiv) Departing Belleville L&D (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 IRVMC at each indicated: point listed in this paragraph (e): (i) Departing L&D 4 (upbound) (1) Lower Mississippi River (LMR), between (ii) Arriving L&D 4 (downbound) Mile Markers (M): (7) Monongahela River Departing Lock & (i) M 235.0–240.0 (Entering & Exiting RNA) Dam (L&D): (ii) M 338.0–343.0 (i) Grays Landing L&D (iii) M 430.0–435.0 (ii) L&D 3 (iv) M 520.0–525.0 (8) Kanawha River, at Lock & Dam (L&D), as (v) M 621.0–626.0 indicated: (vi) M 695.0–700.0 (i) Arriving Winfield L&D (upbound) (vii) M 772.0–777.0 (ii) Departing Winfield L&D (downbound) (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

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(10) Tennessee River, between Mile Markers (i) Claiborne L&D (M) and when Departing Lock & Dam (ii) Henry L&D (L&D), unless otherwise indicated: (15) McClellan-Kerr Arkansas River Naviga- (i) Fort Loudon L&D tion System, when Departing Lock & (ii) Watts Bar L&D Dam (L&D), unless otherwise indicated: (iii) Departing Chickamauga L&D (i) Chouteau L&D (upbound) (ii) W.D. Mayo L&D (iv) Arriving Chickamauga L&D (iii) Ozark-Jeta Taylor L&D (downbound) (iv) L&D 9 (v) Nickajack L&D (v) Arriving David D. Terry L&D (upbound) (vi) Gunterville L&D (vi) Departing David D. Terry L&D (vii) General Joe Wheeler L&D (downbound) (viii) Pickwick Landing L&D (vii) L&D 2 (ix) M 122.0–124.0 (16) Red River, between Mile Markers (M) (x) Kentucky L&D and when Departing Lock & Dam (L&D): (11) Tennessee-Tombigbee River, between (i) L.C. Boggs L&D Mile Markers (M) and when Departing (ii) Lock 3 Lock & Dam (L&D): (iii) M 178.0–180.0 (i) Lock D (17) Atchafalaya River, at Mile Marker (M): (ii) Aberdeen L&D (i) 55.0 (Entering & Exiting RNA) (iii) Aliceville L&D (ii) [Reserved] (iv) M 202.0–203.0 (f) Information to be reported to the (v) Coffeeville L&D IRVMC by towing vessel operators. With (12) Mobile River, at Mile Marker (M): the exception noted in paragraph (i) 0.0 (Entering & Exiting RNA) (d)(1)(ii) of this section, towing vessel (ii) [Reserved] operators responsible for one or more (13) Black Warrior River, when Departing L&D: CDC barges in the RNA must report all (i) Holt L&D the information required by this sec- (ii) [Reserved] tion as set out in table 165.830(f) of this (14) Alabama River, when Departing L&D: paragraph.

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) X X ) X 1 PERATORS arrival O tination of CDC barge cluding esti- (fleeting area or facility), in- cation of des- Name and lo- mated time of ESSEL ...... X ...... V or facility Estimated time of de- OWING parture from fleeting area T BY ) ...... ) ...... ( ...... X 1 1 board of CDC on- IRVMC Type, name and amount ) ( 1 ber Barge(s) name and official num- EPORTED TO THE R E B Name of O vessel moving barge(s) T contact number 24-hour NFORMATION )—I F 165.830( ABLE T If changed. CDC barge...... X X X CDC X X in the RNA with one or more CDC barges; but see exception in paragraph (d)(1)(ii) of this section at a fleeting area or facility CDC barges from a fleeting area or facility ...... 165.830(e) ...... hours from previously reported ETA ...... X ...... ( ...... X ported information (all that apply) ...... X barge(s) X ...... X ...... X ...... X X ( X X X ...... X ...... X X X X X X X X X ...... X X 1 (1) Upon point of entry into the RNA with a (2) 4 hours before to originating a voyage with- (3) Upon dropping off one or more CDC barges (4) Upon picking up one or more additional (5) At designated reporting points in table (6) When ETA to a reporting point varies by 6 (7) Any significant deviation from previously re- (8) Upon departing the RNA with a CDC (9) When directed by the IRVMC ...... X X X X X X X X

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

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

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

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

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

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Guard representative, request permis- (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a sion to conduct such action, and re- point at 45°49′12″ N, 85°04′48″ W; then to ceive authorization from the on-scene a point at 45°45′42″ N, 85°08′42″ W; then Coast Guard representative prior to to the point of beginning. initiating such action. The on-scene (c) Regulations. The COTP, Sault Ste. Coast Guard representative may be Marie, will close and open these regu- contacted on VHF-FM channel 16. lated navigation areas as ice conditions (5) All persons and vessels authorized dictate. Under normal seasonal condi- to enter into this security zone must tions, only one closing each winter and obey any direction or order of the Cap- one opening each spring are antici- tain of the Port or designated rep- pated. Prior to the closing or opening resentative. The Captain of the Port of the regulated navigation areas, the Mobile may be contacted by telephone COTP will give interested parties, in- at (251) 441–5976. The on-scene Coast cluding both shipping interests and is- Guard representative may be contacted land residents, not less than 72 hours on VHF-FM channel 16. notice of the action. No vessel may (6) All persons and vessels shall com- navigate in a regulated navigation area ply with the instructions of the Cap- which has been closed by the COTP. tain of the Port Mobile and designated Under emergency conditions, the COTP on-scene U.S. Coast Guard patrol per- may authorize specific vessels to navi- sonnel. On-scene Coast Guard patrol gate in a closed regulated navigation personnel include commissioned, war- area. rant, and petty officers of the U.S. [CGD 79–034, 47 FR 29660, July 8, 1982, as Coast Guard. amended by CGD 79–026, 48 FR 35408, Aug. 4, [COTP Mobile–04–057, 70 FR 20813, Apr. 22, 1983] 2005] § 165.902 Niagara River at Niagara NINTH COAST GUARD DISTRICT Falls, New York—safety zone. (a) The following is a safety zone— § 165.901 Great Lakes—regulated navi- The United States waters of the Niag- gation areas. ara River from the crest of the Amer- (a) Lake Huron. The following are ican and Horseshoe Falls, Niagara regulated navigation areas: Falls, New York to a line drawn across (1) The waters of Lake Huron known the Niagara River from the down- as South Channel between Bois Blanc stream side of the mouth of Gill Creek Island and Cheboygan, Michigan; to the upstream end of the breakwater bounded by a line north from at the mouth of the Welland River. Cheyboygan Crib Light (LL–1340) at 45°39′48″ N, 84°27′36″ W; to Bois Blanc Is- § 165.903 Safety Zones: Cuyahoga land at 45°43′42″ N, 84°27′36″ W; and a River and Old River, Cleveland, OH. line north from the mainland at (a) Location. The waters of the Cuya- 45°43′00″ N, 84°35′30″ W; to the western hoga River and the Old River extending tangent of Bois Blanc Island at 45°48′42″ ten feet into the river at the following N, 84°35′30″ W. eleven locations, including the adja- (2) The waters of Lake Huron be- cent shorelines, are safety zones, co- tween Mackinac Island and St. Ignace, ordinates for which are based on NAD Michigan, bounded by a line east from 83. position 45°52′12″ N, 84°43′00″ W; to (1) From the point where the shore- Mackinac Island at 45°52′12″ N, 84°39′00″ line intersects longitude 81°42′24.5″ W, W; and a line east from the mainland which is the southern side of the Nor- at 45°53′12″ N, 84°43′30″ W; to the north- folk and Southern No. 1 railroad ern tangent of Mackinac Island at bridge, southeasterly along the shore 45°53′12″ N, 84°38′48″ W. for six hundred (600) feet to the point (b) Lake Michigan. The following is a where the shoreline intersects lon- regulated navigation area—The waters gitude 81°42′24.5″ W, which is the Holy of Lake Michigan known as Gray’s Moses Water Taxi Landing at Fado’s Reef Passage bounded by a line from Restaurant. Gray’s Reef Light (LL–2006) at 45°46′00″ (2) One hundred (100) feet downriver N, 85°09′12″ W; to White Shoals Light to one hundred (100) feet upriver from

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41 degrees 29′53.5″ N, 81 degrees 42′33.5″ cordance with the general regulations W, which is the knuckle on the north in § 165.23 of this part. side of the Old River entrance at On- (2) Exceptions. Any vessel may tran- tario Stone. sit, but not moor, stand or anchor in, (3) Fifty (50) feet downriver to fifty the foregoing zones as necessary to (50) feet upriver from 41 degrees 29′48.4″ comply with the Inland Navigation N, 81 degrees 42′44″ W, which is the Rules or to otherwise facilitate safe knuckle adjacent to the Ontario Stone navigation. Cargo vessels of 1600 gross warehouse on the south side of the Old tons (GT) or greater may moor in these River. zones when conducting cargo transfer (4) From 41 degrees 29′51.1″ N, 81 de- operations. grees 42′32.0″ W, which is the corner of (3) Waivers. Owners or operators of Christie’s Cabaret pier at Sycamore docks wishing a partial waiver of these Slip on the Old River, to fifty (50) feet regulations may apply to the Captain east of 41 degrees 29′55.1″ N, 81 degrees of the Port, Cleveland, Ohio. Partial 42′27.6″ W, which is the north point of waivers will only be considered to the pier at Shooter’s Restaurant on the allow for the mooring of vessels in a Cuyahoga River. safety zone when vessels of 1600 GT on (5) Twenty-five (25) feet downriver to greater are not navigating in the proxi- twenty-five (25) feet upriver of 41 de- mate area. Any requests for a waiver grees 29′48.9″ N, 81 degrees 42′10.7″ W, must include a plan to ensure imme- which is the knuckle toward the diate removal of any vessels moored in downriver corner of the Nautica Stage. a safety zone upon the approach of a (6) Ten (10) feet downriver to ten (10) vessel(s) 1600 GTs or greater. feet upriver of 41 degrees 29′45.5″ N, 81 ′ ″ [COTP Cleveland REG 89–01, 54 FR 9778, Mar. degrees 42 9.7 W, which is the knuckle 8, 1989, as amended by CGD 09–95–018, 61 FR toward the upriver corner of the 37685, July 19, 1996; USCG–2000–7223, 65 FR Nautica Stage. 40059, June 29, 2000; USCG–2001–9286, 66 FR (7) The fender on the west bank of 33642, June 25, 2001] the river at 41 degrees 29′45.2″ N, 81 degrees 42.10″ W, which is the knuckle at § 165.904 Lake Michigan at Chicago Bascule Bridge (railroad). Harbor & Burnham Park Harbor— (8) The two hundred seventy (270) Safety and Security Zone. foot section on the east bank of the (a) Location. All waters, waterfront river between the Columbus Road facilities, and shoreline areas within bridge (41 degrees 29′18.8″ N, 81 degrees 1000 yards of the shoreline surrounding 42′02.3W) downriver to the chain link Merrill C. Meigs Airfield constitute a fence at the upriver end of the Com- safety and security zone. This includes modores Club Marina. all waters including Burnham Park (9) Fifty (50) feet downriver of twen- Harbor and the southern part of Chi- ty-five (25) feet upriver from 41 degrees cago Harbor, Lake Michigan, bounded 29′24.5″ N, 81 degrees 41′57.2″ W, which is by the following coordinates: the knuckle at the Upriver Marine fuel (1) Northwest point: 41°52′33″ N, pump. 87°36′58″ W (10) Seventy-five (75) feet downriver (2) Northeast point: 41°52′33″ N, to seventy-five (75) feet upriver from 41 87°35′41″ W degrees 29′33.7″ N, 81 degrees 41′57.5″ W. (3) Southeast point: 41°50′42″ N, which is the knuckle adjacent to the 87°35′41″ W warehouse at Alpha Precast Products (4) Southwest point: 41°50′42″ N, (United Ready Mix). 87°36′33″ W (11) Fifteen (15) feet downriver to fif- (5) From the southwest point, north teen (15) feet upriver from 41 degrees along the Lake Michigan shoreline, in- 29′41″ N, 81 degrees 41′38.6″ W, which is cluding Burnham Park Harbor, to the the end of the chain link fence between northwest point. The Club Mega and Shippers C & D. (b) Effective times and dates. This safe- (b) Regulations—(1) General Rule. Ex- ty and security zone will be in effect at cept as provided below, entry of any various times to be published in the kind or for any purpose into the fore- Coast Guard Local Notice to Mariners going zones is strictly prohibited in ac- or broadcasted via Marine Radio VHF-

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FM Channels 16 & 22. These times will § 165.906 Lakeside Yacht Club in include the actual effective time and Cleveland Harbor, Cleveland, OH— date and the termination time and regulated navigation areas. date. (a) Restricted Areas. The following are (c) Restrictions. (1) In accordance with areas inside Cleveland Harbor which the general regulations in section are subject to navigational restrictions 165.23 and 165.33 of this part, entry into based on the height of vessel masts as this zone is prohibited, unless author- specified in paragraph (b) of this sec- ized by the U.S. Coast Guard Captain of tion. For the purpose of this section, the Port Lake Michigan, or the U.S. the term ‘‘mast’’ will be used to in- Secret Service. Other general require- clude masts, antennae or any other ments in §§ 165.23 and 165.33 also apply. portion of the vessel extending above Further, no person may enter or re- the waterline. All of these areas are in- main in the shoreline areas of the es- side the ‘‘Lakeside Yacht Club en- tablished safety and security zone, un- trance channel,’’ defined as the water less cleared by a Coast Guard or U.S. area between the Lakeside Yacht Club Secret Service official. jetties and the Burke Lakefront Air- (2) Vessels in Burnham Park Harbor port landfill, or inside the ‘‘Lakeside at the commencement of the safety and Yacht Club docks,’’ defined as the security zone must be moored and re- docking area inside the Lakeside Yacht main moored while the safety and secu- Club jetties and immediately adjacent rity zone is established, unless author- to Lakeside Yacht Club. ized to get underway by a Coast Guard or U.S. Secret Service official. (1) Restricted area no. 1. Restricted (3) No person may engage in swim- area no. 1 is the water area on the ming, snorkeling, or diving within the southwest end of the Lakeside Yacht established safety and security zone, Club entrance channel which is south- ° except with the permission of the Cap- west of a line running 328 T and north- ° tain of the Port or U.S. Secret Service. west of a line running 232 T from a point at 41°31′28.00″ N, 81°40′02.60″ W, [CGD09–94–005, 59 FR 45227, Sept. 1, 1994] which point is marked by a fixed flashing yellow light. § 165.905 USX Superfund Site Safety Zones: St. Louis River. (2) Restricted area no. 2. Restricted area no. 2 is the water area of the (a) The following areas of the St. Lakeside Yacht Club entrance channel Louis River, within the designated which is outside restricted area no. 1 boxes of latitude and longitude, are and the entrance to the Yacht Club safety zones: docking area, and southwest of a line (1) Safety Zone #1 (North Spirit Lake): running 328° T from the intersection of North Boundary: 46°41′33″ W 81°39′58.47″ W and reference line run- South Boundary: 46°41′18″ W ning between point A at 41°31′33.45″ N, East Boundary: 92°11′53″ W 81°39′47.45″ W and point B at 41°31′19.67″ West Boundary: 92°12′11″ W N, 81°40′19.17″ W. (2) Safety Zone #2 (South Spirit Lake): (3) Restricted area no. 3. Restricted area no. 3 is the water area of the ° ′ ″ North Boundary: 46 40 45 N Lakeside Yacht Club entrance channel South Boundary: 46°40′33″ N East Boundary: 92°11′40″ W which is outside restricted area no. 1, West Boundary: 92°12′05″ W and southwest of a line running 328° T from point A at 41°31′33.45″ N., (b) Transit of vessels through the wa- 81°39′47.45″ W. ters covered by these zones is prohib- (4) Restricted area no. 4. Restricted ited. Swimming (including water ski- area no. 4 is the area inside the Lake- ing or other recreational use of the side Yacht Club docks which is south- water which involves a substantial risk west of a line running 328° T from the of immersion in the water) or taking of intersection of 81°39′58.47″ W and a ref- fish (including all forms of aquatic ani- erence line running between point A at mals) from the waters covered by these 41°31′33.45″ N, 81°39′47.45″ W and point B safety zones is prohibited at all times. at 41°31′19.67″ N, 81°40′19.17″ W, and [CGD09–95–026, 60 FR 52862, Oct. 11, 1995] northwest of the same reference line.

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(5) Restricted area no. 5. Restricted (1) Obtain clearance from the Burke area no. 5 is the area inside the Lake- Lakefront Air Traffic Control Tower side Yacht Club docks which is outside before navigating through the re- restricted area 4 and northwest of a stricted area(s); line 183 feet southeast and parallel to a (2) Navigate promptly through the reference line running between point A area(s) at a safe and practical speed. at 41°31′33.45″ N, 81°39′47.45″ W and point Navigation at a safe and practical B at 41°31′19.67″ N, 81°40′19.17″ W. speed includes brief stops at the fueling (6) Restricted area no. 6. Restricted dock inside restricted area 3 by vessels area no. 6 is the area inside the Lake- with masts between 63 and 95 feet in side Yacht Club docks which is outside height; and restricted areas 4 and 5. (3) Promptly inform the Burke Lake- (b) Restrictions applicable to vessels of front Air Traffic Control Tower after certain heights. Vessels with masts of clearing the restricted area(s), or of certain heights are subject to the fol- any difficulty preventing prompt clear- lowing restrictions with reference to ance. The Burke Lakefront Air Traffic the restricted areas detailed in para- Control Tower may be contacted on graph (a) of this section. The height of marine radio channel 14, or by tele- a vessel is the height above the water phone at (216) 781–6411 except as noted line of masts, antennas, navigational during the suspended hours listed in equipment, or any other structure. paragraph (d) of this section. The radio (1) Less than 41 feet. Vessels less than and telephone will be manned when the 41 feet in height are not subject to any instrument guided approach system is restrictions under this section. being utilized. (2) 41 to 45 feet. Vessels at least 41 feet (4) Clearance may also be obtained in height yet less than 45 feet in height for longer periods or for groups of ves- may not enter restricted area 1. sels when arranged in advance with (3) 45 to 53 feet. Vessels at least 45 feet Burke Lakefront Airport by any appro- in height yet less than 53 feet in height priate means of communication, in- may not enter restricted area 1 and cluding a prior written agreement. must comply with the clearance proce- (d) Enforcement of clearance require- dures prescribed in paragraph (c) when ments. The clearance procedures speci- navigating through restricted area 2. fied in paragraph (c) of this section will (4) 53 to 63 feet. Vessels at least 53 feet not be enforced during the following in height yet less than 63 feet in height times: may not enter restricted area 1, must (1) 11:00 p.m. n Fridays to 7:00 a.m. on comply with the clearance procedures Saturdays. prescribed in paragraph (c) of this sec- (2) 11:00 p.m. on Saturdays to 8:00 tion when navigating through re- a.m. on Sundays. stricted area 2, and may not dock in or (3) 12:00 midnight Sunday nights to enter restricted area 4 at any time. 7:00 a.m. on Mondays. (5) 63 to 95 feet. Vessels at least 63 feet (e) Enforcement. This section will not in height yet less than 95 feet in height be enforced during any period in which may not enter restricted area 1, must the Federal Aviation Administration comply with the clearance procedures withdraws approval for operation of an prescribed in paragraph (c) of this sec- instrument-only approach to runway 24 tion when navigating through re- on the northeast end of Burke Lake- stricted areas 2 or 3, and may not dock front Airport. in or enter restricted areas 4 or 5 at any time. [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] (6) 95 feet or more. Vessel 95 feet or more in height may not enter any re- § 165.907 Safety Zones: Annual fire- stricted area, 1 through 6, at any time. works events in the Captain of the Port Detroit Zone. (c) Clearance procedures. Except during the times specified in paragraph (a) Safety Zones. The following areas (d), operators of vessels subject to are designated safety zones: these procedures must do the fol- (1) Bay-Rama Fishfly Festival, New lowing: Baltimore, MI:

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(i) Location. All waters off New Balti- (ii) Expected Date. One day in the first more City Park, Lake St. Clair—An- week of July. chor Bay bounded by the arc of a circle (8) City of Wyandotte Fireworks, Wyan- with a 300-yard radius with its center dotte, MI: located at approximate position 42°41′ (i) Location. The waters off the N, 082°44′ W (NAD 1983). breakwall between Oak & Van Alstyne (ii) Expected date. One day early in St., Detroit River bounded by the arc June. of a circle with a 300-yard radius with (2) Jefferson Beach Marina Fireworks, its center in approximate position St. Clair Shores, MI: 42°12′ N, 083°09′W (NAD 1983). (i) Location. All waters of Lake St. (ii) Expected date. One day in the first Clair within a 300-yard radius of the week of July. fireworks barge in approximate posi- (9) Grosse Pointe Farms Fireworks, tion 42°32′ N, 082°51′ W (NAD 1983), Grosse Pointe Farms, MI: about 1000 yards east of Jefferson (i) Location. All waters of Lake St. Beach Marina. Clair within a 300-yard radius of the (ii) Expected date. One day in the last fireworks barge in approximate posi- week of June. tion 42°23′ N, 082°52′ W (NAD 1983), (3) Sigma Gamma Assoc., Grosse Pointe about 300 yards east of Grosse Pointe Farms, MI: Farms. (i) Location. The waters off Ford’s (ii) Expected date. One day in the first Cove, Lake St. Clair bounded by the week of July. arc of a circle with a 300-yard radius (10) Caseville Fireworks, Caseville, MI: with its center in approximate position (i) Location. The waters off the 42°27′ N, 082°52′ W (NAD 1983). Caseville breakwall, Saginaw River (ii) Expected date. One day in the last bounded by the arc of a circle with a week of June. 300-yard radius with its center in ap- (4) Lake Erie Metro Park Fireworks—(i) proximate position 43°55′ N, 083°17′ W Location. The waters off the (NAD 1983). Brownstown Wave Pool area, Lake Erie (ii) Expected date. One day in the first bounded by the arc of a circle with a week of July. 300-yard radius with its center in ap- (11) Algonac Pickerel Tournament Fire- proximate position 42°03′ N, 083°11′ W works, Algonac, MI: (NAD 1983). (i) Location. All waters of the St. (ii) Expected date. One day in the first Clair River within a 300-yard radius of week of July. the fireworks barge in approximate po- (5) City of St. Clair Fireworks: sition 42°37′ N, 082°32′ W (NAD 1983), be- (i) Location. The waters off St. Clair tween Algonac and Russell Island, St. City Park, St. Clair River bounded by Clair River—North Channel. the arc of a circle with a 300-yard ra- (ii) Expected date. One day in the first dius with its center in approximate po- week of July. sition 42°49′ N, 082°29′ W (NAD 1983). (12) Port Sanilac Fireworks, Port (ii) Expected date. One day in the first Sanilac, MI: week of July. (i) Location. The waters off the South (6) Oscoda Township Fireworks: Harbor Breakwall, Lake Huron bound- (i) Location. The waters off the DNR ed by the arc of a circle with a 300-yard Boat Launch at the mouth of the Ausa- radius with its center in approximate ble River bounded by the arc of a circle position 43°25′ N, 082°31′ W (NAD 1983). with a 300-yard radius with its center (ii) Expected date. One day in the first in approximate position 44°19′ N, 083°25′ week of July. W (NAD 1983). (13) St. Clair Shores Fireworks, St. Clair (ii) Expected Date. One day in the first Shores, MI: week of July. (i) Location. All waters of Lake St. (7) Port Austin Fireworks: Clair within a 300-yard radius of the (i) Location. The waters off the Port fireworks barge in approximate posi- Austin Breakwall, Lake Huron bounded tion 42°32′ N, 082°51′ W (NAD 1983), by the arc of a circle with a 300-yard about 1000 yards east of Veterans Me- radius with its center in approximate morial Park (off Masonic Rd.), St. position 43°03′ N, 082°40′ W (NAD 1983). Clair Shores.

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(ii) Expected date. One day in the first (ii) Expected date. One day in the first week of July. week of July. (14) Port Huron 4th of July Fireworks, (20) Belle Maer Harbor 4th of July Fire- Port Huron, MI: works, Harrison Township, MI: (i) Location. All waters of the Black (i) Location. All waters of Lake St. River within a 300-yard radius of the Clair within a 300-yard radius of the fireworks barge in approximate posi- fireworks barge in approximate position 42°58′ N, 082°25′ W (NAD 1983), tion 42°36′ N, 082°47′ W (NAD 1983), about 300 yards east of 223 Huron Ave., about 400 yards east of Belle Maer Har- Black River. bor, Lake St. Clair—Anchor Bay. (ii) Expected date. One day in the first (ii) Expected date. One day in the first week of July. week of July. (15) Grosse Pointe Yacht Club 4th of (21) Tawas City 4th of July Fireworks, July Fireworks, Grosse Pointe Shores, MI: Tawas, MI: (i) Location. All waters of Lake St. (i) Location. The waters off the Tawas Clair within a 300-yard radius of the City Pier, Lake Huron bounded by the fireworks barge in approximate posi- arc of a circle with a 300-yard radius tion 42°25′ N, 082°52′ W (NAD 1983), with its center in approximate position about 400 yards east of the Grosse 44°13′ N, 083°30′ W (NAD 1983). Pointe Yacht Club seawall, Lake St. (ii) Expected date. One day in the first Clair. week of July. (ii) Expected date. One day in the first (22) Maritime Day Fireworks, Marine week of July. City, MI: (16) Lexington Independence Festival (i) Location. All waters of the St. Fireworks, Lexington, MI: Clair River within a 300-yard radius of (i) Location. All waters of Lake Huron the fireworks barge in approximate po- within a 300-yard radius of the fire- sition 42°43′ N, 082°29′ W (NAD 1983), works barge in approximate position about 500 yards east of Marine City, St. 43°13′ N, 082°30′ W (NAD 1983), about 300 Clair River. yards east of the Lexington breakwall, (ii) Expected date. One day in the sec- Lake Huron. ond weekend of August. (ii) Expected date. One day in the first (23) Venetian Festival Boat Parade & week of July. Fireworks, St. Clair Shores, MI: (17) City of Ecorse Water Festival Fire- (i) Location. All waters of Lake St. works, Ecorse, MI: Clair within a 300-yard radius of the (i) Location. All waters of the Ecorse fireworks barge in approximate posi- Channel within a 300-yard radius of the tion 42°28′ N, 082°52′ W (NAD 1983), fireworks barge in approximate posi- about 600 yards off Jefferson Beach Ma- tion 42°14′ N, 083°09′ W (NAD 1983), at rina, Lake St. Clair. the northern end of Mud Island, Ecorse. (ii) Expected date. One day in the sec- (ii) Expected date. One day in the first ond weekend of August. week of July. (b) Regulations. (1) The general regu- (18) Grosse Ile Yacht Club Fireworks: lations contained in 33 CFR 165.23 (i) Location. The waters off the apply. Grosse Ile Yacht Club Deck, Detroit (2) All persons and vessels shall com- River bounded by the arc of a circle ply with the instructions of the Coast with a 300-yard radius with its center Guard Captain of the Port or the des- approximately located at latitude 42°05′ ignated on scene patrol personnel. N, 083°09′ W (NAD 1983). Coast Guard patrol personnel include (ii) Expected date. One day in the first commissioned, warrant, and petty offi- week of July. cers of the U.S. Coast Guard. Upon (19) Trenton Fireworks Display, Tren- being hailed by a U.S. Coast Guard veston, MI: sel via siren, radio, flashing light, or (i) Location. All waters of the Tren- other means, the operator shall pro- ton Channel within a 300-yard radius of ceed as directed. the fireworks barge in approximate po- (3) The safety zones in this regula- sition 42°09′ N, 083°10′ W (NAD 1983), tion are outside navigation channels about 200 yards east of Trenton, in the and will not adversely affect shipping. Trenton Channel. In cases where shipping is affected,

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commercial vessels may request per- for the Chicago area. These broadcasts mission from the Captain of the Port will be made by U.S. Coast Guard Sec- Detroit to transit the safety zone. Ap- tor Lake Michigan. proval will be made on a case-by-case (2) Dresden Nuclear Power Plant. All basis. Requests must be made in ad- waters of the Illinois River in the vi- vance and approved by the Captain of cinity of Dresden Nuclear Power Plant the Port before transits will be author- encompassed by a line starting on the ized. The Captain of the Port may be shoreline at 41°23′45″ N, 88°16′18″ W; then contacted via U.S. Coast Guard Sector east to the shoreline at 41°23′39″ N, Detroit on Channel 16, VHF-FM. 88°16′09″ W; then following along the (c) Effective period. The Captain of the shoreline back to the beginning. Port Detroit will publish a Notice of (3) Donald C. Cook Nuclear Power Implementation in the FEDERAL REG- Plant. All waters of Lake Michigan ISTER as well as in the Ninth Coast around the Donald C. Cook Nuclear Guard District Local Notice to Mari- Power Plant encompassed by a line ners the dates and times this section is starting on the shoreline at 41°58.656′ N, in effect. 86°33.972′ W; then northwest to 41°58.769′ ° ′ [CGD09–01–002, 66 FR 27869, May 21, 2001] N, 86 34.525 W; then southwest to 41°58.589′ N, 86°34.591′ W; then southeast § 165.909 [Reserved] to the shoreline at 41°58.476′ N, 86°34.038′ W; and following along the shoreline § 165.910 Security Zones; Captain of back to the beginning. the Port Lake Michigan. (4) Palisades Nuclear Power Plant. All (a) Security zones. The following waters of Lake Michigan around the areas, defined by coordinates based Palisades Nuclear Power Plant within upon North American Datum 1983, are a line starting on the shoreline at security zones: 42°19′07″ N, 86°19′05″ W; then northwest (1) Navy Pier Northside. (i) Location. to 42°19′22″ N, 86°19′54″ W; then north to All waters between the Navy Pier and 42°19′44″ N, 86°19′43″ W; then southeast the Jardine Water Filtration Plant back to the shoreline at 42°19′31″ N, shoreward of a line drawn from the 86°18′50″ W; then following along the southeast corner of the Jardine Water shoreline back to the beginning. Filtration Plant at 41°53′36″ N, 87°36′10″ (5) Hammond Intake Crib. All navi- W, to the northeast corner of the Navy gable waters bounded by the arc of a Pier at 41°53′32″ N, 87°35′55″ W; then fol- circle with a 100-yard radius with its lowing the Navy Pier, seawall, and center in approximate position 41°42′15″ Jardine Water Filtration Plant back to N, 087°29′49″ W (NAD 83). the beginning. (6) Zion Nuclear Power Plant. All wa- (ii) Regulations. The Captain of the ters of Lake Michigan encompassed by Port Lake Michigan will normally per- a line starting on the shoreline at mit those U.S. Coast Guard certificated 42°26′36″ N, 87°48′03″ W; then southeast passenger vessels that normally load to 42°26′20″ N, 87°47′35″ W; then north- and unload passengers at Navy Pier to east to 42°26′53″ N, 87°47′22″ W; then operate in the zone. However, should northwest to the shoreline at 42°27′06″ the Captain of the Port Lake Michigan N, 87°48′00″ W; then following along the determine it is appropriate, he will re- shoreline back to the beginning. quire even those U.S. Coast Guard cer- (7) 68th Street Water Intake Crib. All tificated passenger vessels which nor- waters of Lake Michigan within the arc mally load and unload passengers at of a circle with a 100-yard radius of the Navy Pier to request permission before 68th Street Crib with its center in ap- leaving or entering the security zones. proximate position 41°47′10″ N, 87°31′51″ The Captain of the Port Lake Michigan W. will notify these vessels via Broadcast (8) Dever Water Intake Crib. All waters Notice to Mariners if they must notify of Lake Michigan within the arc of a the Coast Guard before entering or circle with a 100-yard radius of the transiting the security zone. As such, Dever Crib with its center in approxi- vessels that regularly operate within mate position 41°54′55″ N, 87°33′20″ W. this zone are responsible for moni- (9) 79th Street Water Intake Crib. All toring Broadcasts Notice to Mariners waters of Lake Michigan within the arc

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of a circle with a 100-yard radius of the 077°18.9′ W; then north to 43°17.3′ N, 79th Street Water Filtration Plant 077°18.9′ W; then east to 43°17.3′ N, with its center in the approximate po- 077°18.3′ W; then south to 43°16.7′ N, sition 41°45′30″ N, 87°32′32″ W. 077°18.3′ W; then following the shoreline (b) Regulations. (1) Under § 165.33, back to starting point (NAD 83). entry into these zones is prohibited un- (3) Moses-Saunders Power Dam. The less authorized by the Coast Guard waters of the St. Lawrence River Captain of the Port Lake Michigan. bounded by the following area, starting Section 165.33 also contains other gen- at 45°00.73′ N, 074°47.85′ W; southeast fol- eral requirements. lowing the international border to (2) All persons and vessels shall com- 45°00.25′ N, 074°47.56′ W; then southwest ply with the instruction of the Captain to 45°00.16′ N, 074°47.76′ W; then east to of the Port Lake Michigan or the des- the shoreline at 45°00.16′ N, 074°47.93′ W; ignated on-scene U.S. Coast Guard pa- then northwest to 45°00.36′ N, 074°48.16′ trol personnel. On-scene patrol per- W; then northeast back to the starting sonnel include commissioned, warrant, point (NAD 83). and petty officers of the U.S. Coast (4) The wa- Guard on board Coast Guard, Coast Long Sault Spillway Dam. Guard Auxiliary, local, state, and fed- ters of the St. Lawrence River bounded eral law enforcement vessels. Emer- by the following area, starting at ° ′ ° ′ ° ′ gency response vessels are authorized 44 59.5 N, 074 52.0 W; north to 45 00.0 N, ° ′ ° ′ ° ′ to move within the zone but must 074 52.0 W; east to 45 00.0 N, 074 51.6 W, ° ′ ° ′ abide by the restrictions imposed by then south to 44 59.5 N, 074 51.6 W; the Captain of the Port. then west back to the starting point (3) Persons who would like to transit (NAD 83). through a security zone in this section (b) Regulations. (1) In accordance with must contact the Captain of the Port § 165.33, entry into this zone is prohib- at telephone number (630) 986–2175 or on ited unless authorized by the Coast VHF channel 16 (121.5 MHz) to seek per- Guard Captain of the Port Buffalo. mission to transit the area. If permis- (2) Persons or vessels desiring to sion is granted, all persons and vessels transit the area of the Nine Mile Point shall comply with the instructions of and Fitzpatrick Nuclear Power Plants the Captain of the Port or his or her or Ginna Nuclear Power Plant security designated representative. zones must contact the Captain of the (c) Authority. In addition to 33 U.S.C. Port Buffalo at telephone number (716) 1231 and 50 U.S.C. 191, the authority for 843–9570, or on VHF/FM channel 16 to this section includes 33 U.S.C. 1226. seek permission to transit the area. [CGD09–02–001, 67 FR 53502, Aug. 16, 2002; 67 Persons desiring to transit the area of FR 65041, Oct. 23, 2002, as amended by CGD09– Moses-Saunders Power Dam or Long 04–020, 69 FR 71709, Dec. 10, 2004] Sault Spillway Dam security zones must contact the Supervisor, Marine § 165.911 Security Zones; Captain of Safety Detachment Massena at tele- the Port Buffalo Zone. phone number (315) 764–3284, or on VHF/ (a) Location. The following are secu- FM channel 16 to seek permission to rity zones: transit the area. If permission is grant- (1) Nine Mile Point and Fitzpatrick Nu- ed, all persons and vessels shall comply clear Power Plants. The navigable wa- with the instructions of the Captain of ters of Lake Ontario bounded by the the Port or his or her designated rep- following coordinates: commencing at resentative. 43°30.8′ N, 076°25.7′ W; then north to (c) Authority. In addition to 33 U.S.C. 43°31.2′ N, 076°25.7′ W; then east-north- 1231 and 50 U.S.C. 191, the authority for east to 43°31.6′ N, 076°24.9′ W; then east this section includes 33 U.S.C. 1226. to 43°31.8′ N, 076°23.2′ W; then south to 43°31.5′ N, 076°23.2′ W; and then fol- [CGD09–02–005, 67 FR 53500, Aug. 16, 2002] lowing the shoreline back to the point of origin (NAD 83). § 165.912 Security Zone; Lake Erie, (2) Ginna Nuclear Power Plant. The Perry, OH. waters of Lake Ontario bounded by the (a) Location: The following area is a following area, starting at 43°16.9′ N, security zone: all navigable waters of

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Lake Erie bounded by a line drawn be- structions of the Captain of the Port or tween the following coordinates begin- his or her designated representative. ning at 41° 48.187′ N, 081° 08.818′ W; then (c) Authority. In addition to 33 U.S.C. due north to 41° 48.7′ N, 081° 08.818′ W; 1231 and 50 U.S.C. 191, the authority for then due east to 41° 48.7′ N, 081° 08.455′ this section includes 33 U.S.C. 1226. W; then due south to the south shore of Lake Erie at 41° 48.231′ N, 081° 08.455′ W; [CGD09–02–011, 67 FR 46386, July 15, 2002] thence westerly following the shoreline back to the beginning (NAD 83). § 165.916 Security Zones; Captain of the Port Milwaukee Zone, Lake (b) Regulations. In accordance with Michigan. the general regulations in § 165.33 of this part, entry into this zone is pro- (a) Location. The following are secu- hibited unless authorized by the Coast rity zones: Guard Captain of the Port Cleveland, (1) Kewaunee Nuclear Power Plant. All or the designated on-scene representa- navigable waters of Western Lake tive. Michigan encompassed by a line com- (c) Authority. In addition to 33 U.S.C. mencing from a point on the shoreline 1231 and 50 U.S.C. 191, the authority for at 44°20.715′ N, 087°32.080′ W; then eas- this section includes 33 U.S.C. 1226. terly to 44°20.720′ N, 087°31.630′ W; then southerly to 44°20.480′ N, 087°31.630′ W; [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] then westerly to 44°20.480′ N, 087°31.970′ § 165.914 [Reserved] W, then northerly following the shoreline back to the point of origin (NAD § 165.915 Security zones; Captain of 83). the Port Detroit. (2) Point Beach. All navigable waters (a) Security zones. The following areas of Western Lake Michigan encom- are security zones: passed by a line commencing from a (1) Enrico Fermi 2 Nuclear Power Sta- point on the shoreline at 44° 17.06 N, tion. All waters and adjacent shoreline 087° 32.15 W, then northeasterly to 44° encompassed by a line commencing at 17.12 N, 087° 31.59 W, then southeasterly 41°58.4′ N, 083°15.4′ W; then northeast to to 44° 16.48 N, 087° 31.42 W, then south- 41°58.5′ N, 083°15.0′ W; then southeast to westerly to 44° 16.42 N, 087° 32.02 W, 41°58.2′ N, 083°13.7′ W; then south to then northwesterly along the shoreline 41°56.9′ N, 083°13.8′ W; then west to back to the point of origin. All coordi- 41°56.9′ N, 083°15.2′ W; then back to the nates are based upon North American starting point at 41°58.4′ N, 083°15.4′ W Datum 1983. (NAD 83). (b) Regulations. (1) In accordance with (2) Davis Besse Nuclear Power Station. § 165.33, entry into this zone is prohib- All waters and adjacent shoreline en- ited unless authorized by the Coast compassed by a line commencing at Guard Captain of the Port Milwaukee. ° ′ ° ′ ° ′ 41 36.1 N, 083 04.7 W; north to 41 37.0 N, Section 165.33 also contains other gen- ° ′ ° ′ ° ′ 083 03.9 W; east to 41 35.9 N, 083 02.5 W; eral requirements. ° ′ ° ′ southwest to 41 35.4 N, 083 03.7 W; then (2) Persons desiring to transit the back to the starting point 41°36.1′ N, ° ′ area of the security zone may contact 083 04.7 W (NAD 83). the Captain of the Port at telephone (b) Regulations. (1) In accordance with number (414) 747–7155 or on VHF-FM § 165.33, entry into this zone is prohib- Channel 16 to seek permission to tran- ited unless authorized by the Coast sit the area. If permission is granted, Guard Captain of the Port Detroit. Sec- all persons and vessels shall comply tion 165.33 also contains other general with the instructions of the Captain of requirements. the Port or his or her designated rep- (2) Persons desiring to transit through either of these security zones, resentative. prior to transiting, must contact the (c) Authority. In addition to 33 U.S.C. Captain of the Port Detroit at tele- 1231 and 50 U.S.C. 191, the authority for phone number (419) 418–6050, or on VHF/ this section includes 33 U.S.C. 1226. FM channel 16 and request permission. [CGD09–02–007, 67 FR 49578, July 31, 2002, as If permission is granted, all persons amended by CGD09–03–277, 69 FR 4242, Jan. and vessels shall comply with the in- 29, 2004]

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§ 165.918 [Reserved] (2) Division 1.5D blasting agents for which a permit is required under 49 § 165.920 Regulated Navigation Area: CFR 176.415 or, for which a permit is re- USCG Station Port Huron, Port quired as a condition of a Research and Huron, MI, Lake Huron. Special Programs Administration ex- (a) Location. All waters of Lake emption. Huron encompassed by the following: (3) Division 2.3 ‘‘poisonous gas’’, as starting at the northwest corner at listed in 49 CFR 172.101 that is also a 43°00.4′ N, 082°25.327′ W; then east to ‘‘material poisonous by inhalation’’ as 43°00.4′ N, 082°25.23.8′ W; then south to defined in 49 CFR 171.8, and that is in a 43°00.3′ N, 082°25.238′ W; then west to quantity in excess of 1 metric ton per 43°00.3′ N, 082°25.327′ W; then following barge. the shoreline north back to the point (4) Division 5.1 oxidizing materials of origin (NAD 83). for which a permit is required under 49 (b) Special regulations. No vessel may CFR 176.415 or, for which a permit is re- fish, anchor, or moor within the RNA quired as a condition of a Research and without obtaining the approval of the Special Programs Administration ex- Captain of the Port (COTP) Detroit. emption. Vessels need not request permission (5) A liquid material that has a pri- from COTP Detroit if only transiting mary or subsidiary classification of Di- through the RNA. COTP Detroit can be vision 6.1 ‘‘poisonous material’’ as list- reached by telephone at (313) 568–9580, ed in 49 CFR 172.101 that is also a ‘‘ma- or by writing to: MSO Detroit, 110 Mt. terial poisonous by inhalation’’, as de- Elliot Ave., Detroit MI 48207–4380. fined in 49 CFR 171.8 and that is in a [CDG09–03–287, 69 FR 23103, Apr. 28, 2004] bulk packaging, or that is in a quantity in excess of 20 metric tons per § 165.921 Regulated Navigation Area; barge when not in a bulk packaging. Reporting Requirements for Barges (6) Class 7, ‘‘highway route controlled Loaded with Certain Dangerous quantity’’ radioactive material or Cargoes, Illinois Waterway System ‘‘fissile material, controlled ship- located within the Ninth Coast ment’’, as defined in 49 CFR 173.403. Guard District. (7) Bulk liquefied chlorine gas and (a) Regulated Navigation Area. The fol- bulk liquefied gas cargo that is flam- lowing waters are a regulated naviga- mable and/or toxic and carried under 46 tion area (RNA): the Illinois Waterway CFR 154.7. System above mile 187.2 to the Chicago (8) The following bulk liquids— Lock on the Chicago River at mile 326.7 (i) Acetone cyanohydrin, and to the confluence of the Calumet (ii) Allyl alcohol, River and Lake Michigan at mile 333.5 of the Calumet River. (iii) Chlorosulfonic acid, (iv) Crotonaldehyde, (b) Applicability. This section applies to towing vessel operators and fleeting (v) Ethylene chlorohydrin, area managers responsible for CDC (vi) Ethylene dibromide, barges in the RNA. This section does (vii) Methacrylonitrile, not apply to towing vessel operators (viii) Oleum (fuming sulfuric acid), responsible for barges not carrying and CDC barges, or fleet tow boats moving (ix) Propylene Oxide. one or more CDC barges within a fleet- CDC barge means a barge containing ing area. CDCs or CDC residue. (c) Definitions. As used in this sec- Downbound means the tow is trav- tion— eling with the current. Barge means a non-self propelled ves- Fleet tow boat means any size vessel sel engaged in commerce, as set out in that is used to move, transport, or de- 33 CFR 160.204. liver a CDC barge within a fleeting Certain Dangerous Cargo or (CDC) in- area. cludes any of the following: Fleeting area means any fleet, includ- (1) Division 1.1 or 1.2 explosives as de- ing any facility, located within the fined in 49 CFR 173.50. area covered by one single port.

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Inland River Vessel Movement Center (viii) Upon departing the RNA with or (IRVMC) means the Coast Guard of- one or more CDC barges; and fice that is responsible for collecting (ix) When directed by the IRVMC. the information required by this sec- (2) The fleeting area manager respon- tion. sible for one or more CDC barges in the Ninth Coast Guard District means the RNA must report all the information Coast Guard District as set out in 33 items specified in table 165.921(g), in CFR 3.45–1. paragraph (g) of this section, to the Towing vessel means any size vessel IRVMC: that is used to move, transport, or de- (i) Once daily, report all CDC barges liver a CDC barge to a fleet or facility within the fleeting area; that is located in a different port than (ii) Upon moving one or more CDC where the voyage originated. barges within a fleeting area by a fleet Towing vessel operator means the Cap- tow boat; tain or pilot who is on watch on board (iii) Any significant deviation from a towing vessel. previously reported information; and Upbound means the tow is traveling (iv) When directed by the IRVMC. against the current. (3) Reports required by this section (d) Regulations. The following must may be made by a company representa- report to the Inland River Vessel Move- tive or dispatcher on behalf of the ment Center (IRVMC): fleeting area manager. (4) Reports required by this section (1) The towing vessel operator re- must be made to the IRVMC either by sponsible for one or more CDC barges telephone to (866) 442–6089, by fax to in the RNA must report all the infor- (866) 442–6107, or by e-mail to mation items specified in table [email protected]. A reporting form 165.921(f), in paragraph (f) of this sec- and e-mail link are available at http:// tion, to the IRVMC: www.uscg.mil/d8/Divs/M/IRVMC.htm. (i) Upon point of entry into the RNA (5) The general regulations contained with one or more CDC barges; in 33 CFR 165.13 apply to this section. (ii) Four hours before originating a (e) Ninth Coast Guard District Illinois voyage within the RNA with one or Waterway System RNA Reporting points. more CDC barges, except if the evo- Towing vessel operators responsible for lution of making up a tow with a CDC one or more CDC barges in the RNA barge will take less than 4 hours before must make reports to the Inland River originating a voyage, and the towing Vessel Movement Center at each point vessel operator did not receive the listed in this paragraph (e). order to make up a tow with a CDC (1) Illinois River (ILR) Upbound, at barge in advance of 4 hours before orig- Mile Markers (M) and when Departing inating the voyage with one or more Lock & Dam (L&D)— CDC barges, in which case the towing (i) M 187.2 (Southern Boundary MSU vessel operator shall submit the re- Chicago AOR), quired report to the IRVMC as soon as (ii) M 303.5 Junction of Chicago Sani- possible after receiving orders to make tary Ship Canal and Calumet-Sag up a tow with one or more CDC barges; Channel, (iii) Upon dropping off one or more (iii) M 326.4 Thomas S. O’Brien L&D, CDC barges at a fleeting area or facil- Calumet River, ity; (iv) M 333.5 Confluence of Calumet (iv) Upon picking up one or more ad- River and Lake Michigan, and ditional CDC barges from a fleeting (v) M 326.7 Chicago L&D, Chicago area or facility; River. (v) At designated reporting points, (2) Illinois River (ILR) Downbound set forth in paragraph of this section; Reporting Points, at Mile Markers (M) (vi) When the estimated time of ar- and when Departing Lock & Dam rival (ETA) to a reporting point varies (L&D)— by 6 hours from the previously reported (i) M 326.7 Chicago L&D, Chicago ETA; River, (vii) Any significant deviation from (ii) M 333.5 Confluence of Calumet previously reported information; River and Lake Michigan,

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(iii) M 326.4 Thomas S. O’Brien L&D, the exception noted in paragraph Calumet River, (d)(1)(ii) of this section, towing vessel (iv) M 303.5 Junction of Chicago Sani- operators responsible for one or more tary Ship Canal and Calumet-Sag CDC barges in the RNA must report all Channel, and the information required by this sec- (v) M 187.2 (Southern Boundary MSU tion as set out in table 165.921(f) of this Chicago AOR). paragraph. (f) Information to be reported to the IRVMC by towing vessel operators. With

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

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

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

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

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

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

(h) Alternative reporting. The Ninth maintain headway throughout the Coast Guard District Commander may transit. consider and approve alternative meth- (4) All personnel on open decks must ods to be used by a reporting party to wear a Coast Guard approved Type I meet any reporting requirements if— personal flotation device while in the (1) The request is submitted in writ- regulated navigation area. ing to Commander, Ninth Coast Guard (5) Vessels may not moor or lay up on District (m), 1240 E. Ninth Street, the right or left descending banks of Cleveland, Ohio, 44199–2060; and the regulated navigation area. (2) The alternative provides an equiv- (6) Towboats may not make or break alent level of the reporting that which tows in the regulated navigation area. would be achieved by the Coast Guard (7) Vessels may not pass (meet or with the required check-in points. overtake) in the regulated navigation (i) Deviation from this section is pro- area and must make a SECURITE call hibited unless specifically authorized when approaching the barrier to an- by the Commander, Ninth Coast Guard nounce intentions and work out pass- District or the IRVMC. ing arrangements on either side. (8) Commercial tows transiting the (Approved by the Office of Management and Budget under OMB control number 1625–1505) regulated navigation area must be made up with wire rope to ensure elec- [CDG09–03–241, 68 FR 57622, Oct. 6, 2003] trical connectivity between all segments of the tow. § 165.923 Regulated Navigation Area between mile markers 296.1 and (c) Compliance. All persons and ves- 296.7 of the Chicago Sanitary and sels shall comply with this rule and Ship Canal located near any additional instructions of the Romeoville, IL. Ninth Coast Guard District Com- (a) Location. The following is a Regu- mander, or his designated representa- lated Navigation Area: All waters of tive. The Captain of the Port, Lake the Chicago Sanitary and Ship Canal, Michigan is a designated representa- Romeoville, IL between the north side tive of the District Commander for the of Romeo Road Bridge Mile Marker purposes of this rule. 296.1, and the south side of the Aerial [CGD09–05–131, 70 FR 76694, Dec. 28, 2005] Pipeline Mile Marker 296.7. (b) Regulations. (1) The general regu- § 165.927 Safety Zone; St. Louis River, lations contained in 33 CFR 165.13 Duluth/Interlake Tar Remediation apply. Site, Duluth, MN. (2) All vessels are prohibited from (a) Location: The following area is a loitering in the regulated navigation safety zone: All waters of Stryker Bay area. and Hallett Slips 6 & 7 which are lo- (3) Vessels may enter the regulated cated north of a boundary line delin- navigation area for the sole purpose of eated by the following points: From transiting to the other side, and must the shoreline at 46°43′10.00″ N,

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092°10′31.66″ W, then south to 46°43′06.24″ (2) Federal Law Enforcement Officer N, 092°10′31.66″ W, then east to means any employee or agent of the 46°43′06.24″ N, 092°09′41.76″ W, then north United States government who has the to the shoreline at 46°43′10.04″ N, authority to carry firearms and make 092°09′41.76″ W. [Datum NAD 83]. warrantless arrests and whose duties (b) Regulations. (1) In accordance with involve the enforcement of criminal the general regulations in § 165.23 of laws of the United States. this part, entry into, transiting, or an- (3) Navigable waters of the United choring within this safety zone is pro- States means those waters defined as hibited unless authorized by the Cap- such in 33 CFR part 2. tain of the Port Duluth, or his des- (4) Public vessel means vessels owned, ignated on-scene representative. chartered, or operated by the United (2) This safety zone is closed to all States, or by a State or political sub- vessel traffic, except as may be per- division thereof. mitted by the Captain of the Port Du- (5) Michigan Law Enforcement Officer luth or his designated on-scene rep- means any regularly employed member resentative. of a Michigan police force responsible (3) The ‘‘designated on-scene rep- for the prevention and detection of resentative’’ of the Captain of the Port crime and the enforcement of the gen- is any Coast Guard commissioned, war- eral criminal laws of Michigan as de- rant or petty officer who has been des- fined in Michigan Compiled Laws sec- ignated by the Captain of the Port to tion 28.602(l)(i). act on his behalf. The on-scene rep- (b) Security zone. The following area resentative of the Captain of the Port is a security zone: All waters enclosed will be aboard either a Coast Guard or by a line connecting the following Coast Guard Auxiliary vessel. The Cap- points: 45°50.763 N: 084°43.731 W, which tain of the Port or his designated on- is the northwest corner; thence east to scene representative may be contacted 45°50.705 N: 084°43.04 W, which is the by calling Coast Guard Marine Safety northeast corner; thence south to Unit Duluth at (218) 720–5286. 45°47.242 N: 084°43.634 W, which is the (4) Vessel operators desiring to enter southeast corner; thence west to ° ° or operate within the safety zone shall 45 47.30 N: 084 44.320 W, which is the contact the Captain of the Port Duluth southwest corner; then north to the to obtain permission to do so. Vessel point of origin. The zone described operators given permission to enter or above includes all waters on either side operate in the safety zone shall comply of the Mackinac Bridge within one- with all directions given to them by quarter mile of the bridge. [Datum: the Captain of the Port Duluth or his NAD 1983]. on-scene representative. (c) Obtaining permission to enter or 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 zones, give legally enforceable orders channel 12. Vessels without an operable to persons or vessels within these zones AIS unit should seek permission at and take other actions authorized by least 30 minutes in advance. Vessels the Captain of the Port. Persons au- without an operable AIS unit may con- thorized in paragraph (e) to enforce tact Coast Guard Station St. Ignace on this section and Vessel Traffic Service VHF channel 16. St. Marys River (VTS) are Designated (d) Regulations. The general regula- Representatives. tions in 33 CFR part 165 subpart D,

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apply to any vessel or person in the (1) St. Patrick’s Day Fireworks; navigable waters of the United States Manitowoc, WI—(i) Location. All waters to which this section applies. No per- of the Manitowoc River and Manitowoc son or vessel may enter the security Harbor, near the mouth of the zone established in this section unless Manitowoc River on the south shore, authorized by the Captain of the Port within the arc of a circle with a 100- or his designated representatives. Ves- foot radius from the fireworks launch sels and persons granted permission to site located in position 44°05′30″ N, enter the security zone shall obey all 087°39′12″ W (NAD 83). lawful orders or directions of the Cap- (ii) Enforcement date and time. The tain of the Port or his designated rep- third Saturday of March; 5:30 p.m. to 7 resentatives. All vessels entering or p.m. moving within the security zone must (2) Michigan Aerospace Challenge Sport operate at speeds which are necessary Rocket Launch; Muskegon, MI—(i) Loca- to maintain a safe course and which tion. All waters of Muskegon Lake, will not exceed 12 knots. (e) Enforcement. Any Coast Guard near the West Michigan Dock and Mar- commissioned, warrant or petty officer ket Corp facility, within the arc of a may enforce the rules in this section. circle with a 1500-yard radius from the In the navigable waters of the United rocket launch site located in position ° ′ ″ ° ′ ″ States to which this section applies, 43 14 21 N, 086 15 35 W (NAD 83). when immediate action is required and (ii) Enforcement date and time. The representatives of the Coast Guard are last Saturday of April; 8 a.m. to 4 p.m. not present or not present in sufficient (3) Tulip Time Festival Fireworks; Hol- force to provide effective enforcement land, MI—(i) Location. All waters of of this section, any Federal Law En- Lake Macatawa, near Kollen Park, forcement Officer or Michigan Law En- within the arc of a circle with a 1000- forcement Officer may enforce the foot radius from the fireworks launch rules contained in this section pursu- site in position 42°47′23″ N, 086°07′22″ W ant to 33 CFR 6.04–11. In addition, the (NAD 83). Captain of the Port may be assisted by (ii) Enforcement date and time. The other Federal, state or local agencies first Friday of May; 7 p.m. to 11 p.m. If in enforcing this section pursuant to 33 the Friday fireworks are cancelled due CFR 6.04–11. to inclement weather, then this section (f) Exemption. Public vessels as de- will be enforced on the first Saturday fined in paragraph (a) of this section of May; 7 p.m. to 11 p.m. are exempt from the requirements in (4) Rockets for Schools Rocket Launch; this section. Sheboygan, WI. (i) Location. All waters (g) Waiver. For any vessel, the Cap- of Lake Michigan and Sheboygan Har- tain of the Port Sault Ste. Marie may bor, near the Sheboygan South Pier, waive any of the requirements of this within the arc of a circle with a 1500- section, upon finding that operational yard radius from the rocket launch site conditions or other circumstances are located with its center in position such that application of this section is 43°44′55″ N, 087°41′52″ W (NAD 83). unnecessary or impractical for the purpose of port security, safety or environ- (ii) Enforcement date and time. The mental safety. first Saturday of May; 8 a.m. to 5 p.m. (h) Enforcement period. This rule will (5) Celebrate De Pere; De Pere, WI—(i) be enforced Labor Day of each year; 6 Location. All waters of the Fox River, a.m. (local) to 11:59 p.m. (midnight) near Voyageur Park, within the arc of (local). a circle with a 500-foot radius from the fireworks launch site located in posi- [CGD09–06–019, 71 FR 45389, Aug. 9, 2006] tion 44°27′10″ N, 088°03′50″ W (NAD 83). § 165.929 Safety Zones; Annual events (ii) Enforcement date and time. The requiring safety zones in the Cap- Sunday before Memorial Day; 8:30 p.m. tain of the Port Lake Michigan to 10 p.m. zone. (6) [Reserved] (a) Safety Zones. The following areas (7) River Splash; Milwaukee, WI—(i) are designated safety zones: Location. All waters of the Milwaukee

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River, near Pere Marquette Park, with- (13) [Reserved] in the arc of a circle with a 300-foot ra- (14) Pentwater July Third Fireworks; dius from the fireworks launch site lo- Pentwater, MI—(i) Location. All waters cated on a barge in position 43°02′32″ N, of Lake Michigan and the Pentwater 087°54′45″ W (NAD 83). Channel within the arc of a circle with (ii) Enforcement date and time. The a 1000-foot radius from the fireworks first Friday and Saturday of June; 9 launch site located in position 43°46′57″ p.m. to 11 p.m. each day. N, 086°26′38″ W (NAD 83). (8) International Bayfest; Green Bay, (ii) Enforcement date and time. July 3; WI—(i) Location. All waters of the Fox 9 p.m. to 11 p.m. If the July 3 fireworks River, near the Western Lime Company are cancelled due to inclement weath- 1.13 miles above the head of the Fox er, then this section will be enforced River, within the arc of a circle with a July 4; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks (15) Taste of Chicago Fireworks; Chi- launch site located in position 44°31′24″ cago, IL—(i) Location. All waters of N, 088°00′42″ W (NAD 83). Monroe Harbor and Lake Michigan (ii) Enforcement date and time. The within the arc of a circle with a 1000- second Friday of June; 9 p.m. to 11 p.m. foot radius from the fireworks launch (9) Harborfest Music and Family Fes- site located on a barge in position tival; Racine, WI—(i) Location. All wa- 41°52′41″ N, 087°36′37″ W (NAD 83). ters of Lake Michigan and Racine Har- (ii) Enforcement date and time. July 3; bor, near the Racine Launch Basin En- 9 p.m. to 11 p.m. If the July 3 fireworks trance Light, within the arc of a circle are cancelled due to inclement weath- with a 200-foot radius from the fire- er, then this section will be enforced works launch site located in position July 4; 9 p.m. to 11 p.m. 42°43′43″ N, 087°46′40″ W (NAD 83). (16) U.S. Bank Fireworks; Milwaukee, (ii) Enforcement date and time. Friday WI—(i) Location. All waters of Mil- and Saturday of the third complete waukee Harbor, in the vicinity of Vet- weekend of June; 9 p.m. to 11 p.m. each erans Park, within the arc of a circle day. with a 1000-foot radius from the fire- (10) Jordan Valley Freedom Festival works launch site located on a barge in Fireworks; East Jordan, MI—(i) Location. position 43°02′27″ N, 087°53′45″ W (NAD All waters of Lake Charlevoix, near the 83). City of East Jordan, within the arc of (ii) Enforcement date and time. July 3; a circle with a 1000-foot radius from the 9 p.m. to 11 p.m. If the July 3 fireworks fireworks launch site in position are cancelled due to inclement weath- 45°09′18″ N, 085°07′48″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. Satur- July 4; 9 p.m. to 11 p.m. day of the third weekend of June; 9 (17) National Cherry Festival Fourth of p.m. to 11 p.m. July Celebration Fireworks; Traverse City, (11) Spring Lake Heritage Festival Fire- MI—(i) Location. All waters of the West works; Spring Lake, MI—(i) Location. All Arm of Grand Traverse Bay within the waters of the Grand River, near buoy arc of a circle with a 1000-foot radius 14A, within the arc of a circle with a from the fireworks launch site located 500-foot radius from the fireworks on a barge in position 44°46′12″ N, launch site located on a barge in posi- 085°37′06″ W (NAD 83). tion 43°04′24″ N, 086°12′42″ W (NAD 83). (ii) Enforcement date and time. July 4; (ii) Enforcement date and time. The 9 p.m. to 11 p.m. If the July 4 fireworks third Saturday of June; 9 p.m. to 11 are cancelled due to inclement weath- p.m. er, then this section will be enforced (12) Elberta Solstice Festival Fireworks; July 5; 9 p.m. to 11 p.m. Elberta, MI—(i) Location. All waters of (18) Harbor Springs Fourth of July Cele- Betsie Bay, near Waterfront Park, bration Fireworks; Harbor Springs, MI— within the arc of a circle with a 500- (i) Location. All waters of Lake Michi- foot radius from the fireworks launch gan and Harbor Springs Harbor within site located in position 44°37′43″ N, the arc of a circle with a 1000-foot ra- 086°14′27″ W (NAD 83). dius from the fireworks launch site lo- (ii) Enforcement date and time. The cated on a barge in position 45°25′30″ N, last Saturday of June; 9 p.m. to 11 p.m. 084°59′06″ W (NAD 83).

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(ii) Enforcement date and time. July 4; Harbor, in the vicinity of the north 9 p.m. to 11 p.m. If the July 4 fireworks breakwater, within the arc of a circle are cancelled due to inclement weath- with a 1000-foot radius from the fire- er, then this section will be enforced works launch site located in position July 5; 9 p.m. to 11 p.m. 44°38′00″ N, 086°14′50″ W (NAD 83). (19) Bay Harbor Yacht Club Fourth of (ii) Enforcement date and time. July 4; July Celebration Fireworks; Petoskey, 9 p.m. to 11 p.m. If the July 4 fireworks MI—(i) Location. All waters of Lake are cancelled due to inclement weath- Michigan and Bay Harbor Lake within er, then this section will be enforced the arc of a circle with a 500-foot radius July 5; 9 p.m. to 11 p.m. from the fireworks launch site located (24) Freedom Festival Fireworks; on a barge in position 45°21′50″ N, 085°01′37″ W (NAD 83). Ludington, MI. (i) Location. All waters (ii) Enforcement date and time. July 3; of Lake Michigan and Ludington Har- 9 p.m. to 11 p.m. If the July 3 fireworks bor, in the vicinity of the Loomis are cancelled due to inclement weath- Street Boat Ramp, within the arc of a er, then this section will be enforced circle with a 1000-foot radius from the July 4; 9 p.m. to 11 p.m. fireworks launch site located in posi- (20) Petoskey Fourth of July Celebration tion 43°57′16″ N, 086°27′42″ W (NAD 83). Fireworks; Petoskey, MI—(i) Location. (ii) Enforcement date and time. July 4; All waters of Lake Michigan and 9 p.m. to 11 p.m. If the July 4 fireworks Petoskey Harbor, in the vicinity of Bay are cancelled due to inclement weath- Front Park, within the arc of a circle er, then this section will be enforced with a 1000-foot radius from the fire- July 5; 9 p.m. to 11 p.m. works launch site located in position (25) White Lake Independence Day 45°22′40″ N, 084°57′30″ W (NAD 83). Fireworks; Montague, MI. (i) Location. (ii) Enforcement date and time. July 4; All waters of White Lake, in the vicin- 9 p.m. to 11 p.m. If the July 4 fire works ity of the Montague boat launch, with- are cancelled due to inclement weath- in the arc of a circle with a 1000-foot er, then this section will be enforced radius from the fireworks launch site July 5; 9 p.m. to 11 p.m. located in position 43°24′33″ N, 086°21′28″ (21) Boyne City Fourth of July Celebra- W (NAD 83). tion Fireworks; Boyne City, MI—(i) Loca- tion. All waters of Lake Charlevoix, in (ii) Enforcement date and time. July 4; the vicinity of Veterans Park, within 9 p.m. to 11 p.m. If the July 4 fireworks the arc of a circle with a 1400-foot ra- are cancelled due to inclement weath- dius from the fireworks launch site lo- er, then this section will be enforced cated in position 45°13′30″ N, 085°01′40″ W July 5; 9 p.m. to 11 p.m. (NAD 83). (26) Muskegon Summer Celebration July (ii) Enforcement date and time. July 4; Fourth Fireworks; Muskegon, MI. (i) Lo- 9 p.m. to 11 p.m. If the July 4 fireworks cation. All waters of Muskegon Lake, in are cancelled due to inclement weath- the vicinity of Heritage Landing, with- er, then this section will be enforced in the arc of a circle with a 1000-foot July 5; 9 p.m. to 11 p.m. radius from a fireworks launch site lo- (22) Independence Day Fireworks; cated on a barge in position 43°14′00″ N, Manistee, MI—(i) Location. All waters of 086°15′50″ W (NAD 83). Lake Michigan, in the vicinity of the (ii) Enforcement date and time. July 4; First Street Beach, within the arc of a 9 p.m. to 11 p.m. If the July 4 fireworks circle with a 1000-foot radius from the are cancelled due to inclement weath- fireworks launch site located in posi- er, then this section will be enforced ° ′ ″ ° ′ ″ tion 44 14 51 N, 086 20 46 W (NAD 83) July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 3; (iii) Impact on Special Anchorage Area 9 p.m. to 11 p.m. If the July 3 fireworks are cancelled due to inclement weath- regulations: Regulations for that por- er, then this section will be enforced tion of the Muskegon Lake East Spe- July 4; 9 p.m. to 11 p.m. cial Anchorage Area, as described in 33 (23) Frankfort Independence Day Fire- CFR 110.81(b), which are overlapped by works; Frankfort, MI. (i) Location. All this regulation, are suspended during waters of Lake Michigan and Frankfort this event. The remaining area of the

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Muskegon Lake East Special Anchor- launch site located in position 42°24′08″ age Area not impacted by this regula- N, 086°17′03″ W (NAD 83). tion remains available for anchoring (ii) Enforcement date and time. July 4; during this event. 9 p.m. to 11 p.m. If the July 4 fireworks (27) Grand Haven Jaycees Annual are cancelled due to inclement weath- Fourth of July Fireworks; Grand Haven, er, then this section will be enforced MI. (i) Location. All waters of The July 5; 9 p.m. to 11 p.m. Grand River between longitude (32) St. Joseph Fourth of July Fire- 087°14′00″ W, near The Sag, then west to works; St. Joseph, MI. (i) Location. All longitude 087°15′00″ W, near the west waters of Lake Michigan and the St. end of the south pier (NAD 83). Joseph River within the arc of a circle (ii) Enforcement date and time. July 4; with a 1000-foot radius from the fire- 9 p.m. to 11 p.m. If the July 4 fireworks works launch site located in position are cancelled due to inclement weath- 42°06′48″ N, 086°29′5″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. July 4; July 5; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 4 fireworks (28) Celebration Freedom Fireworks; are cancelled due to inclement weath- Holland, MI. (i) Location. All waters of er, then this section will be enforced Lake Macatawa, in the vicinity of July 5; 9 p.m. to 11 p.m. Kollen Park, within the arc of a circle (33) Town of Dune Acres Independence with a 1000-foot radius from the fire- Day Fireworks; Dune Acres, IN. (i) Loca- works launch site located in position tion. All waters of Lake Michigan with- 42°47′23″ N, 086°07′22″ W (NAD 83). in the arc of a circle with a 1000-foot (ii) Enforcement date and time. July 4, radius from the fireworks launch site 2007; 9 p.m. to 11 p.m. Thereafter this located in position 41°39′23″ N, 087°04′59″ section will be enforced the Saturday W (NAD 83). prior to July 4; 9 p.m. to 11 p.m. If the fireworks are cancelled due to inclem- (ii) Enforcement date and time. July 4; ent weather, then this section will be 9 p.m. to 11 p.m. If the July 4 fireworks enforced the Sunday prior to July 4; 9 are cancelled due to inclement weath- p.m. to 11 p.m. er, then this section will be enforced July 5; 9 p.m. to 11 p.m. (29) Van Andel Fireworks Show, Hol- land, MI. (i) Location. All waters of (34) Gary Fourth of July Fireworks; Lake Michigan and the Holland Chan- Gary, IN. (i) Location. All waters of nel within the arc of a circle with a Lake Michigan, approximately 2.5 1000-foot radius from the fireworks miles east of Gary Harbor, within the launch site located in position 42°46′21″ arc of a circle with a 500-foot radius N, 086°12′48″ W (NAD 83). from the fireworks launch site located ° ′ ″ ° ′ ″ (ii) Enforcement date and time. July 3; in position 41 37 19 N, 087 14 31 W 9 p.m. to 11 p.m. If the July 3 fireworks (NAD 83). are cancelled due to inclement weath- (ii) Enforcement date and time. July 4; er, then this section will be enforced 9 p.m. to 11 p.m. If the July 4 fireworks July 4; 9 p.m. to 11 p.m. are cancelled due to inclement weath- (30) Independence Day Fireworks; er, then this section will be enforced Saugatuck, MI. (i) Location. All waters July 5; 9 p.m. to 11 p.m. of Kalamazoo Lake within the arc of a (35) Joliet Independence Day Celebra- circle with a 1000-foot radius from the tion Fireworks; Joliet, IL. (i) Location. fireworks launch site in position All waters of the Des Plains River, at 42°38′52″ N, 086°12′18″ W (NAD 83). mile 288, within the arc of a circle with (ii) Enforcement date and time. July 4; a 500-foot radius from the fireworks 9 p.m. to 11 p.m. If the July 4 fireworks launch site located in position 41°31′31″ are cancelled due to inclement weath- N, 088°05′15″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. July 3; July 5; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 3 fireworks (31) South Haven Fourth of July Fire- are cancelled due to inclement weath- works; South Haven, MI. (i) Location. All er, then this section will be enforced waters of Lake Michigan and the Black July 4; 9 p.m. to 11 p.m. River within the arc of a circle with a (36) Glencoe Fourth of July Celebration 1000-foot radius from the fireworks Fireworks; Glencoe, IL. (i) Location. All

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waters of Lake Michigan, in the vicin- er, then this section will be enforced ity of Lake Front Park, within the arc July 5; 9 p.m. to 11 p.m. of a circle with a 500-foot radius from (41) Sheboygan Fourth of July Celebra- the fireworks launch site located in po- tion Fireworks; Sheboygan, WI. (i) Loca- sition 42°08′17″ N, 087°44′55″ W (NAD 83). tion. All waters of Lake Michigan and (ii) Enforcement date and time. July 4; Sheboygan Harbor, in the vicinity of 9 p.m. to 11 p.m. If the July 4 fireworks the south pier, within the arc of a cir- are cancelled due to inclement weath- cle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- July 5; 9 p.m. to 11 p.m. tion 43°44′55″ N, 087°41′51″ W (NAD 83). (37) Lakeshore Country Club Independ- (ii) Enforcement date and time. July 4; ence Day Fireworks; Glencoe, IL. (i) Lo- 9 p.m. to 11 p.m. If the July 4 fireworks cation. All waters of Lake Michigan are cancelled due to inclement weath- within the arc of a circle with a 1000- er, then this section will be enforced foot radius from the fireworks launch July 5; 9 p.m. to 11 p.m. site located in position 42°08′27″ N, (42) Manitowoc Independence Day Fire- 087°44′57″ W (NAD 83). works; Manitowoc, WI. (i) Location. All (ii) Enforcement date and time. July 4; waters of Lake Michigan and 9 p.m. to 11 p.m. If the July 4 fireworks Manitowoc Harbor, in the vicinity of south breakwater, within the arc of a are cancelled due to inclement weath- circle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- July 5; 9 p.m. to 11 p.m. tion 44°05′24″ N, 087°38′45″ W (NAD 83). (38) Shore Acres Country Club Inde- (ii) Enforcement date and time. July 4; pendence Day Fireworks; Lake Bluff, IL. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of Lake Michi- are cancelled due to inclement weath- gan, approximately one mile north of er, then this section will be enforced Lake Bluff, IL, within the arc of a cir- July 5; 9 p.m. to 11 p.m. cle with a 1000-foot radius from the (43) Sturgeon Bay Independence Day fireworks launch site located in posi- Fireworks; Sturgeon Bay, WI. (i) Loca- tion 42°17′59″ N, 087°50′03″ W (NAD 83). tion. All waters of Sturgeon Bay, in the (ii) Enforcement date and time. July 4; vicinity of Sunset Park, within the arc 9 p.m. to 11 p.m. If the July 4 fireworks of a circle with a 1000-foot radius from are cancelled due to inclement weath- the fireworks launch site located on a er, then this section will be enforced barge in position 44°50′37″ N, 087°23′18″ July 5; 9 p.m. to 11 p.m. W (NAD 83). (39) Kenosha Independence Day Fire- (ii) Enforcement date and time. July 4; works; Kenosha, WI. (i) Location. All wa- 9 p.m. to 11 p.m. If the July 4 fireworks ters of Lake Michigan and Kenosha are cancelled due to inclement weath- Harbor within the arc of a circle with er, then this section will be enforced a 1000-foot radius from the fireworks July 5; 9 p.m. to 11 p.m. launch site located in position 42°35′17″ (44) Fish Creek Independence Day Fire- N, 087°48′27″ W (NAD 83). works; Fish Creek, WI. (i) Location. All (ii) Enforcement date and time. July 4; waters of Green Bay, in the vicinity of 9 p.m. to 11 p.m. If the July 4 fireworks Fish Creek Harbor, within the arc of a are cancelled due to inclement weath- circle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located on a July 5; 9 p.m. to 11 p.m. barge in position 45°07′52″ N, 087°14′37″ (40) Fourthfest of Greater Racine Fire- W (NAD 83). works; Racine, WI. (i) Location. All wa- (ii) Enforcement date and time. The ters of Lake Michigan and Racine Har- first Saturday after July 4; 9 p.m. to 11 bor, in the vicinity of North Beach, p.m. within the arc of a circle with a 1000- (45) Celebrate Americafest Fireworks; foot radius from the fireworks launch Green Bay, WI. (i) Location. All waters site located in position 42°44′17″ N, of the Fox River between the railroad 087°46′42″ W (NAD 83). bridge located 1.03 miles above the (ii) Enforcement date and time. July 4; mouth of the Fox River and the Main 9 p.m. to 11 p.m. If the July 4 fireworks Street Bridge located 1.58 miles above are cancelled due to inclement weath- the mouth of the Fox River, including

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all waters of the turning basin east to ters of the West Arm of Grand Traverse the mouth of the East River. Bay bounded by a line drawn from (ii) Enforcement date and time. July 4; 44°46′48″ N, 085°38′18″ W, then southeast 9 p.m. to 11 p.m. If the July 4 fireworks to 44°46′30″ N, 085°35′30″ W, then south- are cancelled due to inclement weath- west to 44°46′00″ N, 085°35′48″ W, then er, then this section will be enforced northwest to 44°46′30″ N, 085°38′30″ W, July 5; 9 p.m. to 11 p.m. then back to the point of origin (NAD (46) Marinette Fourth of July Celebra- 83). tion Fireworks; Marinette, WI. (i) Loca- (ii) Enforcement date and time. Friday, tion. All waters of the Menominee Saturday, and Sunday of the first com- River, in the vicinity of Stephenson Is- plete weekend of July; 12 noon to 4 land, within the arc of a circle with a p.m. each day. 1000-foot radius from the fireworks (51) National Cherry Festival Finale launch site located in position 45°06′09″ Fireworks; Traverse City, MI. (i) Loca- N, 087°37′39″ W and all waters located tion. All waters and adjacent shoreline between the Highway U.S. 41 bridge of the West Arm of Grand Traverse Bay and the Hattie Street Dam (NAD 83). within the arc of a circle with a 1000- (ii) Enforcement date and time. July 4; foot radius from the fireworks launch 9 p.m. to 11 p.m. If the July 4 fireworks site located on a barge in position are cancelled due to inclement weath- 44°46′12″ N, 085°37′06″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. The July 5; 9 p.m. to 11 p.m. second Saturday of July; 9 p.m. to 11 (47) Evanston Fourth of July Fireworks; p.m. Evanston, IL. (i) Location. All waters of (52) Gary Air and Water Show; Gary, Lake Michigan, in the vicinity of Cen- IN. (i) Location. All waters of Lake tennial Park Beach, within the arc of a Michigan within the arc of a circle circle with a 500-foot radius from the with a 5.75 statute mile radius with its fireworks launch site located in posi- center point in position 41°37′25″ N, tion 42°02′56″ N, 087°40′21″ W (NAD 83). 087°15′42″ W (NAD 83). (ii) Enforcement date and time. July 4; (ii) Enforcement date and time. Friday, 9 p.m. to 11 p.m. If the July 4 fireworks Saturday, and Sunday of the second are cancelled due to inclement weath- weekend of July; from 8 a.m. to 6 p.m. er, then this section will be enforced each day. July 5; 9 p.m. to 11 p.m. (53) Milwaukee Air Expo, Milwaukee, (48) [Reserved] WI. (i) Location. All waters Lake Michi- (49) Muskegon Summer Celebration gan and Milwaukee Harbor located Fireworks; Muskegon, MI. (i) Location. within a 4000-yard by 1000-yard rec- All waters of Muskegon Lake, in the tangle with its major axis bearing ap- vicinity of Heritage Landing, within proximately 030°T located in the north- the arc of a circle with a 1000-foot ra- ern half of Milwaukee Harbor and dius from a fireworks barge located in along the north shore of Milwaukee position 43°14′00″ N, 086°15′50″ W (NAD bounded by the points beginning at 83). 43°01′36″ N, 087°53′02″ W; then northeast (ii) Enforcement date and time. The to 43°03′20″ N, 087°51′40″ W; then north- Sunday following July 4; 9 p.m. to 11 west to 43°03′35″ N, 087°52′16″ W; then p.m. southwest to 43°01′51″ N, 087°53′38″ W; (iii) Impact on Special Anchorage Area the back to the point of origin (NAD regulations: Regulations for that por- 83). tion of the Muskegon Lake East Spe- (ii) Enforcement date and time. Friday, cial Anchorage Area, as described in 33 Saturday, and Sunday of the second CFR 110.81(b), which are overlapped by weekend of July; from 1 p.m. to 5 p.m. this regulation, are suspended during each day. this event. The remaining area of the (54) Annual Trout Festival Fireworks; Muskegon Lake East Special Anchor- Kewaunee, WI. (i) Location. All waters age Area is not impacted by this regu- of Kewaunee Harbor and Lake Michi- lation and remains available for an- gan within the arc of a circle with a choring during this event. 1000-foot radius from the fireworks (50) National Cherry Festival Air Show; launch site located in position 44°27′29″ Traverse City, MI. (i) Location. All wa- N, 087°29′45″ W (NAD 83).

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(ii) Enforcement date and time. Friday weekend of July; 9 p.m. to 11 p.m. each of the second complete weekend of day. July; 9 p.m. to 11 p.m. (60) Charlevoix Venetian Festival Fri- (55) Michigan City Summerfest Fire- day Night Fireworks; Charlevoix, MI. (i) works; Michigan City, IN. (i) Location. Location. All waters of Lake All waters of Michigan City Harbor and Charlevoix, in the vicinity of Depot Lake Michigan within the arc of a cir- Beach, within the arc of a circle with a cle with a 1000-foot radius from the 1000-foot radius from the fireworks fireworks launch site located in posi- launch site located on a barge in position 41°43′42″ N, 086°54′37″ W (NAD 83). tion 45°19′08″ N, 085°14′18″ W (NAD 83). (ii) Enforcement date and time. July 15, (ii) Enforcement date and time. Friday 2007, and thereafter the Sunday of the of the fourth weekend of July; 9 p.m. to first complete weekend of July; 9 p.m. 11 p.m. to 11 p.m. (61) EAA Airventure; Oshkosh, WI. (i) (56) Port Washington Fish Day Fire- Location. All waters of Lake Winnebago ° ′ ″ works; Port Washington, WI. (i) Location. bounded by a line drawn from 43 57 30 ° ′ ″ ° ′ ″ All waters of Port Washington Harbor N, 088 30 00 W; then south to 43 56 56 ° ′ ″ ° ′ ″ and Lake Michigan, in the vicinity of N, 088 29 53 W, then east to 43 56 40 N, ° ′ ″ ° ′ ″ the WE Energies coal dock, within the 088 28 40 W; then north to 43 57 30 N, ° ′ ″ arc of a circle with a 1000-foot radius 088 28 40 W; then west returning to the from the fireworks launch site located point of origin (NAD 83). in position 43°23′07″ N, 087°51′54″ W (ii) Enforcement date and time. The (NAD 83). last complete week of July, beginning Monday and ending Sunday; from 8 (ii) Enforcement date and time. The a.m. to 8 p.m. each day. third Saturday of July; 9 p.m. to 11 (62) Charlevoix Venetian Festival Satur- p.m. day Night Fireworks; Charlevoix, MI. (i) (57) Bay View Lions Club South Shore Location. All waters of Round Lake Frolics Fireworks; Milwaukee, WI. (i) Lo- within the arc of a circle with a 300- cation. All waters of Milwaukee Harbor foot radius from the fireworks launch and Lake Michigan, in the vicinity of site located on a barge in position South Shore Park, within the arc of a 45°19′03″ N, 085°15′18″ W (NAD 83). circle with a 500-foot radius from the (ii) Enforcement date and time. Satur- fireworks launch site in position ° ′ ″ ° ′ ″ day of the fourth weekend of July; 9 42 59 42 N, 087 52 52 W (NAD 83). p.m. to 11 p.m. (ii) Enforcement date and time. Friday, (63) Venetian Night Fireworks; Saturday, and Sunday of the second or Saugatuck, MI. (i) Location. All waters third weekend of July; 9 p.m. to 11 p.m. of Kalamazoo Lake within the arc of a each day. circle with a 500-foot radius from the (58) Venetian Festival Fireworks; St. Jo- fireworks launch site located on a seph, MI. (i) Location. All waters of barge in position 42°38′52″ N, 086°12′18″ Lake Michigan and the St. Joseph W (NAD 83) River, near the east end of the south (ii) Enforcement date and time. The pier, within the arc of a circle with a last Saturday of July; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks (64) Roma Lodge Italian Festival Fire- launch site located in position 42°06′48″ works; Racine, WI. (i) Location. All wa- N, 086°29′15″ W (NAD 83). ters of Lake Michigan and Racine Har- (ii) Enforcement date and time. Satur- bor within the arc of a circle with a day of the third complete weekend of 1000-foot radius from the fireworks July; 9 p.m. to 11 p.m. launch site located in position 42°44′04″ (59) Joliet Waterway Daze Fireworks; N, 087°46′20″ W (NAD 83). Joliet, IL. (i) Location. All waters of the (ii) Enforcement date and time. Friday Des Plaines River, at mile 287.5, within and Saturday of the last complete the arc of a circle with a 300-foot radius weekend of July; 9 p.m. to 11 p.m. from the fireworks launch site located (65) Venetian Night Fireworks; Chicago, in position 41°31′15″ N, 088°05′17″ W IL. (i) Location. All waters of Monroe (NAD 83). Harbor and Lake Michigan within the (ii) Enforcement date and time. Friday arc of a circle with a 1000-foot radius and Saturday of the third complete from the fireworks launch site located

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on a barge in position 41°52′41″ N, (ii) Enforcement date and time. The 087°36′37″ W (NAD 83). first Saturday of August; 9 p.m. to 11 (ii) Enforcement date and time. Satur- p.m. day of the last weekend of July; 9 p.m. (72) North Point Marina Venetian Fes- to 11 p.m. tival Fireworks; Winthrop Harbor, IL. (i) (66) Port Washington Maritime Heritage Location. All waters of Lake Michigan Festival Fireworks; Port Washington, WI. within the arc of a circle with a 1000- (i) Location. All waters of Port Wash- foot radius from the fireworks launch ington Harbor and Lake Michigan, in site located in position 42°28′55″ N, the vicinity of the WE Energies coal 087°47′56″ W (NAD 83). dock, within the arc of a circle with a (ii) Enforcement date and time. The 1000-foot radius from the fireworks second Saturday of August; 9 p.m. to 11 launch site located in position 43°23′07″ p.m. N, 087°51′54″ W (NAD 83). (73) Waterfront Festival Fireworks; Me- (ii) Enforcement date and time. Satur- nominee MI. (i) Location. All waters of day of the last complete weekend of Green Bay, in the vicinity of Menom- July or the second weekend of August; inee Marina, within the arc of a circle 9 p.m. to 11 p.m. with a 1000-foot radius from a fireworks (67) [Reserved] barge in position 45°06′17″ N, 087°35′48″ (68) Grand Haven Coast Guard Festival W (NAD 83). Fireworks; Grand Haven, MI. (i) Loca- (ii) Enforcement date and time. Satur- tion. All waters of the Grand River be- day following first Thursday in August; tween longitude 087°14′00″ W, near The 9 p.m. to 11 p.m. Sag, then west to longitude 087°15′00″ (74) Ottawa Riverfest Fireworks; Ot- W, near the west end of the south pier tawa, IL. (i) Location. All waters of the (NAD 83). Illinois River, at mile 239.7, within the (ii) Enforcement date and time. First arc of a circle with a 300-foot radius weekend of August; 9 p.m. to 11 p.m. from the fireworks launch site located (69) Sturgeon Bay Yacht Club Evening in position 41°20′29″ N, 088°51′20″ W on the Bay Fireworks; Sturgeon Bay, WI. (NAD 83). (i) Location. All waters of Sturgeon (ii) Enforcement date and time. The Bay, in the vicinity of the Sturgeon first Sunday of August; 9 p.m. to 11 Bay Yacht Club, within the arc of a cir- p.m. cle with a 500-foot radius from the fire- (75) Algoma Shanty Days Fireworks; works launch site located on a barge in Algoma WI. (i) Location. All waters of position 44°49′33″ N, 087°22′26″ W (NAD Lake Michigan and Algoma Harbor 83). within the arc of a circle with a 1000- (ii) Enforcement date and time. The foot radius from the fireworks launch first Saturday of August; 9 p.m. to 11 site located in position 44°36′24″ N, p.m. 087°25′54″ W (NAD 83). (70) Elk Rapids Harbor Days Fireworks; (ii) Enforcement date and time. Sunday Elk Rapids, MI. (i) Location. All waters of the second complete weekend of Au- of Grand Traverse Bay, in the vicinity gust; 9 p.m. to 11 p.m. of Edward G. Grace Memorial Park, (76) New Buffalo Ship and Shore Fes- within the arc of a circle with a 1000- tival Fireworks; New Buffalo, MI. (i) Lo- foot radius from the fireworks launch cation. All waters of Lake Michigan site located in position 44°53′58″ N, and New Buffalo Harbor within the arc 085°25′04″ W (NAD 83). of a circle with a 1000-foot radius from (ii) Enforcement date and time. The the fireworks launch site located in po- first Saturday of August; 9 p.m. to 11 sition 41°48′09″ N, 086°44′49″ W (NAD 83). p.m. (ii) Enforcement date and time. The (71) Hammond Marina Venetian Night second Sunday of August; 9 p.m. to 11 Fireworks; Hammond, IN. (i) Location. p.m. All waters of Hammond Marina and (77) Pentwater Homecoming Fireworks; Lake Michigan within the arc of a cir- Pentwater, MI. (i) Location. All waters cle with a 1000-foot radius from the of Lake Michigan and the Pentwater fireworks launch site located in posi- Channel within the arc of a circle with tion 41°41′53″ N, 087°30′43″ W (NAD 83). a 1000-foot radius from the fireworks

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launch site located in position (2) All persons and vessels must com- 43°46′56.5″ N, 086°26′38″ W (NAD 83). ply with the instructions of the Coast (ii) Enforcement date and time. Satur- Guard Captain of the Port or a des- day following the second Thursday of ignated representative. Upon being August; 9 p.m. to 11 p.m. hailed by the U.S. Coast Guard by (78) Chicago Air and Water Show; Chi- siren, radio, flashing light or other cago, IL. (i) Location. All waters and ad- means, the operator of a vessel shall jacent shoreline of Lake Michigan and proceed as directed. Chicago Harbor bounded by a line (3) All vessels must obtain permis- drawn from 41°55′54″ N at the shoreline, sion from the Captain of the Port or a then east to 41°55′54″ N, 087°37′12″ W, designated representative to enter, then southeast to 41°54′00″ N, 087°36′00″ move within or exit the safety zone es- W (NAD 83), then southwestward to the tablished in this section when this northeast corner of the Jardine Water safety zone is enforced. Vessels and Filtration Plant, then due west to the persons granted permission to enter shore. the safety zone shall obey all lawful orders or directions of the Captain of the (ii) Enforcement date and time. The Port or a designated representative. third Thursday, Friday, Saturday, and While within a safety zone, all vessels Sunday of August; from 9 a.m. to 6 p.m. shall operate at the minimum speed each day. necessary to maintain a safe course. (79) [Reserved] (d) Suspension of Enforcement. If the (80) Downtown Milwaukee BID 21 Fire- event concludes earlier than scheduled, works; Milwaukee, WI. (i) Location. All the Captain of the Port or a designated waters of the Milwaukee River between representative will issue a Broadcast the Kilbourn Avenue Bridge at 1.7 Notice to Mariners notifying the public miles above the Milwaukee Pierhead when enforcement of the safety zone Light to the State Street Bridge at 1.79 established by this section is sus- miles above the Milwaukee Pierhead pended. Light. (e) Exemption. Public vessels as de- (ii) Enforcement date and time. The fined in paragraph (b) of this section third Thursday of November; 6 p.m. to are exempt from the requirements in 8 p.m. this section. (81) New Years Eve Fireworks; Chicago, (f) Wavier. For any vessel, the Cap- IL. (i) Location. All waters of Monroe tain of the Port Lake Michigan or a Harbor and Lake Michigan within the designated representative may waive arc of a circle with a 1000-foot radius any of the requirements of this section, from the fireworks launch site located upon finding that operational condi- on a barge in position 41°52′41″ N, tions or other circumstances are such 087°36′37″ W (NAD 83). that application of this section is un- (ii) Enforcement date and time. Decem- necessary or impractical for the pur- ber 31; 11 p.m. to January 1; 1 a.m. poses of safety or environmental safe- (b) Definitions. The following defini- ty. tions apply to this section: [CGD09–07–005, 72 FR 32183, June 12, 2007] (1) Designated representative means any Coast Guard commissioned, war- § 165.931 Safety Zone, Chicago Harbor, rant, or petty officer designated by the Navy Pier Southeast, Chicago, IL. Captain of the Port Lake Michigan to (a) Location. The following area is a monitor this safety zone, permit entry safety zone: The waters of Lake Michi- into this zone, give legally enforceable gan within Chicago Harbor between the orders to persons or vessels within this east end of the Chicago Lock guide zones and take other actions author- wall and the Chicago Harbor break- ized by the Captain of the Port. water beginning at 41°53′24″ N, 087°35′26″ (2) Public vessel means vessels W; then south to 41°53′09″ N, 087°35′26″ owned, chartered, or operated by the W; then east to 41°53′09″ N, 087°36′09″ W; United States, or by a State or polit- then north to 41°53′24″ N, 087°36′09″ W; ical subdivision thereof. then back to the point of origin. (c) Regulations. (1) The general regu- (b) Definitions. The following defini- lations in 33 CFR 165.23 apply. tions apply to this section:

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

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

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

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(i) Location. All waters of Port Bay radius of land position: 41°45.500′ N, within a 500-foot radius of barge posi- 081°16.300′ W; east of the harbor en- tion: 43°17′46″ N, 076°50′02″ W; in Port trance at Fairport Harbor Beach, OH. Bay, NY. (DATUM: NAD 83). (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 10 p.m. to 10:30 p.m. on effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. the first Saturday of July each year. (12) Rochester Harbor and Carousel Fes- (18) Lake County Perchfest Fireworks, tival, Rochester, NY. Fairport, OH. (i) Location. All waters of Lake On- (i) Location. All waters of Fairport tario within a 500-foot radius of land Harbor and Lake Erie within a 300-yard position: 43°15′21″ N, 077°36′19″ W in radius of land position: 41°45.500′ N, Rochester, NY. (DATUM: NAD 83). 081°16.300′ W; in Fairport, OH. (DATUM: (ii) Enforcement date. This section is NAD 83). effective from 8 p.m. to 10 p.m. on June (ii) Enforcement date. This section is 24th of each year. effective from 9:45 p.m. to 11 p.m. on (13) North Tonawanda Fireworks Dis- the second weekend in September each play, Tonawanda, NY. year. (i) Location. All waters of the East (19) Mentor Harbor Yacht Club Fire- Niagara River within a 500-foot radius works, Mentor Harbor, OH. of a barge located at position: 43°01′12″ (i) Location. All waters of Lake Erie N, 078°53′36″ W; in North Tonawanda, and Mentor Harbor within a 200-yard NY. (DATUM: NAD 83). radius of 41°43.200′ N, 081°21.400′ W (west (ii) Enforcement date. This section is of the harbor entrance); in Mentor Har- effective from 9:45 p.m. to 10:15 p.m. on bor, OH. (DATUM: NAD 83). July 4th of each year. (ii) Enforcement date. This section is (14) Tonawanda’s Canal Fest Fire- effective from 9:45 p.m. to 11 p.m. on works, Tonawanda, NY. the first weekend in July each year. (i) Location. All waters of the East (20) Browns Football Halftime Fire- Niagara River within a 500-foot radius works, Cleveland, OH. of barge position: 43°01′12″ N, 078°53′36″ (i) Location. All navigable waters of W; in Tonawanda, NY. (DATUM: NAD Cleveland Harbor and Lake Erie begin- 83). ning in approximate land position: (ii) Enforcement date. This section is 41°30.823′ N, 081°41.620′ W (the northwest effective from 9:30 p.m. to 10:30 p.m. on corner of Burke Lakefront Airport); the fourth Sunday in July each year. continuing northwest to 41°31.176′ N, (15) Celebrate Erie Fireworks, Erie, PA. 081°41.884′ W; then southwest to (i) Location. All waters of Presque 41°30.810′ N, 081°42.515′ W; then south- Isle Bay within an 800-foot radius of east to 41°30.450′ N, 081°42.222′ W (the land position: 42°08′19″ N, 080°05′29″ W; northwest corner of dock 28 at the at the end of Dobbins Landing Pier, Cleveland Port Authority) then north- Erie, PA. (DATUM: NAD 83). east back to the starting point at (ii) Enforcement date. This section is 41°30.823′ N, 081°41.620′ W. (DATUM: effective from 9:45 p.m. to 10:30 p.m. on NAD 83). the third weekend in August each year. (ii) Enforcement date. This section is (16) Ashtabula Area Fireworks, Walnut effective on a Sunday during the sec- Beach, Ashtabula, OH. ond or third Cleveland Brown’s home (i) Location. All waters of Lake Erie game each year. and Ashtabula Harbor within a 300-yard (21) City of Cleveland 4th of July Fire- radius of land position: 41°54.167′ N, works, Cleveland, OH. 080°48.416′ W; in Ashtabula, OH. (i) Location. All navigable waters of (DATUM: NAD 83). Cleveland Harbor and Lake Erie within (ii) Enforcement date. This section is a 400-yard radius of Main Entrance effective from 9:45 p.m. to 11 p.m. on Light 5 (LLNR 4180) at position: the second weekend in July each year. 41°30.23′ N, 081°42.7′ W; in Cleveland, OH (17) Fairport Harbor Mardi Gras, (DATUM: NAD 83). Fairport Harbor, OH. (ii) Enforcement date. This section is (i) Location. All waters of Fairport effective from 9:45 p.m. to 11 p.m. on Harbor and Lake Erie within a 300-yard the first weekend in July each year.

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(22) Dollar Bank Jamboree Fireworks (ii) Enforcement date. This section is Display, Cleveland, OH. effective from 9:45 p.m. to 11 p.m. on (i) Location. All navigable waters of the third weekend in July each year. Cleveland Harbor and Lake Erie begin- (b) Definitions. The following defini- ning at land position: 41°30.823′ N, tions apply to this section: 081°41.620′ W (the northwest corner of (1) Designated Representative means Burke Lakefront Airport); continuing any Coast Guard commissioned, war- northwest to 41°31.176′ N, 081°41.884′ W; rant, or petty officer designated by the then southwest to 41°30.810′ N, Captain of the Port Buffalo to monitor 081°42.515′ W; then southeast to a safety zone, permit entry into the 41°30.450′ N, 081°42.222′ W (the northwest zone, give legally enforceable orders to corner of dock 28 at the Cleveland Port persons or vessels within the zones, and Authority) then northeast back to the take other actions authorized by the starting point at 41°30.823′ N, 081°41.620′ Captain of the Port. W. (DATUM: NAD 83). (2) Public vessel means vessels owned, chartered, or operated by the United (ii) Enforcement date. This section is States, or by a State or political sub- effective from 9:45 p.m. to 11 p.m. on division thereof. the first weekend in July each year. (c) Regulations. (1) In accordance with (23) Lakewood City Fireworks Display, the general regulations in section Lakewood, OH. 165.23 of this part, entry into, (i) Location. All waters of Lake Erie transiting, or anchoring within this within a 200-yard radius of land posi- safety zone is prohibited unless author- tion: 41°29.755′ N, 081°47.780′ W (off of ized by the Captain of the Port Buffalo, Lakewood Park); in Lakewood, OH. or his designated representative. (DATUM: NAD 83). (2)(i) These safety zones are closed to (ii) Enforcement date. This section is all vessel traffic, except as may be per- effective from 9:45 p.m. to 11 p.m. on mitted by the Captain of the Port Buf- the first weekend in July each year. falo or his designated representative. (24) Cleveland Yachting Club Fireworks (ii) All persons and vessels must com- Display, Rocky River, OH. ply with the instructions of the Coast (i) Location. All waters of the Rocky Guard Captain of the Port or his des- River and Lake Erie within a 200-yard ignated representative. radius of land position 41°29.428′ N, (iii) Upon being hailed by the U.S. 081°50.309′ W (DATUM: NAD 83) at Sun- Coast Guard by siren, radio, flashing set Point on the western side of the light or other means, the operator of a mouth of the Rocky River in Cleve- vessel shall proceed as directed. land, OH. (3)(i)All vessels must obtain permis- (ii) Enforcement date. This section is sion from the Captain of the Port or effective from 9:45 p.m. to 11 p.m. on his designated representative to enter, the third weekend in July each year. move within, or exit the safety zone established in this section when this (25) Lorain 4th of July Celebration Fire- safety zone is enforced. works Display, Lorain, OH. (ii) Vessels and persons granted per- (i) Location. All waters of Lorain Har- mission to enter the safety zone must bor within a 300-yard radius of land po- obey all lawful orders or directions of ° ′ ° ′ sition 41 28.591 N, 082 10.855 W the Captain of the Port or a designated (DATUM: NAD 83), east of the harbor representative. entrance on the end of the break wall (iii) While within a safety zone, all near Spitzer’s Marina. vessels must operate at the minimum (ii) Enforcement date. This section is speed necessary to maintain a safe effective from 9:45 p.m. to 11 p.m. on course. the first weekend in July each year. (d) Exemption. Public vessels, as de- (26) Lorain Port Fest Fireworks Dis- fined in paragraph (b) of this section, play, Lorain, OH. are exempt from the requirements in (i) Location. All waters of Lorain Har- this section. bor within a 250-yard radius of land po- (e) Waiver. For any vessel, the Cap- sition: 41°28.040′ N, 082°10.365′ W; in Lo- tain of the Port Buffalo or his des- rain, OH (DATUM: NAD 83). ignated representative may waive any

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of the requirements of this section, vessels is prohibited unless authorized upon finding that operational condi- by the Captain of the Port San Diego tions or other circumstances are such or his designated representative. that application of this section is un- (2) Mariners requesting permission to necessary or impractical for the pur- transit through the safety zone may re- poses of public or environmental safe- quest authorization to do so from the ty. Patrol Commander (PATCOM). The (f) Notification. The Captain of the PATCOM may be contacted on VHF– Port Buffalo will notify the public that FM Channel 16. that the zones in this proposal are or (3) All persons and vessels shall com- will be enforced by all appropriate ply with the instructions of the Coast means to the affected segments of the Guard Captain of the Port or his des- public including publication in the ignated representative. FEDERAL REGISTER as practicable, in (4) Upon being hailed by U.S. Coast accordance with 33 CFR 165.7(a). Such Guard patrol personnel by siren, radio, means of notification may also include, flashing light, or other means, the op- but are not limited to Broadcast Notice erator of a vessel shall proceed as di- to Mariners or Local Notice to Mari- rected. ners. The Captain of the Port will issue (5) The Coast Guard may be assisted a Broadcast Notice to Mariners noti- by other federal, state, or local agen- fying the public when enforcement of cies. the safety zone established by this sec- [USCG–2008–0399, 73 FR 35344, June 23, 2008] tion is cancelled. EFFECTIVE DATE NOTE: By USCG–2008–0399, [USCG–2008–0219, 73 FR 28705, May 19, 2008] 73 FR 35344, June 23, 2008, temporary § 165.T11–036 was added, effective June 14, 2008 ELEVENTH COAST GUARD DISTRICT through Aug. 31, 2008.

§ 165.T11–036 Safety Zone; San Diego § 165.1101 Security Zone: San Diego Symphony Orchestra; San Diego, Bay, CA. CA. (a) Location. The following area is a (a) Location. The limits of the tem- security zone: the water area within porary safety zone would include a 150 Naval Station, San Diego enclosed by radius around the anchored firing the following points: Beginning at barge located at approximately 32°42′12″ 32°41′16.5″ N, 117°08′01″ W (Point A); N., 117°10′01″ W. thence running southwesterly to (b) Enforcement Period. This section 32°40′58.3″ N, 117°08′11.0″ W (Point B); to will be enforced from 9 p.m. to 10 p.m. 32°40′36.0″ N 117°07′49.1″ W (Point C); to on each of the following days: June 14, 32°40′17.0′ N, 117°07′34.6″ W (Point D); to June 27–28, July 4–6, July 11–13, July 32°39′36.4″ N, 117°07′24.8″ W (Point E); to 18–20, July 24–26, August 1–3, August 8– 32°39′38.5″ N 117°07′06.5″ W, (Point F); 10, August 15–16, August 21–23, and Au- thence running generally northwest- gust 29–31, 2008. If the need for the safe- erly along the shoreline of the Naval ty zone ends before the scheduled ter- Station to the place of the beginning. mination time, the Captain of the Port All coordinates referenced use datum: will cease enforcement of this safety NAD 1983. zone. (b) Regulations. (1) In accordance with (c) Definitions. The following defini- the general regulations in § 165.33 of tion applies to this section: Designated this part, entry into the area of this representative means any commis- zone is prohibited unless authorized by sioned, warrant, and petty officer of the Captain of the Port San Diego; the Coast Guard on board Coast Guard, Commander, Naval Base San Diego; Coast Guard Auxiliary, and local, Commander, Navy Region Southwest; state, and federal law enforcement ves- or the Commanding Officer, Naval Sta- sels who has been authorized to act on tion, San Diego. the behalf of the Captain of the Port. (2) Persons desiring to transit the (d) Regulations. (1) In accordance with area of the security zone may contact the general regulations in § 165.23 of the Captain of the Port at telephone this part, entry into, transit through number 619–683–6495 or on VHF channel or anchoring within this zone by all 16 (156.8 MHz) to seek permission to

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transit the area. If permission is grant- § 165.1103 Security Zone: San Diego ed, all persons and vessels must comply Bay, CA. with the instructions of the Captain of (a) Location. The following area is a the Port or his or her designated rep- security zone: The water adjacent to resentative. the Naval Submarine Base, San Diego, (c) Authority. In addition to 33 U.S.C. commencing on a point on the shore- 1231 and 50 U.S.C. 191, the authority for line of Ballast Point, at 32° 41′11.2″ N, this section includes 33 U.S.C. 1226. 117° 13′57.0″ W (Point A), thence north- (d) Enforcement. The U.S. Coast erly to 32° 41′31.8″ N, 117° 14′00.6″ W Guard may be assisted in the patrol (Point B), thence westerly to 32° 41′32.7″ ° ′ ″ and enforcement of this security zone N, 117 14 03.2 W (Point C), thence ° ′ ″ by the U.S. Navy. southwesterly to 32 41 30.5 N, 117° 14′17.5″ W (Point D), thence gen- [COTP San Diego 04–019, 70 FR 2021, Jan. 12, erally southeasterly along the shore- 2005] line of the Naval Submarine Base to the point of beginning, (Point A). All § 165.1102 Security Zone: San Diego coordinates referenced use datum: NAD Bay, California. 1983. (a) Location. The following area is a (b) Regulations. (1) In accordance with security zone: The water area adjacent the general regulations in § 165.33 of to the Naval Ocean Systems Center, this part, entry into the area of this San Diego, California, and the Naval zone is prohibited unless authorized by Supply Center, San Diego, California, the Captain of the Port San Diego; described as follows: Commander, Naval Base Point Loma; or Commander, Navy Region South- Commencing at a point on the shoreline of west. Point Loma, at latitude 32°41′57.8″ N, lon- (2) Persons desiring to transit the gitude 117°14′17.5″ W (Point A), for a place of area of the security zone may contact beginning; thence easterly to latitude the Captain of the Port at telephone 32°41′56.0″ N, longitude 117°14′09.9″ W (Point number 619–683–6495 or on VHF channel B); thence northeasterly to latitude 16 (156.8 MHz) to seek permission to 32°42′03.8″ N, longitude 117°14′04.7″ W (Point transit the area. If permission is grant- C); thence northeasterly to latitude ed, all persons and vessels must comply ° ′ ″ ° ′ ″ 32 42 10.2 N, longitude 117 14 00.6 W (Point with the instructions of the Captain of D); thence northwesterly to latitude the Port or his or her designated rep- 32°42′14.6″ N, longitude 117°14′02.1″ W (Point E); thence northwesterly to latitude resentative. 32°42′22.7″ N, longitude 117°14′05.8″ W (Point (c) Authority. In addition to 33 U.S.C. F); thence northwesterly to latitude 1231 and 50 U.S.C. 191, the authority for 32°42′28.3″ N, longitude 117°14′08.4″ W (Point this section includes 33 U.S.C. 1226. G); thence westerly to latitude 32°42′28.3″ N, (d) Enforcement. The U.S. Coast longitude 117°14′09.6″ W (Point H); thence Guard may be assisted in the patrol generally southerly along the shoreline of and enforcement of this security zone Point Loma to the place of beginning (Point by the U.S. Navy. A). [COTP San Diego 03–010, 68 FR 25290, May 12, (b) Regulations. In accordance with 2003] the general regulations in § 165.33 of § 165.1104 Security Zone: San Diego this part, entry into the area of this Bay, CA. zone is prohibited unless authorized by the Captain of the Port, the Com- (a) Location. The following area is a mander, Naval Base, San Diego, the security zone: on the waters along the northern shoreline of Naval Base Coro- Commander, Naval Ocean Systems nado, the area enclosed by the fol- Center, San Diego, or the Commanding lowing points: Beginning at 32°42′53.0″ Officer, Naval Supply Center, San N, 117°11′45.0 W (Point A); thence run- Diego. Section 165.33 also contains ning northerly to 32°42′55.5″ N, other general requirements. 117°11′45.0″ W, (Point B); thence running [COTP San Diego Reg. 85–20, 51 FR 8197, Mar. easterly to 32°42′57.0″ N, 117°11′31.0″ W, 10, 1986. Redesignated by USCG–2001–9286, 66 (Point C); thence southeasterly to FR 33642, June 25, 2001] 32°42′42.0″ N, 117°11′04.0″ W (Point D);

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thence southeasterly to 32°42′21.0″ N, (b) Regulations. In accordance with 117°10′47.0″ W (Point E) thence running the general regulations in § 165.33 of southerly to 32°42′13.0″ N, 117°10′51.0″ W this part, entry into the area of this (Point F); thence running generally zone is prohibited unless authorized by northwesterly along the shoreline of the Captain of the Port or the Com- Naval Base Coronado to the place of be- manding Officer, Naval Air Station ginning. All coordinates referenced use North Island. Section 165.33 also con- datum: NAD 1983. tains other general requirements. (b) Regulations. (1) In accordance with [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. the general regulations in Sec. 165.33 of 30, 1986, as amended at 52 FR 8893, Mar. 20, this part, entry into the area of this 1987. Redesignated by USCG–2001–9286, 66 FR zone is prohibited unless authorized by 33642, June 25, 2001] the Captain of the Port San Diego; Commander, Naval Base Coronado, or § 165.1106 San Diego Bay, California— Commander, Navy Region Southwest. safety zone. (2) Persons desiring to transit the (a) The waters of San Diego Bay en- area of the security zone may contact closed by the following boundaries are the Captain of the Port at telephone a safety zone: number 619–683–6495 or on VHF channel From a point located on the bound- 16 (156.8 MHz) to seek permission to ary of Coast Guard Air Station San transit the area. If permission is grant- Diego, California at latitude 32°43′37.2″ ed, all persons and vessels must comply N, longitude 117°10′45.0″ W (point A), for with the instructions of the Captain of a point of beginning; thence southeast- the Port or his or her designated rep- erly to latitude 32°43′36.2″ N, longitude resentative. 117°10′41.5″ W (point B); thence south- (c) Authority. In addition to 33 U.S.C. westerly to latitude 32°43′20.2″ N, lon- 1231 and 50 U.S.C. 191, the authority for gitude 117°10′49.5″ W (point C); thence this section includes 33 U.S.C. 1226. northwesterly to latitude 32°43′25.7″ N, (d) Enforcement. The U.S. Coast longitude 117°11′04.6″ W (point D); Guard may be assisted in the patrol thence northeasterly to latitude and enforcement of this security zone 32°43′35.7″ N, longitude 117°10′59.5″ W by the U.S. Navy. (point E); thence generally easterly 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 117°13′40.6″ W; [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and 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

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Thence south along the shoreline to berth within the San Diego port area inside the sea buoys bounding the Port 32°41′11.2″ N 117°13′31.3″ W 32°41′11.2″ N 117°13′58.5″ W of San Diego; and (3) All waters, extending from the Thence north along the shoreline to the point of origin. surface to the sea floor, within a 100 yard radius around any cruise ship that Datum: NAD 1983. is underway on the waters inside the (b) Regulations. (1) During submarine sea buoys bounding the Port of San docking/undocking operations at the Diego. U.S. Naval Submarine Base on Ballast (c) Regulations. (1) In accordance with Point, San Diego Bay, California, mari- the general regulation in § 165.33 of the ners transiting within the regulated part, entry into or remaining in these navigation area shall proceed at a zones is prohibited unless authorized speed that generates no wake from by the Coast Guard Captain of the their vessel. Port, San Diego or his designated rep- (2) The Coast Guard will issue a resentative. Broadcast Notice to Mariners, and if (2) Persons desiring to transit the time permits a Local Notice to Mari- area of the security zones may contact ners, to inform the maritime commu- the Captain of the Port at telephone nity of the dates and times of the sub- number (619) 683–6495 or on VHF-FM marine docking/undocking operations channel 16 (156.8 MHz) to seek permis- covered by paragraph (b)(1). sion to transit the area. If permission (3) The master and/or operator of a vessel within the regulated navigation is granted, all persons and vessels must area shall comply with any other or- comply with the instructions of the ders or directions issued by the Coast Captain of the Port or his or her des- Guard as required for the safety of the ignated representative. submarine docking/undocking oper- (d) Authority. In addition to 33 U.S.C. ations covered by paragraph (b)(1). 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226. [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR (e) Enforcement. The U.S. Coast Guard 40360, Aug. 14, 1991, as amended by USCG– 1998–3799, 63 FR 35533, June 30, 1998. Redesig- may be assisted in the patrol and en- nated by USCG–2001–9286, 66 FR 33642, June forcement of the security zones by the 25, 2001] San Diego Harbor Police.

§ 165.1108 Security Zones; Cruise [COTP San Diego 02–026, 68 FR 1008, Jan. 8, Ships, Port of San Diego, California. 2003] (a) Definition. ‘‘Cruise ship’’ as used § 165.1110 Security Zone: Coronado in this section means a passenger ves- Bay Bridge, San Diego, CA. sel, except for a ferry, 100 gross tons or (a) Location. All navigable waters of more, authorized to carry more than 12 San Diego Bay, from the surface to the passengers for hire; capable of making sea floor, within 25 yards of all piers, international voyages lasting more abutments, fenders and pilings of the than 24 hours, any part of which is on Coronado Bay Bridge. These security the high seas; and for which passengers zones will not restrict the main naviga- are embarked, disembarked or at a port tional channel nor will it restrict ves- of call in the San Diego port. sels from transiting through the chan- (b) Location. The following areas are nel. security zones: (1) All waters, extending from the (b) Regulations. (1) Under § 165.33, surface to the sea floor, within a 100 entry into, transit through, loitering, yard radius around any cruise ship that or anchoring within any of these secu- is anchored at a designated anchorage rity zones by all persons and vessels is within the San Diego port area inside prohibited, unless authorized by the the sea buoys bounding the port of San Captain of the Port, or his designated Diego. representative. Mariners seeking per- (2) The shore area and all waters, ex- mission to transit through a security tending from the surface to the sea zone may request authorization to do floor, within a 100 yard radius around so from Captain of the Port or his des- any cruise ship that is moored at any ignated representative. The Coast 785

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Guard can be contacted on San Diego 117°10′38″ W (Point C); to 32°42′54″ N, Bay via VHF-FM channel 16. 117°10′25″ W (Point D). (2) Vessels may enter a security zone (b) Regulations. In accordance with if it is necessary for safe navigation the general regulations in § 165.33, and circumstances do not allow suffi- entry into the area of this zone is pro- cient time to obtain permission from hibited unless authorized by the Cap- the Captain of the Port. tain of the Port or the Commander, [COTP San Diego 04–015, 69 FR 43915, July 23, Navy Region Southwest. Section 165.33 2004] also contains other general requirements. § 165.1120 Security Zone; Naval Am- (c) Enforcement. The U.S. Coast Guard phibious Base, San Diego, CA. may be assisted in the patrol and en- (a) Location. The following area is a forcement of this security zone by the security zone: the waters of San Diego U.S. Navy. Bay, enclosed by lines connecting the following points: Beginning at [CGD11–01–008, 67 FR 4660, Jan. 31, 2002] 32°40′30.0″ N, 117°10′03.0″ W (Point A); § 165.1122 San Diego Bay, Mission Bay thence running northeasterly to and their Approaches—Regulated 32°40′54.0″ N, 117°09′35.5″ W (Point B); navigation area. thence running northeasterly to 32°40′55.0″ N, 117°09′27.0″ W (Point C); (a) Regulated navigation area. The fol- thence running southeasterly to lowing area is a regulated navigation 32°40′43.0″ N, 117°09′09.0″ W (Point D); area (RNA): All waters of San Diego thence running southerly to 32°40′39.0″ Bay, Mission Bay, and their approaches N, 117°09′08.0″ (Point E); thence running encompassed by a line commencing at southwesterly to 32°40′30.0″ N, Point La Jolla (32°51′06″ N, 117°16′42″ W); 117°09′12.9″ W (Point F); thence running thence proceeding seaward on a line a short distance to 32°40′29.0″ N, bearing 255° T to the outermost extent 117°09′14.0″ W (Point G); thence running of the territorial seas; thence pro- southwesterly to 32°40′26.0″ N, ceeding southerly along the outermost 117°09′17.0″ W (Point H); thence running extent of the territorial seas to the northwesterly to the shoreline to 32°40′ intersection of the maritime boundary 31.0″ N, 117°09′ 22.5″ W (Point I), thence with Mexico; thence proceeding eas- running along the shoreline to the be- terly, along the maritime boundary ginning point. with Mexico to its intersection with (b) Regulations. In accordance with the California coast; thence proceeding the general regulations in § 165.33 of northerly, along the shoreline of the this part, entry into the area of this California coast—and including the in- zone is prohibited unless authorized by land waters of San Diego Bay and Mis- the Captain of the Port or the Com- sion Bay, California, shoreward of the mander, Navy Region Southwest. COLREGS Demarcation Line —back to (c) Enforcement. The U.S. Coast Guard the point of origin. All coordinates ref- may be assisted in the patrol and en- erence 1983 North American Datum forcement of this security zone by the (NAD 83). U.S. Navy. (b) Definitions. As used in this section— [CGD11–01–011, 67 FR 4661, Jan. 31, 2002] COLREGS Demarcation Line means § 165.1121 Security Zone: Fleet Supply the line described at 33 CFR 80.1104 or Center Industrial Pier, San Diego, 80.1106. CA. Public vessel means a vessel that is (a) Location. The following area is a owned or demise—(bareboat) chartered security zone: the waters of San Diego by the government of the United Bay extending approximately 100 feet States, by a State or local government, from the north, west, and south sides of or by the government of a foreign the Fleet Industrial Supply Center en- country and that is not engaged in closed by lines connecting the fol- commercial service. lowing points: Beginning at 32°42′50″ N, Vessel means every description of 117°10′25″ W (Point A); to 32°42′50″ N, watercraft or other artificial contriv- 117°10′38″ W (Point B); to 32°42′54″ N, ance used, or capable of being used, as

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a means of transportation on water the U.S. Coast Guard, and any U.S. other than a public vessel. Coast Guard patrol vessel. Upon being (c) Applicability. This section applies hailed by a U.S. Coast Guard vessel by to all vessels of 100 gross tons (GT) or siren, radio, flashing light, or other more, including tug and barge com- means, the operator of a vessel shall binations of 100 GT or more (com- proceed as directed. bined), operating within the RNA, with (e) Waivers. The Captain of the Port the exception of public vessels, vessels or designated representative may, upon not intending to cross the COLREGS request, waive any regulation in this Demarcation Line and enter San Diego section. Bay or Mission Bay, and any vessels exercising rights under principles of [CGD11–05–002, 70 FR 70495, November 22, 2005] international law, including innocent passage or force majeure, within the § 165.1131 Security Zone: Wilson Cove, area of this RNA. Vessels operating San Clemente Island, California. properly installed, operational, type approved automatic identification sys- (a) Location. The following area is a tem (AIS) as denoted in 33 CFR 164.46 security zone: The water area adjacent are exempted from making requests as to San Clemente Island, California required in this regulation. within 1.5 nautical miles (1.73 statute (d) Regulations. (1) No vessel to which miles, 2.8 kilometers) of the shoreline this rule applies may enter, depart or of San Clemente Island from Wilson move within San Diego Bay or Mission Cove North End Light (LLNR 2565) to Bay unless it complies with the fol- Spruce Pier, approximately 4.1 nautical lowing requirements: miles (4.7 statute miles, 7.65 kilo- (i) Obtain permission to enter San meters) southeast of Wilson Cove Diego Bay or Mission Bay from the North End Light, described as follows: Captain of the Port or designated rep- Starting at a point on the shoreline resentative immediately upon entering of San Clemente Island, California, in ° ′ ″ ° ′ ″ the RNA. However, to avoid potential position 33 01 25.0 N, 118 33 43.0 W, for delays, we recommend seeking permis- a place of beginning (point A), thence ° ′ ″ sion 30 minutes prior to entering the northeasterly to 33 02 11.0 N, ° ′ ″ RNA. 118 32 13.5 W (point B), thence south- ° ′ ″ ° ′ ″ (ii) Follow all instructions issued by easterly to 32 58 40.5 N, 118 29 15.5 W the Captain of the Port or designated (point C), thence southwesterly to ° ′ ″ ° ′ ″ representative. 32 57 54.0 N, 118 31 17.2 W (point D), (iii) Obtain permission for any depar- thence northwesterly along the shore- ture from or movement within the line of San Clemente Island to the RNA from the Captain of the Port or place of beginning. designated representative prior to get- (b) Regulations. In accordance with ting underway. the general regulations in § 165.33 of (iv) Follow all instructions issued by this part, entry into the area of this the Captain of the Port or designated zone is prohibited unless authorized by representative. the Captain of the Port, San Diego, (v) Requests may be made by tele- California. Section 165.33 also contains phone at 619–278–7033 (select option 2) other general requirements. or via VHF-FM radiotelephone on [COTP San Diego Reg. 87–04, 52 FR 18230, channel 16 (156.800 Mhz). The call sign May 14, 1987. Redesignated by USCG–2001– for radiotelephone requests to the Cap- 9286, 66 FR 33642, June 25, 2001] tain of the Port or designated representative is ‘‘Coast Guard Sector San § 165.1151 Security Zones; liquefied Diego.’’ hazardous gas tank vessels, San (2) For purposes of the requirements Pedro Bay, California. in paragraph (d)(1) of this section, the (a) Definition. ‘‘Liquefied Hazardous Captain of the Port or designated rep- Gas’’ as used in this section means a resentative means any official des- liquid containing one or more of the ignated by the Captain of the Port, in- products listed in Table 127.005 of this cluding but not limited to commis- part that is carried in bulk on board a sioned, warrant, and petty officers of tank vessel as liquefied petroleum gas,

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liquefied natural gas, or similar lique- (e) Enforcement. The U.S. Coast Guard fied gas products. may be assisted in the patrol and en- (b) Location. The following areas are forcement of these security zones by security zones: the Los Angeles Port Police and the (1) All waters, extending from the Long Beach Police Department. surface to the sea floor, within a 500 [COTP Los Angeles-Long Beach 02–005, 68 FR yard radius around any liquefied haz- 13233, Mar. 19, 2003] ardous gas (LHG) tank vessel that is anchored at a designated anchorage ei- § 165.1152 San Pedro Bay, California— ther inside the Federal breakwaters Regulated navigation area. bounding San Pedro Bay or outside at (a) Applicability. This section applies designated anchorages within three to all vessels unless otherwise speci- nautical miles of the breakwater; fied. (Note: All geographic coordinates (2) The shore area and all waters, ex- are defined using North American tending from the surface to the sea Datum 1983 (NAD 83)). floor, within a 500 yard radius around (b) Deviations. The Captain of the any LHG tank vessel that is moored, or Port of Los Angeles-Long Beach or his in the process of mooring, at any berth or her designated representative may within the Los Angeles or Long Beach authorize a deviation from the require- port areas inside the Federal break- ments of this regulation when it is waters bounding San Pedro Bay; deemed necessary in the interests of (3) All waters, extending from the safety. surface to the sea floor, within 1000 (c) Location. (1) The San Pedro Bay yards ahead and 500 yards on each side Regulated Navigation Area (RNA) con- and astern of any LHG tank vessel that sists of the water area enclosed by the is underway either on the waters inside Los Angeles-Long Beach breakwater the Federal breakwaters bounding San and a line connecting Point Fermin Pedro Bay or on the waters within Light at 33°42.30′ N, 118°17.60′ W, with three nautical miles seaward of the the following geographical positions: Federal breakwaters. (c) Regulations. (1) In accordance with Latitude Longitude the general regulations in § 165.33 of ° ′ ° ′ this part, entry into or remaining in 33 35.50 N ...... 118 17.60 W 33°35.50′ N ...... 118°09.00′ W these zones is prohibited unless author- 33°37.70′ N ...... 118°06.50′ W ized by the Coast Guard Captain of the 33°43.40′ N ...... 118°10.80′ W Port Los Angeles-Long Beach, or his or her designated representative. (2) The San Pedro Bay RNA consists (2) Persons desiring to transit the of the following named sub-areas, de- area of the security zone may contact fined by lines connecting their respec- the Captain of the Port at telephone tive geographic coordinates: number (800) 221–USCG (8724) or on (i) The Los Angeles Pilot Area: VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If per- Latitude Longitude mission is granted, all persons and ves- 33°42.50′ N ...... 118°15.10′ W sels shall comply with the instructions (Los Angeles Light) ° ′ ° ′ of the Captain of the Port or his or her 33 42.62 N ...... 118 14.70 W 33°41.30′ N ...... 118°13.50′ W designated representative. 33°40.85′ N ...... 118°14.90′ W (3) When any LHG tank vessels ap- 33°42.50′ N ...... 118°15.10′ W proach within 500 yards of a vessel that is moored or anchored, the stationary (ii) The Long Beach Pilot Area: vessel must stay moored or anchored Latitude Longitude while it remains within the LHG tank vessel’s security zone unless it is either 33°43.40′ N ...... 118°11.20′ W ordered by or given permission from (Long Beach Light) 33°43.40′ N ...... 118°10.80′ W the Captain of the Port Los Angeles- 33°41.50′ N ...... 118°10.22′ W Long Beach to do otherwise. 33°40.52′ N ...... 118°10.22′ W (d) Authority. In addition to 33 U.S.C. 33°40.52′ N ...... 118°11.82′ W 1231 and 50 U.S.C. 191, the authority for 33°41.50′ N ...... 118°11.82′ W 33°43.40′ N ...... 118°11.20′ W this section includes 33 U.S.C. 1226.

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(iii) The Los Angeles Deep Water Traf- (ii) Vessels entering the Long Beach fic Lane: Pilot Area shall pass directly through without stopping or loitering except as Latitude Longitude necessary to embark or disembark a 33°42.47′ N ...... 118°14.95′ W pilot. 33°42.56′ N ...... 118°14.75′ W 33°39.48′ N ...... 118°13.32′ W (iii) Every vessel shall leave Long 33°39.42′ N ...... 118°13.55′ W Beach Approach Lighted Whistle Buoy 33°42.47′ N ...... 118°14.95′ W ‘‘LB’’ to port when entering and departing Long Beach Channel and de- (iv) The Long Beach Deep Water Traf- parting vessels shall pass across the fic Lane: southern boundary of the Long Beach Latitude Longitude Pilot Area. (3) Los Angeles and Long Beach Deep 33°43.43′ N ...... 118°11.15′ W 33°43.39′ N ...... 118°10.90′ W Water Traffic Lanes. When a vessel of 50 33°41.51′ N ...... 118°10.71′ W foot draft or greater is using the Los ° ′ ° ′ 33 41.50 N ...... 118 10.95 W Angeles or Long Beach Deep Water 33°43.43′ N ...... 118°11.15′ W Traffic Lane no other vessel shall enter (v) Los Angeles Deep Water Pilot Area: the Deep Water Traffic Lane if it will A 0.5nm radius around 33°39.00′ N, result in a meeting, crossing or over- 118°13.19′ W. taking situation. (d) General regulations. The following (4) Los Angeles Deep Water Pilot Area. regulations contained in paragraphs When a vessel of 50 foot draft or great- (d)(1) through (d)(3) of this section er is embarking or disembarking a apply to power driven vessels of 1600 or pilot in the Los Angeles Deep Water more gross tons, a towing vessel of 8 Pilot Area no other vessel shall enter meters (approximately 26 feet) or over the Deep Water Pilot Area. in length engaged in towing, or vessels (5) Vessels described in paragraph (d) of 100 gross tons and upward carrying of this section may not enter the wa- one or more passengers for hire. ters between Commercial Anchorage G (1) A vessel shall not exceed a speed and the Middle Breakwater as defined of 12 knots through the water within by an area enclosed by the line begin- the RNA. (2) A vessel navigating within the ning at Los Angeles Main Channel En- ° ′ ° ′ RNA, shall have its engine(s) ready for trance Light 2 (33 42.70 N, 118 14.70 W), immediate maneuver and shall operate thence east along the Middle Break- its engine(s) in a control mode and on water to Long Beach Light (33°43.40′ N, fuel that will allow for an immediate 118°11.20′ W), thence south to (33°43.08′ response to any engine order, ahead or N, 118°11.26′ W), thence westerly to astern, including stopping its engine(s) (33°43.08′ N, 118°12.26′ W), thence south- for an extended period of time. westerly parallel to the breakwater to (3) A vessel navigating within the (33°42.43′ N, 118°14.30′ W), thence to the RNA shall maintain a minimum sepa- point of origin, unless such vessel is: ration from other vessels of at least (i) In an emergency; 0.25 nm. (ii) Proceeding to anchor in or de- (e) Specific regulations—(1) Los Angeles parting Commercial Anchorage G; Pilot Area. (i) No vessel may enter the (iii) Standing by with confirmed pilot Los Angeles Pilot Area unless it is en- boarding arrangements; or, tering or departing Los Angeles Harbor (iv) Engaged in towing vessels to or entrance (Angels Gate). from Commercial Anchorage G, or to (ii) Vessels entering the Los Angeles or from the waters between Commer- Pilot Area shall pass directly through without stopping or loitering except as cial Anchorage G and the Middle necessary to embark or disembark a Breakwater. pilot. [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- (2) Long Beach Pilot Area. (i) No vessel designated by USCG–2001–9286, 66 FR 33642, may enter the Long Beach Pilot Area June 25, 2001] unless it is entering or departing Long Beach Harbor entrance (Queens Gate).

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§ 165.1154 Security Zones; Cruise vessel must stay moored or anchored Ships, San Pedro Bay, California. while it remains within the cruise (a) Definition. ‘‘Cruise ship’’ as used ship’s security zone unless it is either in this section means a passenger ves- ordered by, or given permission from, sel, except for a ferry, over 100 feet in the COTP Los Angeles-Long Beach to length, authorized to carry more than do otherwise. 12 passengers for hire; making voyages (d) Authority. In addition to 33 U.S.C. lasting more than 24 hours, any part of 1231 and 50 U.S.C. 191, the authority for which is on the high seas; and for this section includes 33 U.S.C. 1226. which passengers are embarked or dis- (e) Enforcement. The U.S. Coast Guard embarked in the Port of Los Angeles or may be assisted in the patrol and en- Port of Long Beach. forcement of the security zone by the (b) Location. The following areas are Los Angeles Port Police and the Long security zones: Beach Police Department. (1) All waters, extending from the [COTP Los Angeles-Long Beach 02–004, 67 FR surface to the sea floor, within a 100 72563, Dec. 6, 2002] yard radius around any cruise ship that is anchored at a designated anchorage § 165.1155 Security Zone; Diablo Can- either inside the Federal breakwaters yon Nuclear Power Plant, Avila bounding San Pedro Bay or outside at Beach, California. designated anchorages within 3 nau- (a) Location. The following area is a tical miles of the Federal breakwaters; security zone: all waters of the Pacific (2) The shore area and all waters, ex- Ocean, from surface to bottom, within tending from the surface to the sea a 2,000 yard radius of Diablo Canyon floor, within a 100 yard radius around Nuclear Power Plant centered at posi- any cruise ship that is moored, or is in tion 35°12′23″ N, 120°51′23″ W. [Datum: the process of mooring, at any berth NAD 83]. within the Los Angeles or Long Beach (b) Regulations. (1) In accordance with port areas inside the Federal break- the general regulations in § 165.33 of waters bounding San Pedro Bay; and this part, entry into or remaining in (3) All waters, extending from the this zone is prohibited unless author- surface to the sea floor, within 200 ized by the Coast Guard Captain of the yards ahead, and 100 yards on each side Port, Los Angeles-Long Beach, or his and astern of a cruise ship that is un- or her designated representative. derway either on the waters inside the (2) Persons desiring to transit the Federal breakwaters bounding San area of the security zone may contact Pedro Bay or on the waters within 3 the Captain of the Port at telephone nautical miles seaward of the Federal number 1–800–221–8724 or on VHF-FM breakwaters. channel 16 (156.8 MHz). If permission is (c) Regulations. (1) In accordance with granted, all persons and vessels must the general regulations in § 165.33 of comply with the instructions of the this part, entry into or remaining in Captain of the Port or his or her des- these zones is prohibited unless author- ignated representative. ized by the Coast Guard Captain of the (c) Authority. In addition to 33 U.S.C. Port, Los Angeles-Long Beach, or his 1231, the authority for this section in- designated representative. cludes 33 U.S.C. 1226. (2) Persons desiring to transit the [COTP Los Angeles-Long Beach 02–006, 67 FR area of the security zone may contact 77430, Dec. 18, 2002] the Captain of the Port at telephone number 1–800–221–USCG (8724) or on § 165.1156 Safety Zone; Offshore Ma- VHF-FM channel 16 (156.8 MHz) to seek rine Terminal, El Segundo, CA. permission to transit the area. If per- (a) Location. The following area is a mission is granted, all persons and ves- safety zone: All waters of Santa sels must comply with the instructions Monica Bay, from surface to bottom, of the Captain of the Port or his or her enclosed by a line beginning at latitude designated representative. 33°54′59″ N, longitude 118°26′50″ W; then (3) When a cruise ship approaches to latitude 33°54′59″ N, longitude within 100 yards of a vessel that is 118°27′34″ W; then to latitude 33°54′00″ N, moored, or anchored, the stationary longitude 118°27′34″ W; then to latitude

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33°54′00″ N, longitude 118°26′50″ W; then thence southeasterly to latitude to the point of beginning (NAD 1983). 34°25′60.7″ N, longitude 114°18′42.7″ W, (b) Regulations. (1) In accordance with thence southwesterly to longitude the general regulations in § 165.23 of 34°25′51.4″ N, latitude 114°18′46.2″ W, this part, entry into or movement thence southeasterly to latitude within this zone is prohibited except 34°25′47.1″ N, longitude 114°18′49.4″ W, for: thence to the end of the navigable wa- (i) Commercial vessels authorized to ters of the canyon. use the offshore marine terminal for (b) Definitions. For the purposes of loading or unloading; this section: (ii) Commercial tugs, lighters, (1) Vessel: Every description of barges, launches, or other vessels au- watercraft, used or capable of being thorized to engage in servicing the off- used as a means of transportation on shore marine terminal or vessels there- the water, and regardless of mode of in; power. (iii) Public vessels of the United (2) Patrol Vessel: Vessels designated States. by the Captain of the Port, San Diego, (2) Persons desiring to transit the to enforce or assist in enforcing these area of the safety zone may contact the regulations, including Coast Guard, Captain of the Port at telephone num- Coast Guard Auxiliary, and San ber 1–800–221–8724 or on VHF-FM chan- Bernardino County Sheriff’s Depart- nel 16 (156.8 MHz). If permission is ment Vessels. granted, all persons and vessels must (c) Regulations. (1) Vessels, with the comply with the instructions of the exception of patrol vessels, shall not Captain of the Port or his or her des- anchor, moor, loiter in, or otherwise ignated representative. impede the transit of any other vessel (3) Nothing in this section shall be within the regulated navigation area. construed as relieving the owner or Furthermore, all vessels, with the ex- person in charge of any vessel from ception of patrol vessels, shall expedi- complying with the Navigation Rules tiously and continuously transit the as defined in 33 CFR chapter I, sub- regulated navigation area via the most chapters D and E and safe navigation direct route consistent with naviga- practice. tional safety. (2) During periods of vessels conges- [COTP Los Angeles-Long Beach 03–002, 70 FR 30640, May 27, 2005] tion within the Copper Canyon area, as determined by the Captain of the Port § 165.1171 Copper Canyon, Lake or his or her designated on-scene rep- Havasu, Colorado River—Regulated resentative, the regulated navigation Navigation Area. area will be closed to all vessels, with (a) Location. The following is a regu- the exception of patrol vessels. During lated navigation area: designated closure periods, no vessel (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]

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§ 165.1181 San Francisco Bay Region, Datum: NAD 83 California—regulated navigation (3) Golden Gate Separation Zone: The area. area 75 yards each side of a line con- (a) Applicability. This section applies necting the following coordinates: to all vessels unless otherwise speci- 37°48′08″ N, 122°31′05″ W; thence to 37°48′46″ N, fied. 122°29′40″ W. (b) Deviations. The Captain of the Port, San Francisco Bay, or the Com- Datum: NAD 83 manding Officer, Vessel Traffic Service (B) Golden Gate Precautionary Area: San Francisco, as a representative of An area bounded by a line connecting the Captain of the Port, may authorize the following coordinates beginning at: a deviation from the requirements of this regulation when it is deemed nec- 37°48′30″ N, 122°29′29″ W; thence to 37°48′52″ N, 122°28′41″ W; thence to 37°48′52″ N, 122°27′49″ W; essary in the interests of safety. thence to 37°49′36″ N, 122°27′46″ W; thence to (c) Regulated Navigation Areas—(1) 37°49′55″ N, 122°28′09″ W; thence to 37°49′28″ N, San Francisco Bay RNA. (i) The fol- 122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ W; lowing is a regulated navigation area— thence returning to the point of beginning. The waters bounded by a line con- Datum: NAD 83 necting the following coordinates, beginning at: (C) Central Bay Traffic Lanes—(1) Westbound traffic lane: Bounded by the 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, Central Bay precautionary area and 122°31′41″ W; thence along the shoreline to 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, the Golden Gate precautionary area, 122°28′00″ W; thence to 37°51′45″ N, 122°27′28″ W; between the Central Bay and the Deep thence to 37°52′58″ N, 122°26′06″ W; thence to Water Traffic Lane separation zones. 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, (2) Eastbound traffic lane: Bounded by 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; the Golden Gate precautionary area thence to 37°49′22″ N, 122°23′48″ W; thence to and the Central Bay precautionary 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N, area, between the Central Bay Separa- 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; tion Zone and a line connecting the fol- thence along the shoreline to the point of be- lowing coordinates, beginning at: ginning. 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, Datum: NAD 83 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W. (ii) The San Francisco Bay RNA con- Datum: NAD 83 sists of the following defined sub-areas: (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 area 75 yards each side of a line con- (2) Eastbound traffic lane. Bounded by necting the following coordinates, be- the COLREGS Demarcation Line (33 ginning at: CFR 80.1142) and the Golden Gate precautionary 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: Datum: NAD 83 37°47′50″ N, 122°30′48″ W; thence to 37°48′30″ N, (E) Deep Water Traffic Lane Separation ° ′ ″ 122 29 29 W. Zone: The area 75 yards each side of a

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line connecting the following coordi- 38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N, nates, beginning at: 122°22′18″ W; thence returning to the point of beginning. 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. Datum: NAD 83 Datum: NAD 83 (5) Benicia-Martinez Railroad Draw- bridge Regulated Navigation Area (RNA): (F) Central Bay Precautionary Area: The following is a regulated navigation An area bounded by a line connecting area—The waters bounded by the fol- the following coordinates, beginning lowing longitude lines: at: (i) 122°13′31″ W (coinciding with the 37°48′41″ N, 122°25′17″ W; thence to 37°49′32″ N, charted location of the Carquinez 122°25′13″ W; thence to 37°50′25″ N, 122°26′22″ W; Bridge) thence to 37°50′47″ N, 122°26′26″ W; thence to (ii) 121°53′17″ W (coinciding with the 37°51′04″ N, 122°24′58″ W; thence to 37°51′53″ N, charted location of New York Point) 122°24′58″ W; thence to 37°51′53″ N, 122°24′00″ W; Datum: NAD 83 thence to 37°51′40″ N, 122°23′48″ W; thence to (6) Southampton Shoal Channel/Rich- ° ′ ″ ° ′ ″ ° ′ ″ 37 49 22 N, 122 23 48 W; thence to 37 48 20 N, mond Harbor RNA: The following, con- 122°22′12″ W; thence to 37°47′02″ N, 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; thence re- sisting of two distinct areas, is a regu- turning along the shoreline to the point of lated navigation area— beginning. (i) The waters bounded by a line connecting the following coordinates, be- Datum: NAD 83 ginning at: (2) North Ship Channel RNA. The fol- 37°54′17″ N, 122°22′00″ W; thence to 37°54′08″ N, lowing is a regulated navigation area— 122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W; The waters bounded by a line con- thence to 37°54′30″ N, 122°23′09″ W; thence necting the following coordinates, be- along the shoreline to the point of beginning. ginning at: Datum: NAD 83 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, ° ′ ″ ° ′ ″ ° ′ ″ (ii) The waters bounded by a line con- 122 27 27 W; thence to 37 56 06 N, 122 26 49 W; necting the following coordinates, be- thence to 37°56′06″ N, 122°26′34″ W; thence to 37°54′48″ N, 122°26′42″ W; thence to 37°54′02″ N, ginning at: 122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; 37°54′28″ N, 122°23′36″ W; thence to thence to returning to the point of begin- 37°54′20″ N, 122°23′38″ W; thence to ning. 37°54′23″ N, 122°24′02″ W; thence to 37°54′57″ N, 122°24′51″ W; thence to Datum: NAD 83 37°55′05″ N, 122°25′02″ W; thence to 37°54′57″ N, 122°25′22″ W; thence to (3) San Pablo Strait Channel RNA. The 37°53′26″ N, 122°25′03″ W; thence to following is a regulated navigation 37°53′24″ N, 122°25′13″ W; thence to area—The waters bounded by a line 37°55′30″ N, 122°25′35″ W; thence to connecting the following coordinates, 37°55′40″ N, 122°25′10″ W; thence to beginning at: 37°54′54″ N, 122°24′30″ W; thence to 37°54′30″ N, 122°24′00″ W; thence returning to 37°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N, the point of beginning. 122°27′21″ W; thence to 38°00′48″ N, 122°24′45″ W; thence to 38°01′54″ N, 122°22′24″ W; thence to Datum: NAD 83 38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N, 122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W; (7) Oakland Harbor RNA: The fol- thence returning to the point of beginning. lowing is a regulated navigation area— The waters bounded by a line con- Datum: NAD 83 necting the following coordinates, be- (4) Pinole Shoal Channel RNA. The fol- ginning at: lowing is a regulated navigation area— 37°48′40″ N, 122°19′58″ W; thence to The waters bounded by a line con- 37°48′50″ N, 122°20′02″ W; thence to necting the following coordinates, be- 37°48′29″ N, 122°20′39″ W; thence to ginning at: 37°48′13″ N, 122°21′26″ W; thence to 37°48′10″ N, 122°21′39″ W; thence to 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, 37°48′20″ N, 122°22′12″ W; thence to 122°19′50″ W; thence to 38°03′23″ N, 122°18′31″ W; 37°47′36″ N, 122°21′50″ W; thence to thence to 38°03′13″ N, 122°18′29″ W; thence to 37°47′52″ N, 122°21′40″ W; thence to

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

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under the lift span (centered at coordi- (5) Oakland Harbor RNA: A power- nates 38°02′18″ N, 122°07′17″ W) of the driven vessel of 1600 or more gross tons railroad bridge across Carquinez Strait or a tug with a tow of 1600 or more at mile 7.0 shall, immediately after en- gross tons shall not enter the Oakland tering the RNA, determine whether the Harbor RNA when another power-driv- visibility around the lift span is 1⁄2 nau- en vessel of 1600 or more gross tons, or tical mile or greater. a tug with a tow of 1600 or more gross (B) If the visibility is less than 1⁄2 tons, is navigating therein, if such nautical mile, or subsequently becomes entry would result in meeting, cross- less than 1⁄2 nautical mile, the vessel ing, or overtaking the other vessel. shall not transit under the lift span. [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR (ii) Westbound vessels: (A) The master, 30157, June 7, 1995. Redesignated by USCG– pilot, or person directing the move- 2001–9286, 66 FR 33642, June 25, 2001, as ment of a power-driven vessel of 1600 or amended by USCG–2003–15404, 68 FR 37741, more gross tons or a tug with a tow of June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. 1600 or more gross tons traveling west- 21, 2004] bound and intending to transit under § 165.1182 Safety/Security Zone: San the lift span (centered at coordinates Francisco Bay, San Pablo Bay, 38°02′18″ N, 122°07′17″ W) of the railroad Carquinez Strait, and Suisun Bay, bridge across Carquinez Strait at mile CA. 7.0 shall, immediately after entering (a) Regulated Area. The following area the RNA determine whether the visi- is established as a moving safety/secu- 1 bility around the lift span is ⁄2 nau- rity zone: tical mile or greater. (1) All waters 200 yards ahead and 1 (B) If the visibility is less than ⁄2 astern and 100 yards to each side of nautical mile, the vessel shall not pass every vessel transporting nuclear ma- ° ′ ″ beyond longitude line 121 55 19 W (co- terials on behalf of the United States inciding with the charted position of Department of Energy while such ves- the westernmost end of Mallard Island) sels transit from a line drawn between until the visibility improves to greater San Francisco Main Ship Channel than 1⁄2 nautical mile around the lift buoys 7 and 8 (LLNR 4190 & 4195, posi- span. tions 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, (C) If after entering the RNA visi- 122°35.2′ W, respectively) until safely bility around the lift span subse- moored at the Weapons Support Facil- quently becomes less than 1⁄2 nautical ity Seal Beach Detachment Concord on mile, the master, pilot, or person di- Suisun Bay (position 38°03.3′ N, 122°02.5′ recting the movement of the vessel ei- W). All coordinates referenced use ther shall not transit under the lift datum: NAD 1983. span or shall request a deviation from (2) All waters within 100 yards of such the requirements of the RNA as pre- vessels described in paragraph (a)(1) of scribed in paragraph (b) of this section. this section while such vessels are con- (D) Vessels that are moored or an- ducting cargo operations at the Weap- chored within the RNA with the intent ons Support Facility Seal Beach De- to transit under the lift span shall re- tachment Concord. main moored or anchored until visi- (b) Notification. Commander, Elev- bility around the lift span becomes enth Coast Guard District, will cause greater than 1⁄2 nautical mile. notice of the activation of this safety/ (4) Southampton Shoal/Richmond Har- security zone to be made by all appro- bor RNA: A power-driven vessel of 1600 priate means to effect the widest pub- or more gross tons, or a tug with a tow licity among the affected segments of of 1600 or more gross tons, shall not the public, including publication in the enter Southampton Shoal/Richmond FEDERAL REGISTER as practicable, in Harbor RNA when another power-driv- accordance with the provisions of 33 en vessel of 1600 or more gross tons, or CFR 165.7(a); such means of announce- a tug with a tow of 1600 or more gross ment may include, but are not limited tons, is navigating therein, if such to, Broadcast Notice to Mariners. The entry would result in meeting, cross- Coast Guard will issue a Broadcast No- ing, or overtaking the other vessel. tice to Mariners notifying the public

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when nuclear materials cargo handling (b) Locations. The following areas are has been completed. security zones: (c) Effective Period. The safety/secu- (1) San Francisco Bay. All waters, ex- rity zone will be effective commencing tending from the surface to the sea at the time any vessel described in floor, within 100 yards ahead, astern paragraph (a)(1) of this section enters and extending 100 yards along either the zone described in paragraph (a)(1) side of any cruise ship, tanker or HIV of this section and will remain in effect that is underway, anchored, or moored until all spent nuclear materials cargo within the San Francisco Bay and handling operations have been com- Delta port areas shoreward of the line pleted at Weapons Support Facility drawn between San Francisco Main Seal Beach Detachment Concord. Ship Channel buoys 7 and 8 (LLNR 4190 (d) Regulations. The general regula- & 4195, positions 37°46.9′ N, 122°35.4′ W tions governing safety and security and 37°46.5′ N, 122°35.2′ W, respectively); zones contained in both 33 CFR 165.23 (2) Monterey Bay. All waters, extend- in 33 CFR 165.33 apply. Entry into, ing from the surface to the sea floor, transit through, or anchoring within within 100 yards ahead, astern and ex- this moving safety/security zone is pro- tending 100 yards along either side of hibited unless authorized by Com- any cruise ship, tanker or HIV that is mander, Eleventh Coast Guard Dis- underway, anchored, or moored within trict, or his designated representative. the Monterey Bay area shoreward of a [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- line drawn between Santa Cruz Light designated by USCG–2001–9286, 66 FR 33642, (LLNR 305) to the north in position June 25, 2001] 36°57.10′ N, 122°01.60′ W, and Cypress Point, Monterey to the south, in posi- § 165.1183 Security Zones; Cruise ° ′ ° ′ Ships, Tankers and High Interest tion 36 34.90 N, 121 58.70 W. Vessels, San Francisco Bay and (3) Humboldt Bay. All waters, extend- Delta Ports, Monterey Bay and ing from the surface to the sea floor, Humboldt Bay, California. within 100 yards ahead, astern and ex- (a) Definitions. As used in this sec- tending 100 yards along either side of tion— any cruise ship, tanker or HIV that is Cruise ship means any vessel over 100 underway, anchored, or moored within gross register tons, carrying more than the Humboldt Bay area shoreward of a 12 passengers for hire which makes 4 nautical mile radius line drawn to the voyages lasting more than 24 hours, of west of the Humboldt Bay Entrance which any part is on the high seas. Pas- Lighted Whistle Buoy HB (LLNR 8130), sengers from cruise ships are embarked in position 40°46.25′ N, 124°16.13′ W. or disembarked in the U.S. or its terri- (c) Regulations. (1) In accordance with tories. Cruise ships do not include fer- the general regulations in § 165.33 of ries that hold Coast Guard Certificates this part, entry into or remaining in of Inspection endorsed for ‘‘Lakes, this zone is prohibited unless author- Bays and Sounds’’ that transit inter- ized by the Coast Guard Captain of the national waters for only short periods Port, San Francisco Bay, or his des- of time on frequent schedules. ignated representative. High Interest Vessel or HIV means any (2) Persons desiring to transit the vessel deemed by the Captain of the area of the security zone may contact Port, or higher authority, as a vessel the Captain of the Port at telephone requiring protection based upon risk number 415–399–3547 or on VHF-FM assessment analysis of the vessel and is channel 16 (156.8 MHz) to seek permis- therefore escorted by a Coast Guard or sion to transit the area. If permission other law enforcement vessel with an is granted, all persons and vessels must embarked Coast Guard commissioned, warrant, or petty officer. comply with the instructions of the Captain of the Port, or his designated Tanker means any self-propelled tank representative. vessel constructed or adapted primarily to carry oil or hazardous mate- [COTP San Francisco Bay 04–003, 70 FR 18307, rials in bulk in the cargo spaces. Apr. 11, 2005]

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§ 165.1185 Regulated Navigation Area; duct official business such as scheduled San Francisco Bay, San Pablo Bay, maintenance or retrofit operations, or Carquinez Strait, Suisun Bay, Sac- unless specifically authorized by the ramento River, San Joaquin River, Captain of the Port San Francisco Bay and connecting waters in Cali- or his designated representative. fornia. (2) Persons desiring to transit the (a) Location. All waters of San Fran- area of the security zone may contact cisco Bay, San Pablo Bay, Carquinez the Captain of the Port at telephone Strait, Suisun Bay, Sacramento River, number 415–399–3547 or on VHF-FM San Joaquin River, and connecting wa- channel 16 (156.8 MHz) to seek permis- ters in California are a Regulated Navi- sion to transit the area. If permission gation Area. is granted, all persons and vessels must (b) Definitions. ‘‘Liquefied hazardous comply with the instructions of the gas (LHG)’’ is a liquid containing one Captain of the Port or his or her des- or more of the products listed in Table ignated representative. 127.005 of 33 CFR 127.005 that is carried (c) Enforcement. All persons and ves- in bulk on board a tank vessel as a liq- sels shall comply with the instructions uefied gas product. The hazards nor- of the Coast Guard Captain of the Port mally associated with these products or the designated on-scene patrol per- include toxic or flammable properties sonnel. Patrol personnel comprise com- or a combination of both. missioned, warrant, and petty officers (c) Regulations. All vessels loaded of the Coast Guard onboard Coast with a cargo of liquefied hazardous gas Guard, Coast Guard Auxiliary, local, (LHG) within this Regulated Naviga- tion Area must proceed directly to state, and federal law enforcement ves- their intended cargo reception facility sels. Upon being hailed by U.S. Coast to discharge their LHG cargo, unless: Guard patrol personnel by siren, radio, (1) The vessel is otherwise directed or flashing light, or other means, the op- permitted by the Captain of the Port. erator of a vessel shall proceed as di- The Captain of the Port can be reached rected. at telephone number (415) 399–3547 or on [COTP San Francisco Bay 03–029, 69 FR 11316, VHF-FM channel 16 (156.8 MHz). If per- Mar. 10, 2004] mission is granted, all persons and vessels must comply with the instructions § 165.1190 Security Zone; San Fran- of the Captain of the Port or his or her cisco Bay, Oakland Estuary, Ala- designated representative. meda, CA. (2) The vessel is in an emergency sit- (a) Location. The following area is a uation and unable to proceed as di- security zone: All navigable waters of rected in paragraph (a) of this section the Oakland Estuary, California, from without endangering the safety of per- the surface to the sea floor, approxi- sons, property, or the environment. mately 50 yards into the Oakland Estu- [CGD11 04–001, 69 FR 30206, May 27, 2004] ary surrounding the Coast Guard Island Pier. The perimeter of the security § 165.1187 Security Zones; Golden Gate zone follows the same perimeter as the Bridge and the San Francisco-Oak- floating security barrier installed land Bay Bridge, San Francisco around the Coast Guard Island pier. Bay, California. The perimeter of the security barrier is (a) Location. All waters extending located along the following coordi- from the surface to the sea floor, with- nates: commencing at a point on land in 25 yards of all piers, abutments, approximately 50 yards northwest of fenders and pilings of the Golden Gate the northwestern end of the Coast Bridge and the San Francisco-Oakland Guard Island Pier at latitude Bay Bridge, in San Francisco Bay, 37°46′53.60″ N and longitude 122°15′06.10″ California. W; thence to the edge of the navigable (b) Regulations. (1) In accordance with channel at latitude 37°46′51.83″ N and the general regulations in § 165.33 of longitude 122°15′07.47″ W; thence to a this part, entry into these security position approximately 10 yards into zones is prohibited, unless doing so is the charted navigation channel at lati- necessary for safe navigation, to con- tude 37°46′51.27″ N and longitude

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122°15′07.22″ W; thence closely paral- § 165.1191 Safety zones: Northern Cali- leling the edge of the charted naviga- fornia annual fireworks events. tion channel to latitude 37°46′46.75″ N (a) General. Safety zones are estab- and longitude 122°15′00.21″ W; thence lished for the events listed in Table 1 of closely paralleling the edge of the this section. Further information on charted navigation channel to a point exact dates, times, and other details approximately 20 yards into the concerning the exact geographical de- charted navigation channel at latitude scription of the areas are published by 37°46′42.36″ N and longitude 122°14′51.55″ the Eleventh Coast Guard District in W; thence to a point on land approxi- the Local Notice to Mariners prior to mately 50 yards southeast of the south- each event. eastern end of the Coast Guard Island (b) Regulations. ‘‘Official Patrol Ves- Pier at latitude 37°46′44.80″ N and lon- sels’’ consist of any Coast Guard, other gitude 122°14′48.80″ W; thence northwest Federal, state or local law enforce- along the shoreline back to the begin- ment, and any public or sponsor-pro- ning point. vided vessels assigned or approved by (b) Regulations. (1) Under § 165.33, Commander, Coast Guard Sector San Francisco, to patrol each event. entry into or remaining in this zone is (1) In accordance with the general prohibited unless authorized by the regulations in § 165.23 of this part, en- Coast Guard Captain of the Port, San tering into, transiting through, or an- Francisco Bay, or his designated rep- choring within these zones is prohib- resentative. ited, unless authorized by the Patrol (2) Persons desiring to transit the Commander. area of the security zone may contact (2) Each person in a safety zone who the Captain of the Port at telephone receives notice of a lawful order or di- number 415–399–3547 or on VHF-FM rection issued by an official patrol ves- channel 16 (156.8 MHz) to seek permis- sel shall obey the order or direction. sion to transit the area. If permission (3) The Patrol Commander is granted, all persons and vessels must (PATCOM) is empowered to forbid and comply with the instructions of the control the movement of all vessels in Captain of the Port or his designated the regulated area. The Patrol Com- representative. mander shall be designated by the (c) Enforcement. The Captain of the Commander, Coast Guard Sector San Port will enforce this security zone and Francisco; will be a U.S. Coast Guard may be assisted in the patrol and en- commissioned officer, warrant officer forcement of this security zone by any or petty officer to act as the Sector Federal, State, county, municipal, or Commander’s official representative; private agency. and will be located aboard the lead official patrol vessel. [COTP San Francisco Bay 05–006, 70 FR 48874, (4) The Patrol Commander may, upon Aug. 22, 2005] request, allow the transit of commercial vessels through regulated areas when it is safe to do so.

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

KFOG KaBoom Sponsor ...... KFOG Radio, San Francisco. Event Description ...... Fireworks display. Date ...... Last Saturday in May. Location ...... 1,000 feet off Pier 30/32. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform. Fourth of July Fireworks, City of Monterey

Sponsor ...... City of Monterey, Recreation & Community Services Department. Event Description ...... Fireworks Display. Date ...... July 4th.

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

Location ...... Monterey Bay, East of Municipal Wharf #2. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

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 waterfront, North of Spinnaker Rest. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, Lake Tahoe

Sponsor ...... Anchor Trust. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... 1,000 feet off Incline Village, Nevada in Crystal Bay. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, South Lake Tahoe Gaming Alliance

Sponsor ...... Harrah’s Lake Tahoe. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off South Lake Tahoe, California near Nevada border. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Independence Day Fireworks

Sponsor ...... North Tahoe Fire Protection District. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore from Kings Beach State Beach. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

July 4th Fireworks Display

Sponsor ...... North Tahoe Fire Protection District. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore of Common Beach, Tahoe City, CA. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

San Francisco Chronicle Fireworks Display

Sponsor ...... San Francisco Chronicle. Event Description ...... Fireworks Display. Date ...... July 4th. Location 1 ...... A barge located approximately 1,000 feet off of San Francisco Pier 39 at approximately: 37°48′49.0″ N, 122°24′46.5″ W. Regulated Area ...... The area of navigable waters within a 1,000 foot radius of the launch platform. Location 2 ...... The end of the San Francisco Municipal Pier at Aquatic Park at approximately: 37°48′38.5″ N, 122°25′30.0″ W. Regulated Area ...... The area of navigable waters within a 1,000 foot radius of the launch platform.

799

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

Vallejo Fourth of July Fireworks

Sponsor ...... Vallejo Marina. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Mare Island Strait. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

[CGD 11–99–007, 64 FR 39030, July 21, 1999. Redesignated by USCG–2001–9286, 66 FR 33642, June 25, 2001]

§ 165.1192 Security Zones; Waters sur- Latitude Longitude rounding San Francisco Inter- national Airport and Oakland Inter- 37°43′35″ N 122°15′00″ W national Airport, San Francisco 37°43′40″ N 122°15′05″ W Bay, California. 37°43′34″ N 122°15′12″ W 37°43′24″ N 122°15′11″ W (a) Locations. The following areas are 37°41′54″ N 122°13′05″ W security zones: 37°41′51″ N 122°12′48″ W 37°41′53″ N 122°12′44″ W (1) San Francisco International Airport ° ′ ″ ° ′ ″ Security Zone. This security zone in- 37 41 35 N 122 12 18 W 37°41′46″ N 122°12′08″ W cludes all waters extending from the 37°42′03″ N 122°12′34″ W surface to the sea floor within approxi- 37°42′08″ N 122°12′32″ W mately 200 yards seaward from the 37°42′35″ N 122°12′30″ W shoreline of the San Francisco Inter- 37°42′40″ N 122°12′06″ W national Airport and encompasses all waters in San Francisco Bay within a and along the shoreline back to the be- line connecting the following geo- ginning point. graphical positions— (b) Regulations. (1) Under § 165.33, entering, transiting through, or anchor- Latitude Longitude ing in this zone is prohibited unless au- 37°36′19″ N 122°22′36″ W thorized by the Coast Guard Captain of 37°36′45″ N 122°122′18″ W the Port, San Francisco Bay, or his 37°36′26″ N 122°21′30″ W designated representative. ° ′ ″ ° ′ ″ 37 36 31 N 122 21 21 W (2) Persons desiring to transit the 37°36′17″ N 122°20′45″ W 37°36′37″ N 122°20′40″ W area of a security zone may contact the 37°36′50″ N 122°21′08″ W Captain of the Port at telephone num- 37°37′00″ N 122°21′12″ W ber 415–399–3547 or on VHF-FM channel 37°37′21″ N 122°21′53″ W 16 (156.8 MHz) to seek permission to ° ′ ″ ° ′ ″ 37 37 39 N 122 21 44 W transit the area. If permission is grant- 37°37′56″ N 122°21′51″ W 37°37′50″ N 122°22′20″ W ed, all persons and vessels must comply 37°38′25″ N 122°22′54″ W with the instructions of the Captain of 37°38′23″ N 122°23′01″ W the Port or his or her designated representative. and along the shoreline back to the be- (c) Enforcement. All persons and ves- ginning point. sels shall comply with the instructions (2) Oakland International Airport Secu- of the Coast Guard Captain of the Port rity Zone. This security zone includes or the designated on-scene patrol per- all waters extending from the surface sonnel. Patrol personnel comprise com- to the sea floor within approximately missioned, warrant, and petty officers 200 yards seaward from the shoreline of of the Coast Guard onboard Coast the Oakland International Airport and Guard, Coast Guard Auxiliary, local, encompasses all waters in San Fran- state, and federal law enforcement ves- cisco Bay within a line connecting the sels. Upon being hailed by U.S. Coast following geographical positions— Guard patrol personnel by siren, radio,

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flashing light, or other means, the op- p.m., notification/requests for permis- erator of a vessel shall proceed as di- sion can be made to Station Humboldt rected. Bay on VHF-FM Channel 16, or at (707) [COTP San Francisco Bay 03–009, 69 FR 34282, 443–2213. If between 10 p.m. and 6:30 June 21, 2004] a.m., or if unable to reach the Station, notification/requests for permission § 165.1195 Regulated Navigation Area; can be made directly to Sector/Air Sta- Humboldt Bay Bar Channel and tion Humboldt Bay on VHF-FM Chan- Humboldt Bay Entrance Channel, nel 16 or at (707) 839–6113. Humboldt Bay, California. (2) Permission for a bar crossing by (a) Location. The Regulated Naviga- vessels or towing vessels and their tows tion Area (RNA) includes all navigable to which this regulation applies is de- 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. Humboldt Bay Area means the area are less than 30 knots, the transit will described in the location section of this take place during daylight hours, the regulation. vessel has only a single tow or no tow, Oil means oil of any kind or in any the visibility at the bar is greater than form, including but not limited to, pe- 1,000 yards, and the vessel and tow are troleum, fuel oil, sludge, oil refuse, and in proper operating condition. oil mixed with wastes other than (3) If the bar is closed to vessels to dredged spoil. which this regulation applies, waiver Station means Coast Guard Station requests will be accepted within four Humboldt Bay. hours of crossing the entrance channel. 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

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brief the Sector Commander. The au- erator of a vessel shall proceed as di- thority to grant waivers rests with the rected. Sector Commander or his designated [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] representative. (4) In addition to the requirements in § 165.1197 Security Zones; San Fran- paragraphs (d)(1)–(3) of this section, cisco Bay, San Pablo Bay, vessels transporting liquefied haz- Carquinez Strait, Suisun Bay, Cali- ardous gases or compressed hazardous fornia. gases in bulk as cargo into or out of (a) Locations. The following areas are Humboldt Bay are required to be aided security zones: by two assist tugs. If the vessel car- (1) Chevron Long Wharf, San Francisco rying the gases is towed, the assist tug Bay. This security zone includes all wa- requirement is in addition to the tow- ters extending from the surface to the ing tug. The assist tugs shall escort the sea floor within approximately 100 vessel through its transit and must be yards of the Chevron Long Wharf, stationed so as to provide immediate Richmond, CA, and encompasses all assistance in response to the loss of waters in San Francisco Bay within a power or steering of the cargo vessel, line connecting the following geo- its towing tug, or loss of control over graphical positions— the tow. Latitude Longitude (5) Vessels to which this regulation applies may be required by the Sector 37°55′52.2″ N 122°24′04.7″ W Commander or his designated rep- 37°55′41.8″ N 122°24′07.1″ W 37°55′26.8″ N 122°24′35.9″ W resentative to be escorted by a Coast 37°55′47.1″ N 122°24′55.5″ W Guard vessel during their transit. In 37°55′42.9″ N 122°25′03.5″ W addition, if a vessel master, agent, or 37°55′11.2″ N 122°24′32.8″ W 37°55′14.4″ N 122°24′27.5″ W pilot has concerns about the safety of a 37°55′19.7″ N 122°24′23.7″ W vessel’s transit through the Humboldt 37°55′22.2″ N 122°24′26.2″ W Bay Entrance Channel, a Coast Guard 37°55′38.5″ N 122°23′56.9″ W escort may be requested. Requests for 37°55′47.8″ N 122°23′53.3″ W an escort should be directed to Station on VHF-FM channel 16 or at (707) 443– and along the shoreline back to the be- 2213 between 6:30 a.m. and 10 p.m., or to ginning point. Sector on VHF-FM channel 16 or at (2) Conoco-Phillips, San Pablo Bay. (707) 839–6113 if between 10 p.m. and 6:30 This security zone includes all waters a.m. extending from the surface to the sea (e) Enforcement. Acting as a rep- floor within approximately 100 yards of resentative of the Captain of the Port, the Conoco-Phillips Wharf, Rodeo, CA, the Humboldt Bay Sector Commander and encompasses all waters in San will enforce this regulation and has the Pablo Bay within a line connecting the authority to take steps necessary to following geographical positions— ensure the safe transit of vessels in Latitude Longitude Humboldt Bay. The Sector Commander ° ′ ″ ° ′ ″ can enlist the aid and cooperation of 38 03 06.0 N 122 15 32.4 W 38°03′20.7″ N 122°15′35.8″ W any Federal, State, county, and munic- 38°03′21.8″ N 122°15′29.8″ W ipal agency to assist in the enforce- 38°03′29.1″ N 122°15′31.8″ W ment of the regulation. All persons and 38°03′23.8″ N 122°15′55.8″ W 38°03′16.8″ N 122°15′53.2″ W vessels shall comply with the instruc- 38°03′18.6″ N 122°15′45.2″ W tions of the Sector Commander or the 38°03′04.0″ N 122°15′42.0″ W designated on-scene patrol personnel. Patrol personnel comprise commis- and along the shoreline back to the be- sioned, warrant, and petty officers of ginning point. the Coast Guard onboard Coast Guard, (3) Shell Terminal, Carquinez Strait. Coast Guard Auxiliary, local, State, This security zone includes all waters and Federal law enforcement vessels. extending from the surface to the sea Upon being hailed by U.S. Coast floor within approximately 100 yards of Guard patrol personnel by siren, radio, the Shell Terminal, Martinez, CA, and flashing light, or other means, the op- encompasses all waters in San Pablo

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Bay within a line connecting the fol- Latitude Longitude lowing geographical positions— 38°02′24.6″ N 122°04′52.9″ W 38°02′54.0″ N 122°05′19.5″ W Latitude Longitude 38°02′55.8″ N 122°05′16.1″ W ° ′ ″ ° ′ ″ 38°03′02.1″ N 122°05′19.4″ W 38 01 39.8 N 122 07 40.3 W ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 38 02 55.1 N 122 05 42.6 W 38 01 54.0 N 122 07 43.0 W ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 38 02 48.8 N 122 05 39.2 W 38 01 56.9 N 122 07 37.9 W ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 38 02 52.4 N 122 05 27.7 W 38 02 02.7 N 122 07 42.6 W 38°02′46.5″ N 122°05′22.4″ W 38°01′49.5″ N 122°08′08.7″ W 38°01′43.7″ N 122°08′04.2″ W 38°01′50.1″ N 122°07′50.5″ W and along the shoreline back to the be- 38°01′36.3″ N 122°07′47.6″ W ginning point. (b) Regulations. (1) In accordance with and along the shoreline back to the be- the general regulations in § 165.33, ginning point. entry into the security zones described (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 with the instructions of the Captain of 38°02′13.0″ N 122°07′19.4″ W 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. ment as necessary. (5) Valero, Carquinez Strait. This security 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 § 165.1199 Security Zones; Military Pier, Benicia, CA, and encompasses all Ocean Terminal Concord (MOTCO), waters in the Carquinez Strait within a Concord, California. line connecting the following geo- (a) Location. The security zone(s) en- graphical positions— compass the navigable waters of Latitude Longitude Suisun Bay, California, extending from the surface to the sea floor, within 500 38°02′37.6″ N 122°07′51.5″ W yards of the three Military Ocean Ter- 38°02′34.7″ N 122°07′48.9″ W 38°02′44.1″ N 122°07′34.9″ W minal Concord (MOTCO) piers in Con- 38°02′48.0″ N 122°07′37.9″ W cord, California. 38°02′47.7″ N 122°07′42.1″ W (b) Regulations. (1) The Captain of the Port (COTP) San Francisco Bay will and along the shoreline back to the be- enforce the security zone(s) established ginning point. by this section during military onload (6) Avon Pier, Suisun Bay. This secu- or offload operations only upon notice. rity zone includes all waters extending Upon notice of enforcement by the from the surface to the sea floor within COTP, entering, transiting through or approximately 100 yards of the Avon anchoring in the zone(s) is prohibited Pier, Martinez, CA, and encompasses unless authorized by the COTP or his all waters in Suisun Bay within a line designated representative. Upon notice connecting the following geographical of suspension of enforcement by the positions— COTP, all persons and vessels are

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granted general permissions to enter, persons and vessels are granted general transit, and exit the security zone(s). permissions to enter, move within and (2) If more than 1 pier is involved in exit the security zone(s). onload or offload operations at the [COTP San Francisco Bay 04–007, 70 FR 3301, same time, the 500-yard security zone Jan. 24, 2005] for each involved pier will be enforced. (3) Persons desiring to transit the THIRTEENTH COAST GUARD DISTRICT area of a security zone may contact the Patrol Commander on scene on VHF- § 165.T13–034 Safety Zones: Fireworks FM channel 13 or 16 or the COTP at displays in the Captain of the Port, telephone number 415–399–3547 to seek Puget Sound. permission to transit the area. If per- (a) Safety zones. The following areas mission is granted, all persons and ves- are designated safety zones: sels must comply with the instructions (1) Bay Liner Reunion, Roche Harbor, of the COTP or his designated rep- WA resentative. (i) Location. All water of Roche Har- (c) Enforcement. All persons and ves- bor extending out to a 400′ radius from sels must comply with the instructions the launch site at 48°36′40″ N 123°09′34″ of the Coast Guard Captain of the Port W. or the designated on-scene patrol per- (ii) Effective time and date. 9 p.m. to sonnel. Patrol personnel comprise com- 11:30 p.m. on June 7, 2008. missioned, warrant, and petty officers (2) Poulsbo 3rd of July Fireworks of the Coast Guard onboard Coast Display, Liberty Bay, WA Guard, Coast Guard Auxiliary, local, (i) Location. All water of Liberty Bay state, and federal law enforcement ves- extending out to a 500′ radius from the sels. The U.S. Coast Guard may be as- launch site at 47°44′56″ N 122°39′11″ W. sisted in the patrol and enforcement of (ii) Effective time and date. 9 p.m. to the security zones by local law enforce- 11:30 p.m. on July 3, 2008. ment and the MOTCO police as nec- (3) Deer Harbor Annual Fireworks essary. Upon being hailed by U.S. Coast Display, Deer Harbor, WA Guard patrol personnel by siren, radio, (i) Location. All water of Deer Harbor flashing light, or other means, the op- extending out to a 500′ radius from the erator of a vessel must proceed as di- launch site at 48°37′10″ N 123°00′15″ W. rected. (ii) Effective time and date. 9 p.m. to (d) Notice of enforcement or suspension 11:30 p.m. on July 3, 2008. of enforcement of security zone(s). The (4) Boston Harbor Fireworks Display, COTP San Francisco Bay will cause no- Boston Harbor, WA tification of enforcement of the secu- (i) Location. All water of Dana Pas- rity zone(s) to be made by issuing a sage extending out to a 300′ radius from Local Notice to Mariners and a Broad- the launch site at 47°08′31″ N 122°54′20″ cast Notice to Mariners to inform the W. affected segments of the public. During (ii) Effective time and date. 9 p.m. to periods that the security zone(s) are 11:30 p.m. on July 3, 2008. being enforced, Coast Guard patrol per- (5) Friday Harbor Independence, Fri- sonnel will notify mariners to keep out day Harbor, WA of the security zone(s) as they ap- (i) Location. All water of Friday Har- proach the area. In addition, Coast bor extending out to a 700′ radius from Guard Sector San Francisco Bay main- the launch site at 48°32′36″ N 123°00′28″ tains a telephone line that is main- W. tained 24 hours a day, 7 days a week. (ii) Effective time and date. 9 p.m. to The public can contact Sector San 11:30 p.m. on July 4, 2008. Francisco Bay at (415) 399–3530 to ob- (6) Steilacoom Annual 4th of July tain information concerning enforce- Fireworks, Steilacoom, WA ment of this rule. When the security (i) Location. All water of Steilacoom zone(s) are no longer needed, the COTP Bay extending out to a 1,300′ radius will cease enforcement of the security from the launch site at 47°10′24″ N zone(s) and issue a Broadcast Notice to 122°36′12″ W. Mariners to notify the public. Upon no- (ii) Effective time and date. 8 p.m. to tice of suspension of enforcement, all 10:30 p.m. on July 4, 2008.

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(7) Port Orchard 4th of July Fire- radius from the launch site at 47°24′00″ works, Port Orchard, WA N 122°27′00″ W. (i) Location. All water of Port Or- (ii) Effective time and date. 8:30 p.m. chard extending out to a 1,000′ radius to 11 p.m. on July 4, 2008. from the launch site at 47°32′53″ N (15) Sheridan Beach Community 122°37′55″ W. Club, Lake Forest, WA (ii) Effective time and date. 9 p.m. to (i) Location. All water of Lake Wash- 11:30 p.m. on July 4, 2008. ington extending out to a 300′ radius (8) Yarrow Point Community 4th, from the launch site at 47°44′47″ N Yarrow Point, WA 122°16′55″ W. (i) Location. All water of Lake Wash- (ii) Effective time and date. 8:30 p.m. ington extending out to a 400′ radius to 11 p.m. on July 4, 2008. from the launch site at 47°39′45″ N (16) City of Kenmore 4th of July, 122°13′30″ W. Kenmore, WA (ii) Effective time and date. 9 p.m. to (i) Location. All water of Lake Wash- 11:30 p.m. on July 4, 2008. ington extending out to a 400′ radius (9) Port Angeles Chamber of Com- from the launch site at 47°45′43″ N merce, Port Angeles Bay, WA 122°15′50″ W. (i) Location. All water of Port Ange- (ii) Effective time and date. 8:30 p.m. les Bay extending out to a 400′ radius to 11 p.m. on July 4, 2008. from the launch site at 48°07′02″ N (17) Fireworks Display, Henderson 123°24′58″ W. Bay, WA (ii) Effective time and date. 9 p.m. to (i) Location. All water of Henderson ′ 11:30 p.m. on July 4, 2008. Bay extending out to a 700 radius from ° ′ ″ ° ′ ″ (10) Lake Forest Park 4th of July, the launch site at 47 21 48 N 122 38 22 Bothell, WA W. (ii) Effective time and date. 9 p.m. to (i) Location. All water of Lake Wash- 11:30 p.m. on July 4, 2008. ington extending out to a 400′ radius (18) Kingston Fireworks Display, from the launch site at 47°45′07″ N Kingston, WA 122°16′22″ W. (i) Location. All water of Appletree (ii) Effective time and date. 9 p.m. to Cove extending out to a 400′ radius 11:30 p.m. on July 4, 2008. from the launch site at 47°47′33″ N (11) Three Tree Point Community, 122°29′55″ W. Three Tree Point, WA (ii) Effective time and date. 9 p.m. to (i) Location. All water of Puget Sound 11:30 p.m. on July 4, 2008. ′ extending out to a 500 radius from the (19) Des Moines 4th of July, Des ° ′ ″ ° ′ ″ launch site at 47 27 01 N 122 23 09 W. Moines, WA (ii) Effective time and date. 9 p.m. to (i) Location. All water of East Pas- 11:30 p.m. on July 4, 2008. sage extending out to a 500′ radius from (12) City of Renton, Renton, WA the launch site at 47°24′10″ N 122°20′05″ (i) Location. All water of Lake Wash- W. ington extending out to a 400′ radius (ii) Effective time and date. 9 p.m. to from the launch site at 47°29′59″ N 11:30 p.m. on July 4, 2008. 122°11′51″ W. (20) Kirkland 4th of July, Kirkland, (ii) Effective time and date. 9 p.m. to WA 11:30 p.m. on July 4, 2008. (i) Location. All water of Lake Wash- (13) Port Townsend Sunrise Rotary, ington extending out to a 700′ radius Port Townsend, WA from the launch site at 47°40′26″ N (i) Location. All water of Port Town- 122°12′56″ W. send extending out to a 500′ radius from (ii) Effective time and date. 9 p.m. to the launch site at 47°44′56″ N 122°39′11″ 11:30 p.m. on July 4, 2008. W. (21) 4th of July Display, Port Ludlow, (ii) Effective time and date. 9 p.m. to WA 11:30 p.m. on July 4, 2008. (i) Location. All water of Port Ludlow (14) Vashon Island 4th of July, Quar- extending out to a 500′ radius from the termaster Harbor, WA launch site at 47°55′14″ N 122°41′11″ W. (i) Location. All water of Quarter- (ii) Effective time and date. 8:30 p.m. master Harbor extending out to a 1,300′ to 11 p.m. on July 4, 2008.

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(22) Grapeview Patriotic Event, § 165.T13–035 Safety Zone: Wreckage of Grapeview, WA the M/V NEW CARISSA, Pacific (i) Location. All water of Case Inlet Ocean 3 Nautical Miles North of the extending out to a 800′ radius from the Entrance to Coos Bay, Oregon. launch site at 47°19′17″ N 122°50′08″ W. (a) Location. The following area is a (ii) Effective time and date. 8:30 p.m. safety zone: The waters of the Pacific to 11 p.m. on July 4, 2008. Ocean encompassed by a 1000 yard ra- (23) 4th of July, Roche Harbor, WA dius surrounding the wreckage of the (i) Location. All water of Roche Har- M/V NEW CARISSA located 3 NM bor extending out to a 400′ radius from north of the entrance to Coos Bay, Or- egon. the launch site at 48°36′40″ N 123°09′34″ W. (b) Enforcement period. This rule will be in effect from 10 a.m. June 05, 2008, (ii) Effective time and date. 9 p.m. to to 11:59 p.m. August 31, 2008. 11:30 p.m. on July 4, 2008. (c) Regulations. In accordance with (24) Orcas Island Fireworks Display, the general regulations in § 165.23 of Orcas, WA this part, entry into this safety zone is (i) Location. All water of East Sound prohibited unless authorized by the extending out to a 700′ radius from the Captain of the Port or his designated launch site at 48°41′20″ N 122°54′28″ W. representative. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. [USCG–2008–0146, 73 FR 36435, June 27, 2008] (25) Langlies Old Fashioned Independ- EFFECTIVE DATE NOTE: By USCG–2008–0146, ence, Indianola, WA 73 FR 36435, June 27, 2008, temporary § 165.T13–035 was added, effective June 5, 2008 (i) Location. All water of Admiral to Aug. 31, 2008. Inlet extending out to a 500′ radius from the launch site at 47°44′49″ N § 165.1301 Puget Sound and Adjacent 122°31′32″ W. Waters in Northwestern Wash- (ii) Effective time and date. 8:30 p.m. ington—Regulated Navigation Area. to 11 p.m. on July 5, 2008. The following is a regulated naviga- (26) Olele Point Patriotic Celebra- tion area—All of the following north- tion, Port Ludlow, WA western Washington waters under the (i) Location. All water of Admiral jurisdiction of the Captain of the Port, Inlet extending out to a 800′ radius Puget Sound: Puget Sound, Hood from the launch site at 47°58′22″ N Canal, Possession Sound, Elliott Bay, 122°41′18″ W. Commencement Bay, the San Juan Ar- (ii) Effective time and date. 7 p.m. to chipelago, Rosario Strait, Guemes 9:30 p.m. on July 5, 2008. Channel, Bellingham Bay, U.S. waters of the Strait of the Strait of Juan de (b) Regulations. In accordance with Fuca, Haro Strait, Boundary Pass, and the general regulations in 33 CFR Part Georgia Strait, and all lesser bays and 165, Subpart C, no vessel may enter, harbors adjacent to the above. transit, moor, or anchor within these (a) Definitions as used in this sec- safety zones, except for vessels author- tion: ized by the Captain of the Port or his (1) Vessels engaged in fishing are as designated representatives. identified in the definition found in (c) Enforcement period. This rule is ef- Rule 3 of the International Regulations fective from 8 a.m. on June 7, 2008 until for Prevention of Collisions at Sea, 8 a.m. on July 6, 2008 unless cancelled 1972, (72 COLREGS), found in Appendix sooner by the Captain of the Port. A, Part 81 of this chapter. [USCG–2008–0475, 73 FR 34871, June 19, 2008] (2) Hazardous levels of vessel traffic congestion are as defined at the time by EFFECTIVE DATE NOTE: By USCG–2008–0475, Puget Sound Vessel Traffic Service. 73 FR 34871, June 19, 2008, temporary (b) Nothing in this section shall be § 165.T13–034 was added, effective June 7, 2008 construed as relieving any party from through July 6, 2008. their responsibility to comply with applicable rules set forth in the 72 COLREGS.

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

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

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it is determined that such deviation Whatcom Creek Waterway. [Datum: provides an adequate level of safety. NAD 83] Any application for authorization must (b) Effective dates. This section is ef- state the need and fully describe the fective annually on July fourth from proposed procedure. 9:30 p.m. to 11 p.m. unless otherwise (c) Precautionary Area Regulations. (1) specified by FEDERAL REGISTER notice. A vessel in a precautionary area which (c) Regulation. In accordance with the is depicted on National Oceanic and At- general regulations in § 165.23 of this mospheric Administration (NOAA) part, entry into this safety zone is pro- nautical charts, except precautionary hibited unless authorized by the Cap- ‘‘RB’’ (a circular area of 2,500 yards ra- tain of the Port, Puget Sound, Seattle, dius centered at 48–26′24″ N., 122–45′12″ WA. W.), must keep the center of the precautionary area to port. [CGD13–95–008, 60 FR 61480, Nov. 30, 1995, as amended by CGD 13–96–028, 61 FR 47824, Sept. NOTE: The center of precautionary area 11, 1996] ‘‘RB’’ is not marked by a buoy. (2) The Puget Sound Vessel Traffic § 165.1305 Commencement Bay, Ta- Service (PSVTS) may, upon verbal re- coma, WA. quest, authorize a onetime deviation (a) Location. The following area is a from paragraph (c)(1) of this section for safety zone: All portions of Commence- a voyage, or part of a voyage, if the ment Bay bounded by the following co- proposed deviation provides a level of ordinates: Latitude 47°17′34″ N, Lon- safety equivalent to or beyond that gitude 122°28′36″ W; thence to Latitude provided by the required procedure. 47°17′06″ N, Longitude 122°27′40″ W; The deviation request must be made thence to Latitude 47°16′42″ N, Lon- well in advance to allow the requesting gitude 122°28′06″ W; thence to Latitude vessel and the Vessel Traffic Center 47°17′10″ W, Longitude 122°29′02″ W; (VTC) sufficient time to assess the thence returning to the origin. This safety of the proposed deviation. Dis- safety zone resembles a rectangle lying cussions between the requesting vessel adjacent to the shoreline along Ruston and the VTC should include, but are Way. Floating markers will be placed not limited to, information on the ves- by the sponsor of the event to delineate sel handling characteristics, traffic the boundaries of the safety zone. density, radar contacts, and environ- [Datum: NAD 1983]. mental conditions. (b) Effective dates. This section is ef- (3) In an emergency, the master, pilot, or person directing the move- fective annually on July the fourth ment of the vessel may deviate from from 2 p.m. to 12:30 a.m. July the fifth paragraph (c)(1) of this section to the unless otherwise specified by FEDERAL extent necessary to avoid endangering REGISTER notice. persons, property, or the environment, (c) Regulation. In accordance with the and shall report the deviation to the general regulations in § 165.23 of this VTC as soon as possible. part, entry into this safety zone is prohibited unless authorized by the Cap- [CGD 90–020, 59 FR 36335, July 15, 1994, as tain of the Port, Puget Sound, Seattle, amended by CGD 13–97–003, 62 FR 23660, May WA. 1, 1997] [CGD13–95–009, 60 FR 61481, Nov. 30, 1995] § 165.1304 Bellingham Bay, Bel- lingham, WA. § 165.1306 Lake Union, Seattle, WA. (a) Location. The following area is a (a) Location. The following area is a safety zone: All waters of Bellingham safety zone: All portions of the waters Bay, Washington, bounded by a circle of Lake Union bounded by the fol- with a radius of 1000 yards centered on lowing coordinates: Latitude 47°38′32″ the fireworks launching site located on N, Longitude 122°20′34″ W; thence to the Georgia Pacific Lagoon Seawall at Latitude 47°38′32″ N, Longitude position latitude 48°44′56″ N, longitude 122°19′48″ W; thence to Latitude 47°38′10″ 122°29′40″ W, including the entrances to N, Longitude 122°19′45″ W; thence to the I & J Street Waterway and the Latitude 47°38′10″ N, Longitude

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122°20′24″ W; thence returning to the or- tain of the Port, puget sound, Seattle, igin. This safety zone begins 1,000 feet WA. south of Gas Works Park and encom- [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as passes all waters from east to west for amended by CGD13–97–015, 62 FR 39445, July 2,500 feet. Floating markers will be 23, 1997] placed by the sponsor of the fireworks demonstration to delineate the bound- § 165.1308 Columbia River, Vancouver, aries of the safety zone. [Datum: NAD WA. 1983] (a) Location. The following area is a (b) Effective dates. This section is ef- safety zone: All waters of the Columbia fective annually on July fourth from River at Vancouver, Washington, 9:30 p.m. to 11 p.m. unless otherwise bounded by a line commencing at the specified by FEDERAL REGISTER notice. northern base of the Interstate 5 high- ° ′ ″ (c) Regulation. In accordance with the way bridge at latitude 45 37 17 N, lon- ° ′ ″ general regulations in § 165.23 of this gitude 122 40 22 W; thence south along part, entry into the safety zone is pro- the Interstate 5 highway bridge to latitude 45°37′03″ N, longitude 122°40′32″ W; hibited unless authorized by the Cap- thence to latitude 45°36′28″ N, longitude tain of the Port, Puget Sound, Seattle, 122°38′35″ W; thence to Ryan’s Point at WA. The Captain of the Port may es- latitude 45°36′42″ N, longitude 122°38′35″ tablish transit lanes along the east and W; thence along the Washington shore- west shorelines of Lake Union and may line to the point of origin. [Datum: allow boaters to transit north and NAD 83]. south through the safety zone in these (b) Effective dates. This section is ef- lanes. If established, these transit fective annually on July fourth from 9 lanes will remain open until 10 p.m. p.m. to 11 p.m. (PDT) unless otherwise and then be closed until the end of the specified by FEDERAL REGISTER notice. fireworks display (approximately 30 (c) Regulation. In accordance with the minutes). general regulations in § 165.23 of this part, entry into this safety zone is pro- [CGD13–95–010, 60 FR 61483, Nov. 30, 1995] hibited unless authorized by the Cap- § 165.1307 Elliott Bay, Seattle, WA. tain of the Port, Portland, Oregon. (a) Location. The following area is a [CGD13–95–055, 61 FR 18949, Apr. 30, 1996] safety zone: All portions of Elliott Bay § 165.1309 Eagle Harbor, Bainbridge bounded by the following coordinates: Island, WA. Latitude 47°37′22″ N, Longitude 122°22′06″ W; thence to Latitude 47°37′06″ (a) Regulated Area. A regulated navi- N, Longitude 122°21′45″ W; thence to gation area is established on that portion of Eagle Harbor bounded by a line Latitude 47°36′54″ N, Longitude beginning at: 47°36′56″ N, 122°30′36″ W; 122°22′05″ W; thence to Latitude 47°37′08″ thence to 47°37′11″ N, 122°30′36″ W; N, Longitude 122°22′27″ W; thence re- thence to 47°37′25″ N, 122°30′17″ W; turning to the origin. This safety zone thence to 47°37′24″ N, 122°30′02″ W; resembles a square centered around the thence to 47°37′16″ N, 122°29′55″ W; barge from which the fireworks will be thence to 47°37′03″ N, 122°30′027sec; W; launched and begins 100 yards from the thence returning along the shoreline to shoreline of Myrtle Edwards Park. point of origin. [Datum NAD 1983]. Floating markers will be placed by the (b) Regulations. All vessels and per- sponsor of the fireworks display to de- sons are prohibited from anchoring, lineate the boundaries of the safety dredging, laying cable, dragging, zone [Datum NAD 1983]. seining, bottom fishing, conducting (b) Effective dates. This section is ef- salvage operations, or any other activ- fective annually on July fourth from ity which could potentially disturb the 9:30 p.m. to 11 p.m. unless otherwise seabed in the designated area. Vessels specified by FEDERAL REGISTER notice. may otherwise transit or navigate (c) Regulation. In accordance with the within this area without reservation. general regulations in § 165.23 of this (c) Waiver. The Captain of the Port, part, entry into this safety zone is pro- Puget Sound, upon advice from the hibited unless authorized by the Cap- U.S. EPA Project Manager and the

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Washington State Department of Nat- Zone is activated only when surface ural Resources, may, upon written re- visibility exceeds one nautical mile, quest, authorize a waiver from this sec- between sunrise and sunset, and the tion if it is determined that the pro- Makah whale hunt vessel displays the posed operation supports USEPA reme- international numeral pennant five (5). dial objectives, or can be performed in The Moving Exclusionary Zone is de- a manner that ensures the integrity of activated upon sunset, visibility is re- the sediment cap. A written request duced to less than one nautical mile, or must describe the intended operation, when the Makah hunt vessel strikes state the need, and describe the pro- international numeral pennant five (5). posed precautionary measures. Re- (c) Unless otherwise authorized by quests should be submitted in trip- the Commander, Thirteenth Coast licate, to facilitate review by U.S. Guard District or his or her representa- EPA, Coast Guard, and Washington tive, no person or vessel may enter the State Agencies. USEPA managed reme- active Moving Exclusionary Zone ex- dial design, remedial action, habitat cept for: mitigation, or monitoring activities (1) Authorized Makah whale hunt associated with the Wyckoff/Eagle Har- vessel actively engaged in hunting op- bor Superfund Site are excluded from erations under direction of the master the waiver requirement. USEPA is re- of the Makah vessel flying inter- quired, however, to alert the Coast national numeral pennant five (5), and Guard in advance concerning any of (2) A single authorized media pool the above-mentioned activities that vessel operating in accordance with may, or will, take place in the Regu- paragraph (f) of this section. lated Area. (d) The international numeral pennant five (5) is only authorized to be [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] displayed from one Makah whale hunt vessel during actual whale hunt oper- § 165.1310 Strait of Juan de Fuca and ations. No other vessels may display adjacent coastal waters of North- 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. Whale hunt operations cease once this N, 124°42.1′ W northward along the intent is abandoned, a whale is landed, mainland shoreline of Washington or when the international numeral pen- State to Cape Flattery and thence nant five (5) is struck. eastward along the mainland shoreline (e) The Makah Tribe shall make of Washington State to 48°22′ N, 124°34′ SECURITE broadcasts beginning one W; thence due north to 48°24.55′ N, half hour before the commencement of 124°34′ W; thence northwesterly to a hunt and every half hour thereafter 48°27.1′ N, 124°41.7′ W; thence due west until hunting activities are concluded. to 48°27.1′ N, 124°45.5′ W; thence south- ° ′ ° ′ This broadcast shall be made on chan- westerly to 48 20.55 N, 124 51.05 W, nel 16 VHF-FM and state: thence west south west to 48°18.0′ N 124°59.0′ W, thence due south to 48°02.25′ A whale hunt is proceeding today within N, 124°59.0′ W) thence due east back to the Regulated Navigation Area established the shoreline of Washington at 48°02.25′ for Makah whaling activities. The (name of ° ′ vessel) is a (color and description of vessel) N, 124 42.1 W. Datum: NAD 1983. and will be flying international numeral pen- (b) During a whale hunt, while the nant five (5) while engaged in whaling oper- international numeral pennant five (5) ations. This pennant is yellow and blue in is flown by a Makah whale hunt vessel, color. Mariners are required by federal regu- the following area within the RNA is a lation to stay 500 yards away from (name of Moving Exclusion Zone: The column of vessel), and are strongly urged to remain water from the surface to the seabed 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 dis- (f)(1) Credentialed members of the playing international numeral pennant media interested in entering the Mov- five (5). This Moving Exclusionary ing Exclusionary Zone may request

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permission to operate a single media ity which could potentially disturb the vessel in the Moving Exclusionary seabed in the designated area. Vessels Zone by telephoning Coast Guard Pub- may otherwise transit or navigate lic Affairs, as soon as practicable at within this area without reservation. (206) 220–7237 during normal working (c) Waiver. The Captain of the Port, hours, and (206) 220–7001 after hours. Puget Sound, upon advice from the Coast Guard preauthorization is re- United States Environmental Protec- quired prior to entry into the Moving tion Agency (USEPA) Project Manager Exclusionary Zone by a single media and the Washington State Department pool vessel. of Natural Resources, may, upon writ- (2) The media pool vessel must be a ten request, authorize a waiver from U.S. documented vessel. The media this section if it is determined that the pool vessel must be under command at proposed operation supports USEPA re- all times within the Moving Exclu- medial objectives, or can be performed sionary zone by a master licensed in in a manner that ensures the integrity the U.S. to carry passenger for hire. All of the sediment cap. A written request expenses, liabilities and risks associ- must describe the intended operation, ated with operation of the media pool state the need, and describe the pro- vessel lie with members of the pool and posed precautionary measures. Re- the pool vessel owners and operators. quests shall be submitted in triplicate, (3) The master of the media pool ves- to facilitate review by USEPA, Coast sel shall maneuver to avoid positioning Guard, and Washington State Agencies. the pool vessel between whales and USEPA managed remedial design, re- hunt vessel(s), out of the line of fire, at medial action, habitat mitigation, or a prudent distance and location rel- monitoring activities associated with ative to whale hunt operations, and in the Olympic View Resource Area a manner that avoids hindering the Superfund Site are excluded from the hunt or path of the whale in any way. waiver requirement. USEPA is re- (4) Although permitted to maneuver quired, however, to alert the Coast within the Moving Exclusionary Zone, Guard in advance concerning any of personnel aboard the media pool vessel the above-mentioned activities that are still required to follow safety and may, or will, take place in the Regu- law enforcement related instructions of lated Area. Coast Guard personnel. [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as amended by CGD 13–98–023, 64 FR 61212, Nov. § 165.1312 Security Zone; Portland 10, 1999] 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 Coast 47°15′42.21070″ N, 122°26′10.65290″ W; Guard Captain of the Port, Portland or thence to 47°15′41.84696″ N, his designated representatives. Section 122°26′11.80062″ W; thence to 165.33 also contains other general re- 47°15′45.57725″ N, 122°26′14.35173″ W; quirements. thence to 47°15′53.06020″ N, (c) Authority. In addition to 33 U.S.C. 122°26′06.61366″ W; thence to 1231, the authority for this section in- 47°15′46.74493″ N, 122°26′02.50574″ W; cludes 33 U.S.C. 1226. thence returning along the shoreline to (d) Enforcement period. This section is the point of origin. [Datum NAD 1983]. enforced annually in June from the (b) Regulations. All vessels and per- first Wednesday in June falling on the sons are prohibited from anchoring, 4th or later through the following Mon- dredging, laying cable, dragging, day in June. The event will be 6 days in seining, bottom fishing, conducting length and the specific dates of en- salvage operations, or any other activ- forcement will be published each year

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in the FEDERAL REGISTER. In 2005, the States, or by a State or political sub- zone will be enforced on Wednesday, division thereof. June 8, through Monday, June 13. (6) Tank ship security zone is a regulated area of water, established by this [CGD13–02–020, 68 FR 31979, May 29, 2003, as section, surrounding tank ships for a amended by CDG13–05–007, 70 FR 33353, June 8, 2005] 500-yard radius that is necessary to provide for the security of these ves- § 165.1313 Security zone regulations, sels. tank ship protection, Puget Sound (7) Tank ship means a self-propelled and adjacent waters, Washington tank vessel that is constructed or adapted primarily to carry oil or haz- (a) Notice of enforcement or suspension ardous material in bulk as cargo or of enforcement. The tank ship security cargo residue in the cargo spaces. The zone established by this section will be definition of tank ship does not include enforced only upon notice by the Cap- tank barges. tain of the Port Puget Sound. Captain (8) Washington Law Enforcement Offi- of the Port Puget Sound will cause no- cer means any General Authority tice of the enforcement of the tank Washington Peace Officer, Limited Au- 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

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tank ship master on VHF-FM channel northern base of the Interstate 5 high- 16 or 13. way bridge at latitude 45°37″ 16.5′ N, (h) When conditions permit, the on- longitude 122°40″ 22.5′’ W; thence south scene official patrol or tank ship mas- along the Interstate 5 highway bridge ter should: to Hayden Island, Oregon at latitude (1) Permit vessels constrained by 45°36″ 51.5′ N, longitude 122°40″ 39′ W; their navigational draft or restricted in thence east along Hayden Island to their ability to maneuver to pass with- latitude 45°36″ 36′ N, longitude 122°39″ in 100 yards of a tank ship in order to 48′ W (not to include Hayden Bay); ensure a safe passage in accordance thence north across the river thru the with the Navigation Rules; preferred channel buoy, RG Fl(2+1)R 6s, (2) Permit commercial vessels an- to the Washington shoreline at latitude chored in a designated anchorage area 45°37″ 1.5′ N, longitude 122°39″ 29′ W; to remain at anchor when within 100 thence west along the Washington yards of a passing tank ship; and shoreline to the point of origin. (3) Permit vessels that must transit (b) Regulations. In accordance with via a navigable channel or waterway to the general regulations in § 165.23 of pass within 100 yards of a moored or this part, no person or vessel may anchored tank ship with minimal delay enter or remain in this zone unless au- consistent with security. thorized by the Captain or the Port or (i) Exemption. Public vessels as de- his designated representatives. fined in paragraph (b) of this section (c) Authority. In addition to 33 U.S.C. are exempt from complying with para- 1231, the authority for this section in- graphs (c), (d), (f), (g), (h), (j), and (k) of cludes 33 U.S.C. 1226. this section. (d) Enforcement period. This section (j) Exception. 33 CFR Part 161 promul- will be enforced every July 4, from 9:30 gates Vessel Traffic Service regula- p.m. (P.D.T.) to 11 p.m. (P.D.T.). tions. Measures or directions issued by Vessel Traffic Service Puget Sound [CGD13–03–001, 68 FR 31610, May 28, 2003] pursuant to 33 CFR Part 161 shall take § 165.1315 Safety Zones: Fireworks dis- precedence over the regulations in this plays in the Captain of the Port section. Portland Zone. (k) Enforcement. Any Coast Guard (a) Safety zones. The following areas commissioned, warrant or petty officer are designated safety zones: may enforce the rules in this section. (1) Cinco de Mayo Fireworks Display, In the navigable waters of the United Portland, OR: States to which this section applies, (i) Location. Waters on the Willam- when immediate action is required and ette River bounded by the Morrison representatives of the Coast Guard are Bridge to the north, Hawthorne Bridge not present or not present in sufficient to the south, and the shoreline to the force to provide effective enforcement east and west. of this section in the vicinity of a tank (ii) Enforcement period. One day in ship, any Federal Law Enforcement Of- early May. ficer or Washington Law Enforcement (2) Portland Rose Festival Fireworks Officer may enforce the rules contained Display, Portland, OR: in this section pursuant to 33 CFR (i) Location. Waters on the Willam- § 6.04–11. In addition, the Captain of the ette River bounded by the Morrison Port may be assisted by other federal, Bridge to the north, Hawthorne Bridge state or local agencies in enforcing this to the south, and the shoreline to the section. east and west. [CGD13–02–018, 68 FR 15374, Mar. 31, 2003] (ii) Enforcement period. One day in late May or early June. § 165.1314 Safety Zone; Fort Vancouver (3) Tri-City Chamber of Commerce Fire- Fireworks Display, Columbia River, works Display, Columbia Park, Vancouver, Washington. Kennewick, WA: (a) Location. The following area is a (i) Location. Waters on the Columbia safety zone: All waters of the Columbia River bounded by shoreline to the River at Vancouver, Washington north and south, Interstate 395 bridge bounded by a line commencing at the to the east, and 1000 feet of water to

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the west of the launching barge which (ii) Enforcement period. This section is is centered at 46 degrees 13 minutes 38 enforced annually on July fourth from seconds North, 119 degrees 08 minutes 9 p.m. to 11 p.m. (PDT). 52 seconds West. (9) Oaks Park July 4th Celebration, (ii) Enforcement date. Every July 4th. Portland, OR (4) Cedco Inc. Fireworks Display, North (i) Location. All water of the Willam- Bend, OR ette River enclosed by the following (i) Location. Waters on the Coos River points: 45°28′26″ N 22°39′43″ W following bounded by shoreline to the east and the shoreline to 45°28′10″ N 122°39′54″ W west and 1000 feet of water to the north then west to 45°28′41″ N 122°40′06″ W fol- and south of the launching barge which lowing the shoreline to 45°28′31″ N is centered at 43 degrees 23 minutes 45 122°40′01″ W then back to the point of seconds North, 124 degrees 12 minutes origin. 50 seconds West. (ii) Enforcement period. This section is (ii) Enforcement period. One day in enforced annually on July fourth from early July. 9 p.m. to 11 p.m. (PDT). (5) Astoria 4th of July Fireworks, (10) Rainier Days Fireworks Celebra- Astoria, OR tion, Rainier, OR (i) Location. All waters of the Colum- (i) Location. All water of the Colum- bia River at Astoria, Oregon enclosed bia River enclosed by the following by the following points: North from the points: 46°06′04″ N, 122°56′35″ W following Oregon shoreline at 123 degrees 50 min- the shoreline to 46°05′53″ N 122°55′58″ W utes 1 second West to 46 degrees 11 min- then south to 46°05′24″ N 122°55′58″ W utes 50 seconds North, thence east to following the shoreline to 46°05′38″ N 123 degrees 49 minutes 15 seconds West, 122°56′35″ W then back to the point of thence south to the Oregon shoreline origin. and finally westerly along the Oregon (ii) Enforcement period. This section is shoreline to the point of origin. enforced annually on the second Satur- (ii) Enforcement period. One day in day of July each year from 9 p.m. to 11 early July. p.m. (PDT). Except that when the first (6) Oregon Food Bank Blues Festival Saturday falls on July 1, this section Fireworks, Portland, OR will be enforced on the third Saturday (i) Location. Waters on the Willam- of July. ette River bounded by the Hawthorne (11) Ilwaco July 4th Committee Fire- Bridge to the north, Marquam Bridge works, Ilwaco, WA to the south, and shoreline to the east (i) Location. All water of the Colum- and west. bia River extending out to a 700′ radius (ii) Enforcement period. One day in from the launch site at 46°18′17″ N early July. 124°01′55″ W. (7) Oregon Symphony Concert Fire- (ii) Enforcement period. This section is works Display, Portland, OR enforced annually on the first Satur- (i) Location. All waters of the Willam- day of July from 9 p.m. to 11 p.m. ette River bounded by the Hawthorne (PDT). Bridge to the north, Marquam Bridge (12) Milwaukie Centennial Fireworks to the south, and shoreline to the east Display, Milwaukie, OR and west. (i) Location. All water of the Willam- (ii) Enforcement period. One day in ette River enclosed by the following late August. points: 45°26′41″ N, 122°38′46″ W following (8) Florence Chamber 4th of July Fire- the shoreline to 45°26′17″ N 122°38′36″ W works Display, Florence, OR then west to 45°26′17″ N 122°38′55″ W fol- (i) Location. All water of the Siuslaw lowing the shoreline to 45°26′36″ N River enclosed by the following points: 122°38′50″ W then back to the point of 43°58′05″ N, 124°05′54″ W following the origin. shoreline to 43°58′20″ N 124°04′46″ W then (ii) Enforcement period. This section is south to 43°58′07″ N 124°04′40″ W fol- enforced annually on the third Satur- lowing the shoreline to 43°57′48″ N day of July each year from 9 p.m. to 11 124°05′54″ W then back to the point of p.m. (PDT). Except that when the first origin. Saturday falls on July 1, this section

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will be enforced on the fourth Saturday ond Saturday of August from 9:30 p.m. of July. (PDT) to 10:30 p.m. (PDT). Announce- (13) Splash Aberdeen Waterfront Fes- ment of enforcement periods may be tival, Aberdeen, WA made by the methods described in 33 (i) Location. All water of the Chehalis CFR 165.7, or any other reasonable River extending out to 500 feet of the method. following points: 46°58′40″ N, 123°47′45″ W. [CGD13–03–013, 68 FR 42290, July 17, 2003] (ii) Enforcement period. This section is enforced annually on July fourth from § 165.1317 Security and Safety Zone; Large Passenger Vessel Protection, 9 p.m. to 11 p.m. (PDT). Puget Sound and adjacent waters, (14) City of Coos Bay July 4th Celebra- Washington. tion, Coos Bay, OR (i) Location. All water of the Coos (a) Notice of enforcement or suspension River extending out to 1200 feet of the of enforcement. The large passenger ves- following points: 43°22′12″ N, 124°12′39″ sel security and safety zone established W. by this section will be enforced only (ii) Enforcement period. This section is upon notice by the Captain of the Port enforced annually on July fourth from Puget Sound. Captain of the Port 9 p.m. to 11 p.m. (PDT). Puget Sound will cause notice of the (b) Regulations. (1) In accordance with enforcement of the large passenger ves- § 165.23, entry into these zones is pro- sel security and safety zone to be made hibited unless authorized by the Coast by all appropriate means to effect the Guard Captain of the Port, Portland or widest publicity among the affected his designated representatives. Section segments of the public including publi- 165.23 also contains other general re- cation in the FEDERAL REGISTER as quirements. Announcement of enforce- practicable, in accordance with 33 CFR ment periods may be made by the 165.7(a). Such means of notification methods described in 33 CFR 165.7, or may also include but are not limited any other reasonable method. to, Broadcast Notice to Mariners or (c) Authority. In addition to 33 U.S.C. Local Notice to Mariners. The Captain 1231, the authority for this section in- of the Port Puget Sound will issue a cludes 33 U.S.C. 1226. Broadcast Notice to Mariners and Local Notice to Mariners notifying the [CGD01–03–008, 68 FR 32368, May 30, 2003, as public when enforcement of the large amended by CGD13–06–009, 71 FR 30805, May 31, 2006] passenger vessel security and safety zone is suspended. § 165.1316 Safety Zone; Columbia (b) Definitions. The following defini- River, Astoria, Oregon. tions apply to this section: (a) Location. The following area is a Federal Law Enforcement Officer safety zone: All waters of the Columbia means any employee or agent of the River at Astoria, Oregon enclosed by United States government who has the the following points: North from the authority to carry firearms and make Oregon shoreline at 123°49′36″ West to warrantless arrests and whose duties 46°11′51″ North thence east to 123°48′53″ involve the enforcement of criminal West thence south to the Oregon shore- laws of the United States. line and finally westerly along the Or- Large Passenger Vessel means any egon shoreline to the point of origin. cruise ship over 100 feet in length car- (b) Regulations. In accordance with rying passengers for hire, and any auto the general regulations in § 165.23 of ferries and passenger ferries over 100 this part, no person or vessel may feet in length carrying passengers for enter or remain in this zone unless au- hire such as the Washington State Fer- thorized by the Captain or the Port or ries, M/V COHO and Alaskan Marine his designated representatives. Highway Ferries. Large Passenger Ves- (c) Authority. In addition to 33 U.S.C. sel does not include vessels inspected 1231, the authority for this section in- and certificated under 46 CFR, Chapter cludes 33 U.S.C. 1226. I, Subchapter T such as excursion ves- (d) Enforcement period. This section sels, sight seeing vessels, dinner cruise will normally be enforced on the sec- vessels, and whale watching vessels.

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Large Passenger Vessel Security and (e) The Navigation Rules shall apply Safety Zone is a regulated area of water at all times within a large passenger established by this section, sur- vessel security and safety zone. rounding large passenger vessels for a (f) When within a large passenger 500-yard radius to provide for the secu- vessel security and safety zone all ves- rity and safety of these vessels. sels must operate at the minimum Navigable waters of the United States speed necessary to maintain a safe means those waters defined as such in course and must proceed as directed by 33 CFR part 2. the on-scene official patrol or large Navigation Rules means the Naviga- passenger vessel master. No vessel or tion Rules, International—Inland. person is allowed within 100 yards of a Official Patrol means those persons large passenger vessel that is underway designated by the Captain of the Port or at anchor, unless authorized by the to monitor a large passenger vessel se- on-scene official patrol or large pas- curity and safety zone, permit entry senger vessel master. No vessel or per- into the zone, give legally enforceable son is allowed within 25 yards of a orders to persons or vessels within the large passenger vessel that is moored. zone and take other actions authorized (g) To request authorization to oper- by the Captain of the Port. Persons au- ate within 100 yards of a large pas- thorized in paragraph (l) to enforce this senger vessel that is underway or at section are designated as the Official anchor, contact the on-scene official Patrol. patrol or large passenger vessel master Public vessel means vessels owned, on VHF-FM channel 16 or 13. chartered, or operated by the United (h) When conditions permit, the on- States, or by a State or political sub- scene official patrol or large passenger division thereof. vessel master should: Washington Law Enforcement Officer (1) Permit vessels constrained by means any General Authority Wash- their navigational draft or restricted in ington Peace Officer, Limited Author- their ability to maneuver to pass with- ity Washington Peace Officer, or Spe- in 100 yards of a large passenger vessel cially Commissioned Washington Peace in order to ensure a safe passage in ac- Officer as defined in Revised Code of cordance with the Navigation Rules; Washington section 10.93.020. and (c) Security and safety zone. There is (2) Permit vessels that must transit established a large passenger vessel se- via a navigable channel or waterway to curity and safety zone extending for a pass within 100 yards of an anchored 500-yard radius around all large pas- large passenger vessel or within 25 senger vessels located in the navigable yards of a moored large passenger ves- waters of the United States in Puget sel with minimal delay consistent with Sound, WA, east of 123°30′ West Lon- security. gitude. [Datum: NAD 1983]. (i) When a large passenger vessel ap- (d) Compliance. The large passenger proaches within 100 yards of any vessel vessel security and safety zone estab- that is moored or anchored, the sta- lished by this section remains in effect tionary vessel must stay moored or an- around large passenger vessels at all chored while it remains within the times, whether the large passenger ves- large passenger vessel’s security and sel is underway, anchored, or moored. safety zone unless it is either ordered Upon notice of enforcement by the Cap- by, or given permission by the Captain tain of the Port Puget Sound, the of the Port Puget Sound, his des- Coast Guard will enforce the large pas- ignated representative or the on-scene senger vessel security and safety zone official patrol to do otherwise. in accordance with rules set out in this (j) Exemption. Public vessels as de- section. Upon notice of suspension of fined in paragraph (b) of this section enforcement by the Captain of the Port are exempt from complying with para- Puget Sound, all persons and vessels graphs (c), (d), (f), (g), (h), and (i), of are authorized to enter, transit, and this section. exit the large passenger vessel security (k) Exception. 33 CFR part 161 con- and safety zone, consistent with the tains Vessel Traffic Service regula- Navigation Rules. tions. When measures or directions

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issued by Vessel Traffic Service Puget to Mariners and Local Notice to Mari- Sound pursuant to 33 CFR part 161 also ners notifying the public when enforce- apply, the measures or directions gov- ment of the large passenger vessel se- ern rather than the regulations in this curity and safety zone is suspended. section. (b) Definitions. As used in this sec- (l) Enforcement. Any Coast Guard tion— commissioned, warrant or petty officer Federal Law Enforcement Officer may enforce the rules in this section. means any employee or agent of the In the navigable waters of the United United States government who has the States to which this section applies, authority to carry firearms and make when immediate action is required and warrantless arrests and whose duties representatives of the Coast Guard are involve the enforcement of criminal not present or not present in sufficient laws of the United States. force to provide effective enforcement of this section in the vicinity of a large Large passenger vessel means any ves- passenger vessel, any Federal Law En- sel over 100 feet in length (33 meters) forcement Officer or Washington Law carrying passengers for hire including, Enforcement Officer may enforce the but not limited to, cruise ships, auto rules contained in this section pursu- ferries, passenger ferries, and excursion ant to 33 CFR 6.04–11. In addition, the vessels. Captain of the Port may be assisted by Large passenger vessel security and other federal, state or local agencies in safety zone is a regulated area of water, enforcing this section. established by this section, sur- (m) Waiver. The Captain of the Port rounding large passenger vessels for a Puget Sound may waive any of the re- 500 yard radius that is necessary to quirements of this section for any ves- provide for the security and safety of sel or class of vessels upon finding that these vessels. a vessel or class of vessels, operational Navigable waters of the United States conditions or other circumstances are means those waters defined as such in such that application of this section is 33 CFR part 2. unnecessary or impractical for the pur- Navigation Rules means the Naviga- pose of port security, safety or environ- tion Rules, International-Inland. mental safety. Official Patrol means those persons [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR designated by the Captain of the Port 4245, Jan. 29, 2004] to monitor a large passenger vessel security and safety zone, permit entry § 165.1318 Security and Safety Zone into the zone, give legally enforceable Regulations, Large Passenger Ves- orders to persons or vessels with in the sel Protection, Portland, OR Cap- tain of the Port Zone zone and take other actions authorized by the Captain of the Port. Persons au- (a) Notice of enforcement or suspension thorized as Federal Law Enforcement of enforcement. The large passenger ves- Officers to enforce this section are des- sel security and safety zone established ignated as the Official Patrol. by this section will be enforced only upon notice by the Captain of the Port Oregon Law Enforcement Officer Portland. Captain of the Port Portland means any Oregon Peace Officer as de- will cause notice of the enforcement of fined in Oregon Revised Statutes sec- the large passenger vessel security and tion 161.015. safety zone to be made by all appro- Public vessel means vessels owned, priate means to effect the widest pub- chartered, or operated by the United licity among the affected segments of States, or by a State or political sub- the public including publication in the division thereof. FEDERAL REGISTER as practicable, in Washington Law Enforcement Officer accordance with 33 CFR 165.7(a). Such means any General Authority Wash- means of notification may also include ington Peace Officer, Limited Author- but are not limited to, Broadcast No- ity Washington Peace Officer, or Spe- tice to Mariners or Local Notice to cially Commissioned Washington Peace Mariners. The Captain of the Port Officer as defined in Revised Code of Portland will issue a Broadcast Notice Washington section 10.93.020.

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(c) Security and safety zone. There is (1) Permit vessels constrained by established a large passenger vessel se- their navigational draft or restricted in curity and safety zone extending for a their ability to maneuver to pass with- 500 yard radius around all large pas- in 100 yards of a large passenger vessel senger vessels in the navigable waters in order to ensure a safe passage in ac- of the United States, in Portland, OR cordance with the Navigation Rules; at the Columbia River Bar ‘‘C’’ buoy and and extending eastward on the Colum- (2) Permit commercial vessels an- bia River to Kennewick, WA and chored in a designated anchorage area upriver through Lewiston, ID on the to remain at anchor within 100 yards of Snake River. a passing large passenger vessel; and (d) Compliance. The large passenger (3) Permit vessels that must transit vessel security and safety zone estab- via a navigable channel or waterway to lished by this section remains in effect pass within 100 yards of an anchored around large passenger vessels at all large passenger vessel. times, whether the large passenger ves- (i) Stationary vessels. When a large sel is underway, anchored, or moored. passenger vessel approaches within 100 Upon notice of enforcement by the Cap- yards of any vessel that is moored or tain of the Port Portland, the Coast anchored, the stationary vessel must Guard will enforce the large passenger stay moored or anchored while it re- vessel security and safety zone in ac- mains with in the large passenger ves- cordance with rules set out in this sec- sel’s security and safety zone unless it tion. Upon notice of suspension of enforcement by the Captain of the Port is either ordered by, or given permis- Portland, all persons and vessels are sion by the Captain of the Port Port- authorized to enter, transit, and exit land, his designated representative or the large passenger vessel security and the on-scene official patrol to do other- safety zone, consistent with the Navi- wise. gation Rules. (j) Exemption. Public vessels as de- (e) Navigation Rules. The Navigation fined in paragraph (b) of this section Rules shall apply at all times within a are exempt from complying with para- large passenger vessel security and graphs (c), (d), (f), (g), (h), and (i), of safety zone. this section. (f) Restrictions based on distance from (k) Enforcement. Any Coast Guard large passenger vessel. When within a commissioned, warrant or petty officer large passenger vessel security and may enforce the rules in this section. safety zone, all vessels shall operate at In the navigable waters of the United the minimum speed necessary to main- States to which this section applies, tain a safe course and shall proceed as when immediate action is required and directed by the on-scene official patrol representatives of the Coast Guard are or large passenger vessel master. No not present or not present in sufficient vessel or person is allowed within 100 force to provide effective enforcement yards of a large passenger vessel that is of this section in the vicinity of a large underway or at anchor, unless author- passenger vessel, any Federal Law En- ized by the on-scene official patrol or forcement Officer, Oregon Law En- large passenger vessel master. forcement Officer or Washington Law (g) Requesting authorization to operate Enforcement Officer may enforce the within 100 yards of large passenger vessel. rules contained in this section pursu- To request authorization to operate ant to 33 CFR 6.04–11. In addition, the within 100 yards of a large passenger Captain of the Port may be assisted by vessel that is underway or at anchor, other federal, state or local agencies in contact the on-scene official patrol or enforcing this section. large passenger vessel master on VHF- (l) Waiver. The Captain of the Port FM channel 16 or 13. Portland may waive any of the require- (h) Maneuver-restricted vessels. When ments of this section for any vessel or conditions permit, the on-scene official class of vessels upon finding that a ves- patrol or large passenger vessel master sel or class of vessels, operational con- should: ditions or other circumstances are such

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that application of this section is un- § 165.1321 Security Zone; Protection of necessary or impractical for the pur- Military Cargo, Captain of the Port pose of port security, safety or environ- Zone Puget Sound, WA. mental safety. (a) Notice of enforcement or suspension of enforcement. The Captain of the Port [CGD13–03–022, 68 FR 53679, Sept. 12, 2003] Puget Sound will enforce the security § 165.1319 Safety Zone Regulations, zones established by this section only Seafair Blue Angels Air Show Per- upon notice. Captain of the Port Puget formance, Seattle, WA. Sound will cause notice of the enforcement of these security zone to be made (a) Enforcement period. This section by all appropriate means to effect the will be enforced annually during the widest publicity among the affected last week in July and the first two segments of the public including publi- weeks of August from 8 a.m. until 4 cation in the FEDERAL REGISTER as p.m., each day during the event. The practicable, in accordance with 33 CFR event will be one week or less in dura- 165.7(a). Such means of notification tion. The specific dates during this may also include but are not limited time frame will be published in the to, Broadcast Notice to Mariners or FEDERAL REGISTER. Local Notice to Mariners. The Captain (b) Location. The following is a safety of the Port Puget Sound will issue a zone: All waters of Lake Washington, Broadcast Notice to Mariners and Washington State, enclosed by the fol- Local Notice to Mariners notifying the lowing points: Near the termination of public when enforcement of these secu- Roanoke Way 47°35′44″ N, 122°14′47″ W; rity zones is suspended. thence to 47°35′48″ N, 122°15′45″ W; (b) Definitions. The following defini- thence to 47°36′02.1″ N, 122°15′50.2″ W; tions apply to this section: thence to 47°35′56.6″ N, 122°16′29.2″ W; Designated Representative means those thence to 47°35′42″ N, 122°16′24″ W; persons designated by the Captain of thence to the east side of the entrance the Port to monitor these security zones, permit entry into these zones, to the west highrise of the Interstate 90 give legally enforceable orders to per- bridge; thence westerly along the south sons or vessels with in these zones and side of the bridge to the shoreline on take other actions authorized by the the western terminus of the bridge; Captain of the Port. Persons author- thence southerly along the shoreline to ized in paragraph (g) to enforce this ° ′ ″ ° ′ ″ Andrews Bay at 47 33 06 N, 122 15 32 W; section and Vessel Traffic Service thence northeast along the shoreline of Puget Sound (VTS) are Designated Bailey Peninsula to its northeast point Representatives. at 47°33′44″ N, 122°15′04″ W; thence eas- Federal Law Enforcement Officer terly along the east-west line drawn means any employee or agent of the tangent to Bailey Peninsula; thence United States government who has the northerly along the shore of Mercer Is- authority to carry firearms and make land to the point of origin. [Datum: warrantless arrests and whose duties NAD 1983] involve the enforcement of criminal (c) Regulations. In accordance with laws of the United States. the general regulations in 33 CFR Part Navigable waters of the United States 165, Subpart C, no person or vessel may means those waters defined as such in enter or remain in the zone except for 33 CFR Part 2. support vessels and support personnel, Public vessel means vessels owned, vessels registered with the event orga- chartered, or operated by the United nizer, or other vessels authorized by States, or by a State or political sub- the Captain of the Port or his des- division thereof. ignated representatives. Vessels and Washington Law Enforcement Officer persons granted authorization to enter means any General Authority Wash- the safety zone shall obey all lawful or- ington Peace Officer, Limited Author- ders or directions of the Captain of the ity Washington Peace Officer, or Spe- cially Commissioned Washington Peace Port or his designated representatives. Officer as defined in Revised Code of [CGD13–04–002, 69 FR 35250, June 24, 2004] Washington section 10.93.020.

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(c) Security zone. The following areas closed by a line connecting the fol- are security zones: lowing points: 47°03′12″ N, 122°54′21″ W, (1) Blair Waterway Security Zone: The which is approximately the north- Security Zone in the Blair Waterway, western end of the fence line enclosing Commencement Bay, WA, includes all Berth 1 at Port of Olympia; then north- waters enclosed by a line connecting erly to 47°03′15″ N, 122°54′21″ W, which is the following points: 47°16′57′′ N, the approximate 300 feet north along 122°24′39′′ W, which is approximately the shoreline; then westerly to 47°03′15″ the beginning of Pier No. 23 (also N, 122°54′26″ W; then southerly to known as the Army pier); then north- 47°03′06″ N, 122°54′26″ W; then southeast- westerly to 47°17′05′′ N, 122°24′52′′ W, erly to 47°03′03″ N, 122°54′20″ W, which is which is the end of the Pier No. 23 approximately the end of the T-shaped (Army pier); then southwesterly to pier; then north to 47°03′04″ N, 47°16′42′′ N, 122°25′ 18′′ W, which is the 122°54′19.5″ W, which is approximately approximate location of a private buoy the southwestern corner of berth 1; on the end of the sewage outfall; then then northerly along the shoreline to southeasterly to 47°16′33′′ N, 122°25′04′′ the point of origin. [Datum: NAD 1983]. W, which is approximately the north- (d) Obtaining permission to enter, move western end of Pier No. 5; then north- within, or exit the security zones. All ves- easterly to the northwestern end of sels must obtain permission from the Pier No. 1; then southeasterly along COTP or a Designated Representative the shoreline of the Blair Waterway to to enter, move within, or exit the secu- the Blair Waterway turning basin; then rity zones established in this section along the shoreline around the Blair when these security zones are enforced. Waterway turning basin; then north- Vessels 20 meters or greater in length westerly along the shoreline of the should seek permission from the COTP Blair Waterway to the Commencement or a Designated Representative at least Bay Directional Light (light list num- 4 hours in advance. Vessels less than 20 ber 17159); then northeasterly along the meters in length should seek permis- shoreline to the point of origin. sion at least 1 hour in advance. VTS [Datum: NAD 1983]. Puget Sound may be reached on VHF (2) Sitcum Waterway Security Zone: channel 14. The Security Zone in the Sitcum Wa- (e) Compliance. Upon notice of en- terway, Commencement Bay, WA, in- forcement by the Captain of the Port cludes all waters enclosed by a line Puget Sound, the Coast Guard will en- connecting the following points: force these security zones in accord- 47°16′33′′ N, 122°25′04′′ W, which is ap- ance with rules set out in this section. proximately the northwestern end of Upon notice of suspension of enforce- Pier No. 5; then northwesterly to ment by the Captain of the Port Puget 47°16′42′′ N, 122°25′18′′ W, which is the ap- Sound, all persons and vessels are au- proximate location of a private buoy thorized to enter, transit, and exit on the end of the sewage outfall; then these security zones. southwesterly to 47°16′23′′ N, 122°25′36′′ (f) Regulations. Under the general reg- W; then southeasterly to 47°16′10′′ N, ulations in 33 CFR part 165 subpart D, 122°25′27′′ W, which is the northwestern this section applies to any vessel or corner of Pier No. 2; then extending person in the navigable waters of the northeasterly to 47°16′13′′ N, 122°25′13′′ United States to which this section ap- W; then extending southeasterly along plies. No person or vessel may enter the shoreline of the Sitcum Waterway; the security zones established in this then northeasterly along the shoreline section unless authorized by the Cap- at the terminus of the Sitcum Water- tain of the Port or his designated rep- way and then northwesterly along the resentatives. Vessels and persons shoreline of the Sitcum Waterway; granted permission to enter the secu- then northeasterly along the shoreline rity zone shall obey all lawful orders or of Pier No. 5 to the point of origin. directions of the Captain of the Port or [Datum: NAD 1983]. his designated representatives. All ves- (3) Budd Inlet Security Zone: The Se- sels shall operate at the minimum curity Zone in Budd Inlet, West Bay, speed necessary to maintain a safe Olympia WA includes all waters en- course.

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(g) Enforcement. Any Coast Guard vessel berthed at Wharf H and/or Naval commissioned, warrant or petty officer Wharf Kilo, is displaying a red may enforce the rules in this section. (BRAVO) flag by day or a red light by In the navigable waters of the United night. States to which this section applies, (2) In accordance with the general when immediate action is required and regulations in 165.23 of this part, entry representatives of the Coast Guard are into these zones is prohibited unless not present or not present in sufficient authorized by the Captain of the Port, force to provide effective enforcement Guam. of this section, any Federal Law En- [COTP Guam Reg. 89–001, 55 FR 18725, May 4, forcement Officer or Washington Law 1990] Enforcement Officer may enforce the rules contained in this section pursu- § 165.1402 Apra Outer Harbor, Guam— ant to 33 CFR 6.04–11. In addition, the regulated navigation area. Captain of the Port may be assisted by (a) The following is a regulated navi- other federal, state or local agencies in gation area—The waters of the Pacific enforcing this section pursuant to 33 Ocean and Apra Outer Harbor enclosed CFR 6.04–11. by a line beginning at latitude 13°26′47″ (h) Exemption. Public vessels as de- N, longitude 144°35′07″ E; thence to fined in paragraph (b) of this section Spanish Rocks at latitude 13°27′09.5″ N, are exempt from the requirements in longitude 144°37′20.6″ E; thence along this section. the shoreline of Apra Outer Harbor to (i) Waiver. For any vessel, the Cap- latitude 13°26′28.1″ N, longitude tain of the Port Puget Sound may 144°39′52.5″ E (the northwest corner of waive any of the requirements of this Polaris Point); thence to latitude section, upon finding that operational 13°26′40.2″ N, longitude 144°39′28.1″ E; conditions or other circumstances are thence to latitude 13°26′32.1″ N, lon- such that application of this section is gitude 144°39′02.8″ E; thence along the unnecessary or impractical for the pur- shoreline of Apra Outer Harbor to pose of port security, safety or environ- Orote Point at latitude 13°26′42″ N, lon- mental safety. gitude 144°36′58.5″ E; thence to the be- [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as ginning. (Based on WGS 84 Datum) amended by CGD13–04–040, 69 FR 71711, Dec. (b) Regulations: 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; (1) Except for public vessels of the CGD13–05–031, 70 FR 45537, Aug. 8, 2005] United States, vessels may not enter Apra Outer Harbor without permission FOURTEENTH COAST GUARD DISTRICT of the Captain of the Port if they have on board more than 25 tons of high ex- § 165.1401 Apra Harbor, Guam—safety plosives. zones. (2) Except for vessels not more than (a) The following is designated as 65 feet in length, towboats or tugs Safety Zone A—The waters of the Pa- without tows, no vessel may pass an- cific Ocean and Apra Outer Harbor en- other vessel in the vicinity of the compassed within an arc of 725 yards Outer Harbor entrance. radius centered at the center of Wharf (3) Vessels over 100 gross tons shall: H. (Located at 13°27′47″ N and (i) Steady on the entrance range at 144°39′01.9″ E. Based on World Geodetic least 2 miles west of the entrance when System 1984 Datum) approaching Apra Outer Harbor and; (b) The following is designated Safe- (ii) [Reserved] ty Zone B—The waters of Apra Outer (iii) Steady on the range when de- Harbor encompassed within an arc of parting Apra Outer Harbor. 680 yards radius centered at the center (4) Vessels may not anchor in the of Naval Wharf Kilo. (Located at fairway. The fairway is the area within 13°26′43″ N, 144°37′46.7″ E. Based on 375 feet on either side of a line begin- World Geodetic system 1984 Datum) ning at latitude 13°26′47″ N, longitude (c) Special regulations. (1) Section 144°35′07″ E; thence to latitude 165.23 does not apply to Safety Zone A 13°27′14.1″ N, longitude 144°39′14.4″ E; and/or Safety Zone B, except when thence to latitude 13°26′35.2″ N, lon- Wharf H and/or Naval Wharf Kilo, or a gitude 144°39′46.4″ E; thence to latitude

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13°26′30.8″ N, longitude 144°39′44.4″ E. and the Maritime Prepositioning ships (Based on WGS 84 Datum) moored thereto. The security zone will (5) Vessels over 100 gross tons may extend 100 yards in all directions not proceed at a speed exceeding 12 around the vessel and its mooring. Ad- knots within the harbor. ditionally, a 50 yard security zone will (6) No vessel may leave Apra Outer remain in effect in all directions Harbor until any inbound vessel over 65 around buoy No. 702 when no vessel is feet in length has cleared the Outer moored thereto. Harbor Entrance. (b) In accordance with the general [CGD 79–034, 47 FR 29660, July 8, 1982, as regulations in § 165.33 of this part, amended by CGD 96–026, 61 FR 33669, June 28, entry into Security Zone C is prohib- 1996; USCG–1998–3799, 63 FR 35533, June 30, ited unless authorized by the Captain 1998] of the Port, Guam.

§ 165.1403 Security Zones; Tinian, [COTP Guam Reg. 89–001, 55 FR 18725, May 4, Commonwealth of the Northern 1990] Mariana Islands. § 165.1405 Regulated Navigation Areas (a) Location. The following areas are and Security Zones; Designated Es- security zones: corted Vessels-Philippine Sea and (1) The waters of the Pacific Ocean Apra Harbor, Guam (including off Tinian between 14°59′04.9″ N, Cabras Island Channel), and 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ Tanapag Harbor, Saipan, Common- E to 14°59′09.8″ N, 145°36′02.1″ E to wealth of the Northern Mariana Is- 14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″ lands (CNMI). N, 145°35′31.1″ E and back to 14°59′04.9″ (a) Regulated navigation area. The fol- N, 145°34′58.6″ E. This zone will be en- lowing areas, designated by coordi- forced when one, or more, of the Mari- nates referencing World Geodetic time Preposition Ships is in the zone or Datum (1984), are regulated navigation moored at Mooring A located at areas (RNAs). 14°58′57.0″ N and 145°35′40.8″ E or Moor- (1) Philippine Sea, Guam—All waters ing B located at 14°58′15.9″ N, 145°35′54.8″ from the surface to the bottom of the E. Philippine Sea, Guam, encompassed by (2) Additionally, a 50-yard security lines connecting the following points, zone in all directions around Moorings beginning at 13°27′10″ N, 144°35′05″ E, A and B will be enforced when no ves- thence easterly to 13°27′17″ N, 144°37′27″ sels are moored thereto but mooring E, thence south westerly to 13°26′52″ N, balls are anchored and on station. 144°37′05″ E, thence westerly to 13°26′37″ NOTE TO § 165.1403(a): All positions of N, 144°35′05″ E, thence due north back latitude and longitude are from Inter- to point of origin. national Spheroid, Astro Pier 1944 (2) Apra Harbor, Guam—All waters (Saipan) Datum (NOAA Chart 81071). from surface to bottom of Apra Harbor, (b) Regulations. (1) In accordance with Guam, shoreward of the COLREGS De- general regulations in § 165.33 of this marcation as described in 33 CFR part part, entry into this security zone is 80. prohibited unless authorized by the (3) Tanapag Harbor, Saipan—The wa- Captain of the Port. ters from surface to bottom of Tanapag [COTP Honolulu Reg. 86–08, 51 FR 42220, Nov. Harbor, Saipan (CNMI), encompassed 24, 1986, as amended by USCG–2001–9286, 66 by lines connecting the following FR 33642, June 25, 2001; COTP Guam 07–005, 72 points, beginning at 15°12′10″ N, FR 65460, Nov. 21, 2007] 145°40′28″ E, thence north easterly to 15°14′08″ N, 145°42′00″ E, thence due east § 165.1404 Apra Harbor, Guam—secu- to 15°14′08″ N, 145°44′02″ E, thence south rity zone. easterly to 15°13′54″ N, 144°44′20″ E, (a) The following is designated as Se- thence south westerly along the shore- curity Zone C—The waters of Apra line to 15°13′11″ N, 145°43′01″ E, thence Outer Harbor, Guam surrounding Naval south westerly to 15°12′10″ N, 145°40′28″ Mooring Buoy No. 702 (Located at E. 13°27′30.1″ N and 144°38′12.9″ E. Based on (4) Cabras Island Channel, Guam—All World Geodetic System 1984 Datum) waters from surface to bottom of

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Cabras Island Channel, Guam, begin- course, unless required to maintain ning at point 13°27′34″ N, 144°39′39″ E speed by the navigation rules. and extending south easterly to posi- (3) When an escorted vessel in the tion 13°27′24″ N, 144°39′59″ E then head- RNA approaches within 100 yards of a ing easterly along the shoreline to po- vessel that is moored, or anchored in a sition 13°27′31″ N, 144°40′22″ E then head- designated anchorage area, the sta- ing north to position 13°27′37″ N, tionary vessel must stay moored or an- 144°40′22″ E following the shoreline in a chored while it remains within the es- westerly direction back to point of ori- corted vessel’s security zone unless it gin. is either ordered by, or given permis- (b) Security zones. A 100-yard radius sion from the COTP Guam or a des- security zone is established around, ignated representative to do otherwise. and is centered on, each escorted vessel (4) The COTP will inform the public within the regulated navigation areas of the existence or status of the secu- in paragraph (a) of this section. A security zones around escorted vessels in rity zone is activated when an escorted the RNA periodically by Broadcast No- vessel enters an RNA and remains ac- tice to Mariners. tive until the escorted vessel leaves the (5) Persons or vessels that must enter RNA. This is a moving security zone a security zone or exceed speed limits when the escorted vessel is in transit established in this section may contact and becomes a fixed zone when the es- the COTP at command center tele- corted vessel is anchored or moored. A phone number (671) 339–6100 or on VHF security zone will not extend beyond channel 16 (156.8 Mhz) to request per- the boundary of the RNA in this sec- mission. tion. (6) All persons and vessels within 500 (c) Definitions. As used in this sec- yards of an escorted vessel in the RNA tion: must comply with the orders of the (1) Designated representative means COTP Guam or his designated rep- any Coast Guard commissioned, war- resentatives. rant, or petty officer that has been au- (e) Authority. In addition to 33 U.S.C. thorized to act on behalf of the COTP. 1231 and 50 U.S.C. 191, the authority for (2) Escorted Vessel means any vessel this section includes 33 U.S.C. 1226. operating in the RNA deemed by the [CGD14–02–002, 68 FR 4384, Jan. 29, 2003] COTP to be in need of escort protection for security reasons or under other cir- § 165.1406 Safety Zone: Pacific Missile cumstances. A designated representa- Range Facility (PMRF), Barking tive aboard a Coast Guard cutter or pa- Sands, Island of Kauai, Hawaii. trol boat will accompany vessels (a) Location. The following area is es- deemed in need of escort protection tablished as a safety zone during into the RNA. launch operations at PMRF, Kauai, Ha- (3) Navigation rules mean inter- waii: The waters bounded by the fol- national and inland navigation rules in lowing coordinates: (22°01.2′ N, 159°47.3′ 33 CFR chapter I, subchapters D and E. W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N, (4) Vessel means every description of 159°50.7′ W), (22°06.3′ N, 159°44.8′ W). watercraft or other artificial contriv- (Datum: OHD) ance used, or capable of being used, as (b) Activation. The above safety zone a means of transportation on water, ex- will be activated during launch oper- cept U.S. Coast Guard or U.S. naval ations at PMRF, Kauai, Hawaii. The vessels. Coast Guard will provide notice that (d) Regulations. (1) No person or ves- the safety zone will be activated sel may enter into the security zones through published and broadcast local under this section unless authorized by notice to mariners prior to scheduled the COTP Guam or a designated rep- launch dates. resentative. (c) Regulation. The area described in (2) A vessel in the RNA established paragraph (a) of this section will be under paragraph (a) of this section op- closed to all vessels and persons, except erating within 500 yards of an escorted those vessels and persons authorized by vessel must proceed at a minimum the Commander, Fourteenth Coast speed necessary to maintain a safe Guard District, or the Captain of the

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Port (COTP) Honolulu, Hawaii, when- thence northwest at a bearing of ever Strategic Target System (STARS) 332.5°T to shore. vehicles are to be launched by the (ii) Honolulu International Airport, United States Government from the South Section. All waters near Honolulu PMRF, Barking Sands, Kauai, Hawaii. International Airport from 21°18.0′ N/ (d) The general regulations governing 157°55.58′ W, thence south to 21°16.5′ N/ safety zones contained in 33 CFR 165.23 157°55.58′ W, thence east to 21°16.5′ N/ apply. 157°54.0′ W (the extension of the west- [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as ern edge of Kalihi Channel), thence amended by CGD 96–026, 61 FR 33669, June 28, north along the western edge of the 1996] channel to Kalihi Channel buoy ‘‘5’’, thence west to 21°18.0′ N/157°55.58′ W. § 165.1407 Security Zones; Oahu, HI. (5) Barbers Point Offshore Moorings. (a) Location. The following areas, All waters around the Tesoro Single from the surface of the water to the Point and the Chevron Conventional ocean floor, are security zones that are Buoy Moorings beginning at 21°16.43′ N/ activated and enforced subject to the 158°06.03′ W, thence northeast to provisions of paragraphs (c) and (d). All 21°17.35′ N/158°3.95′ W, thence southeast coordinates below are expressed in de- to 21°16.47′ N/ 158°03.5′ W, thence south- grees, minutes, and tenths or hun- west to 21°15.53′ N/158°05.56′ W, thence dredths of minutes. north to the beginning point. (1) Honolulu Harbor. All waters of (6) Barbers Point Harbor, Oahu. All Honolulu Harbor and Honolulu en- waters contained within the Barbers trance channel commencing at a line Point Harbor, Oahu, enclosed by a line between entrance channel buoys no. 1 drawn between Harbor Entrance Chan- and no. 2, to a line between the fixed nel Light 6 and the jetty point day bea- day beacons no. 14 and no. 15 west of con at 21°19.5′ N/158°07.26′ W. Sand Island Bridge. (7) Kahe Point, Oahu. All waters adja- (2) Honolulu Harbor Anchorages B, C, cent to the Hawaiian Electric Company and D. All waters extending 100 yards power plant at Kahe Point within 500 in all directions from each vessel in ex- yards of 21° 21.30’ N/158′ 07.7° W (lighted cess of 300 gross tons anchored in Hono- tower). lulu Harbor Anchorage B, C, or D, as (b) Definitions. As used in this sec- defined in 33 CFR 110.235(a). tion, MARSEC Level 2 or Maritime Secu- (3) Kalihi Channel and Keehi Lagoon, rity Level 2 means, as defined in 33 CFR Oahu. All waters of Kalihi Channel and 101.105, the level for which appropriate Keehi Lagoon beginning at Kalihi additional protective security meas- Channel entrance buoy no. 1 and con- ures shall be maintained for a period of tinuing along the general trend of time as a result of heightened risk of a Kalihi Channel to day beacon no. 13, transportation security incident. thence continuing on a bearing of (c) Regulations. (1) Under 33 CFR 332.5°T to shore, thence east and south 165.33, entry into the security zones de- along the general trend of the shoreline scribed in this section is prohibited un- to day beacon no. 15, thence southeast less authorized by the Coast Guard to day beacon no. 14, thence southeast Captain of the Port, Honolulu or his or along the general trend of the shoreline her designated representatives. of Sand Island, to the southwest tip of (2) Persons desiring to transit the Sand Island at 21°18.0′ N/157°53.05′ W, areas of the security zones may con- thence southwest on a bearing of 233°T tact the Captain of the Port at Com- to Kalihi Channel entrance buoy no. 1. mand Center telephone number (808) (4) Honolulu International Airport—(i) 842–2600 or on VHF channel 16 (156.8 Honolulu International Airport, North Mhz) to seek permission to transit the Section. All waters surrounding Hono- area. Written requests may be sub- lulu International Airport from mitted to the Captain of Port, U.S. 21°18.25′ N/157° 55.58° W, thence south to Coast Guard Sector Honolulu, Sand Is- 21°18.0′ N/157° 55.58′ W, thence east to land Access Road, Honolulu, Hawaii the western edge of Kalihi Channel, 96819, or faxed to (808) 842–2622. If per- thence north along the western edge of mission is granted, all persons and ves- the channel to day beacon no. 13, sels must comply with the instructions

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of the Captain of the Port or his or her mariners and publication in the local designated representatives. For all sea- notice to mariners. plane traffic entering or transiting the (f) Enforcement. Any Coast Guard security zones, a seaplane’s compliance commissioned, warrant, or petty offi- with all Federal Aviation Administra- cer, and any other Captain of the Port tion regulations (14 CFR parts 91 and representative permitted by law, may 99) regarding flight-plan approval is enforce the rules in this section. deemed adequate permission to transit (g) Waiver. The Captain of the Port, the waterway security zones described Honolulu may waive any of the re- in this section. quirements of this section for any ves- (d) Notice of enforcement or suspension sel or class of vessels upon his or her of enforcement of security zones. (1) The determination that application of this security zones described in paragraphs section is unnecessary or impractical (a)(3) (Kalihi Channel and Keehi La- for the purpose of port and maritime goon, Oahu), (a)(4)(i) (Honolulu Inter- security. (h) Vessels or persons vio- national Airport, North Section), Penalties. lating this section are subject to the (a)(4)(ii) (Honolulu International Air- penalties set forth in 33 U.S.C. 1232 and port, South Section), (a)(6) (Barbers 50 U.S.C. 192. Point Harbor, Oahu), and (a)(7) (Kahe Point, Oahu) of this section, will be en- [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as forced only upon the occurrence of one amended by CGD14–07–001, 72 FR 44777, Aug. of the following events— 9, 2007; 72 FR 57863, Oct. 11, 2007] (i) Whenever the Maritime Security § 165.1408 Security Zones; Maui, HI. (MARSEC) level, as defined in 33 CFR part 101, is raised to 2 or higher; or (a) Location. The following areas, from the surface of the water to the (ii) Whenever the Captain of the ocean floor, are security zones that are Port, after considering all available activated and enforced subject to the facts, determines that there is a provisions in paragraph (c): heightened risk of a transportation se- (1) Kahului Harbor, Maui. All waters curity incident or other serious mari- extending 100 yards in all directions time incident, including but not lim- from each large passenger vessel in ited to any incident that may cause a Kahului Harbor, Maui, HI or within 3 significant loss of life, environmental nautical miles seaward of the Kahului damage, transportation system disrup- Harbor COLREGS DEMARCATION tion, or economic disruption in a par- (See 33 CFR 80.1460). This is a moving ticular area. security zone when the LPV is in tran- (2) A notice will be published in the sit and becomes a fixed zone when the FEDERAL REGISTER reporting when LPV is anchored, position-keeping, or events in paragraph (d)(1)(i) or (d)(1)(ii) moored. have occurred. (2) Lahaina, Maui. All waters extend- (3) The Captain of the Port of Hono- ing 100 yards in all directions from lulu will cause notice of the enforce- each large passenger vessel in Lahaina, ment of the security zones listed in Maui, whenever the LPV is within 3 paragraph (d)(1) of this section and no- nautical miles of Lahaina Light (LLNR tice of suspension of enforcement to be 28460). The security zone around each made by appropriate means to affect LPV is activated and enforced whether the widest publicity, including the use the LPV is underway, moored, posi- of broadcast notice to mariners and tion-keeping, or anchored, and will publication in the local notice to mari- continue in effect until such time as ners. the LPV departs Lahaina and the 3- (e) Informational notices. The Captain mile enforcement area. of the Port will cause notice of the (b) Definitions. As used in this sec- presence of the security zones estab- tion, large passenger vessel or LPV lished in paragraph (a)(2) of this sec- means a cruise ship more than 300 feet tion, Honolulu Harbor Anchorages B, in length that carries passengers for C, and D, to be made by appropriate hire, and any passenger ferry more means to affect the widest publicity, than 300 feet in length that carries pas- including the use of broadcast notice to sengers for hire.

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(c) Regulations. (1) Under 33 CFR section is unnecessary or impractical 165.33, entry into the security zones for the purpose of port and maritime created by this section is prohibited security. unless authorized by the Coast Guard (f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representatives. When penalties set forth in 33 U.S.C. 1232 and authorized passage through a large pas- 50 U.S.C. 192. senger vessel security zone, all vessels must operate at the minimum speed [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as 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 allowed within 100 yards of an LPV (a) Location. The following areas, that is underway, moored, position- from the surface of the water to the keeping, or at anchor, unless author- ocean floor, are security zones that are ized by the Captain of the Port or his activated and enforced subject to the or her designated representative. provisions in paragraph (c): (2) When conditions permit, the Cap- (1) Hilo Harbor, Hawaii. All waters ex- tain of the Port, or his or her des- tending 100 yards in all directions from ignated representative, may permit each large passenger vessel in Hilo Har- vessels that are at anchor, restricted in bor, Hawaii, HI or within 3 nautical their ability to maneuver, or con- miles seaward of the Hilo Harbor strained by draft to remain within an COLREGS DEMARCATION (See 33 LPV security zone in order to ensure CFR 80.1480). This is a moving security navigational safety. zone when the LPV is in transit and be- (3) Persons desiring to transit the comes a fixed zone when the LPV is an- areas of the security zones in this sec- chored, position-keeping, or moored. tion may contact the Captain of the (2) Kailua-Kona, Hawaii. 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 Kailua-Kona, Hawaii, whenever the transit the area. Written requests may LPV is within 3 nautical miles of be submitted to the Captain of Port, Kukailimoku Point. The 100-yard secu- U.S. Coast Guard Sector Honolulu, rity zone around each LPV is activated Sand Island Access Road, Honolulu, and enforced whether the LPV is un- Hawaii 96819, or faxed to (808) 842–2622. derway, moored, position-keeping, or If permission is granted, all persons anchored and will continue in effect and vessels must comply with the in- until such time as the LPV departs structions of the Captain of the Port or Kailua-Kona and the 3-mile enforce- his or her designated representatives. ment area. For all seaplane traffic entering or (3) Kawaihae Harbor, Hawaii. All wa- transiting the security zones, compli- ters extending 100 yards in all direc- ance with all Federal Aviation Admin- tions from each large passenger vessel istration regulations (14 CFR parts 91 in Kawaihae Harbor, Hawaii, or within and 99) regarding flight-plan approval 3 nautical miles seaward of the is deemed adequate permission to tran- Kawaihae Harbor COLREGS DEMAR- sit the waterway security zones de- CATION (See 33 CFR 80.1470). The 100- scribed in this section. yard security zone around each LPV is (d) Enforcement. Any Coast Guard activated and enforced whether the commissioned, warrant, or petty offi- LPV is underway, moored, position- cer, and any other Captain of the Port keeping, or anchored. representative permitted by law, may (b) Definitions. As used in this sec- enforce the rules in this section. tion, large passenger vessel or LPV (e) Waiver. The Captain of the Port, means a cruise ship more than 300 feet Honolulu may waive any of the re- in length that carries passengers for quirements of this section for any ves- hire, and any passenger ferry more sel or class of vessels upon his or her than 300 feet in length that carries pas- determination that application of this sengers for hire.

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(c) Regulations. (1) Under 33 CFR determination that application of this 165.33, entry into the security zones section is unnecessary or impractical created by this section is prohibited for the purpose of port and maritime unless authorized by the Coast Guard security. Captain of the Port, Honolulu or his or (f) Penalties. Vessels or persons vio- her designated representative. When lating this section are subject to the authorized passage through a large pas- penalties set forth in 33 U.S.C. 1232 and senger vessel security zone, all vessels 50 U.S.C. 192. must operate at the minimum speed [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1410 Security Zones; Kauai, HI. allowed within 100 yards of a large pas- (a) Location. The following areas, senger vessel that is underway, from the surface of the water to the moored, position-keeping, or at anchor, ocean floor, are security zones that are unless authorized by the Captain of the activated and enforced subject to the Port or his or her designated represent- provisions in paragraph (c): atives. (1) Nawiliwili Harbor, Lihue, Kauai. (2) When conditions permit, the Cap- All waters extending 100 yards in all di- tain of the Port, or his or her des- rections from each large passenger ves- ignated representatives, may permit sel in Nawiliwili Harbor, Kauai, HI or vessels that are at anchor, restricted in within 3 nautical miles seaward of the their ability to maneuver, or con- Nawiliwili Harbor COLREGS DEMAR- strained by draft to remain within an CATION (See 33 CFR 80.1450). This is a LPV security zone in order to ensure moving security zone when the LPV is navigational safety. in transit and becomes a fixed zone (3) Persons desiring to transit the when the LPV is anchored, position- areas of the security zones in this sec- keeping, or moored. tion may contact the Captain of the (2) Port Allen, Kauai. All waters ex- Port at Command Center telephone tending 100 yards in all directions from number (808) 842–2600 or on VHF chan- each large passenger vessel in Port nel 16 (156.8 Mhz) to seek permission to Allen, Kauai, HI or within 3 nautical transit the area. Written requests may miles seaward of the Port Allen be submitted to the Captain of Port, COLREGS DEMARCATION (See 33 U.S. Coast Guard Sector Honolulu, CFR 80.1440). This is a moving security Sand Island Access Road, Honolulu, zone when the LPV is in transit and be- Hawaii 96819, or faxed to (808) 842–2622. comes a fixed zone when the LPV is an- If permission is granted, all persons chored, position-keeping, or moored. and vessels must comply with the in- (b) Definitions. As used in this sec- structions of the Captain of the Port or tion, large passenger vessel or LPV his or her designated representatives. means a cruise ship more than 300 feet For all seaplane traffic entering or in length that carries passengers for transiting the security zones, compli- hire, and any passenger ferry more ance with all Federal Aviation Admin- than 300 feet in length that carries pas- istration regulations (14 CFR parts 91 sengers for hire. and 99) regarding flight-plan approval (c) Regulations. (1) Under 33 CFR is deemed adequate permission to tran- 165.33, entry into the security zones sit the waterway security zones de- created by this section is prohibited scribed in this section. unless authorized by the Coast Guard (d) Enforcement. Any Coast Guard Captain of the Port, Honolulu or his or commissioned, warrant, or petty offi- her designated representative. When cer, and any other Captain of the Port authorized passage through an LPV se- representative permitted by law, may curity zone, all vessels must operate at enforce the rules in this section. the minimum speed necessary to main- (e) Waiver. The Captain of the Port, tain a safe course and must proceed as Honolulu may waive any of the re- directed by the Captain of the Port or quirements of this section for any ves- his or her designated representative. sel or class of vessels upon his or her No person is allowed within 100 yards

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of a large passenger vessel that is un- § 165.1411 Security zone; waters sur- derway, moored, position-keeping, or rounding U.S. Forces vessel SBX–1, at anchor, unless authorized by the HI. Captain of the Port or his or her des- (a) Location. The following area, in ignated representative. U.S. navigable waters within the Hono- (2) When conditions permit, the Cap- lulu Captain of the Port Zone (see 33 tain of the Port, or his or her des- CFR 3.70–10), from the surface of the ignated representative, may permit water to the ocean floor, is a security vessels that are at anchor, restricted in zone: All waters extending 500 yards in their ability to maneuver, or con- all directions from U.S. Forces vessel strained by draft to remain within an SBX–1. The security zone moves with LPV security zone in order to ensure the SBX–1 while it is in transit and becomes fixed when the SBX–1 is an- navigational safety. chored, position-keeping, or moored. (3) Persons desiring to transit the (b) Regulations. The general regula- areas of the security zones may con- tions governing security zones contact the Captain of the Port at Com- tained in 33 CFR 165.33 apply. Entry mand Center telephone number (808) into, transit through, or anchoring 842–2600 or on VHF channel 16 (156.8 within this zone while it is activated, Mhz) to seek permission to transit the and thus subject to enforcement, is area. Written requests may be sub- prohibited unless authorized by the mitted to the Captain of Port, U.S. Captain of the Port or a designated Coast Guard Sector Honolulu, Sand Is- representative thereof. land Access Road, Honolulu, Hawaii (c) Suspension of enforcement. The 96819, or faxed to (808) 842–2622. If per- Coast Guard will suspend enforcement mission is granted, all persons and ves- of the security zone described in this sels must comply with the instructions section whenever the SBX–1 is within of the Captain of the Port or his or her the Honolulu Defensive Sea Area (see 6 designated representatives. For all sea- FR 6675). (d) Informational notice. The Captain plane traffic entering or transiting the of the Port of Honolulu will cause no- security zones, compliance with all tice of the enforcement of the security Federal Aviation Administration regu- zone described in this section to be lations (14 CFR parts 91 and 99) regard- made by broadcast notice to mariners. ing flight-plan approval is deemed ade- The SBX–1 is easy to recognize because quate permission to transit the water- it contains a large white object shaped way security zones described in this like an egg supported by a platform section. that is larger than a football field. The (d) Enforcement. Any Coast Guard platform in turn is supported by six commissioned, warrant, or petty offi- pillars similar to those on large oil- cer, and any other Captain of the Port drilling platforms. representative permitted by law, may (e) Authority to enforce. Any Coast enforce the rules in this section. Guard commissioned, warrant, or petty (e) Waiver. The Captain of the Port, officer, and any other Captain of the Honolulu may waive any of the re- Port representative permitted by law, quirements of this section for any ves- may enforce the security zone described in this section. sel or class of vessels upon his or her (f) Waiver. The Captain of the Port determination that application of this may waive any of the requirements of section is unnecessary or impractical this rule for any person, vessel, or class for the purpose of port and maritime of vessel upon finding that application security. of the security zone is unnecessary or (f) Penalties. Vessels or persons vio- impractical for the purpose of mari- lating this section are subject to the time security. penalties set forth in 33 U.S.C. 1232 and (g) Penalties. Vessels or persons vio- 50 U.S.C. 192. lating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as U.S.C. 192. amended by CGD14–07–001, 72 FR 44778, Aug. 9, 2007] [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008]

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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 tank vessel maneuvering to approach, [52 FR 30671, Aug. 17, 1987, as amended by moor, unmoor, or depart the Trans- USCG–1998–3799, 63 FR 35533, June 30, 1998; Alaska Pipeline Valdez Terminal com- COTP Prince William Sound 02–010, 67 FR 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 waters within the following (a) The following is a regulated navi- boundaries are a safety zone: A line be- gation area: The navigable waters of ginning at the Standard Oil Company the United States north of a line drawn Pier West Light (LLNR 3217), located from Cape Hinchinbrook Light to at position 58°17.9′ N, 134°24.8′ W, in the Schooner Rock Light, comprising that direction of 140° True to Rock Dump portion of Prince William Sound be- ° ′ ° ′ Lighted Buoy 2A (LLNR 3213) at posi- tween 146 30 W. and 147 20 W. and in- tion 58°17.2′ N, 134°23.8′ W; thence in the cludes Valdez Arm, Valdez Narrows, direction of 003° True to a point at po- and Port Valdez. sition 58°17.4′ N, 134°23.7′ W, on the (b) Within the regulated navigation north shore of Gastineau Channel; area described in paragraph (a) of this thence northwesterly along the north section, § 161.60 of this chapter estab- shore of Gastineau Channel to the lishes a VTS Special Area for the wa- point of origin. ters 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 sent from the Captain of the Port, § 161.60(c) of this chapter, a tank vessel Southeast Alaska. of 20,000 deadweight tons or more that intends to navigate within the regu- [CGD 79–034, 47 FR 29660, July 8, 1982, as lated navigation area must: amended by CGD 79–026, 48 FR 35408, Aug. 4, 1983] (1) Report compliance with part 164 of this chapter, to the Vessel Traffic § 165.1703 Ammunition Island, Port Center (VTC); Valdez, Alaska. (2) Have at least two radiotelephones (a) Location. The waters within the capable of operating on the designated following boundaries is a safety zone— VTS frequency, one of which is capable the area within a radius of 1330 yards of of battery operation; Ammunition Island, centered on lati- (3) When steady wind conditions in tude 61°07′28″ N, longitude 146°18′29″ W, the VTS Special Area or Port Valdez (NAD 83) and the vessel moored or an- exceed, or are anticipated to exceed 40 chored at Ammunition Island. knots, proceed as directed by the VTC (b) The area 200 yards off the vessel (entry into the VTS Special Area and navigating the Vessel Traffic system Port Valdez is prohibited); from abeam of Naked Island, maneu- (4) When transiting the VTS Special vering to approach, moor, unmoor at Area, limit speed to 12 knots;

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(5) If laden and intending to navigate § 165.1706 Gastineau Channel, Juneau, the VTS Special Area, limit speed to 12 Alaska—Safety Zone. knots except between Middle Rock and (a) Location. The following area is a Potato Point where the speed limit safety zone: the waters in Juneau Har- shall be 6 knots; and bor within a 300 yard radius of the ves- (6) Until December 31, 2004, have an sel or waterfront facility located at operating Automatic Identification 58°17′41″ N, 134°24′22″ W used to conduct System Shipborne Equipment (AISSE) system installed. fireworks displays. (i) The designated digital selective (b) Effective date. The safety zone be- calling frequency (DSC) in Prince Wil- comes effective on July 3 each year at liam Sound is 156.525MHz (VHF Chan- 10 p.m. ADT. It terminates at the con- nel 70). clusion of the fireworks display at ap- (ii) AISSE equipped vessels will not proximately 2:30 a.m. ADT on July 5 be required to make voice radio posi- each year, unless sooner terminated by tion reports at designated reporting the Captain of the Port. If the fire- points required by § 161.20(b), unless works display is postponed because of otherwise directed by the VTC. inclement weather, the date and dura- (iii) Whenever a vessel’s AISSE be- tion of the safety zone will be an- comes non-operational, as defined in nounced in the Local Notices to Mari- § 164.43(c) of this chapter, before enter- ners. ing or while underway in the VTS area, (c) Regulation. In accordance with the a vessel must: general regulations in § 165.23 of this (A) Notify the VTC; part, entry into this zone is prohibited (B) Make the required voice radio po- unless authorized by the Captain of the sition reports as set forth in § 161.60 and Port, Southeast Alaska. required by § 161.20(b) of this chapter; [59 FR 31934, June 21, 1994, as amended by (C) Make other voice radio reports as COTP Southeast Alaska 00–018, 65 FR 81363, required by the VTS; and Dec. 26, 2000] (D) Restore the AISSE to operating condition as soon as possible. § 165.1708 Tongass Narrows, Ketch- (iv) Whenever a vessel’s AISSE be- ikan, Alaska—Safety Zone. comes non-operational due to a loss of (a) Location. The following area is a position correction information (i.e., safety zone: the waters in Tongass Nar- the U.S. Coast Guard dGPS system rows within a 300 yard radius of the cannot provide the required error cor- ° ′ ″ ° ′ ″ rection messages) a vessel must: barge located at 55 20 32 N, 131 39 40 W used to conduct fireworks displays. (A) Make the required voice radio position reports as set forth in § 161.60 and (b) Effective date. The safety zone be- required by § 161.20(b) of this chapter; comes effective on July 3 each year at and 10 p.m. ADT. It terminates at the con- (B) Make other voice radio reports as clusion of the fireworks display at ap- required by the VTS. proximately 2:30 a.m. ADT on July 5 (v) Whenever a vessel’s AISSE be- each year, unless sooner terminated by comes non-operational before getting the Captain of the Port. If the fire- underway in the VTS area, permission works display is postponed because of to get underway must be obtained from inclement weather, the date and dura- the VTC. 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; USCG–2003–14757, 68 FR 60570, Oct. 22, 2003] FR 81362, Dec. 26, 2000]

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

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the boundaries of the Captain of the owned or operated by the Alaska Ma- Port, Prince William Sound Zone de- rine Highway System, including, but scribed in 33 CFR 3.85–20 (b). not limited to: M/V AURORA, M/V (3) Valdez Narrows, Port Valdez, CHENEGA, M/V COLUMBIA, M/V Valdez, Alaska. All waters 200 yards ei- FAIRWEATHER, M/V KENNICOTT, M/ ther side of the Valdez Narrows Tanker V LECONTE, M/V LITUYA, M/V Optimum Track line bounded by a line MALASPINA, M/V MATANUSKA, M/V beginning at 61°05′15″ N, 146°37′18″ W; TAKU, and the M/V TUSTUMENA. thence south west to 61°04′00″ N, Designated on Scene Representative 146°39′52″ W; thence southerly to means any U.S. Coast Guard commis- 61°02′32.5″ N, 146°41′25″ W; thence north sioned, warrant or petty officer who west to 61°02′40.5″ N, 146°41′47″ W; thence has been authorized by the District north east to 61°04′07.5″ N, 146°40′15″ W; Commander or local Captain of the thence north east to 61°05′22″ N, Port (COTP), as defined in 33 CFR part 146°37′38″ W; thence south east back to 3, subpart 3.85, to act on his or her be- the starting point at 61°05′15″ N, half, or other Federal, State or local 146°37′18″ W. law enforcement Officers designated by (b) Regulations. (1) The general regu- the COTP. lations in 33 CFR 165.33 apply to the se- Escorted HCPV or AMHS vessel means curity zones described in paragraph (a) a HCPV or AMHS vessel that is accom- of this section. panied by one or more Coast Guard as- (2) Tank vessels transiting directly sets or Federal, State or local law en- to the TAPS terminal complex, enforcement agency assets as listed gaged in the movement of oil from the below: 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 State law enforcement Officer means the Coast Guard. Upon being hailed by any State or local government law en- a vessel displaying a U.S. Coast Guard forcement officer who has authority to ensign by siren, radio, flashing light, or enforce State or local criminal laws. other means, the operator of the vessel (b) Location. The following areas are must proceed as directed. Coast Guard security zones: all waters within 100 Auxiliary and local or state agencies yards around escorted High Capacity may be present to inform vessel opera- Passenger Vessels or escorted Alaska tors of the requirements of this section Marine Highway System vessels in the and other applicable laws. navigable waters of the Seventeenth [COTP Prince William Sound 02–011, 71 FR Coast Guard District as defined in 33 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom. (c) Regulations. (1) No vessel may ap- § 165.1711 Security Zones; Waters of proach within 100 yards of an escorted the Seventeenth Coast Guard Dis- HCPV or escorted AMHS vessel during trict their transits within the navigable wa- (a) Definitions. As used in this sec- ters of the Seventeenth Coast Guard tion— District. Alaska Marine Highway System vessel (2) Moored or anchored vessels that (‘‘AMHS vessel’’) means any vessel are overtaken by this moving zone

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must remain stationary at their loca- § 165.2015 Definitions. tion until the escorted vessel maneu- The following definitions apply to vers at least 100 yards away. this subpart: (3) The local Captain of the Port may Atlantic Area means that area de- notify the maritime and general public scribed in 33 CFR 3.04–1 Atlantic Area. by marine information broadcast of the Large U.S. naval vessel means any periods during which individual secu- U.S. naval vessel greater than 100 feet rity zones have been activated by pro- in length overall. viding notice in accordance with 33 Naval defensive sea area means those CFR 165.7. areas described in 32 CFR part 761. (4) Persons desiring to transit within Naval vessel protection zone is a 500- 100 yards of a moving, escorted HCPV yard regulated area of water sur- or AMHS vessel in the Seventeenth rounding large U.S. naval vessels that Coast Guard District must contact the is necessary to provide for the safety or security of these U.S. naval vessels. designated on scene representative on Navigable waters of the United States VHF channel 16 (156.800 MHz) or VHF means those waters defined as such in channel 13 (156.650 MHz) to receive per- 33 CFR part 2. mission. Navigation rules means the Naviga- (5) If permission is granted to transit tion Rules, International-Inland. within 100 yards of an escorted HCPV Official patrol means those personnel or AMHS vessel, all persons and vessels designated and supervised by a senior must comply with the instructions of naval officer present in command and the designated on scene representative. tasked to monitor a naval vessel pro- (6) All commercial fishing vessels as tection zone, permit entry into the defined by 46 U.S.C. 2101(11a) while ac- zone, give legally enforceable orders to tively engaged in fishing are exempted persons or vessels within the zone, and from the provisions of this section. take other actions authorized by the U.S. Navy. [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] Pacific Area means that area described in 33 CFR 3.04–3 Pacific Area. Subpart G—Protection of Naval Restricted area means those areas es- Vessels tablished by the Army Corps of Engi- neers and set out in 33 CFR part 334. Senior naval officer present in command AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR is, unless otherwise designated by com- 1.45. petent authority, the senior line officer SOURCE: LANT AREA–02–001, 67 FR 31960, of the U.S. Navy on active duty, eligi- May 13, 2002, unless otherwise noted. ble for command at sea, who is present and in command of any part of the De- § 165.2010 Purpose. partment of Navy in the area. This subpart establishes the geo- U.S. naval vessel means any vessel graphic parameters of naval vessel pro- owned, operated, chartered, or leased tection zones surrounding U.S. naval by the U.S. Navy; any pre-commis- vessels in the navigable waters of the sioned vessel under construction for the U.S. Navy, once launched into the United States. This subpart also estab- water; and any vessel under the oper- lishes when the U.S. Navy will take en- ational control of the U.S. Navy or a forcement action in accordance with Combatant Command. the statutory guidelines of 14 U.S.C. 91. Vessel means every description of Nothing in the rules and regulations watercraft or other artificial contriv- contained in this subpart shall relieve ance used, or capable of being used, as any vessel, including U.S. naval ves- a means of transportation on water, ex- sels, from the observance of the Navi- cept U.S. Coast Guard or U.S. naval gation Rules. The rules and regulations vessels. contained in this subpart supplement, but do not replace or supercede, any § 165.2020 Enforcement authority. other regulation pertaining to the safe- (a) Coast Guard. Any Coast Guard ty or security of U.S. naval vessels. commissioned, warrant or petty officer

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may enforce the rules and regulations naval vessel unless authorized by the contained in this subpart. Coast Guard, the senior naval officer (b) Senior naval officer present in com- present in command, or official patrol. mand. In the navigable waters of the (e) To request authorization to oper- United States, when immediate action ate within 100 yards of a large U.S. is required and representatives of the naval vessel, contact the Coast Guard, Coast Guard are not present or not the senior naval officer present in com- present in sufficient force to exercise mand, or the official patrol on VHF-FM effective control in the vicinity of channel 16. large U.S. naval vessels, the senior (f) When conditions permit, the Coast naval officer present in command is re- Guard, senior naval officer present in sponsible for the enforcement of the command, or the official patrol should: rules and regulations contained in this (1) Give advance notice on VHF-FM subpart to ensure the safety and secu- channel 16 of all large U.S. naval vessel rity of all large naval vessels present. movements; and In meeting this responsibility, the sen- (2) Permit vessels constrained by ior naval officer present in command their navigational draft or restricted in may directly assist any Coast Guard their ability to maneuver to pass with- enforcement personnel who are in 100 yards of a large U.S. naval vessel present. in order to ensure a safe passage in accordance with the Navigation Rules; § 165.2025 Atlantic Area. and (a) This section applies to any vessel (3) Permit commercial vessels an- or person in the navigable waters of chored in a designated anchorage area the United States within the bound- to remain at anchor when within 100 aries of the U.S. Coast Guard Atlantic yards of passing large U.S. naval ves- Area, which includes the First, Fifth, sels; and Seventh, Eighth and Ninth U.S. Coast (4) Permit vessels that must transit Guard Districts. via a navigable channel or waterway to pass within 100 yards of a moored or NOTE TO § 165.2025 paragraph (a): The anchored large U.S. naval vessel with boundaries of the U.S. Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth minimal delay consistent with secu- and Ninth U.S. Coast Guard Districts are set rity. out in 33 CFR part 3. NOTE TO § 165.2025 paragraph (f): The listed (b) A naval vessel protection zone ex- actions are discretionary and do not create ists around U.S. naval vessels greater any additional right to appeal or otherwise than 100 feet in length overall at all dispute a decision of the Coast Guard, the times in the navigable waters of the senior naval officer present in command, or the official patrol. United States, whether the large U.S. naval vessel is underway, anchored, § 165.2030 Pacific Area. moored, or within a floating drydock, (a) This section applies to any vessel except when the large naval vessel is moored or anchored within a restricted or person in the navigable waters of area or within a naval defensive sea the United States within the bound- area. aries of the U.S. Coast Guard Pacific (c) The Navigation Rules shall apply Area, which includes the Eleventh, at all times within a naval vessel pro- Thirteenth, Fourteenth, and Seven- tection zone. teenth U.S. Coast Guard Districts. (d) When within a naval vessel pro- NOTE TO PARAGRAPH (a): The boundaries of tection zone, all vessels shall operate the U.S. Coast Guard Pacific Area and the at the minimum speed necessary to Eleventh, Thirteenth, Fourteenth, and Sev- maintain a safe course, unless required enteenth U.S. Coast Guard Districts are set to maintain speed by the Navigation out in 33 CFR part 3. Rules, and shall proceed as directed by (b) A naval vessel protection zone ex- the Coast Guard, the senior naval offi- ists around U.S. naval vessels greater cer present in command, or the official than 100 feet in length overall at all patrol. When within a naval vessel pro- times in the navigable waters of the tection zone, no vessel or person is al- United States, whether the large U.S. lowed within 100 yards of a large U.S. naval vessel is underway, anchored,

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moored, or within a floating dry dock, PART 166—SHIPPING SAFETY except when the large naval vessel is FAIRWAYS moored or anchored within a restricted area or within a naval defensive sea Subpart A—General area. (c) The Navigation Rules shall apply Sec. at all times within a naval vessel pro- 166.100 Purpose. tection zone. 166.103 Geographic coordinates. (d) When within a naval vessel pro- 166.105 Definitions. 166.110 Modification of areas. tection zone, all vessels shall operate at the minimum speed necessary to Subpart B—Designations of Fairways and maintain a safe course, unless required Fairway Anchorages to maintain speed by the Navigation Rules, and shall proceed as directed by 166.200 Shipping safety fairways and an- the Coast Guard, the senior naval offi- chorage areas, Gulf of Mexico. 166.300 Areas along the coast of California. cer present in command, or the official 166.400 Areas along the coast of Alaska. patrol. When within a naval vessel pro- 166.500 Areas along the Atlantic Coast. tection zone, no vessel or person is allowed within 100 yards of a large U.S. AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. naval vessel unless authorized by the Coast Guard, the senior naval officer Subpart A—General present in command, or official patrol. (e) To request authorization to oper- § 166.100 Purpose. ate within 100 yards of a large U.S. The purpose of these regulations is to naval vessel, contact the Coast Guard, establish and designate shipping safety the senior naval officer present in com- fairways and fairway anchorages to mand, or the official patrol on VHF-FM provide unobstructed approaches for channel 16. vessels using U.S. ports. (f) When conditions permit, the Coast [CGD 81–80a, 48 FR 30110, June 30, 1983] Guard, senior naval officer present in command, or the official patrol should: § 166.103 Geographic coordinates. (1) Give advance notice on VHF-FM Geographic coordinates expressed in channel 16 of all large U.S. naval vessel terms of latitude or longitude, or both, movements; (2) Permit vessels constrained by are not intended for plotting on maps their navigational draft or restricted in or charts whose referenced horizontal their ability to maneuver to pass with- datum is the North American Datum of in 100 yards of a large U.S. naval vessel 1983 (NAD 83), unless such geographic in order to ensure a safe passage in ac- coordinates are expressly labeled NAD cordance with the Navigation Rules; 83. Geographic coordinates without the and NAD 83 reference may be plotted on (3) Permit commercial vessels an- maps or charts referenced to NAD 83 chored in a designated anchorage area only after application of the appro- to remain at anchor when within 100 priate corrections that are published yards of passing large U.S. naval ves- on the particular map or chart being sels; and used. (4) Permit vessels that must transit [CGD 86–082, 52 FR 33811, Sept. 8, 1987] via a navigable channel or waterway to pass within 100 yards of a moored or § 166.105 Definitions. anchored large U.S. naval vessel with (a) Shipping safety fairway or fairway minimal delay consistent with secu- means a lane or corridor in which no rity. artificial island or fixed structure, NOTE TO PARAGRAPH (f): The listed actions whether temporary or permanent, will are discretionary and do not create any addi- be permitted. Temporary underwater tional right to appeal or otherwise dispute a obstacles may be permitted under cer- decision of the Coast Guard, the senior naval tain conditions described for specific officer present in command, or the official areas in Subpart B. Aids to navigation patrol. approved by the U.S. Coast Guard may [PAC AREA–02–001, 67 FR 38394, June 4, 2002] be established in a fairway.

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(b) Fairway anchorage means an an- number of structures will be limited by chorage area contiguous to and associ- spacing as follows: ated with a fairway, in which fixed (1) The center of a structure to be structures may be permitted within erected shall not be less than two (2) certain spacing limitations, as de- nautical miles from the center of any scribed for specific areas in Subpart B. existing structure. (2) In a drilling or production com- [CGD 81–80a, 48 FR 30110, June 30, 1983] plex, associated structures connected § 166.110 Modification of areas. by walkways shall be considered one structure for purposes of spacing, and Fairways and fairway anchorages are shall be as close together as prac- subject to modification in accordance ticable having due consideration for with 33 U.S.C. 1223(c); 92 Stat. 1473. the safety factors involved. [CGD 81–80a, 48 FR 30110, June 30, 1983] (3) A vessel fixed in place by moorings and used in conjunction with the associated structures of a drilling or Subpart B—Designations of production complex, shall be consid- Fairways and Fairway Anchorages ered an attendant vessel and the extent of the complex shall include the vessel § 166.200 Shipping safety fairways and and its moorings. anchorage areas, Gulf of Mexico. (4) When a drilling or production (a) Purpose. Fairways and anchorage complex extends more than five hun- areas as described in this section are dred (500) yards from the center, a new established to control the erection of structure shall not be erected closer structures therein to provide safe ap- than two (2) nautical miles from the proaches through oil fields in the Gulf outer limit of the complex. of Mexico to entrances to the major (5) An underwater completion instal- ports along the Gulf Coast. lation in an anchorage area shall be (b) Special Conditions for Fairways in considered a structure and shall be the Gulf of Mexico. Temporary anchors marked with a lighted buoy approved and attendant cables or chains at- by the United States Coast Guard tached to floating or semisubmersible under § 66.01. drilling rigs outside a fairway may be (d) Designated Areas—(1) Brazos placed within a fairway described in Santiago Pass Safety Fairway. The areas this section for the Gulf of Mexico, pro- between rhumb lines joining points at: vided the following conditions are met: (1) Anchors installed within fairways Latitude North Longitude West to stablize semisubmersible drilling 26°03′27″ ...... 97°08′36″ rigs shall be allowed to remain 120 26°02′57″ ...... 97°07′11″ days. This period may be extended by 26°02′06″ ...... 96°57′24″ 25°58′54″ ...... 96°19′00″ the Army Corps of Engineers, as provided by § 209.135(b). and rhumb lines joining points at: (2) Drilling rigs must be outside of any fairway boundary to whatever dis- Latitude North Longitude West tance is necessary to ensure that the 26°04′27″ ...... 97°08′36″ minimum depth of water over an an- 26°04′58″ ...... 97°07′07″ chor line within a fairway is 125 feet. 26°04′12″ ...... 96°59′30″ (3) No anchor buoys or floats or re- 26°04′00″ ...... 96°57′24″ ° ′ ″ ° ′ ″ lated rigging will be allowed on the 26 00 54 ...... 96 19 00 surface of the water or to a depth of at (2) Brazos Santiago Pass Anchorage least 125 feet from the surface, within a Areas. The areas enclosed by rhumb fairway. lines joining points at: (4) Aids to Navigation or danger markings must be installed as required Latitude North Longitude West by 33 CFR Subchapter C. 26°02′57″ ...... 97°07′11″ (c) Special Conditions for Fairway An- 26°02′06″ ...... 96°57′24″ chorages in the Gulf of Mexico. Struc- 25°58′54″ ...... 96°57′24″ tures may be placed within an area des- 25°58′54″ ...... 97°07′18″ 26°02′57″ ...... 97°07′11″ ignated as a fairway anchorage, but the

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and rhumb lines joining points at: Latitude North Longitude West

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

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

Latitude North Longitude West Latitude North Longitude West

26°34′04″ ...... 97°16′05″ 27°45′14″ ...... 96°55′26″ 26°34′40″ ...... 97°15′47″ 27°43′00″ ...... 96°55′27″ 26°34′43″ ...... 97°14′40″ 27°44′09″ ...... 96°53′25″ 27°45′14″ ...... 96°55′26″ (4) Aransas Pass Safety Fairway. The area between rhumb lines joining (6) Matagorda Entrance Safety Fair- points at: way. The areas between rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 27°49′21″ ...... 97°02′08″ 27°48′11″ ...... 97°01′06″ 28°24′50″ ...... 96°19′38″ 27°46′26″ ...... 96°57′40″ 28°22′16″ ...... 96°17′40″ 27°45′14″ ...... 96°55′26″ 28°14′48″ ...... 96°09′42″ 27°44′09″ ...... 96°53′25″ 28°11′24″ ...... 96°06′06″ 27°42′47″ ...... 96°51′39″ 28°10′06″ ...... 96°04′42″ 27°39′24″ ...... 96°48′26″ 27°38′02″ ...... 95°49′39″ 27°21′59″ ...... 96°11′42″ with rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 28°25′31″ ...... 96°18′48″ 27°50′15″ ...... 97°01′32″ 28°23′38″ ...... 96°16′00″ 27°49′54″ ...... 96°59′56″ 28°16′12″ ...... 96°08′06″ 27°45′22″ ...... 96°51′19″ 28°12′30″ ...... 96°04′12″ 27°44′35″ ...... 96°48′31″ 28°11′13″ ...... 96°02′46″ 27°43′49″ ...... 96°45′47″ 27°38′12″ ...... 95°47′19″ 27°35′17″ ...... 96°27′46″ 27°33′33″ ...... 96°24′06″ (7) Matagorda Entrance Anchorage 27°25′53″ ...... 96°07′56″ Areas. The areas enclosed by rhumb lines joining points at: separated by areas enclosed by rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°22′16″ ...... 96°17′40″ 28°14′48″ ...... 96°09′42″ 27°41′10″ ...... 96°47′23″ 28°12′42″ ...... 96°12′12″ 27°34′50″ ...... 96°34′01″ 28°20′12″ ...... 96°20′12″ 27°34′59″ ...... 96°31′56″ 28°22′16″ ...... 96°17′40″ 27°42′03″ ...... 96°46′51″ 27°41′10″ ...... 96°47′23″ and rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°23′38″ ...... 96°16′00″ 28°25′36″ ...... 96°13′36″ 27°33′06″ ...... 96°30′21″ 28°18′12″ ...... 96°05′36″

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Latitude North Longitude West Latitude North Longitude West

28°16′12″ ...... 96°08′06″ 27°44′13″ ...... 94°23′57″ 28°23′38″ ...... 96°16′00″ 29°06′24″ ...... 94°23′55″ 29°07′41″ ...... 94°22′23″ ° ′ ″ ° ′ ″ (8) Freeport Harbor Safety Fairway. 28 11 57 ...... 92 53 25 The area between rhumb lines joining (11) Galveston Entrance Anchorage points at: Areas. The areas enclosed by rhumb Latitude North Longitude West lines joining points at:

28°55′19″ ...... 95°17′46″ Latitude North Longitude West 28°52′58″ ...... 95°16′06″ 28°44′52″ ...... 95°07′43″ 9°18′10″ ...... 94°39′16″ 28°43′32″ ...... 95°06′18″ 29°08′04″ ...... 94°28′12″ 28°04′48″ ...... 94°26′12″ 29°03′13″ ...... 94°36′48″ 29°14′48″ ...... 94°45′12″ 29°18′10″ ...... 94°39′16″ and rhumb lines joining points at:

Latitude North Longitude West and rhumb lines joining points at:

28°55′59″ ...... 95°16′55″ Latitude North Longitude West 28°54′05″ ...... 95°14′10″ ° ′ ″ ° ′ ″ 28°45′58″ ...... 95°5′48″ 29 19 23 ...... 94 37 08 ° ′ ″ ° ′ ″ 28°44′39″ ...... 95°04′22″ 29 22 18 ...... 94 32 00 ° ′ ″ ° ′ ″ 28°07′46″ ...... 94°26′12″ 29 14 23 ...... 94 25 53 29°13′24″ ...... 94°27′33″ 29°19′23″ ...... 94°37′08″ (9) Freeport Harbor Anchorage Areas. The areas enclosed by rhumb lines join- (12) Sabine Pass Safety Fairway. The ing points at: areas between rhumb lines joining Latitude North Longitude West points at:

28°52′58″ ...... 95°16′06″ Latitude North Longitude West 28°44′52″ ...... 95°07′43″ ° ′ ″ ° ′ ″ 28°42′24″ ...... 95°12′00″ 29 38 25 ...... 93 50 02 ° ′ ″ ° ′ ″ 29°35′19″ ...... 93°49′10″ 28 51 30 ...... 95 18 42 ° ′ ″ ° ′ ″ 28°52′58″ ...... 95°16′06″ 29 33 00 ...... 93 46 26 29°32′03″ ...... 93°46′44″ 29°30′39″ ...... 93°43′41″ and rhumb lines joining points at: 29°28′30″ ...... 93°41′09″ 29°07′28″ ...... 93°41′08″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″ 28°11′57″ ...... 92°53′25″ 28°54′05″ ...... 95°14′10″ 27°51′58″ ...... 92°36′20″ 28°56′54″ ...... 95°09′18″ 28°47′42″ ...... 95°02′42″ 28°45′58″ ...... 95°05′48″ and rhumb lines joining points at: 28°54′05″ ...... 95°14′10″ Latitude North Longitude West

(10) Galveston Entrance Safety Fair- 29°38′48″ ...... 93°48′59″ ways. The areas between rhumb lines 29°37′32″ ...... 93°48′02″ ° ′ ″ ° ′ ″ joining points at: 29 36 28 ...... 93 47 14 29°32′52″ ...... 93°43′00″ 29°31′13″ ...... 93°41′04″ Latitude North Longitude West 29°29′20″ ...... 93°38′51″ 29°08′08″ ...... 93°38′52″ 27°44′03″ ...... 94°26′12″ 28°39′02″ ...... 93°13′39″ 28°04′48″ ...... 94°26′12″ 28°36′15″ ...... 93°11′15″ 28°07′46″ ...... 94°26′12″ 27°52′09″ ...... 92°33′40″ 29°06′24″ ...... 94°26′12″ 29°07′42″ ...... 94°27′48″ 29°18′10″ ...... 94°39′16″ (13) Sabine Pass Anchorage Areas—(i) 29°19′39″ ...... 94°41′33″ Sabine Pass Inshore Anchorage Area. The ° ′ ″ ° ′ ″ 29 20 44 ...... 94 40 44 area enclosed by rhumb lines joining 29°19′23″ ...... 94°37′08″ 29°10′30″ ...... 94°22′54″ points at: 29°10′17″ ...... 94°22′30″ 29°09′06″ ...... 94°20′36″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″ 29°37′32″ ...... 93°48′02″ 29°37′32″ ...... 93°21′25″ and rhumb lines joining points at: 29°32′52″ ...... 93°43′00″

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Latitude North Longitude West Latitude North Longitude West

29°36′28″ ...... 93°47′14″ 28°12′30″ ...... 96°04′12″ 28°42′24″ ...... 95°12′00″ (ii) Sabine Bank Offshore (North) An- 28°44′52″ ...... 95°07′43″ 28°45′58″ ...... 95°05′48″ chorage Area. The area enclosed by 28°47′42″ ...... 95°02′42″ rhumb lines joining points at: 29°07′42″ ...... 94°27′48″ 29°10′17″ ...... 94°22′30″ Latitude North Longitude West 29°29′30″ ...... 93°58′24″ 29°32′03″ ...... 93°46′44″ 29°26′06″ ...... 93°43′00″ 29°33′00″ ...... 93°46′26″ 29°26′06″ ...... 93°41′08″ 29°32′52″ ...... 93°43′00″ ° ′ ″ ° ′ ″ 29 24 06 ...... 93 41 08 29°37′32″ ...... 93°21′25″ 29°24′06″ ...... 93°43′00″

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

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

Latitude North Longitude West Latitude North Longitude West

25°58′54″ ...... 96°57′24″ 29°45′05″ ...... 93°20′03″ 26°02′06″ ...... 96°57′24″ 29°41′12″ ...... 93°19′37″ 26°04′00″ ...... 96°57′24″ 29°37′30″ ...... 93°18′15″ 27°40′36″ ...... 96°55′30″ 29°31′16″ ...... 93°12′16″ 27°43′00″ ...... 96°55′27″ 28°36′15″ ...... 93°11′15″ 27°45′14″ ...... 96°55′26″ (16) Calcasieu Pass Anchorage Areas— (ii) Aransas Pass to Calcasieu Pass. (i) Calcasieu Pass North Anchorage Area. The areas between rhumb lines joining The area enclosed by rhumb lines join- points at: ing points at: Latitude North Longitude West Latitude North Longitude West 27°43′00″ ...... 96°55′27″ 29°41′12″ ...... 93°19′37″ 27°44′09″ ...... 96°53′25″ 29°41′12″ ...... 93°12′28″ 27°45′22″ ...... 96°51′19″ 29°31′16″ ...... 93°12′16″ 27°51′46″ ...... 96°40′12″ 29°37′30″ ...... 93°18′15″ 28°11′24″ ...... 96°06′06″

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(ii) Calcasieu Pass South Anchorage Latitude North Longitude West Area. The area enclosed by rhumb lines 29°22′36″ ...... 91°23′28″ joining points at: 29°14′42″ ...... 91°30′28″

Latitude North Longitude West and a line joining points at: 28°59′30″ ...... 93°16′30″ 28°59′30″ ...... 93°14′00″ Latitude North Longitude West 28°56′00″ ...... 93°14′00″ 28°56′00″ ...... 93°16′30″ 29°14′05″ ...... 91°29′34″ 29°21′59″ ...... 91°22′34″ (17) Lower Mud Lake Safety Fairway. The area enclosed by rhumb lines join- (21) Bayou Grand Caillou Safety Fair- ing points at: way. The area between a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°43′24″ ...... 93°00′18″ ° ′ ″ ° ′ ″ 29°42′00″ ...... 93°00′18″ 29 10 59 ...... 90 57 26 29°05′24″ ...... 90°58′10″ 29°01′08″ ...... 91°00′44″ and rhumb lines joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°43′33″ ...... 93°00′48″ ° ′ ″ ° ′ ″ 29 42 00 ...... 93 00 48 29°00′40″ ...... 90°59′43″ 29°05′06″ ...... 90°57′03″ (18) Freshwater Bayou Safety Fairway. 29°09′46″ ...... 90°56′27″ The area between lines joining points at: (22) Cat Island Pass Safety Fairway. The area between lines joining points Latitude North Longitude West at:

29°31′59″ ...... 92°18′45″ Latitude North Longitude West 29°31′10″ ...... 92°18′54″ 29°31′13″ ...... 92°19′14″ 29°05′57″ ...... 90°34′32″ 29°27′44″ ...... 92°19′53″ 29°04′56″ ...... 90°35′09″ 29°03′14″ ...... 90°35′10″ 29°03′14″ ...... 90°35′17″ and a line joining points at: 29°01′24″ ...... 90°34′55″

Latitude North Longitude West and lines joining points at: 29°27′34″ ...... 92°18′45″ 29°31′03″ ...... 92°18′06″ Latitude North Longitude West 29°31′06″ ...... 92°18′26″ ° ′ ″ ° ′ ″ 29°31′55″ ...... 92°18′17″ 29 06 00 ...... 90 34 21 29°05′31″ ...... 90°34′12″ 29°03′13″ ...... 90°34′13″ (19) Southwest Pass Safety Fairway. 29°03′13″ ...... 90°34′07″ The area between lines joining points 29°01′34″ ...... 90°33′47″ at: (23) Belle Pass Safety Fairway. The Latitude North Longitude West area between a line joining points at: ° ′ ″ ° ′ ″ 29 34 48 ...... 92 03 12 Latitude North Longitude West 29°30′48″ ...... 92°07′00″ 29°23′30″ ...... 92°08′24″ 29°05′06″ ...... 90°14′07″ 29°02′50″ ...... 90°14′46″ and lines joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°34′24″ ...... 92°02′24″ 29°30′24″ ...... 92°06′12″ 29°02′56″ ...... 90°13′48″ 29°23′24″ ...... 92°07′30″ 29°05′06″ ...... 90°13′10″

(20) Atchafalaya Pass Safety Fairway. (24) Barataria Pass Safety Fairway. The area between a line joining points The area between a line joining points at: at:

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Latitude North Longitude West (28) Southwest Pass (Mississippi River) Safety Fairway—(i) Southwest Pass (Mis- 29°16′00″ ...... 89°57′00″ 29°14′54″ ...... 89°55′48″ sissippi River) to Gulf Safety Fairway. The area enclosed by rhumb lines join- and a line joining points at: ing points at: Latitude North Longitude West Latitude North Longitude West 28°54′33″ ...... 89°26′07″ 29°16′30″ ...... 89°56′06″ 28°52′42″ ...... 89°27′06″ 29°15′18″ ...... 89°55′00″ 28°50′00″ ...... 89°27′06″ 28°02′32″ ...... 90°09′28″ (25) Grand Bayou Pass Safety Fairway. The areas between a line joining points and rhumb lines joining points at: at: Latitude North Longitude West Latitude North Longitude West 28°54′18″ ...... 89°25′46″ 29°17′36″ ...... 89°41′36″ 28°53′30″ ...... 89°25′18″ 29°16′48″ ...... 89°42′12″ 28°53′30″ ...... 89°23′48″ 28°50′40″ ...... 89°24′48″ 28°48′48″ ...... 89°24′48″ and a line joining points at: 28°47′24″ ...... 89°26′30″ 28°00′36″ ...... 90°08′18″ Latitude North Longitude West

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

and a line joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 28°54′18″ ...... 89°25′46″ 29°13′24″ ...... 89°36′11″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 28 53 30 ...... 89 25 18 29 14 54 ...... 89 35 51 28°53′30″ ...... 89°23′48″ 28°50′40″ ...... 89°24′48″ (27) Gulf Safety Fairway. Aransas Pass 28°48′48″ ...... 89°24′48″ Safety Fairway to Southwest Pass Safety 28°45′06″ ...... 89°22′12″ 28°43′27″ ...... 89°21′01″ Fairway. The areas between rhumb 28°37′54″ ...... 89°17′06″ lines joining points at: (iii) Southwest Pass (Mississippi River) Latitude North Longitude West to South Pass (Mississippi River) Safety 27°33′06″ ...... 96°30′21″ Fairway. The areas between rhumb line 27°33′15″ ...... 96°28′16″ joining points at: 27°33′33″ ...... 96°24′06″ 28°00′36″ ...... 90°08′18″ Latitude North Longitude West and rhumb lines joining points at: 28°45′06″ ...... 89°22′12″ 28°55′56″ ...... 89°03′09″ Latitude North Longitude West and rhumb lines joining points at: 27°34′50″ ...... 96°34′01″ 27°34′59″ ...... 96°31′56″ 27°35′17″ ...... 96°27′46″ Latitude North Longitude West 27°38′02″ ...... 95°49′39″ 28°43′27″ ...... 89°21′01″ 27°38′12″ ...... 95°47′19″ 28°54′55″ ...... 89°00′44″ 27°44′03″ ...... 94°26′12″ 27°44′13″ ...... 94°23′57″ 27°51′58″ ...... 92°36′20″ (29) Southwest Pass (Mississippi River) 27°52′09″ ...... 92°33′40″ ° ′ ″ ° ′ ″ Anchorage. The area enclosed by rhumb 28 02 32 ...... 90 09 28 lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

28°53′30″ ...... 89°23′48″ 29°42′10″ ...... 89°25′49″ 28°53′30″ ...... 89°21′48″ 29°29′33″ ...... 89°07′47″ 28°55′06″ ...... 89°21′48″ 29°27′14″ ...... 89°03′20″ 28°55′06″ ...... 89°19′18″ 29°24′38″ ...... 89°00′00″ 28°52′41″ ...... 89°17′30″ 29°24′35″ ...... 88°57′17″ 28°50′40″ ...... 89°21′14″ ° ′ ″ ° ′ ″ 28 50 40 ...... 89 24 48 and rhumb lines joining points at:

(30) South Pass (Mississippi River) Safe- Latitude North Longitude West ty Fairway—(i) South Pass to Sea Safety Fairway. The areas between rhumb 29°42′29″ ...... 89°25′31″ 29°29′53″ ...... 89°07′31″ lines joining points at: 29°27′01″ ...... 89°01′54″ 29°26′38″ ...... 88°58′43″ Latitude North Longitude West

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

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

and rhumb lines joining points at: 29°27′01″ ...... 89°01′54″ 29°32′12″ ...... 88°55′42″ Latitude North Longitude West 29°29′57″ ...... 88°54′48″ 29°26′38″ ...... 88°58′43″ 28°56′16″ ...... 88°58′29″ 29°03′30″ ...... 88°45′42″ 29°23′06″ ...... 88°54′11″ (ii) The areas within rhumb lines 29°26′28″ ...... 88°55′39″ joining points at:

(31) South Pass (Mississippi River) An- Latitude North Longitude West chorage. The areas within rhumb lines 29°26′28″ ...... 88°55′39″ joining points at: 29°27′54″ ...... 88°53′54″ 29°24′33″ ...... 88°52′27″ Latitude North Longitude West 29°23′06″ ...... 88°54′11″

° ′ ″ ° ′ ″ 29 00 00 ...... 89 07 00 (34) Gulfport Safety Fairway. The 29°03′36″ ...... 89°02′18″ 28°57′56″ ...... 89°02′18″ areas between rhumb lines joining points at: (32) Mississippi River-Gulf Outlet Safety Fairway. (i) The areas between rhumb Latitude North Longitude West lines joining points at: 30°20′54″ ...... 89°05′36″

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Latitude North Longitude West Latitude North Longitude West

30°13′56″ ...... 88°59′42″ 29°55′14″ ...... 88°19′15″ 30°11′09″ ...... 88°59′56″ 29°20′00″ ...... 87°41′47″ 30°06′45″ ...... 88°56′24″ 30°05′42″ ...... 88°56′24″ and rhumb line joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°20′30″ ...... 88°33′18″ 30°18′39″ ...... 88°31′25″ 30°21′27″ ...... 89°04′38″ 30°14′11″ ...... 88°58′29″ 30°11′29″ ...... 88°58′45″ and rhumb line joining points at: 30°07′42″ ...... 88°55′37″ Latitude North Longitude West

(35) Biloxi Safety Fairway. The area 30°20′26″ ...... 188°31′25″ between lines joining points at: 30°18′39″ ...... 188°31′25″

Latitude North Longitude West and rhumb lines joining points at: 30°24′06″ ...... 88°50′57″ 30°23′15″ ...... 88°50′22″ Latitude North Longitude West 30°21′11″ ...... 88°47′36″ 30°19′21″ ...... 88°30′12″ 30°20′13″ ...... 88°47′04″ 30°17′25″ ...... 88°30′12″ 30°15′06″ ...... 88°47′06″ 30°12′46″ ...... 88°29′42″ 30°13′09″ ...... 88°47′46″ 30°11′21″ ...... 88°31′00″ 30°12′23″ ...... 88°49′02″ 30°09′33″ ...... 88°29′48″ 30°07′30″ ...... 88°29′09″ and lines joining points at: 29°58′03″ ...... 88°19′05″ 29°56′34″ ...... 88°17′30″ 29°20′48″ ...... 87°39′31″ Latitude North Longitude West

30°24′27″ ...... 88°50′31″ (38) Horn Island Pass to Mobile Ship 30°23′57″ ...... 88°49′31″ Channel Safety Fairway. The areas be- 30°21′42″ ...... 88°46′36″ 30°20′25″ ...... 88°45′55″ tween rhumb line joining points at: 30°14′57″ ...... 88°45′57″ 30°12′56″ ...... 88°46′39″ Latitude North Longitude West 30°12′00″ ...... 88°45′25″ 30°09′33″ ...... 88°29′48″ 30°07′15″ ...... 88°06′54″ (36) Ship Island Pass to Horn Island Pass Safety Fairway. The areas between and rhumb line joining points at: rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°07′30″ ...... 88°29′09″ 30°05′42″ ...... 88°56′24″ 30°05′29″ ...... 88°09′19″ 30°06′38″ ...... 88°31′26″ (39) Mobile Safety Fairway—(i) Mobile and rhumb line joining points at: Ship Channel Safety Fairway. The areas between rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°07′42″ ...... 88°55′37″ ° ′ ″ ° ′ ″ 30 08 27 ...... 88 36 57 30°38′46″ ...... 88°03′24″ 30°38′14″ ...... 88°02′42″ (37) Pascagoula Safety Fairway. The 30°31′59″ ...... 88°02′00″ areas between rhumb lines joining 30°31′59″ ...... 88°04′59″ points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°20′46″ ...... 88°34′39″ 30°20′21″ ...... 88°34′39″ 30°31′00″ ...... 88°05′30″ 30°17′00″ ...... 88°31′21″ 30°31′00″ ...... 88°01′54″ 30°12′59″ ...... 88°30′53″ 30°26′55″ ...... 88°01′26″ 30°11′50″ ...... 88°32′05″ 30°16′35″ ...... 88°02′45″ 30°08′27″ ...... 88°36′57″ 30°14′09″ ...... 88°03′24″ 30°06′38″ ...... 88°31′26″ 30°10′36″ ...... 88°03′53″ 29°56′43″ ...... 88°20′50″ 30°08′10″ ...... 88°04′40″

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Latitude North Longitude West and rhumb lines joining points at:

30°07′15″ ...... 88°06′54″ Latitude North Longitude West

30°18′43″ ...... 87°19′24″ and rhumb lines joining points at: 30°15′57″ ...... 87°18′19″ 30°14′20″ ...... 87°19′05″ Latitude North Longitude West 30°12′31″ ...... 87°18′00″ 30°10′03″ ...... 87°18′00″ 30°39′55″ ...... 88°01′15″ 29°37′00″ ...... 87°18′00″ 30°37′06″ ...... 88°01′23″ 30°26′11″ ...... 88°00′11″ 30°16′18″ ...... 88°01′35″ and rhumb lines joining points at: 30°13′52″ ...... 88°01′12″ 30°13′14″ ...... 88°01′12″ Latitude North Longitude West 30°10′36″ ...... 88°01′35″ 30°08′04″ ...... 88°00′36″ 30°26′27″ ...... 87°08′28″ 30°25′35″ ...... 87°10′30″ (ii) Mobile Ship Channel to Sea Safety Fairway. The areas between rhumb and rhumb lines joining points at: lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°24′36″ ...... 87°07′07″ 30°05′15″ ...... 88°01′13″ 30°22′57″ ...... 87°09′38″ 30°03′50″ ...... 88°00′00″ 30°22′36″ ...... 87°11′50″ 29°25′46″ ...... 87°29′13″ 30°19′21″ ...... 87°14′46″ 30°19′52″ ...... 87°17′31″ and rhumb line joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°06′17″ ...... 87°59′15″ 29°27′00″ ...... 87°27′18″ 30°19′15″ ...... 87°17′37″ 30°16′28″ ...... 87°16′32″ 30°14′32″ ...... 87°16′06″ (iii) Mobile to Pensacola Safety Fair- 30°12′33″ ...... 87°15′43″ way. The areas between rhumb line 29°42′30″ ...... 87°15′43″ joining points at: (42) Pensacola Anchorage. (i) The area Latitude North Longitude West within rhumb lines joining points at: 30°08′04″ ...... 88°00′36″ 30°14′20″ ...... 87°19′05″ Latitude North Longitude West 30°11′49″ ...... 87°22′41″ and rhumb line joining points at: 30°12′31″ ...... 87°18′00″ 30°10′03″ ...... 87°18′00″ Latitude North Longitude West 30°09′21″ ...... 87°22′41″ 30°06′17″ ...... 87°59′15″ (ii) The area within rhumb lines join- ° ′ ″ ° ′ ″ 30 12 31 ...... 87 18 00 ing points at:

(40) Mobile Anchorage. The areas with- Latitude North Longitude West in rhumb lines joining points at: 30°16′28″ ...... 87°16′32″ Latitude North Longitude West 30°17′14″ ...... 87°11′52″ 30°15′14″ ...... 87°11′52″ 30°05′15″ ...... 88°06′05″ 30°14′32″ ...... 87°16′06″ 30°05′15″ ...... 88°01′13″ 30°03′50″ ...... 88°00′00″ (43) Pensacola to Panama City Safety ° ′ ″ ° ′ ″ 30 03 50 ...... 88 08 01 Fairway. The area between rhumb lines (41) Pensacola Safety Fairway. The joining points at: areas between rhumb lines joining Latitude North Longitude West points at: 30°14′32″ ...... 87°16′06″ Latitude North Longitude West 30°15′14″ ...... 87°11′52″ 30°18′45″ ...... 86°50′00″ 30°23′41″ ...... 87°14′34″ 30°18′00″ ...... 86°20′00″ 30°23′06″ ...... 87°13′53″ 29°51′30″ ...... 85°47′33″ 30°22′54″ ...... 87°13′53″ ° ′ ″ ° ′ ″ 30 20 47 ...... 87 15 45 and rhumb lines joining points at:

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Latitude West Longitude West Latitude North Longitude West

30°12′33″ ...... 87°15′43″ 29°50′40″ ...... 85°32′39″ 30°16′44″ ...... 86°49′49″ 29°49′19″ ...... 85°45′15″ 30°16′01″ ...... 86°20′57″ ° ′ ″ ° ′ ″ 29 48 45 ...... 85 47 33 (47) Port St. Joe Anchorage. The area within rhumb lines joining points at: (44) Panama City Safety Fairways. The areas between rhumb lines joining Latitude North Longitude West points at: 29°50′40″ ...... 85°32′39″ Latitude North Longitude West 29°51′04″ ...... 85°29′00″ 29°49′18″ ...... 85°30′18″ 30°09′24″ ...... 85°40′12″ 30°09′21″ ...... 85°41′40″ (48) Tampa Safety Fairways. The area 30°07′36″ ...... 85°44′20″ 30°06′32″ ...... 85°47′33″ between rhumb lines joining points at: 29°51′30″ ...... 85°47′33″ 29°48′45″ ...... 85°47′33″ Latitude North Longitude West 29°03′30″ ...... 85°47′33″ 27°37′48″ ...... 82°45′54″ 27°36′48″ ...... 82°55′54″ and rhumb lines joining points at: 27°36′48″ ...... 83°00′00″ 27°36′48″ ...... 84°39′10″ Latitude North Longitude West

30°08′34″ ...... 85°40′16″ and rhumb lines joining points at: 30°07′55″ ...... 85°41′50″ 30°06′49″ ...... 85°43′28″ Latitude North Longitude West 30°04′40″ ...... 85°45′15″ 29°55′27″ ...... 85°45′15″ 27°35′54″ ...... 82°45′42″ 29°51′20″ ...... 85°45′15″ 27°34′48″ ...... 82°55′54″ 29°49′19″ ...... 85°45′15″ 27°34′48″ ...... 83°00′00″ 29°00′00″ ...... 85°45′15″ 27°34′48″ ...... 84°39′00″

(45) Panama City Anchorage. The area (49) Tampa Anchorages—(i) Eastern within rhumb lines joining points at: Tampa Fairway Anchorage. The area enclosed by rhumb lines [North American Latitude North Longitude West Datum of 1927 (NAD–27)] joining points 29°55′27″ ...... 85°45′15″ at: 29°55′27″ ...... 85°42′25″ ° ′ ″ ° ′ ″ 29 51 39 ...... 85 42 25 Latitude North Longitude West 29°51′20″ ...... 85°45′15″ 27°36′48″ ...... 83°00′00″ (46) Port St. Joe Fairway to Panama 27°39′00″ ...... 83°00′00″ 27°39′00″ ...... 82°55′54″ City Fairway. The area between rhumb ° ′ ″ ° ′ ″ lines joining points at: 27 36 48 ...... 82 55 54

Latitude North Longitude West (ii) Western Tampa Fairway Anchor- age. The area enclosed by rhumb lines 29°49′54″ ...... 85°19′24″ [North American Datum of 1927 (NAD– 29°50′59″ ...... 85°22′25″ 29°53′32″ ...... 85°22′25″ 27)] joining points at: 29°54′12″ ...... 85°24′00″ 29°54′12″ ...... 85°25′55″ Latitude North Longitude West 29°52′58″ ...... 85°28′43″ 29°53′00″ ...... 85°29′48″ 27°36′48″ ...... 83°05′06″ 29°51′39″ ...... 85°42′25″ 27°39′00″ ...... 83°05′06″ 29°51′20″ ...... 85°45′15″ 27°39′00″ ...... 83°01′00″ 27°36′48″ ...... 83°01′00″ and rhumb lines joining points at: (50) Charlotte Safety Fairways. The Latitude North Longitude West area between rhumb lines joining points at: 29°48′22″ ...... 85°18′12″ ° ′ ″ ° ′ ″ 29 47 21 ...... 85 21 00 Latitude North Longitude West 29°50′42″ ...... 85°23′31″ 29°52′51″ ...... 85°23′36″ 26°41′18″ ...... 82°19′00″ 29°53′10″ ...... 85°24′18″ 25°30′00″ ...... 84°22′00″ 29°53′10″ ...... 85°25′33″ 29°51′57″ ...... 85°28′19″ 29°51′04″ ...... 85°29′00″ and rhumb lines joining points at:

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Latitude North Longitude West the erection of structures therein to provide safe vessel routes along the 26°40′19″ ...... 82°18′28″ 26°38′30″ ...... 82°19′54″ coast of California. 26°39′00″ ...... 82°19′00″ (b) Designated Areas—(1) Port Hueneme 25°28′00″ ...... 84°21′30″ Safety Fairway. An area one nautical mile in width centered on the aline- (51) Charlotte Anchorage. The area ment of Port Hueneme Entrance Chan- within rhumb lines joining points at: nel and extending seaward from the 30- Latitude North Longitude West foot-depth curve for a distance of 1.5 nautical miles, thence turning south- 26°39′00″ ...... 82°19′00″ erly and widening to 1.5 nautical miles 26°38′12″ ...... 82°18′24″ 26°37′36″ ...... 82°19′18″ at the 3-mile limit, all between lines 26°38′30″ ...... 82°19′54″ joining the following points:

(52) Louisiana Offshore Oil Port Latitude Longitude (LOOP) Shipping Safety Fairway to Safe- 34°06′30″ N 119°15′00″ W ty Zone—(i) North of Gulf Safety Fair- 34°07′37″ N 119°14′25″ W way. The two mile wide area enclosed 34°08′49″ N 119°13′21″ W by rhumb lines joining points at: thence generally along the 30-foot-depth Latitude North Longitude West curve to the seaward end of the west entrance jetty; seaward end of the east en- 28°48′36″ ...... 89°55′00″ trance jetty, thence generally along the 30- 28°48′14″ ...... 89°54′17″ foot-depth curve to: 28°45′47″ ...... 89°54′19″ ° ′ ″ ° ′ ″ 28 36 06 ...... 89 55 44 Latitude Longitude 28°18′30″ ...... 89°55′15″ ° ′ ″ ° ′ ″ 28 20 58 ...... 89 53 03 34°08′21″ N 119°12′15″ W ° ′ ″ ° ′ ″ 28 36 09 ...... 89 53 28 34°07′10″ N 119°13′20″ W ° ′ ″ ° ′ ″ 28 49 07 ...... 89 51 30 34°05′48″ N 119°13′23″ W 28°50′20″ ...... 89°53′51″ (2) [Reserved] (ii) South of Gulf Safety Fairway. The two-mile-wide area enclosed by rhumb [CGD 82–101, 48 FR 49019, Oct. 24, 1983] lines joining points at: § 166.400 Areas along the coast of Alas- Latitude North Longitude West ka.

28°15′20″ ...... 89°55′10″ (a) Purpose. Fairways, as described in 27°46′29″ ...... 89°54′23″ this section, are established to control ° ′ ″ ° ′ ″ 27 46 32 ...... 89 52 08 the erection of structures therein to 28°17′48″ ...... 89°52′58″ provide safe vessel routes along the (53) Heald Bank Cutoff Safety Fairway. coast of Alaska. The area enclosed by rhumb lines (b) Designated Areas—(1) Prince Wil- [North American Datum of 1927 (NAD– liam Sound Safety Fairway—(i) 27)], joining points at: Hinchinbrook Entrance Safety Fairway. The area enclosed by rhumb lines join- Latitude North Longitude West ing points at: ° ′ ″ ° ′ ″ 28 57 15 ...... 94 23 55 Latitude Longitude 28°51′30″ ...... 93°56′30″ ° ′ ″ ° ′ ″ 28 48 30 ...... 93 51 45 59°59′00″ N 145°27′24″ W ° ′ ″ ° ′ ″ 28 55 15 ...... 94 23 55 60°13′18″ N 146°38′06″ W 60°11′24″ N 146°47′00″ W 59°55′00″ N 145°42′00″ W [CGD 81–040, 47 FR 20581, May 13, 1982] EDITORIAL NOTE: For FEDERAL REGISTER ci- (ii) Gulf to Hinchinbrook Safety Fair- tations affecting § 166.200, see the List of CFR way (recommended for inbound vessel Sections Affected, which appears in the traffic). The area enclosed by rhumb printed volume and on GPO Access. lines joining points at:

§ 166.300 Areas along the coast of Cali- Latitude Longitude fornia. 59°15′42″ N 144°02′07″ W (a) Purpose. Fairways as described in 59°59′00″ N 145°27′24″ W this section are established to control 59°58′00″ N 145°32′12″ W

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Latitude Longitude (ii) Nantucket to Ambrose Safety Fair-

° ′ ″ ° ′ ″ way. The area enclosed by rhumb lines, 59 14 18 N 144 04 53 W NAD–27, joining point at:

(iii) Hinchinbrook to Gulf Safety Fair- Latitude Longitude way (recommended for outbound vessel traffic). The area enclosed by rhumb 28°54′33″ N 89°26′07″ W lines joining points at: 40°24′20″ N 73°04′58″ W 40°22′58″ N 72°58′26″ W Latitude Longitude 40°26′07″ N 70°19′09″ W 40°27′37″ N 70°13′46″ W 59°15′41″ N 144°23′35″ W 40°22′37″ N 70°13′36″ W 59°56′00″ N 145°37′39″ W 40°24′07″ N 70°19′05″ W ° ′ ″ ° ′ ″ 59 55 00 N 145 42 00 W 40°20′58″ N 72°58′26″ W ° ′ ″ ° ′ ″ 59 14 19 N 144 26 25 W 40°19′20″ N 73°04′58″ W (2) Unimak Pass Safety Fairway. (i) East/West Safety Fairway. The area en- [CGD 84–004, 52 FR 33589, Sept. 4, 1987; 52 FR closed by rhumb lines joining points at: 36248, Sept. 28, 1987] Latitude Longitude PART 167—OFFSHORE TRAFFIC 54°25′58″ N 165°42′24″ W SEPARATION SCHEMES 54°22′50″ N 165°06′54″ W ° ′ ″ ° ′ ″ 54 22 10 N 164 59 29 W Subpart A—General 54°07′58″ N 162°19′25″ W 54°04′02″ N 162°20′35″ W Sec. 54°22′02″ N 165°43′36″ W 167.1 Purpose. (ii) North/South Safety Fairway. The 167.3 Geographic coordinates. area enclosed by rhumb lines joining 167.5 Definitions. points at: 167.10 Operating rules. 167.15 Modification of schemes. Latitude Longitude Subpart B—Description of Traffic Separa- ° ′ ″ ° ′ ″ 54 42 28 N 165 16 19 W tion Schemes and Precautionary Areas 54°43′32″ N 165°09′41″ W 54°22′50″ N 165°06′54″ W ATLANTIC EAST COAST 54°22′10″ N 164°59′29″ W 167.150 Off New York Traffic Separation [CGD 81–103, 51 FR 43349, Dec. 2, 1986] Scheme: General. 167.151 Off New York: Precautionary areas. § 166.500 Areas along the Atlantic 167.152 Off New York: Eastern approach, off Coast. Nantucket. 167.153 Off New York: Eastern approach, off (a) Purpose. Fairways, as described in Ambrose Light. this section are established to control 167.154 Off New York: South-eastern ap- the erection of structures therein to proach. provide safe vessel routes along the At- 167.155 Off New York: Southern approach. lantic Coast. 167.170 Off Delaware Bay Approach Traffic (b) Designated Areas—(1) Off New York Separation Scheme: General. Shipping Safety Fairway. (i) Ambrose to 167.171 Off Delaware Bay: Eastern approach. Nantucket Safety Fairway. The area 167.172 Off Delaware Bay: Southeastern ap- enclosed by rhumb lines, [North Amer- proach. ican Datum of 1927 (NAD–27)] joining 167.173 Off Delaware Bay: Two-Way Traffic points at: Route. 167.174 Off Delaware Bay: Precautionary Latitude Longitude area. 167.200 In the approaches to Chesapeake 40°32′20″ N 73°04′57″ W 40°30′58″ N 72°58′25″ W Bay Traffic Separation Scheme: General. 40°34′07″ N 70°19′23″ W 167.201 In the approaches to Chesapeake 40°35′37″ N 70°14′09″ W Bay: Precautionary area. 40°30′37″ N 70°14′00″ W 167.202 In the approaches to Chesapeake 40°32′07″ N 70°19′19″ W Bay: Eastern approach. 40°28′58″ N 72°58′25″ W 40°27′20″ N 73°04′57″ W 167.203 In the approaches to Chesapeake Bay: Southern approach.

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ATLANTIC GULF COAST § 167.3 Geographic coordinates. 167.350 In the approaches to Galveston Bay Geographic coordinates are defined Traffic Separation Scheme and pre- using North American 1927 Datum cautionary areas. (NAD 27) unless indicated otherwise. PACIFIC WEST COAST [CGD 90–039, 59 FR 21937, Apr. 28, 1994]

167.400 Off San Francisco Traffic Separation § 167.5 Definitions. Scheme: General. 167.401 Off San Francisco: Precautionary (a) Area to be avoided means a routing area. measure comprising an area within de- 167.402 Off San Francisco: Northern ap- fined limits in which either navigation proach. is particularly hazardous or it is excep- 167.403 Off San Francisco: Southern ap- tionally important to avoid casualties proach. and which should be avoided by all 167.404 Off San Francisco: Western ap- ships or certain classes of ships. proach. (b) Traffic separation scheme (TSS) 167.405 Off San Francisco: Main ship chan- means a designated routing measure nel. which is aimed at the separation of op- 167.406 Off San Francisco: Area to be avoid- posing streams of traffic by appro- ed. priate means and by the establishment 167.450 In the Santa Barbara Channel Traf- of traffic lanes. fic Separation Scheme: General. (c) Traffic lane means an area within 167.451 In the Santa Barbara Channel: Be- defined limits in which one-way traffic tween Point Vicente and Point Concep- tion. is established. Natural obstacles, in- 167.452 In the Santa Barbara Channel: Be- cluding those forming separation tween Point Conception and Point zones, may constitute a boundary. Arguello. (d) Separation zone or line means a 167.500 In the approaches to Los Angeles- zone or line separating the traffic lanes Long Beach Traffic Separation Scheme: in which ships are proceeding in oppo- General. site or nearly opposite directions; or 167.501 In the approaches to Los Angeles/ separating a traffic lane from the adja- Long Beach: Precautionary area. cent sea area; or separating traffic 167.502 In the approaches to Los Angeles- lanes designated for particular classes Long Beach: Western approach. of ships proceeding in the same direc- 167.503 In the approaches to Los Angeles- tion. Long Beach TSS: Southern approach. (e) Precautionary area means a rout- 167.1700 In Prince William Sound: General. ing measure comprising an area within 167.1701 In Prince William Sound: Pre- defined limits where ships must navi- cautionary areas. gate with particular caution and with- 167.1702 In Prince William Sound: Prince in which the direction of traffic flow William Sound Traffic may be recommended. 167.1703 In Prince William Sound: Valdez (f) Deep-water route means an inter- Arm Traffic Separation Scheme. nationally recognized routing measure AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. primarily intended for use by ships that, because of their draft in relation SOURCE: CGD 81–080, 48 FR 36456, Aug. 11, 1983, unless otherwise noted. to the available depth of water in the area concerned, require the use of such a route. Subpart A—General (g) Two-way route means a route within defined limits inside which two- § 167.1 Purpose. way traffic is established, aimed at The purpose of the regulations in this providing safe passage of ships through part is to establish and designate traf- waters where navigation is difficult or fic separation schemes and pre- dangerous. cautionary areas to provide access [CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR routes for vessels proceeding to and 15548, Apr. 19, 1984, as amended by CGD 90– from U.S. ports. 039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65 FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR 46605, July 31, 2000]

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§ 167.10 Operating rules. § 167.150 Off New York Traffic Separa- tion Scheme: General. The operator of a vessel in a TSS shall comply with Rule 10 of the Inter- The specific areas in the Off New national Regulations for Preventing York Traffic Separation Scheme and Collisions at Sea, 1972, as amended. Precautionary Areas are described in §§ 167.151, 167.152, 167.153, 167.154, and § 167.15 Modification of schemes. 167.155 of this chapter. (a) A traffic separation scheme or [CGD 84–004, 52 FR 33589, Sept. 4, 1987] precautionary area described in this Part may be permanently amended in § 167.151 Off New York: Precautionary accordance with 33 U.S.C. 1223 (92 Stat. areas. 1473), and with international agree- (a) A circular precautionary area ments. with a radius of seven miles is estab- (b) A traffic separation scheme or lished centered upon Ambrose Light in precautionary area in this Part may be geographical position 40°27.50′ temporarily adjusted by the Com- N,73°49.90′ W. mandant of the Coast Guard in an (b) A precautionary area is estab- emergency, or to accommodate oper- lished between the traffic separation ations which would create an undue scheme ‘‘Eastern Approach, off Nan- hazard for vessels using the scheme or tucket’’ and the traffic separation which would contravene Rule 10 of the scheme ‘‘In the Approach to Boston, Massachusetts.’’ (1) The precautionary International Regulations for Pre- area is bounded to the east by a circle venting Collisions at Sea, 1972. Adjust- of radius 15.5 miles, centered upon geo- ment may be in the form of a tem- graphical position 40°35.00′ N, 69°00.00′ porary traffic lane shift, a temporary W, and is intersected by the traffic sep- suspension of a section of the scheme, aration schemes ‘‘In the Approach to a temporary precautionary area over- Boston, Massachusetts’’ and ‘‘Off New laying a lane, or other appropriate York’’ at the following geographic po- measure. Adjustments will only be sitions: made where, in the judgment of the Coast Guard, there is no reasonable al- Latitude Longitude

ternative means of conducting an oper- 40°50.33′ N 68°57.00′ W ation and navigation safety will not be 40°23.75′ N 69°14.63′ W jeopardized by the adjustment. Notice of adjustments will be made in the ap- (2) The precautionary area is bounded propriate Notice to Mariners and in the to the west by a line connecting the FEDERAL REGISTER. Requests by mem- two traffic separation schemes between bers of the public for temporary adjust- the following geographical positions: ments to traffic separation schemes must be submitted 150 days prior to the Latitude Longitude time the adjustment is desired. Such 40°36.75′ N 68°15.16′ W Requests, describing the interference 40°48.00′ N 69°03.33′ W that would otherwise occur to a TSS, should be submitted to the District [CGD 84–004, 52 FR 33589, Sept. 4, 1987] Commander of the Coast Guard Dis- trict in which the TSS is located. § 167.152 Off New York: Eastern approach, off Nantucket. Subpart B—Description of Traffic (a) A separation zone is established Separation Schemes and Pre- bounded by a line connecting the following geographical positions: cautionary Areas Latitude Longitude ATLANTIC EAST COAST 40°28.75′ N 69°14.83′ W 40°27.62′ N 70°13.77′ W OURCE S : CGD 84–004, 52 FR 33589, Sept. 4, 40°30.62′ N 70°14.00′ W 1987, unless otherwise noted. 40°31.75′ N 69°14.97′ W

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(b) A traffic lane for westbound traf- Latitude Longitude fic is established between the separa- 40°03.10′ N 73°17.93′ W tion zone and a line connecting the fol- 40°06.50′ N 73°22.73′ W lowing geographical positions: 40°22.45′ N 73°43.55′ W 40°23.20′ N 73°42.70′ W Latitude Longitude 40°08.72′ N 73°20.10′ W 40°05.32′ N 73°15.28′ W 40°36.75′ N 69°15.17′ W ° ′ ° ′ 40 35.62 N 70 14.15 W (b) A traffic lane for north-westbound (c) A traffic lane for eastbound traf- traffic is established between the sepa- fic is established between the separa- ration zone and a line connecting the tion zone and a line connecting the fol- following geographical positions: lowing geographical positions: Latitude Longitude

Latitude Longitude 40°08.98′ N 73°10.87′ W 40°12.42′ N 73°15.67′ W 40°22.62′ N 70°13.60′ W 40°24.02′ N 73°41.97′ W 40°23.75′ N 69°14.63′ W (c) A traffic lane for south-eastbound [CGD 84–004, 52 FR 33589, Sept. 4, 1987] traffic is established between the separation zone and a line connecting the § 167.153 Off New York: Eastern ap- following geographical positions: proach, off Ambrose Light. (a) A separation zone is established Latitude Longitude bounded by a line connecting the fol- 40°21.82′ N 73°44.55′ W lowing geographical positions: 40°02.80′ N 73°27.15′ W 39°59.43′ N 73°22.35′ W Latitude Longitude

40°24.33′ N 73°04.97′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 40°24.20′ N 73°11.50′ W amended by CGD 97–023, 62 FR 33365, June 19, 40°26.00′ N 73°40.93′ W 1997] 40°27.00′ N 73°40.75′ W 40°27.20′ N 73°11.50′ W 40°27.33′ N 73°04.95′ W § 167.155 Off New York: Southern approach. (b) A traffic lane for westbound traf- (a) A separation zone is established fic is established between the separa- bounded by a line connecting the fol- tion zone and a line connecting the following geographical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 39°45.70′ N 73°48.00′ W ° ′ ° ′ 40°32.33′ N 73°04.95′ W 40 20.63 N 73 48.33 W ° ′ ° ′ 40°32.20′ N 73°11.50′ W 40 20.87 N 73 47.07 W ° ′ ° ′ 40°28.00′ N 73°40.73′ W 39 45.70 N 73 44.00 W

(c) A traffic lane for eastbound traf- (b) A traffic lane for northbound traffic is established between the separa- fic is established between the separation zone and a line connecting the fol- tion zone and a line connecting the following geographical positions: lowing geographical positions:

Latitude Longitude Latitude Longitude ° ′ ° ′ 40°25.05′ N 73°41.32′ W 39 45.70 N 73 37.70 W ° ′ ° ′ 40°19.20′ N 73°11.50′ W 40 21.25 N 73 45.85 W 40°19.33′ N 73°04.97′ W (c) A traffic lane for southbound traf- [CGD 84–004, 52 FR 33589, Sept. 4, 1987] fic is established between the separation zone and a line connecting the fol- § 167.154 Off New York: South-eastern lowing geographical positions: approach. Latitude Longitude (a) A separation zone is established bounded by a line connecting the fol- 40°20.53′ N 73°49.65′ W ° ′ ° ′ lowing geographical positions: 39 45.70 N 73 54.40 W

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NOTE: Use of LORAN C enables masters of Latitude Longitude appropriately equipped vessels to be informed highly accurately and continuously 38°27.00′ N 74°42.30′ W about the vessel’s position in the area cov- 38°43.40′ N 74°58.00′ W ered by this scheme. 38°44.20′ N 74°57.20′ W 38°27.60′ N 74°41.30′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987] (b) A traffic lane for north-westbound § 167.170 Off Delaware Bay Approach traffic is established between separa- Traffic Separation Scheme: Gen- tion zone and a line connecting the fol- eral. lowing geographic positions: The Off Delaware Bay Approach Traf- fic Separation Scheme consists of four Latitude Longitude parts: an Eastern Approach, a South- 38°28.80′ N 74°39.30′ W eastern Approach, a Two-Way Traffic 38°45.10′ N 74°56.60′ W Route, and a Precautionary Area. The specific areas in the Off Delaware Bay (c) A traffic lane for south-eastbound Approach Traffic Separation Scheme traffic is established between the sepa- and Precautionary Area are described ration zone and a line connecting the in §§ 167.171 through 167.174. following geographic positions:

[CGD 97–004, 65 FR 12945, Mar. 10, 2000] Latitude Longitude

38°42.80′ N 74°58.90′ W § 167.171 Off Delaware Bay: Eastern ° ′ ° ′ approach. 38 27.00 N 74 45.40 W (a) A separation zone is established [CGD 97–004, 65 FR 12945, Mar. 10, 2000] bounded by a line connecting the following geographic positions: § 167.173 Off Delaware Bay: Two-Way Traffic Route. Latitude Longitude The Two-Way Traffic Route is rec- 38°46.30′ N 74°34.45′ W ommended for use predominantly by ° ′ ° ′ 38 46.33 N 74 55.75 W tug and tow traffic transiting to and 38°47.45′ N 74°55.40′ W 38°47.35′ N 74°34.50′ W from the northeast in order to separate such traffic from large, inbound vessel (b) A traffic lane for westbound traf- traffic. fic is established between the separa- (a) The Two-Way Traffic Route is tion zone and a line connecting the fol- bounded on the west and south by a lowing geographic positions: line connecting the following geographic positions: Latitude Longitude Latitude Longitude 38°48.32′ N 74°55.30′ W 38°49.80′ N 74°34.60′ W 38°50.75′ N 75°03.40′ W 38°47.50′ N 75°01.80′ W 38°48.32′ N 74°55.30′ W (c) A traffic lane for eastbound traf- 38°50.20′ N 74°49.73′ W fic is established between the separa- 39°00.00′ N 74°40.23′ W tion zone and a line connecting the following geographic positions: (b) The two-way traffic route is bounded on the east and north by a line Latitude Longitude connecting the following geographic 38°45.45′ N 74°56.20′ W positions: 38°44.45′ N 74°34.35′ W Latitude Longitude

[CGD 97–004, 65 FR 12945, Mar. 10, 2000] 39°00.00′ N 74°41.00′ W 38°50.48′ N 74°50.30′ W 38°48.80′ N 74°55.25′ W § 167.172 Off Delaware Bay: South- 38°48.33′ N 74°59.30′ W eastern approach. 38°49.10′ N 75°01.65′ W (a) A separation zone is established 38°51.27′ N 75°02.83′ W bounded by a line connecting the following geographic positions: [CGD 97–004, 65 FR 12945, Mar. 10, 2000]

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§ 167.174 Off Delaware Bay: Pre- § 167.202 In the approaches to Chesa- cautionary area. peake Bay: Eastern approach. A precautionary area is established (a) A separation line is established as follows: from 38°42.80′ N, 74°58.90′ W; connecting the following geographic then northerly by an arc of eight nau- positions: tical miles centered at 38°48.90′ N, 75°05.60′ W to 38°48.32′ N, 74°55.30′ W; Latitude Longitude then westerly to 38°47.50′ N, 75°01.80′ W; 36°58.66′ N 75°48.63′ W then northerly to 38°50.75′ N, 75°03.40′ 36°56.79′ N 75°55.08′ W W; then northeasterly to 38°51.27′ N, 75°02.83′ W; then northerly to 38°54.80′ (b) An inbound traffic lane is estab- N, 75°01.60′ W; then westerly by an arc lished between the separation line and of 6.7 nautical miles centered at a line connecting the following geo- 38°48.90′ N, 75°05.60′ W to 38°55.53′ N, graphical positions: 75°05.87′ W; then southwesterly to 38°54.00′ N, 75°08.00′ W; then southerly Latitude Longitude to 38°46.60′ N, 75°03.55′ W; then south- 36°59.14′ N 75°48.88′ W easterly to 38°42.80′ N, 74°58.90′ W. 36°57.24′ N 75°55.34′ W Datum: NAD 83. (c) An outbound traffic lane is estab- [CGD 97–004, 65 FR 12946, Mar. 10, 2000] lished between the separation line and § 167.200 In the approaches to Chesa- a line connecting the following geo- peake Bay Traffic Separation graphical positions: Scheme: General. Latitude Longitude (a) The traffic separation scheme in the approaches to Chesapeake Bay con- 36°56.29′ N 75°54.93′ W 36°58.18′ N 75°48.48′ W sists of three parts: a Precautionary Area, an Eastern Approach, and a Southern Approach. The Southern Ap- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] proach consists of inbound and out- § 167.203 In the approaches to Chesa- bound lanes for vessels drawing 13.5 peake Bay: Southern approach. meters (45 feet) of fresh water or less, separated by a deep-water (DW) route (a) An inbound traffic lane is estab- for inbound and outbound vessels with lished between separation lines run- drafts exceeding 13.5 meters (45 feet) in ning through the following geo- fresh water and for naval aircraft car- graphical positions: riers. Each part is defined geographi- Latitude Longitude cally, using North American Datum 1983 (NAD 83), in §§ 167.201, 167.202, 36°50.33′ N 75°46.29′ W ° ′ ° ′ 167.203. 36 52.90 N 75 51.52 W 36°55.96′ N 75°54.97′ W (b) All vessels approaching the Traf- 36°55.11′ N 75°55.23′ W fic Separation Scheme in the Ap- 36°52.35′ N 75°52.12′ W proaches to Chesapeake Bay should use 36°49.70′ N 75°46.80′ W the appropriate inbound or outbound traffic lane. (b) An outbound traffic lane is established between separation lines run- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] ning through the following geographical positions: § 167.201 In the approaches to Chesa- peake Bay: Precautionary area. Latitude Longitude

A precautionary area is established 36°49.52′ N 75°46.94′ W bounded by a circle with a two-mile ra- 36°52.18′ N 75°52.29′ W dius, centered on the following geo- 36°54.97′ N 75°55.43′ W graphic position: 36°54.44′ N 75°56.09′ W 36°51.59′ N 75°52.92′ W 36°48.87′ N 75°47.42′ W Latitude Longitude

36°56.14′ N 75°57.43′ W (c) A deep-water route is established between lines running through the fol- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] lowing geographical positions:

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Latitude Longitude Latitude Longitude

36°55.11′ N 75°55.23′ W (7) 29°09.55′ N 94°25.80′ W 36°52.35′ N 75°52.12′ W (8) 29°09.41′ N 94°25.95′ W 36°49.70′ N 75°46.80′ W (9) 29°17.00′ N 94°36.00′ W 36°49.52′ N 75°46.94′ W 36°52.18′ N 75°52.29′ W 36°54.97′ N 75°55.43′ W (c) A traffic lane for inbound (northwesterly heading) traffic is established (d) The following vessels should use between the separation zone and a line the deep-water route established in connecting the following geographical paragraph (c) of this section when positions: bound for Chesapeake Bay from sea or to sea from Chesapeake Bay: Latitude Longitude (1) Deep draft vessels (drafts greater (3) 29°18.00′ N 94°34.90′ W than 13.5 meters/45 feet in fresh water). (10) 29°11.20′ N 94°24.00′ W (2) Naval aircraft carriers. (e) It is recommended that a vessel (d) A traffic lane for outbound using the deep-water route established (southeasterly heading) traffic is estab- in paragraph (c) of this section— lished between the separation zone and (1) Announce its intention on VHF- line connecting the following geo- FM Channel 16 as it approaches Chesa- graphical positions: peake Bay Southern Approach Lighted Latitude Longitude Whistle Buoy CB on the south end, or Chesapeake Bay Junction Lighted (2) 29°16.10′ N 94°37.00′ W Buoy CBJ on the north end of the (11) 29°07.70′ N 94°27.80′ W route; (2) Avoid, as far as practicable, over- (e) An offshore precautionary area taking other vessels operating in the bounded by a line connecting the fol- deep-water route; and lowing geographical positions: (3) Keep as near to the outer limit of Latitude Longitude the route which lies on the vessel’s starboard side as is safe and prac- (11) 29°07.70′ N 94°27.80′ W (12) 29°06.40′ N 94°26.20′ W ticable. (13) 29°06.40′ N 94°23.90′ W (f) Vessels other than those listed in (14) 29°09.10′ N 94°20.60′ W paragraph (d) of this section should not (10) 29°11.20′ N 94°24.00′ W use the deep-water route. NOTE: A pilot boarding area is located near [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as the center of the inshore precautionary area. amended by 59 FR 28449, June 1, 1994] Due to heavy vessel traffic, mariners are advised not to anchor or linger in this pre- ATLANTIC GULF COAST cautionary area except to pick up or disembark a pilot. § 167.350 In the approaches to Gal- veston Bay Traffic Separation [CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redes- Scheme and precautionary areas. ignated by CGD 84–004, 52 FR 33589, Sept. 4, 1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54 (a) An inshore precautionary area FR 51972, Dec. 19, 1989] bounded by a line connecting the following geographical positions: PACIFIC WEST COAST

Latitude Longitude SOURCE: USCG–1999–5700, 65 FR 46605, July (1) 29°18.10′ N 94°39.20′ W 31, 2000, unless otherwise noted. (2) 29°16.10′ N 94°37.00′ W (3) 29°18.00′ N 94°34.90′ W § 167.400 Off San Francisco Traffic (4) 29°19.40′ N 94°37.10′ W Separation Scheme: General. (5) 29°19.80′ N 94°38.10′ W The Off San Francisco Traffic Sepa- (b) A traffic separation zone bounded ration Scheme consists of six parts: a by a line connecting the following geo- Precautionary Area, a Northern Ap- graphical positions: proach, a Southern Approach, a West- ern Approach, a Main Ship Channel, Latitude Longitude and an Area To Be Avoided. The spe- (6) 29°17.13′ N 94°35.86′ W cific areas in the Off San Francisco

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TSS and Precautionary Area are de- ration zone and a line connecting the scribed in §§ 167.401 through 167.406 of following geographical positions: this chapter. The geographic coordinates in §§ 167.401 through 167.406 are Latitude Longitude defined using North American Datum 37°53.90′ N 123°06.10′ W. 1983 (NAD 83). 37°46.70′ N 122°48.70′ W. § 167.401 Off San Francisco: Pre- cautionary area. § 167.403 Off San Francisco: Southern approach. (a)(1) A precautionary area is established bounded to the west by an arc of (a) A separation zone is bounded by a a circle with a radius of 6 miles cen- line connecting the following geo- tering upon geographical position graphical positions: 37°45.00′ N, 122°41.50′ W and connecting Latitude Longitude the following geographical positions: 37°39.10′ N 122°40.40′ W. Latitude Longitude 37°27.00′ N 122°40.40′ W. 37°27.00′ N 122°43.00′ W. 37°42.70′ N 122°34.60′ W. 37°39.10′ N 122°43.00′ W. 37°50.30′ N 122°38.00′ W.

(2) The precautionary area is bounded (b) A traffic lane for northbound traf- to the east by a line connecting the fol- fic is established between the separa- lowing geographic positions: tion zone and a line connecting the following geographical positions: Latitude Longitude Latitude Longitude 37°42.70′ N 122°34.60′ W. 37°45.90′ N 122°38.00′ W. 37°39.30′ N 122°39.20′ W. 37°50.30′ N 122°38.00′ W 37°27.00′ N 122°39.20′ W.

(b) A pilot boarding area is located (c) A traffic lane for southbound traf- near the center of the precautionary fic is established between the separa- area described in paragraph (a) of this tion zone and a line connecting the fol- section. Due to heavy vessel traffic, lowing geographical positions: mariners are advised not to anchor or linger in this precautionary area ex- Latitude Longitude cept to pick up or disembark a pilot. 37°27.00′ N 122°44.30′ W. 37°39.40′ N 122°44.30′ W. § 167.402 Off San Francisco: Northern approach. (a) A separation zone is bounded by a § 167.404 Off San Francisco: Western approach. line connecting the following geographical positions: (a) A separation zone is bounded by a line connecting the following geo- Latitude Longitude graphical positions: 37°48.40′ N 122°47.60′ W Latitude Longitude 37°56.70′ N 123°03.70′ W 37°55.20′ N 123°04.90′ W 37°41.90′ N 122°48.00′ W. 37°47.70′ N 122°48.20′ W 37°38.10′ N 122°58.10′ W. 37°36.50′ N 122°57.30′ W. (b) A traffic lane for north-westbound 37°41.10′ N 122°47.20′ W. traffic is established between the separation zone and a line connecting the (b) A traffic lane for south-westbound following geographical positions: traffic is established between the separation zone and a line connecting the Latitude Longitude following geographical positions: 37°49.20′ N 122°46.70′ W. 37°58.00′ N 123°02.70′ W. Latitude Longitude

37°42.80′ N 122°48.50′ W. (c) A traffic lane for south-eastbound ° ′ ° ′ traffic is established between the sepa- 37 39.60 N 122 58.80 W.

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(c) A traffic lane for north-eastbound § 167.451 In the Santa Barbara Chan- traffic is established between the sepa- nel: Between Point Vicente and ration zone and a line connecting the Point Conception. following geographical positions: (a) A separation zone is bounded by a line connecting the following geo- Latitude Longitude graphical positions: 37°35.00′ N 122°56.50′ W. Latitude Longitude 37°40.40′ N 122°46.30′ W. 34°20.90′ N 120°30.16′ W 34°04.00′ N 119°15.96′ W. § 167.405 Off San Francisco: Main ship 33°44.90′ N 118°35.75′ W. channel. 33°43.20′ N 118°36.95′ W. ° ′ ° ′ (a) A separation line connects the fol- 34 02.20 N 119 17.46 W. 34°18.90′ N 120°30.96′ W. lowing geographical positions: (b) A traffic lane for north-westbound Latitude Longitude traffic is established between the sepa- 37°45.90′ N 122°38.00′ W. ration zone and a line connecting the 37°47.00′ N 122°34.30′ W. following geographical positions: 37°48.10′ N 122°31.00′ W. Latitude Longitude (b) A traffic lane for eastbound traf- 34°21.80′ N 120°29.96′ W. fic is established between the separa- 34°04.80′ N 119°15.16′ W. tion line and a line connecting the fol- 33°45.80′ N 118°35.15′ W. lowing geographical positions: (c) A traffic lane for south-eastbound Latitude Longitude traffic is established between the separation zone and a line connecting the 37°45.80′ N 122°37.70′ W. 37°47.80′ N 122°30.80′ W. following geographical positions: Latitude Longitude (c) A traffic lane for westbound traffic is established between the separa- 33°42.30′ N 118°37.55′ W. 34°01.40′ N 119°18.26′ W. tion line and a line connecting the fol- 34°18.00′ N 120°31.16′ W. lowing geographical positions:

Latitude Longitude § 167.452 In the Santa Barbara Chan- nel: Between Point Conception and 37°46.20′ N 122°37.90′ W. Point Arguello. ° ′ ° ′ 37 46.90 N 122 35.30 W. (a) A separation zone is bounded by a 37°48.50′ N 122°31.30′ W. line connecting the following geographical positions: § 167.406 Off San Francisco: Area to be avoided. Latitude Longitude

A circular area to be avoided, with a 34°20.90′ N 120°30.16′ W. radius of half of a nautical mile, is cen- 34°18.90′ N 120°30.96′ W. 34°25.70′ N 120°51.81′ W. tered upon geographic position: 34°23.75′ N 120°52.51′ W.

Latitude Longitude (b) A traffic lane for westbound traf- 37°45.00′ N 122°41.50′ W. fic is established between the separation zone and a line connecting the fol- § 167.450 In the Santa Barbara Chan- lowing geographical positions: nel Traffic Separation Scheme: Gen- Latitude Longitude eral. 34°21.80′ N 120°29.96′ W. The Traffic Separation Scheme in 34°26.60′ N 120°51.51′ W. the Santa Barbara Channel is described in §§ 167.451 and 167.452. The geographic (c) A traffic lane for eastbound traf- coordinates in §§ 167.451 and 167.452 are fic is established between the separa- defined using North American Datum tion zone and a line connecting the fol- 1983 (NAD 83). lowing geographical positions:

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Latitude Longitude (b) A traffic lane for northbound coastwise traffic is established between ° ′ ° ′ 34 18.00 N 120 31.16 W. the separation zone and a line con- 34°22.80′ N 120°52.76′ W. necting the following geographical positions: § 167.500 In the approaches to Los An- geles-Long Beach Traffic Separa- Latitude Longitude tion Scheme: General. 33°38.70′ N 118°17.60′ W. The Traffic Separation Scheme in 33°38.70′ N 118°20.60′ W. the approaches to Los Angeles-Long 33°45.80′ N 118°35.10′ W. Beach consists of three parts: a Pre- cautionary Area, a Western Approach, (c) A traffic lane for southbound and a Southern Approach. The specific coastwise traffic is established between areas in the approaches to Los Angeles- the separation zone and a line con- Long Beach are described in §§ 167.501 necting the following geographical po- through 167.503. The geographic coordi- sitions: nates in §§ 167.501 through 167.503 are Latitude Longitude defined using North American Datum 1983 (NAD 83). 33°35.50′ N 118°17.60′ W. 33°35.50′ N 118°23.43′ W. ° ′ ° ′ [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33 42.30 N 118 37.50 W.

§ 167.501 In the approaches to Los An- [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] geles/Long Beach: Precautionary area. § 167.503 In the approaches to Los An- (a) The precautionary area consists geles-Long Beach TSS: Southern approach. of the water area enclosed by the Los Angeles-Long Beach breakwater and a (a) A separation zone is established line connecting Point Fermin Light at bounded by a line connecting the fol- 33°42.30′ N, 118°17.60′ W, with the following geographic positions: lowing geographical positions: Latitude Longitude

Latitude Longitude 33°35.50′ N 118°10.30′ W. 33°35.50′ N 118°12.75′ W. 33°35.50′ N 118°17.60′ W. 33°19.70′ N 118°03.50′ W. 33°35.50′ N 118°09.00′ W. 33°19.00′ N 118°05.60′ W. 33°37.70′ N 118°06.50′ W. 33°43.40′ N 118°10.80′ W. (b) A traffic lane for northbound traffic is established between the separa- (b) Pilot boarding areas are located tion zone and a line connecting the fol- within the precautionary area de- lowing geographical positions: scribed in paragraph (a) of this section. Specific regulations pertaining to ves- Latitude Longitude sels operating in these areas are con- 33°35.50′ N 118°09.00′ W. tained in 33 CFR 165.1109(d). 33°20.00′ N 118°02.30′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] (c) A traffic lane for southbound traf- § 167.502 In the approaches to Los An- fic is established between the separa- geles-Long Beach: Western ap- tion zone and a line connecting the fol- proach. lowing geographical positions:

(a) A separation zone is bounded by a Latitude Longitude line connecting the following geographical positions: 33°35.50′ N 118°14.00′ W. 33°18.70′ N 118°06.75′ W. Latitude Longitude [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33°37.70′ N 118°17.60′ W. 33°36.50′ N 118°17.60′ W. 33°36.50′ N 118°23.10′ W. § 167.1700 In Prince William Sound: 33°43.20′ N 118°36.90′ W. General. 33°44.90′ N 118°35.70′ W. The Prince William Sound Traffic 33°37.70′ N 118°20.90′ W. Separation Scheme consists of four

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parts: Prince William Sound Traffic line connecting the following geo- Separation Scheme, Valdez Arm Traf- graphical positions: fic Separation Scheme, and two precautionary areas. These parts are de- Latitude Longitude scribed in §§ 167.1701 through 167.1703. 60°20.59′ N 146°48.18′ W The geographic coordinates in 60°49.49′ N 146°58.19′ W §§ 167.1701 through 167.1703 are defined using North American Datum 1983 (c) A traffic lane for southbound traf- (NAD 83). fic between the separation zone and a line connecting the following geo- [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] graphical positions:

§ 167.1701 In Prince William Sound: Latitude Longitude Precautionary areas. 60°49.10′ N 147°04.19′ W (a) Cape Hinchinbrook. A pre- 60°20.60′ N 146°54.31′ W cautionary area is established and is bounded by a line connecting the fol- [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] lowing geographical positions: § 167.1703 In Prince William Sound: Latitude Longitude Valdez Arm Traffic Separation 60°20.59′ N 146°48.18′ W Scheme. 60°12.67′ N 146°40.43′ W The Valdez Arm Traffic Separation 60°11.01′ N 146°28.65′ W 60°05.47′ N 146°00.01′ W Scheme consists of the following: 60°00.81′ N 146°03.53′ W (a) A separation zone bounded by a 60°05.44′ N 146°27.58′ W line connecting the following geo- ° ′ ° ′ 59 51.80 N 146 37.51 W graphical positions: 59°53.52′ N 146°46.84′ W 60°07.76′ N 146°36.24′ W 60°11.51′ N 146°46.64′ W Latitude Longitude 60°20.60′ N 146°54.31′ W 60°51.08′ N 147°00.33′ W 60°58.60′ N 146°48.10′ W (b) Bligh Reef. A precautionary area 60°58.30′ N 146°47.10′ W is established of radius 1.5 miles cen- 60°50.45′ N 146°58.75′ W tered at geographical position 60°49.63′ N, 147°01.33′ W. (b) A traffic lane for northbound traf- (c) Pilot boarding area. A pilot board- fic between the separation zone and a ing area located near the center of the line connecting the following geo- Bligh Reef precautionary area is estab- graphical positions: lished. Regulations for vessels oper- Latitude Longitude ating in these areas are in § 165.1109(d) of this chapter. 60°49.39′ N 146°58.19′ W 60°58.04′ N 146°46.52′ W [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] (c) A traffic lane for southbound traf- § 167.1702 In Prince William Sound: fic between the separation zone and a Prince William Sound Traffic Sepa- line connecting the following geo- ration Scheme. graphical positions: The Prince William Sound Traffic Separation Scheme consists of the fol- Latitude Longitude lowing: 60°58.93′ N 146°48.86′ W (a) A separation zone bounded by a 60°50.61′ N 147°03.60′ W line connecting the following geographical positions: [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

Latitude Longitude PART 168—ESCORT REQUIREMENTS 60°20.77′ N 146°52.31′ W 60°48.12′ N 147°01.78′ W FOR CERTAIN TANKERS 60°48.29′ N 146°59.77′ W 60°20.93′ N 146°50.32′ W Sec. 168.01 Purpose. (b) A traffic lane for northbound traf- 168.05 Definitions. fic between the separation zone and a 168.10 Responsibilities.

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168.20 Applicable vessels. Laden means transporting in bulk 168.30 Applicable cargoes. any quantity of applicable cargo, ex- 168.40 Applicable waters and number of es- cept for clingage and residue in other- cort vessels. wise empty cargo tanks. 168.50 Performance and operational requirements. Single hull tanker means any self-pro- 168.60 Pre-escort conference. pelled tank vessel that is not constructed with both double bottom and AUTHORITY: Section 4116(c), Pub. L. 101–380, 104 Stat. 520 (46 U.S.C. 3703 note); Depart- double sides in accordance with the ment of Homeland Security Delegation No. provisions of 33 CFR 157.10d. 170.1, para. 2(82). Tanker master means the licensed onboard person in charge of the tanker. SOURCE: CGD 91–202, 59 FR 42968, Aug. 19, 1994, unless otherwise noted. Tanker owner or operator means the owner or shoreside organization (indi- § 168.01 Purpose. vidual, corporation, partnership, or as- (a) This part prescribes regulations sociation), including a demise in accordance with section 4116(c) of charterer, responsible for the overall the Oil Pollution Act of 1990 (OPA 90) management and operation of the (Pub. L. 101–380). The regulations will tanker. reduce the risk of oil spills from laden, single hull tankers over 5,000 GT by re- § 168.10 Responsibilities. quiring that these tankers be escorted (a) The tanker owner or operator by at least two suitable escort vessels. shall: The escort vessels will be immediately (1) select escort vessels that can meet available to influence the tankers’ the performance requirements of this speed and course in the event of a part; and steering or propulsion equipment fail- (2) inform the tanker master of the ure, thereby reducing the possibility of performance capabilities of the se- groundings or collisions. lected escort vessels. This information (b) The regulations in this part estab- must be provided to the master before lish minimum escort vessel require- beginning the escort transit. ments. Nothing in these regulations (b) The tanker master shall operate should be construed as relieving the the tanker within the performance ca- master of a tanker from the duty to op- pabilities of the escort vessels, taking erate the vessel in a safe and prudent into account speed, sea and weather manner, taking into account the navi- conditions, navigational consider- gational constraints of the waterways ations, and other factors that may to be traversed, other vessel traffic, change or arise during the escort tran- and anticipated weather, tide, and sea sit. conditions, which may require reduced (c) In an emergency, the tanker mas- speeds, greater assistance from escort ter may deviate from the requirements vessels, or other operational pre- of this part to the extent necessary to cautions. avoid endangering persons, property, or § 168.05 Definitions. the environment, but shall immediately report the deviation to the cog- As used in this part— nizant Coast Guard Captain of the Port Disabled tanker means a tanker expe- (COTP). riencing a loss of propulsion or steering control. § 168.20 Applicable vessels. Escort transit means that portion of the tanker’s voyage through waters The requirements of this part apply where escort vessels are required. to laden, single hull tankers of 5,000 Escort vessel means any vessel that is gross tons or more. assigned and dedicated to a tanker during the escort transit, and that is § 168.30 Applicable cargoes. fendered and outfitted with towing The requirements of this part apply gear as appropriate for its role in an to any petroleum oil listed in 46 CFR emergency response to a disabled tank- Table 30.25–1 as a pollution category I er. cargo.

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§ 168.40 Applicable waters and number hazards, and other factors that may re- of escort vessels. duce the available sea room. The requirements of this part apply (b) The escort vessels, acting singly to the following waters: or jointly in any combination as need- (a) Prince William Sound: Each tanker ed, and considering their applied force to which this part applies must be es- vectors on the tanker’s hull, must be corted by at least two escort vessels in capable of— those navigable waters of the United (1) Towing the tanker at 4 knots in States within Prince William Sound, calm conditions, and holding it in Alaska, and the adjoining tributaries, steady position against a 45-knot bays, harbors, and ports, including the headwind; navigable waters of the United States (2) [Reserved] within a line drawn from Cape (3) Holding the tanker on a steady Hinchinbrook Light, to Seal Rocks course against a 35-degree locked rud- Light, to a point on Montague Island der at a speed of 6 knots; and at 60°14.6′ North, 146°59′ West, and the (4) Turning the tanker 90 degrees, as- waters of Montague Strait east of a suming a free-swinging rudder and a line between Cape Puget and Cape speed of 6 knots, within the same dis- Cleare. tance (advance and transfer) that it (b) Puget Sound and certain associated could turn itself with a hard-over rud- waters: Each tanker to which this part der. applies must be escorted by at least two escort vessels in those navigable [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as amended at 70 FR 55730, Sept. 23, 2005] waters of the United States and Wash- ington State east of a line connecting § 168.60 Pre-escort conference. New Dungeness Light with Discovery Island Light and all points in the (a) Before commencing an escort Puget Sound area north and south of transit, the tanker master shall confer, these lights. This area includes all the by radio or in person, with the tanker navigable waters of the United States pilot and the masters of the escort ves- within Haro Strait, Rosario Strait, the sels regarding the escort operation. Strait of Georgia, Puget Sound, and (b) The purpose of the pre-escort con- Hood Canal, as well as those portions ference is for all parties to plan and of the Strait of Juan de Fuca east of discuss particulars of the escort tran- the New Dungeness-Discovery Island sit. line. (c) At a minimum, the following top- ics must be addressed during the pre- § 168.50 Performance and operational escort conference: requirements. (1) The destination, route, planned (a) Except as provided in paragraph speed, other vessel traffic, anticipated (c) of § 168.10, at all times during the es- weather, tide, and sea conditions, and cort transit each tanker to which this other navigational considerations; part applies: (2) The type and operational status of (1) Must be accompanied by escort communication, towing, steering, and vessels that meet the performance re- propulsion equipment on the tanker quirements of paragraph (b) of this sec- and escort vessels; tion (but not less than the number of (3) The relative positioning and reac- escorts required by § 168.40). tion time for the escort vessels to move (2) Must have the escort vessels posi- into assist positions, including, if ap- tioned relative to the tanker such that propriate, pre-tethering the escort ves- timely response to a propulsion or sels at crucial points along the route; steering failure can be effected. (4) The preparations required on the (3) Must not exceed a speed beyond tanker and escort vessels, and the which the escort vessels can reasonably methods employed in making an emer- be expected to safely bring the tanker gency towline connection, including under control within the navigational stationing of deck crews, preparation limits of the waterway, taking into of messenger lines, bridles, and other consideration ambient sea and weather towing gear, and energizing appro- conditions, surrounding vessel traffic, priate deck equipment;

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(5) The manner in which an emer- 169.235 What exemptions are there from re- gency towline connection would be porting? made (which escort vessel will respond, 169.240 When may LRIT equipment be how messengers and towlines will be switched off? 169.245 What must a ship master do if LRIT passed, etc.); equipment is switched off or fails to op- (6) Other relevant information pro- erate? vided by the tanker master, pilot or escort vessel masters. AUTHORITY: 33 U.S.C. 1230(d), 1231; 46 U.S.C. 70115, Department of Homeland Security Del- egation No. 0170.1. PART 169—SHIP REPORTING SOURCE: USCG–1999–5525, 64 FR 29234, June SYSTEMS 1, 1999, unless otherwise noted.

Subpart A—General Subpart A—General Sec. 169.1 What is the purpose of this part? § 169.1 What is the purpose of this 169.5 How are terms used in this part depart? fined? This subpart prescribes the require- 169.10 What geographic coordinates are ments for mandatory ship reporting used? 169.15 Incorporation by reference: Where systems. Ship reporting systems are can I get a copy of the publications men- used to provide, gather, or exchange in- tioned in this part? formation through radio reports. The information is used to provide data for Subpart B—Establishment of Two Manda- many purposes including, but not lim- tory Ship Reporting Systems for the ited to: navigation safety, maritime se- Protection of Northern Right Whales curity and domain awareness, environmental protection, vessel traffic serv- 169.100 What mandatory ship reporting systems are established by this subpart? ices, search and rescue, weather fore- 169.102 Who is the shore-based authority? casting and prevention of marine pollu- 169.105 Where is the northeastern reporting tion. system located? [USCG–1999–5525, 64 FR 29234, June 1, 1999, as 169.110 When is the northeastern reporting amended by USCG–2005–22612, 73 FR 23318, system in effect? Apr. 29, 2008] 169.115 Where is the southeastern reporting system located? 169.120 When is the southeastern reporting § 169.5 How are terms used in this part system in effect? defined? 169.125 What classes of ships are required to As used in this part— make reports? Administration means the Govern- 169.130 When are ships required to make re- ment of the State whose flag the ship ports? is entitled to fly. 169.135 How must the reports be made? 169.140 What information must be included Cargo ship means any ship which is in the report? not a passenger ship. Flag Administration means the Gov- Subpart C—Transmission of Long Range ernment of a State whose flag the ship Identification and Tracking Information is entitled to fly. Gross tonnage means tonnage as de- 169.200 What is the purpose of this subpart? fined under the International Conven- 169.205 What types of ships are required to transmit LRIT information (position re- tion on Tonnage Measurement of ports)? Ships, 1969 (Incorporated by reference, 169.210 Where during its international voy- see § 169.15). age must a ship transmit position re- Gross tons means vessel tonnage ports? measured in accordance with the meth- 169.215 How must a ship transmit position od utilized by the flag state adminis- reports? tration of that vessel. 169.220 When must a ship be fitted with High speed craft means a craft that is LRIT equipment? 169.225 Which Application Service Providers operable on or above the water and is may a ship use? capable of a maximum speed equal to 169.230 How often must a ship transmit posi- or exceeding V=3.7×displ .1667, where tion reports? ‘‘V’’ is the maximum speed and ‘‘displ’’

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is the vessel displacement cor- that will receive the reports made by responding to the design waterline in ships entering each of the mandatory cubic meters. ship reporting systems. The office or High speed passenger craft means a offices will be responsible for the man- high speed craft carrying more than 12 agement and coordination of the sys- passengers. tem, interaction with participating International voyage means a voyage ships, and the safe and effective oper- from a country to which the present ation of the system. Such an authority International Convention for the Safe- may or may not be an authority in ty of Life at Sea (SOLAS), 1974 applies charge of a vessel traffic service. to a port outside such country, or con- United States means the States of the versely. For U.S. ships, such voyages United States, the District of Colum- will be considered to originate at a bia, Guam, Puerto Rico, the Virgin Is- port in the United States, regardless of lands, American Samoa, the Northern when the voyage actually began. Such Mariana Islands, and any other terri- voyages for U.S. ships will continue tory or possession of the United States. until the ship returns to the United States from its last foreign port. [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as Long range identification and tracking amended by USCG–2005–22612, 73 FR 23318, (LRIT) information or position report Apr. 29, 2008] means a report containing the fol- § 169.10 What geographic coordinates lowing information: are used? (1) The identity of the ship; (2) The position of the ship (latitude Geographic coordinates expressed in and longitude); and terms of latitude or longitude, or both, (3) The date and time of the position are not intended for plotting on maps provided. or charts where the referenced hori- LRIT Data Center means a center es- zontal datum is the North American tablished by a SOLAS Contracting Datum of 1983 (NAD 83), unless such ge- Government or a group of Contracting ographic coordinates are expressly la- Governments, or in the case of the beled NAD 83. Geographic coordinates International Data Center, by IMO, to without the NAD 83 reference may be request, receive, process, and archive plotted on maps or charts referenced to LRIT information. An LRIT Data Cen- NAD 83 only after application of the ter may be National, Regional, Co-op- appropriate corrections that are pub- erative or International. lished on the particular map or chart Mandatory ship reporting system being used. means a ship reporting system that requires the participation of specified § 169.15 Incorporation by reference: vessels or classes of vessels, and that is Where can I get a copy of the publi- established by a government or govern- cations mentioned in this part? ments after adoption of a proposed sys- (a) Certain material is incorporated tem by the International Maritime Or- by reference into this part with the ap- ganization (IMO) as complying with all proval of the Director of the Federal requirements of regulation V/8–1 of the Register under 5 U.S.C. 552(a) and 1 International Convention for the Safe- CFR part 51. To enforce any edition ty of Life at Sea, 1974, as amended other than that specified in this sec- (SOLAS), except paragraph (e) thereof. tion, the Coast Guard must publish no- Mobile offshore drilling unit means a tice of change in the FEDERAL REG- self-propelled vessel capable of engag- ISTER and the material must be avail- ing in drilling operations for the explo- able to the public. All approved mate- ration or exploitation of subsea re- rial is available for inspection at the sources. National Archives and Records Admin- Passenger ship means a ship that car- istration (NARA). For information on ries more than 12 passengers. the availability of this material at Self-propelled ships means ships pro- NARA, call 202–741–6030 or go to http:// pelled by mechanical means. www.archives.gov/federallregister/ Shore-based authority means the gov- codeloflfederallregulations/ ernment appointed office or offices ibrllocations.html. Also, it is available

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for inspection at the Coast Guard, Of- Subpart B—Establishment of Two fice of Navigation Systems (CG–54132), Mandatory Ship Reporting 2100 Second Street, SW., Washington, Systems for the Protection of DC 20593–0001, and is available from the sources indicated in this section. Northern Right Whales (b) International Electrotechnical Com- § 169.100 What mandatory ship report- mission (IEC) Bureau Central de la Com- ing systems are established by this mission Electrotechnique Internationale, 3 subpart? rue de Varembe´, P.O. Box 131, 1211 Ge- This subpart prescribes requirements neva 20, Switzerland. for the establishment and maintenance (1) IEC 60945, Fourth edition 2002–08, of two mandatory ship reporting sys- Maritime navigation and tems for the protection of the endan- radiocommunication equipment and gered northern right whale (also known systems—General requirements—Meth- as the North Atlantic right whale). ods of testing and required test results, These two systems are designated for incorporation by reference approved certain areas of the East Coast of the for § 169.215. United States. One system is located in (2) [Reserved] the northeast and is identified as (c) International Maritime Organization WHALESNORTH. The other system is (IMO), 4 Albert Embankment, London located in the southeast and is identi- SE1 7SR, U.K. fied as WHALESSOUTH. (1) IMO Resolution MSC.202(81), adopted on May 19, 2006, Adoption of NOTE TO § 169.100: 50 CFR 224.103(c) contains Amendments to the International Con- requirements and procedures concerning northern right whale approach limitations vention for the Safety of Life at Sea, and avoidance procedures. 1974, as Amended, incorporation by reference approved for § 169.240. [USCG–1999–5525, 64 FR 29234, June 1, 1999, as (2) IMO Resolution MSC.210(81), amended by 66 FR 58070, Nov. 20, 2001] adopted on May 19, 2006, Performance § 169.102 Who is the shore-based au- Standards and Functional Require- thority? ments for the Long-Range Identifica- tion and Tracking of Ships, incorpora- The U.S. Coast Guard is the shore- tion by reference approved for §§ 169.215 based authority for these mandatory and 169.240. ship reporting systems. (3) IMO Resolution MSC.254(83), § 169.105 Where is the northeastern re- adopted on October 12, 2007, Adoption porting system located? of Amendments to the Performance Standards and Functional Require- Geographical boundaries of the ments for the Long-Range Identifica- northeastern area include the waters of tion and Tracking of Ships, incorpora- Cape Cod Bay, Massachusetts Bay, and tion by reference approved for §§ 169.215 the Great South Channel east and and 169.240. southeast of Massachusetts. The co- (4) IMO Resolution A.694(17), adopted ordinates (NAD 83) of the area are as on November 6, 1991, General Require- follows: from a point on Cape Ann, ° ′ ° ′ ments for Shipborne Radio Equipment Massachusetts at 42 39 N, 70 37 W; then ° ′ ° ′ Forming Part of the Global Maritime northeast to 42 45 N, 70 13 W; then ° ′ ° ′ Distress and Safety System (GMDSS) southeast to 42 10 N, 68 31 W; then ° ′ ° ′ and for Electronic Navigational Aids, south to 41 00 N, 68 31 W; then west to ° ′ ° ′ incorporation by reference approved 41 00 N, 69 17 W; then northeast to ° ′ ° ′ ° ′ for § 165.215. 42 05 N, 70 02 W, then west to 42 04 N, ° ′ (5) International Convention on Ton- 70 10 W; and then along the Massachu- nage Measurement of Ships, 1969, incor- setts shoreline of Cape Cod Bay and poration by reference approved for Massachusetts Bay back to the point ° ′ ° ′ § 169.5. on Cape Anne at 42 39 N, 70 37 W. [USCG–2005–22612, 73 FR 23319, Apr. 29, 2008]

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§ 169.110 When is the northeastern re- ing the area covered by a reporting sys- porting system in effect? tem. Additional reports are not nec- The mandatory ship reporting sys- essary for movements made within a tem in the northeastern United States system or for ships exiting a system. operates year-round. § 169.135 How must the reports be § 169.115 Where is the southeastern re- made? porting system located? (a) A ship equipped with INMARSAT Geographical boundaries of the C must report in IMO standard format southeastern area include coastal wa- as provided in § 169.140 in table 169.140. ters within about 25 nautical miles (45 (b) A ship not equipped with kilometer) along a 90-nautical mile INMARSAT C must report to the Coast (170-kilometer) stretch of the Atlantic Guard using other means, listed below seaboard in Florida and Georgia. The in order of precedence— area coordinates (NAD 83) extends from the shoreline east to longitude 80°51.6′ (1) Narrow band direct printing W with the southern and northern (SITOR), boundaries at latitude 30°00′ N and (2) HF voice communication, or 31°27′ N, respectively. (3) MF or VHF voice communications. § 169.120 When is the southeastern re- (c) SITOR or HF reports made di- porting system in effect? rectly to the Coast Guard’s Commu- The mandatory ship reporting sys- nications Area Master Station Atlantic tem in the southeastern United States (CAMSLANT) in Chesapeake, VA, or operates during the period beginning MF or VHF reports made to Coast on November 15 each year through Guard activities or groups, should only April 16 of the following year. be made by ships not equipped with [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] INMARSAT C. Ships in this category must provide all the required informa- § 169.125 What classes of ships are re- tion to the Coast Guard watchstander. quired to make reports? Each self-propelled ship of 300 gross [USCG–1999–5525, 64 FR 29234, June 1, 1999, as tons or greater must participate in the amended by 66 FR 58070, Nov. 20, 2001] reporting systems, except government § 169.140 What information must be in- ships exempted from reporting by regu- cluded in the report? lation V/8–1(c) of SOLAS. However, exempt ships are encouraged to partici- Each ship report made to the shore- pate in the reporting systems. based authority must follow the standard reporting and format requirements [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] listed in this section in table 169.140. § 169.130 When are ships required to Current email addresses and telex num- make reports? bers are published annually in the US Participating ships must report to Coast Pilot. the shore-based authority upon enter-

TABLE 169.140—REQUIREMENTS FOR SHIP REPORTS

Telegraphy Function Information required

Name of system ...... System identifier ...... Ship reporting system WHALESNORTH or WHALESSOUTH. M ...... INMARSAT Number ...... Vessel INMARSAT number A ...... Ship ...... The name, call sign or ship station identity, IMO number, and flag of the vessel. B ...... Date and time of event ...... A 6-digit group giving day of month (first two digits), hours and minutes (last four digits). E ...... True course ...... A 3-digit group indicating true course. F ...... Speed in knots and tenths of knots ...... A 3-digit group.

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TABLE 169.140—REQUIREMENTS FOR SHIP REPORTS—Continued

Telegraphy Function Information required

H ...... Date, time and point of entry into system Entry time expressed as in (B) and entry position expressed as-(1) a 4-digit group giving latitude in degrees and minutes suffixed with N(north) or S (south) and a 5-digit group giving longitude in degrees and minutes suffixed with E (east) or W (west); or (2) True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state landmark) I ...... Destination and expected time of arrival Name of port and date time group expressed as in (B) L ...... Route information ...... Intended track.

[USCG–1999–5525, 66 FR 58070, Nov. 20, 2001]

Subpart C—Transmission of Long the relationship of the United States to Range Identification and a ship identified in § 169.205. Tracking Information (a) Flag State relationship. A U.S. flag ship engaged on an international voyage must transmit position reports SOURCE: USCG–2005–22612, 73 FR 23319, Apr. wherever they are located. 29, 2008, unless otherwise noted. (b) Port State relationship. A foreign § 169.200 What is the purpose of this flag ship engaged on an international subpart? voyage must transmit position reports after the ship has announced its inten- This subpart implements Regulation tion to enter a U.S. port or place under 19–1 of SOLAS Chapter V (SOLAS V/19– requirements in 33 CFR part 160, sub- 1) and requires certain ships engaged part C. on an international voyage to transmit vessel identification and position infor- (c) Coastal State relationship. A formation electronically. This require- eign flag ship engaged on an inter- ment enables the Coast Guard to ob- national voyage must transmit posi- tain long range identification and tion reports when the ship is within tracking (LRIT) information and thus 1,000 nautical miles of the baseline of heightens our overall maritime domain the United States, unless their Flag awareness, enhances our search and Administration, under authority of rescue operations, and increases our SOLAS V/19–1.9.1, has directed them ability to detect anomalies and deter not to do so. transportation security incidents. § 169.215 How must a ship transmit position reports? § 169.205 What types of ships are required to transmit LRIT informa- A ship must transmit position re- tion (position reports)? ports using Long Range Identification The following ships, while engaged on and Tracking (LRIT) equipment that an international voyage, are required has been type-approved by their Ad- to transmit position reports: ministration. To be type-approved by (a) A passenger ship, including high the Coast Guard, LRIT equipment speed passenger craft. must meet the requirements of IMO (b) A cargo ship, including high speed Resolutions A.694(17), MSC.210(81), and craft, of 300 gross tonnage or more. MSC.254(83), and IEC standard IEC (c) A mobile offshore drilling unit 60945 (Incorporated by reference, see while underway and not engaged in § 169.15). drilling operations. § 169.220 When must a ship be fitted § 169.210 Where during its inter- with LRIT equipment? national voyage must a ship trans- A ship identified in § 169.205 must be mit position reports? equipped with LRIT equipment— The requirements for the trans- (a) Before getting underway, if the mission of position reports, imposed by ship is constructed on or after Decem- the United States, vary depending on ber 31, 2008.

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(b) By the first survey of the radio in- under 33 CFR 164.46, and operates only stallation after December 31, 2008, if within 20 nautical miles of the United the ship is— States baseline, (1) Constructed before December 31, (b) A warship, naval auxiliaries or 2008, and other ship owned or operated by a (2) Operates within— SOLAS Contracting Government and (i) One hundred (100) nautical miles used only on Government non-commer- of the United States baseline, or cial service, or (ii) Range of an Inmarsat geo- (c) A ship solely navigating the Great stationary satellite, or other Applica- Lakes of North America and their con- tion Service Provider recognized by the necting and tributary waters as far Administration, with which continuous east as the lower exit of the St. Lam- alerting is available. bert Lock at Montreal in the Province (c) By the first survey of the radio in- of Quebec, Canada. stallation after July 1, 2009, if the ship is— § 169.240 When may LRIT equipment (1) Constructed before December 31, be switched off? 2008, and A ship engaged on an international (2) Operates within the area or range voyage may switch off its LRIT equip- specified in paragraph (b)(2) of this sec- ment only when it is permitted by its tion as well as outside the range of an Flag Administration, in circumstances Inmarsat geostationary satellite with detailed in SOLAS V/19–1.7, or in para- which continuous alerting is available. graph 4.4.1, of resolution MSC.210(81), While operating in the area or range as amended by resolution MSC.254(83) specified in paragraph (b)(2) of this sec- (Incorporated by reference, see § 169.15). tion, however, a ship must install LRIT equipment by the first survey of the § 169.245 What must a ship master do radio installation after December 31, if LRIT equipment is switched off 2008. or fails to operate? § 169.225 Which Application Service (a) If a ship’s LRIT equipment is Providers may a ship use? switched off or fails to operate, the ship’s master must inform his or her A ship may use an Application Serv- Flag Administration without undue ice Provider (ASP) recognized by its delay. Administration. Some Communication (b) The master must also make an Service Providers may also serve as an entry in the ship’s logbook that ASP. states— § 169.230 How often must a ship trans- (1) His or her reason for switching mit position reports? the LRIT equipment off, or an entry A ship’s LRIT equipment must trans- that the equipment has failed to oper- mit position reports at 6-hour intervals ate, and unless a more frequent interval is re- (2) The period during which the LRIT quested remotely by an LRIT Data equipment was switched off or non- Center. operational. NOTE TO § 169.245: For U.S. vessels, the U.S. § 169.235 What exemptions are there Coast Guard serves as the Flag Administra- from reporting? tion for purposes of this section. All LRIT notifications for the U.S. Flag Administra- A ship is exempt from this subpart if tion, in addition to requests or questions it is— about LRIT, should be communicated to the (a) Fitted with an operating auto- U.S. Coast Guard by e-mail addressed to matic identification system (AIS), [email protected].

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SUBCHAPTER P—PORTS AND WATERWAYS SAFETY

EDITORIAL NOTE: This listing is provided for informational purposes only. It is compiled and kept up-to-date by the Coast Guard, Department of Homeland Security, and is revised through July 1, 2008. Section A Agent ...... 160.204 Appendix A to 164.38—Performance Standards for Automatic Radar Plotting Aids (ARPA) Annex 1 to Appendix A—Definitions of Terms to be Used Only in Connection with ARPA Performance Standards Annex 2 to Appendix A—Operational Scenarios Annex 3 to Appendix A—Sensor Errors Appendix B to 164.38—U.S. Maritime Administration Collision Avoidance System Specifications Applicable Cargoes...... 168.30 Vessels...... 168.20 Waters and number of escort vessels (Prince William Sound and Puget Sound) ...... 168.40 Applicability exception for foreign vessels ...... 164.02 Applicability, Navigation Safety Regulations ...... 164.01 Application, Towing of Barges ...... 163.01 Alaskan Coastal areas Gulf to Hinchinbrook Safety Fairway (inbound vessel traffic)...... 166.400(b)(1)(ii) Hinchinbrook to Gulf Safety Fairway (outbound vessel traffic) ...166.400(b)(1)(iii) Prince William Sound Safety Fairway ...... 166.400(b)(1) Unimak Pass Safety Fairway (East/West Safety Fairway) ...... 166.400(b)(2)(i) Atlantic Coastal areas Nantucket to Ambrose Safety Fairway ...... 166.500(b)(1)(ii) Off New York Shipping Safety Fairway; Ambrose to Nantucket Safety Fairway...... 166.500(b)(1)(i) Automatic Identification System Shipborne Equipment...... 164.43 Automatic Radar Plotting Aids (ARPA) ...... 164.38 B Barge...... 160.204 Bunching of tows...... 163.20 C Californian Coastal areas Port Hueneme Safety Fairway ...... 166.300(b)(1) Carried in Bulk ...... 160.204 Certain Dangerous Cargo...... 160.204 Charterer ...... 160.204 Charts and publications ...... 164.33

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Charts, publications, and equipment: General ...... 164.30 Chesapeake Bay approach traffic separation scheme ...... 167.200 Control of Vessel and Facility Operations ...... Part 160, Subpart B Applicability...... 160.103 Compliance with orders ...... 160.105 Denial of entry...... 160.107 Prohibition of vessel operation and cargo transfers ...... 160.113 Purpose ...... 160.101 Special orders applying to vessel operations ...... 160.111 Withholding of clearance ...... 160.115 Crewmember ...... 160.204 D Definitions ...... 160.204, 161.2, 164.70, 166.105, 167.5, 168.05, 169.5 Deviations from rules: and reporting non-operating equipment...... 164.53 Continuing operation or period of time...... 164.55 Emergency ...... 164.51 Devices to indicate speed and distance ...... 164.40 E Eastern approach ...... 167.202 Off Ambrose Light ...... 167.153 Off Nantucket ...... 167.152 Electronic position fixing devices ...... 164.41 Equipment All vessels ...... 164.35 Vessels of 10,000 gross tons or more...... 164.37 Escort requirements for certain tankers ...... Part 168 G Galveston Bay approach traffic separation scheme and precautionary area...... 167.350 General, Ports and Waterways Safety ...... Part 160-Subpart A Appeals ...... 160.7 Definitions ...... 160.3 Delegations ...... 160.5 Purpose ...... 160.1 General, Regulated Navigation Areas and Limited Access Areas ...... Part 165-Subpart A Establishment procedure ...... 165.5 Notification ...... 165.7 Purpose of part ...... 165.1 Geographic coordinates ...... 165.8, 166.103, 167.3, 169.10 Great Lakes ...... 160.204 Gross Tons ...... 160.204 H Hazardous Condition...... 160.204 I Incorporation by reference...... 164.03 Inland waterways navigation regulations...... Part 162

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Atlantic Ocean, all waterways tributary south of Chesapeake Bay and all waterway tributary to the Gulf of Mexico east and South of St. Marks, FL...... 162.65 Black Rock Canal and Lock at Buffalo, New York...... 162.175 Buffalo and Rochester Harbors, New York ...... 162.165 Channel leading to San Juan Harbor, P.R.; use, administration, and navigation...... 162.260 Channel of Christina River, Del; navigation ...... 162.35 Channel of Tuckerton Creek, N.J.; navigation...... 162.30 Columbia and Williamette Rivers, Washington and Oregon; administration and navigation...... 162.225 Columbia River, Wash...... 162.230 Duluth-Superior Harbor, Minnesota and Wisconsin ...... 162.110 Flushing Bay near LaGuardia Airport, Flushing, N.Y. restricted area ...... 162.20 General ...... 162.1 Gulf of Mexico, all waterways tributary (except the Mississippi River, its tributaries, South and Southwest Passes and the Atchafalaya River) from St. Marks, Flas., to the Rio Grande...... 162.75 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.- Nev...... 162.220 Kenai River, Kenai, Alaska; use, administration, and navigation...... 162.245 Keweenaw Waterway, Mich...... 162.115 Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal) ...... 162.40 Lake Huron to Lake Erie, connecting waters Anchorage grounds...... 162.136 Communications rules ...... 162.132 General rules...... 162.130 Miscellaneous rules...... 162.140 Speed rules ...... 162.138 Traffic rules ...... 162.134 Lake Michigan, harbors on ...... 162.120 Lake Tahoe, Calif.; restricted areas along south shore ...... 162.210 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach ...... 162.215 Manhasett Bay, N.Y.; seaplane restricted area ...... 162.15 Marina del Ray, Calif.; restricted area ...... 162.200 Maumee Bay and River, Ohio...... 162.150 Mississippi River below mouth of Ohio River, including South and Southwest Passes ...... 162.80 Missouri River; administration and navigation...... 162.105 Monroe Harbor, Mich ...... 162.145 Ohio River at Louisville, KY ...... 162.100 Port Alexander, Alaska; speed of vessels ...... 162.250 Puget Sound Area, Wash...... 162.235 Restricted areas in vicinity of Maritime Administration Reserve Fleets...... 162.270 Sandusky and Huron Harbors, Ohio...... 162.155 Santa Monica Bay, Calif.; restricted area...... 162.195 St. Marys River, Sault Ste. Marie, Michigan ...... 162.117 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisconsin ...... 162.125 Suisun Bay, San Joaquin River Sacramento River, and connecting waters, CA...... 162.205 Tongass Narrows, Alaska; navigation...... 162.240 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Coneaut Har- bors, Ohio...... 162.160

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White River, Arkansas Post Canal, Arkansas River, and Verdigris River between Mississippi River, Ark., and Catoosa, Okla.: use, administration, and navigation ...... 162.90 Wrangell Narrows, Alaska; use, administration, and navigation ...... 162.255 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation ...... 162.85 M Maintenance, failure, and reporting...... 164.82 Marine casualty reporting and record retention...... 164.61 Modification of areas ...... 166.110 Modification of schemes...... 167.15 N Nationality ...... 160.204 Navigation ...... Part 164 Bridge visibility ...... 164.15 Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length ...... Table 164.72 Safety equipment, charts or maps, and publications required on towing vessels ...... 164.72 Tests and inspections ...... 164.80 Tests before entering or getting underway ...... 164.25 Underway, general...... 164.11 Underway, tankers ...... 164.13 Underway, towing vessels...... 164.78 Navigation safety regulations...... Part 164 Notifications of Arrivals, Departures, Hazardous Conditions, and Certain Dangerous Cargoes ...... Part 160, Subpart C Applicability and exceptions to applicability ...... 160.202, 160.203 Definitions ...... 160.204 Notice of hazardous conditions...... 160.215 O Off New York Traffic Separation Scheme and Precautionary Areas ...... 167.150, 167.151 Offshore traffic separation schemes...... Part 167 Operator...... 160.204 Operating rules...... 167.10 P Performance and operational requirements...... 168.50 Persons in addition to the crewmembers...... 160.204 Port or place of departure...... 160.204 Port or place of destination...... 160.204 Ports and waterways safety—general ...... Part 160 Precautionary areas ...... 167.151, 167.174, 167.201, 167.350, 167.401, 167.501, 167.1701 Pre-escort conference...... 168.60 Public vessel ...... 160.204 R Rate of turn indicator ...... 164.42 Regulated navigation areas and limited access areas ...... Part 165 Regulated Navigation Areas ...... Part 165, Subpart B General regulations...... 165.13

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Regulated navigation areas...... 165.10 Vessel operating requirements (regulations) ...... 165.11 Responsibilities...... 168.10 Restricted Waterfront Areas...... Part 165, Subpart E Restricted waterfront areas ...... 165.40 S Steering gear: Foreign tankers ...... 164.39 Safety Zones ...... Part 165-Subpart C General regulations...... 165.23 Safety zones ...... 165.20 Security Zones...... Part 165-Subpart D General regulations...... 165.33 Security zones ...... 165.30 Specific Regulated Navigation Areas and Limited Access Areas...Part 165-Subpart F First Coast Guard District—Boston, MA Regulated Navigation Areas Kill Van Kull, New York and New Jersey ...... 165.165 Kittery, Maine ...... 165.101 New Haven Harbor, Quinnipiac River, Mill River ...... 165.150 Providence River, Providence, R.I...... 165.122 Safety Zones Boon Island, ME, sunken vessel Empire Knight...... 165.141 Boston Harbor, Boston, Massachusetts ...... 165.110, 165.111 Coast Guard Activities New York Fireworks Displays ...... 165.168 Hudson River, Triathlon, Ulster Landing ...... 165.170 Northville Industries Offshore Platform, Riverhead, Long Island, New York ...... 165.155 Portland, OR; Large Passenger Vessel Protection, Captain of the Port Zone...... 165.1318 Rhode Island Sound, Narragansett Bay, Providence River ...... 165.121 USS Cassin Young, Boston Massachusetts...... 165.112 Security Zones New London Harbor, Connecticut ...... 165.140 Sandy Hook Bay, N.J...... 165.130 Fifth Coast Guard District Regulated Navigation Areas Chesapeake Bay Entrance and Hampton Roads, VA and adjacent waters...... 165.501 Chesapeake Bay, Maryland ...... 165.500 Delaware Bay and River...... 165.510 Safety Zones Cove Point, Chesapeake Bay, Maryland...... 165.502 Cape Fear and Northeast Cape Fear Rivers, NC...... 165.530 Cape Fear River, Wilmington, North Carolina...... 165.515 Fireworks Displays within the Fifth Coast Guard District ...... 165.506 Security Zone Atlantic Ocean, Chesapeake & Delaware Canal, Delaware Bay, Delaware River and its tributaries...... 165.511 Captain of the Port Hampton Roads Zone ...... 165.503 Newport News Shipbuilding and Dry Dock Company Shipyard James River, Newport News, VA...... 165.504 Three Mile Island Generating Station, Susquehanna River, Dau- phin County, Pennsylvania ...... 165.554 Waters of the Fifth Coast Guard District ...... 165.518 Seventh Coast Guard District Regulated Navigation Areas

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Atlantic Ocean, Charleston, SC...... 165.714 King’s Bay, Georgia ...... 165.730 Savannah River, Savannah, GA ...... 165.756 Sparkman Channel, Tampa, FL ...... 165.752 Tampa Bay, FL ...... 165.753 Safety Zones Charleston Harbor and Cooper River, Charleston, SC ...... 165.708 Cumberland Sound, GA and St. Mary’s River Entrance Channel ...... 165.731 Jacksonville, FL ...... 165.728 Savannah River, Savannah, GA ...... 165.T0704 St. Johns River, Jacksonville, FL...... 165.720 Tampa Bay, FL ...... 165.703, 165.704 Security Zones Charleston Harbor and Cooper River, Charleston, SC ...... 165.708 Cumberland Sound, GA, and St. Mary’s River Entrance Channel ...... 165.731 HOVENSA REfinery, St. Croix, U.S. Virgin Islands ...... 165.766 MacDill Air Force Base, Tampa Bay, FL ...... 165.768 Manbirtee Key, Port of Manatee, FL ...... 165.767 Merritt Island, FL, vicinity Kennedy Space Center...... 165.701 Port Canaveral Harbor, Cape Canaveral, FL...... 165.705 Port of Fredericksted, Saint Croix, U.S. Virgin Islands ...... 165.763 Jacksonville Harbor, FL ...... 165.729 St. John’s River, Jacksonville, FL...... 165.720, 165.722 Tampa Bay, FL ...... 165.760 Eighth Coast Guard District Regulated Navigation Areas Arkansas River, Mile 118.2 to 125.4, Little Rock, AK ...... 165.817 Atachafalaya River, Berwick Bay, LA ...... 165.811 Calcasieu River, LA ...... 165.807 Mississippi River ...... 165.803, 165.810 Ohio River at Cincinnati, OH ...... 165.821 Ohio River at Louisville, KY...... 165.815 Sabine Neches Waterway, TX...... 165.806 Safety Zones Calcasieu Channel and Industrial Canal, Calcasieu River, Lake Charles, LA ...... 165.805 Corpus Christi Ship Channel, Corpus Christi, TX ...... 165.808 Lower Mississippi River, vicinity of Old River Control Structures ...... 165.802 Snake Island, Texas City, TX; mooring and fleeting of vessels ...... 165.804 Security Zones Captain of the Port St. Louis, Missouri ...... 165.825 Port of Mobile, Mobile Ship Channel, Mobile, AL...... 165.835 Ninth Coast Guard District Regulated Navigation Area Great Lakes...... 165.901 Port Huron, MI, USCG Station Port Huron, Lake Huron ...... 165.920 Safety Zones Captain of the Port Buffalo Zone annual fireworks events...... 165.914 Captain of the Port Cleveland Zone annual fireworks events ...... 165.202 Cuyahoga River and Old River, Cleveland, OH...... 165.903 Lake Michigan at Chicago Harbor & Burnham Park Harbor ...... 165.904 Niagra River at Niagra Falls, New York...... 165.902 USX Superfund Site, St. Louis River...... 165.905 Security Zone Lake Michigan at Chicago Harbor & Burnham Park Harbor ...... 165.904

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Eleventh Coast Guard District Regulated Navigation Areas San Diego Bay, CA...... 165.1108 Safety Zones Offshore Marine Terminal, El Segundo, CA...... 165.1156 San Diego Bay, CA...... 165.1107 Security Zones Coronado Bay Bridge, San Diego, CA ...... 165.1110 Cruise Ships, Tankers and High Interest Vessels, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt Bay, Cali- fornia ...... 165.1183 Military Ocean Terminal Concord (MOTCO), Concord, California ...... 165.1199 San Diego Bay, CA...... 165.1102, 165.1103, 165.1104, 165.1105, 165.1106 Thirteenth Coast Guard District Regulated Navigation Areas Puget Sound, and adjacent waters in Northwestern Washington...... 165.1301 Puget Sound and adjacent waters, WA ...... 165.1303 Safety Zones Bellingham Bay, Bellingham, WA ...... 165.1304 Columbia River, Vancouver, WA ...... 165.1308 Commencement Bay, Tacoma, WA ...... 165.1305 Elliot Bay, Seattle, WA ...... 165.1307 Lake Union, Seattle, WA ...... 165.1306 Security Zone Bangor Naval Submarine Base, Bangor, WA ...... 165.1302 Portland Rose Festival on Willamette River...... 165.1312 Protection of Military Cargo, Captain of the Port Zone Puget Sound, WA ...... 165.1321 Fourteenth Coast Guard District Regulated Navigation Area Apra Outer Harbor, Guam ...... 165.1402 Safety Zones Apra Harbor, Guam...... 165.1401 Pacific Missle Range Facility (PMRF), Barking Sands, Island of Kauai, Hawaii ...... 165.1406 Security Zones Apra Harbor, Guam...... 165.1404 Tinian, Commonwealth Northern Marianas Islands...... 165.1403 Seventeenth Coast Guard District Regulated Navigation Area Prince William Sound, AK...... 165.1704 Safety Zones Ammunition Island, Port Valdez, AK...... 165.1703 Gastineau Channel, Juneau, AK...... 165.1702, 165.1706 Port Valdez, Valdez, AK ...... 165.1701 Tongass Narrows, Ketchikan, AK ...... 165.1708 Shipping Safety Fairways and Anchorages...... Part 166 Shipping safety fairways and anchorage areas, Gulf of Mexico Aransas Pass Anchorage Areas...... 166.200(d)(5) Aransas Pass Safety Fairway ...... 166.200(d)(4) Atchafalaya Pass Safety Fairway...... 166.200(d)(20) Barataria Pass Safety Fairway ...... 166.200(d)(24) Bayou Grand Caillou Safety Fairway ...... 166.200(d)(21) Belle Pass Safety Fairway ...... 166.200(d)(23) Biloxi Safety Fairway ...... 166.200(d)(35) Brazos Santiago Pass Anchorage Areas...... 166.200(d)(2) Brazos Santiago Pass Safety Fairway ...... 166.200(d)(1)

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Calcasieu Pass Anchorage Areas; (Calcasieu Pass North Anchorage Area)...... 166.200(d)(16)(i) Calcasieu Pass Anchorage Areas; (Calcasieu Pass South Anchorage Area)...... 166.200(d)(16)(ii) Calcasieu Pass Safety Fairway ...... 166.200(d)(15) Cat Island Pass Safety Fairway ...... 166.200(d)(22) Charlotte Anchorage ...... 166.200(d)(51) Charlotte Safety Fairways...... 166.200(d)(50) Coastwise Safety Fairways; (Aransas Pass to Calcasieu Pass)...... 166.200(d)(14)(ii) Coastwise Safety Fairways; (Brazos Santiago Pass to Aransas Pass ...... 166.200(d)(14)(i) Empire to the Gulf Safety Fairway...... 166.200(d)(26) Freeport Harbor Anchorage Areas...... 166.200(d)(9) Freeport Harbor Safety Fairway ...... 166.200(d)(8) Freshwater Bayou Safety Fairway ...... 166.200(d)(18) Galveston Entrance Anchorage Areas...... 166.200(d)(11) Galveston Entrance Safety Fairway ...... 166.200(d)(10) Gulf Safety Fairway, Aransas Pass Safety Fairway to Southwest Pass Safety Fairway...... 166.200(d)(27) Grand Bayou Pass Safety Fairway...... 166.200(d)(25) Gulfport Safety Fairway ...... 166.200(d)(34) Heald Bank Cutoff Safety Fairway ...... 166.200(d)(53) Horn Island Pass to Mobile Ship Channel Safety Fairway...... 166.200(d)(38) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to Safety Zone ...... 166.200(d)(52) Lower Mud Lake Safety Fairway...... 166.200(d)(17) Matagorda Entrance Anchorage Areas ...... 166.200(d)(7) Matagorda Entrance Safety Fairway ...... 166.200(d)(6) Mississippi River-Gulf Outlet Anchorage...... 166.200(d)(33) Mississippi River-Gulf Outlet Channel to Mobile Ship Channel Safety Fairway ...... 166.200(d)(32)(ii) Mississippi River-Gulf Outlet Safety Fairway ...... 166.200(d)(32)(i) Mobile Anchorage ...... 166.200(d)(40) Mobile Safety Fairway (Mobile Ship Channel Safety Fairway) .....166.200(d)(39)(i) Mobile Ship Channel to Sea Safety Fairway...... 166.200(d)(39)(ii) Mobile to Pensacola Safety Fairway ...... 166.200(d)(39)(iii) Panama City Anchorage ...... 166.200(d)(45) Panama City Safety Fairways ...... 166.200(d)(44) Pascagoula Safety Fairway...... 166.200(d)(37) Pensacola Anchorage...... 166.200(d)(42)(i) Pensacola Safety Fairway...... 166.200(d)(41) Pensacola to Panama City Safety Fairway ...... 166.200(d)(43) Port Mansfield Safety Fairway ...... 166.200(d)(3) Port St. Joe Anchorage...... 166.200(d)(47) Port St. Joe Fairway to Panama City Fairway ...... 166.200(d)(46) Sabine Bank Offshore (North) Anchorage Area...... 166.200(d)(13)(ii) Sabine Bank Offshore (South) Anchorage Area ...... 166.200(d)(13)(iii) Sabine Pass Anchorage Areas; (Sabine Pass Inshore Anchorage Area)...... 166.200(d)(13)(i) Sabine Pass Safety Fairway...... 166.200(d)(12) Ship Island Pass to Horn Island Pass Safety Fairway ...... 166.200(d)(36) South of Gulf Safety Fairway ...... 166.200(d)(52)(ii) South Pass (Mississippi River) Anchorage ...... 166.200(d)(31) South Pass (Mississippi River) Safety Fairway; South Pass to Sea Safety Fairway ...... 166.200(d)(30)(i) South Pass (Mississippi River) to Mississippi River-Gulf Outlet Chan- nel Safety Fairway ...... 166.200(d)(30)(ii) Southwest Pass (Mississippi River) Anchorage...... 166.200(d)(29)

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Southwest Pass Safety Fairway...... 166.200(d)(19) Southwest Pass (Mississippi River) Safety Fairway; Southwest Pass (Mississippi River) to Gulf Safety Fairway ...... 166.200(d)(28)(i) Southwest Pass (Mississippi River) to Sea Safety Fairway ...... 166.200(d)(28)(ii) Southwest Pass (Mississippi River) to South Pass (Mississippi River) Safety Fairway...... 166.200(d)(28)(iii) Tampa Anchorages (Eastern Tampa Fairway Anchorage) ...... 166.200(d)(49)(i) Tampa Safety Fairways ...... 166.200(d)(48) Western Tampa Fairway Anchorage ...... 166.200(d)(49)(ii) South-eastern approach...... 167.154 Southern approach...... 167.155, 167.203 T Time Charterer ...... 160.204 Towing of barges ...... Part 163 Tows of seagoing barges within inland waters ...... 163.05 V Vessel Movement Reporting System (VMRS) ...... Part 161, Subpart B Applicability ...... 161.16 Definitions ...... 161.17 Final Report (FR)...... 161.22 IMO Standard Ship Reporting System...... 161.18(a) Position Report (PR)...... 161.20 Purpose and intent ...... 161.15 Reporting requirements ...... 161.18 Sailing Plan (SP)...... 161.19 Vessel traffic management ...... Part 161 Vessel Traffic Services...... Part 161, Subpart A General Rules Applicability ...... 161.3 Definitions ...... 161.2 Deviations from the rules ...... 161.5 Purpose and Intent...... 161.1 Requirement to carry the rules...... 161.4 Services, VTS Measures, and Operating Requirements Services ...... Part 161, Subpart A Vessel operating requirements ...... 161.12 VTS measures...... 161.11 VTS Special Area operating requirements ...... 161.13 Vessel Traffic Service Areas, Cooperative Vessel Traffic Service Area, Vessel Traffic Service Special Areas, and Reporting Points...... Part 161, Subpart C Vessel Traffic Service Berwick Bay ...... 161.40 Berwick Bay Reporting Points ...... 161.40(c) Houston/Galveston...... 161.35 Houston/Galveston Precautionary Areas ...... 161.35(b) Houston/Galveston Reporting Points ...... 161.35(c) Louisville...... 161.30 New York Area ...... 161.25 San Francisco ...... 161.50 St. Marys River ...... 161.45 St. Marys River Reporting Points...... 161.45(b) Prince William Sound...... 161.60 Prince William Sound Reporting Points ...... 161.60(d)

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Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region ...... 161.55 Voyage Charterer...... 160.204

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