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Coast Guard, DHS § 165.761

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Coast Guard, DHS § 165.761 (d) Authority. In addition to 33 U.S.C. located at Bridge road, in approximate 1231 and 50 U.S.C. 191, the authority for position 25°46.33′ N, 080°09.12′ W, which this section includes 33 U.S.C. 1226. leads to Star Island, and MacArthur Causeway directly extending across the [COTP Tampa 02–053, 68 FR 52342, Sept. 3, 2003, as amended by USCG–2007–0062, 73 FR Main Channel to the Port of Miami, at 1282, Jan. 8, 2008] 25°46.26′ N, 080°09.18′ W. The fixed secu- rity zone is activated when two or § 165.761 Security Zones; Port of Palm more passenger vessels, vessels car- Beach, Port Everglades, Port of rying cargoes of particular hazard, or Miami, and Port of Key West, Flor- vessels carrying liquefied hazardous ida. gas (LHG) as defined in 33 CFR parts (a) Location. The following areas are 120, 126 and 127 respectively, enter or security zones: moor within this zone. (1) Fixed and moving security zones (i) Vessels may be allowed to transit around vessels in the Ports of Palm the Main Channel when only one pas- Beach, Port Everglades, Miami, and Key senger vessel or vessel carrying cargoes West, Florida. Moving security zones of particular hazard are berthed, by are established 100 yards around all staying on the north side of the law en- passenger vessels, vessels carrying car- forcement boats and cruise ship goes of particular hazard, or vessels tenders which will mark a transit lane carrying liquefied hazardous gas (LHG) in channel. as defined in 33 CFR parts 120, 126 and (ii) When passenger vessels are not 127 respectively, during transits enter- berthed on the Main Channel, naviga- ing or departing the Ports of Palm tion will be unrestricted. Law enforce- Beach, Port Everglades, Miami or Key ment vessels can be contacted on VHF West, Florida. These moving security Marine Band Radio, Channel 16 (156.8 zones are activated when the subject MHz). vessel passes: ‘‘LW’’ buoy, at approxi- (3) Fixed security zones in the Port Ev- mate position 26°46.3′ N, 080°00.6′ W, erglades. A fixed security zone encom- when entering the Port of Palm Beach, passes all waters west of an imaginary passes ‘‘PE’’ buoy, at approximate po- line starting at the northern most sition 26°05.5′ N, 080°04.8′ W, when enter- point 26°05.98′ N, 080°07.15′ W, near the ing Port Everglades; the ‘‘M’’ buoy, at west side of the 17th Street Causeway approximate position 25°46.1′ N, 080°05.0′ Bridge, to the southern most point W, when entering the Port of Miami; 26°05.41′ N, 080°06.96′ W, on the northern and ‘‘KW’’ buoy, at approximate posi- tip of pier 22. An additional fixed secu- tion 24°27.7′ N, 081°48.1′ W, when enter- rity zone encompasses the Intracoastal ing the Port of Key West. Fixed secu- Waterway between a line connecting rity zones are established 100 yards point 26°05.41′ N, 080°06.97′ W, on the around all passenger vessels, vessels northern tip of berth 22 and a point di- carrying cargoes of particular hazard rectly east across the Intracoastal Wa- or liquefied hazardous gas (LHG) as de- terway to 26°05.41′ N, 080°06.74′ W; and a fined in 33 CFR parts 120, 126 and 127 re- line drawn from the corner of Port Ev- spectively, while they are docked in erglades berth 29 at point 26°04.72′ N, the Ports of Palm Beach, Port Ever- 080°06.92′ W, easterly across the Intra- glades, Miami or Key West, Florida. coastal Waterway to John U. Lloyd (2) Fixed security zone in the Port of Beach, State Recreational Area at Miami, Florida. A fixed security zone point 26°04.72′ N, 080°06.81′ W. encompasses all waters between Wat- (i) Vessels may be allowed to transit son Park and Star Island on the Mac- the Intracoastal Waterway when pas- Arthur Causeway south to the Port of senger vessels or vessels carrying car- Miami. The western boundary is goes of particular hazard are berthed, formed by an imaginary line from by staying east of the law enforcement points 25°46.79′ N, 080°10.90′ W, to vessels and cruise ship tenders, which 25°46.77′ N, 080°10.92′ W to 25°46.88′ N, will mark a transit lane in the Intra- 080°10.84′ W, and ending on Watson coastal Waterway. Park at 25°47.00′ N, 080°10.67′ W. The (ii) Periodically, vessels may be re- eastern boundary is formed by an quired to temporarily hold their posi- imaginary line from the traffic light tions while large commercial traffic 745 VerDate Mar<15>2010 11:58 Aug 31, 2012 Jkt 226133 PO 00000 Frm 00755 Fmt 8010 Sfmt 8010 Y:\SGML\226133.XXX 226133 wreier-aviles on DSK5TPTVN1PROD with CFR § 165.762 33 CFR Ch. I (7–1–12 Edition) operates in this area. Vessels in this se- practical for the purpose of port secu- curity zone must follow the orders of rity, safety or environmental safety. the COTP or his designated representa- (c) Definition. As used in this section, tive, who may be embarked in law en- cruise ship means a passenger vessel forcement or other vessels on scene. greater than 100 feet in length and over When passenger vessels are not berthed 100 gross tons that is authorized to on the Intracoastal Waterway, naviga- carry more than 12 passengers for hire tion will be unrestricted. Law enforce- making voyages lasting more than 24 ment vessels can be contacted on VHF hours, except for a ferry. Marine Band Radio, Channel 16 (156.8 (d) Authority. In addition to 33 U.S.C. MHz). 1231 and 50 U.S.C. 191, the authority for (b) Regulations. (1) Prior to com- this section includes 33 U.S.C. 1226. mencing the movement, the person di- recting the movement of a passenger [COTP Miami 02–115, 68 FR 3189, Jan. 23, 2003] vessel, a vessel carrying cargoes of par- ticular hazard or a vessel carrying liq- § 165.762 Security Zone; St. Thomas, uefied hazardous gas (LHG) as defined U.S. Virgin Islands. in Title 33, Code of Federal Regulations (a) Location. Moving and fixed secu- parts 120, 126 and 127 respectively, is rity zones are established 50 yards encouraged to make a security broad- around all cruise ships entering, de- cast on VHF Marine Band Radio, Chan- parting, moored or anchored in the nel 13 (156.65 MHz) to advise mariners Port of St. Thomas, U.S. Virgin Is- of the moving security zone activation lands. The security zone for a cruise and intended transit. ship entering port is activated when (2) In accordance with the general the vessel passes: St. Thomas Harbor regulations § 165.33 of this part, entry green lighted buoy 3 in approximate into these zones is prohibited except as position 18°19′19″ North, 64°55′40″ West authorized by the Captain of the Port when entering the port using St. Miami or his designated representa- Thomas Channel; red buoy 2 in approxi- tive. Other vessels such as pilot boats, mate position 18°19′15″ North, 64°55′59″ cruise ship tenders, tug boats and con- West when entering the port using East tracted security vessels may assist the Gregorie Channel; and red lighted buoy Coast Guard Captain of the Port under 4 in approximate position 18°18′16″ the direction of his designated rep- North, 64°57′30″ West when entering the resentative by monitoring these zones port using West Gregorie Channel. strictly to advise mariners of the re- These zones are deactivated when the strictions. The Captain of the Port will cruise ship passes any of these buoys notify the public via Marine Safety Radio Broadcast on VHF Marine Band on its departure from the Port. Radio, Channel 16 (156.8 MHz) when the (b) Regulations. (1) Under general reg- security zones are being enforced. ulations in § 165.33 of this part, enter- (3) Persons desiring to enter or tran- ing, anchoring, mooring or transiting sit the area of the security zone may in these zones is prohibited unless au- contact the Captain of the Port at (305) thorized by the Coast Guard Captain of 535–8701 or on VHF Marine Band Radio, the Port of San Juan. Channel 16 (156.8 MHz) to seek permis- (2) Persons desiring to transit the sion to transit the area. If permission area of the security zone may contact is granted, all persons and vessels must the Captain of the Port at the Sector comply with the instructions of the San Juan at (787) 289–2041 or via VHF Captain of the Port or his or her des- radio on Channel 16 to seek permission ignated representative. to transit the area. If permission is (4) The Captain of the Port Miami granted, all persons and vessels must may waive any of the requirements of comply with the instructions of the this subpart for any vessel upon finding Captain of the Port or his designated that the vessel or class of vessel, oper- representative. ational conditions, or other cir- (3) Coast Guard Sector San Juan will cumstances are such that application attempt to notify the maritime com- of this subpart is unnecessary or im- munity of periods during which these 746 VerDate Mar<15>2010 11:58 Aug 31, 2012 Jkt 226133 PO 00000 Frm 00756 Fmt 8010 Sfmt 8010 Y:\SGML\226133.XXX 226133 wreier-aviles on DSK5TPTVN1PROD with CFR.
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