Title 33—Navigation and Navigable Waters

(This book contains parts 1 to 124)

Part

CHAPTER I—Coast Guard, Department of Homeland Security 1

ABBREVIATIONS USED IN THIS CHAPTER: BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal Register document number. CG = Coast Guard. EM = Electrician’s Mate. LS = Lightship. NC = Flag hoist meaning, ‘‘I am in distress and require immediate assistance.’’ NCG = Call letters for any Coast Guard Shore Radio Station. OAN = Aids to Navigation Division. PTP = Training and Procurement. U.S.C.G. = United States Coast Guard.

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EDITORIAL NOTE: Nomenclature changes to Chapter I appear at 70 FR 75734, Dec. 21, 2005.

SUBCHAPTER A—GENERAL

Part Page 1 General provisions...... 7 2 Jurisdiction ...... 29 3 Coast Guard areas, districts, sectors, marine inspection zones, and Captain of the Port zones ..... 33 4 OMB control numbers assigned pursuant to the Pa- perwork Reduction Act ...... 52 5 Coast Guard Auxiliary ...... 53 6 Protection and security of vessels, harbors, and waterfront facilities ...... 57 8 United States Coast Guard Reserve ...... 62 13 Decorations, medals, ribbons and similar devices ... 63 17 United States Coast Guard general gift fund ...... 66 19 Waivers of navigation and vessel inspection laws and regulations ...... 67 20 Rules of practice, procedure, and evidence for formal administrative proceedings of the Coast Guard ...... 70 23 Distinctive markings for Coast Guard vessels and aircraft ...... 92 25 Claims ...... 94 26 Vessel bridge-to-bridge radiotelephone regulations 105 27 Adjustment of civil monetary penalties for inflation ...... 108

SUBCHAPTER B—PERSONNEL 40 Cadets of the Coast Guard ...... 112 45 Enlistment of personnel ...... 112 49 Payment of amounts due mentally incompetent Coast Guard personnel ...... 113 50 Coast Guard Retiring Review Board ...... 115 51 Coast Guard Discharge Review Board ...... 117 3

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Part Page 52 Board for Correction of Military Records of the Coast Guard ...... 122 53 Coast Guard whistleblower protection ...... 129 54 Allotments from active duty pay for certain support obligations ...... 133 55 Child Development Services ...... 134

SUBCHAPTER C—AIDS TO NAVIGATION 60 [Reserved] 62 United States aids to navigation system ...... 136 64 Marking of structures, sunken vessels and other obstructions ...... 144 66 Private aids to navigation ...... 147 67 Aids to navigation on artificial islands and fixed structures ...... 155 70 Interference with or damage to aids to navigation 169 72 Marine information...... 170 74 Charges for Coast Guard aids to navigation work ... 173 76 Sale and transfer of aids to navigation equipment 174

SUBCHAPTER D—INTERNATIONAL NAVIGATION RULES Special Note: Application of the 72 COLREGS to territories and possessions ...... 175 80 COLREGS Demarcation Lines ...... 176 81 72 COLREGS: Implementing Rules ...... 192 82 72 COLREGS: Interpretative Rules ...... 195

SUBCHAPTER E—INLAND NAVIGATION RULES 83 Rules ...... 196 84 Annex I: Positioning and Technical Details of Lights and Shapes ...... 211 85 Annex II: Additional Signals for Fishing Vessels Fishing in Close Proximity ...... 216 86 Annex III: Technical Details of Sound Signal Ap- pliances ...... 216 87 Annex IV: Distress Signals ...... 218 88 Annex V: Pilot Rules ...... 219 89 Inland navigation rules: Implementing rules ...... 221 90 Inland rules: interpretative rules ...... 224

SUBCHAPTER F—VESSEL OPERATING REGULATIONS 95 Operating a vessel while under the influence of alcohol or a dangerous drug ...... 225

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Part Page 96 Rules for the safe operation of vessels and safety management systems ...... 227

SUBCHAPTER G—REGATTAS AND MARINE PARADES 100 Safety of life on navigable waters ...... 241

SUBCHAPTER H—MARITIME SECURITY 101 Maritime security: General ...... 318 102 Maritime security: National maritime transportation security [Reserved] 103 Maritime security: Area maritime security ...... 331 104 Maritime security: Vessels ...... 335 105 Maritime security: Facilities ...... 361 106 Marine security: Outer Continental Shelf (OCS) facilities ...... 387 107 National vessel and facility control measures and limited access areas ...... 405

SUBCHAPTER I—ANCHORAGES 109 General ...... 410 110 Anchorage regulations...... 411

SUBCHAPTER J—BRIDGES 114 General ...... 525 115 Bridge locations and clearances; administrative procedures ...... 527 116 Alteration of unreasonably obstructive bridges ...... 531 117 Drawbridge operation regulations ...... 536 118 Bridge lighting and other signals ...... 650

SUBCHAPTER K—SECURITY OF VESSELS 120 Security of passenger vessels ...... 659

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PART 1—GENERAL PROVISIONS 1.07–100 Summons in lieu of seizure of commercial fishing industry vessels.

Subpart 1.01—Delegation of Authority Subpart 1.08—Written Warnings by Coast Sec. Guard Boarding Officers 1.01–1 District Commander. 1.01–20 Officer in Charge, Marine Inspection. 1.08–1 Applicability. 1.01–30 Captains of the Port. 1.08–5 Procedures. 1.01–40 Delegation to the Vice Commandant. 1.01–50 Delegation to District Commander, Subpart 1.10—Public Availability of Seventeenth Coast Guard District. Information 1.01–60 Delegations for issuance of bridge permits. 1.10–1 Official records and documents. 1.01–70 CERCLA delegations. 1.10–5 Public availability of records and 1.01–80 FWPCA and OPA 90 delegations. documents. 1.01–85 Redelegation. 1.01–90 Commissioned, warrant, and petty Subpart 1.20—Testimony by Coast Guard officers. Personnel and Production of Records in Legal Proceedings Subpart 1.05—Rulemaking 1.20–1 Testimony by Coast Guard personnel 1.05–1 Delegation of rulemaking authority. 1.05–5 Marine Safety Council. and production of records. 1.05–10 Regulatory process overview. 1.05–15 Public participation. Subpart 1.25—Fees and Charges for 1.05–20 Petitions for rulemaking. Certain Records and Services 1.05–25 Public docket. 1.05–30 Advance notice of proposed rule- 1.25–1 Purpose. making (ANPRM). 1.25–30 Exceptions. 1.05–35 Notice of proposed rulemaking 1.25–40 Fees for services for the public. (NPRM). 1.25–45 Special admeasurement services. 1.05–40 Supplemental notice of proposed 1.25–48 Oceanographic research. rulemaking (SNPRM). 1.25–80 Payment of fees, charges or sales. 1.05–45 Interim rule. 1.05–50 Final rule. Subpart 1.26—Charges for Duplicate Med- 1.05–55 Direct final rule. als, and Sales of Personal Property, 1.05–60 Negotiated rulemaking. Equipment or Services and Rentals

Subpart 1.07—Enforcement; Civil and 1.26–1 Purpose. Criminal Penalty Proceedings 1.26–5 Replacement of medals. 1.07–1 Purpose. 1.26–10 Sales to Coast Guard Auxiliary. 1.07–5 Definitions. 1.26–15 Sales of nonexcess personal property 1.07–10 Reporting and investigation. and services. 1.07–11 Notice of violation. 1.26–20 Sales to eligible foreign govern- 1.07–15 Hearing Officer. ments. 1.07–20 Initiation of action. 1.26–25 Payment of charges. 1.07–25 Preliminary matters. 1.07–30 Disclosure of evidence. EDITORIAL NOTE: Nomenclature changes to 1.07–35 Request for confidential treatment. part 1 appear at 75 FR 36277, June 25, 2010. 1.07–40 Counsel. 1.07–45 Location of hearings and change of Subpart 1.01—Delegation of venue. Authority 1.07–50 Witnesses. 1.07–55 Hearing procedures. 1.07–60 Records. AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 401, 491, 1.07–65 Hearing Officer’s decisions. 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49 1.07–70 Right to appeal. U.S.C. 322; Department of Homeland Secu- 1.07–75 Action on appeals. rity Delegation No. 0170.1; section 1.01–70 1.07–80 Reopening of hearings. also issued under the authority of E.O. 12580, 1.07–85 Collection of civil penalties. 3 CFR, 1987 Comp., p. 193; and sections 1.01– 1.07–90 Criminal penalties. 80 and 1.01–85 also issued under the authority 1.07–95 Civil and criminal penalties. of E.O. 12777, 3 CFR, 1991 Comp., p. 351.

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§ 1.01–1 District Commander. (1) Licensing, credentialing, certificating, shipment and discharge Final authority for the performance of seamen; within the confines of his district of (2) Referring to the processing Re- the functions of the Coast Guard, gional Examination Center (REC), the which in general terms are maritime Suspension and Revocation National law enforcement, saving and protecting Center of Expertise, or cognizant OCMI life and property, safeguarding naviga- potential violations of law, negligence, tion on the high seas and navigable wa- misconduct, unskillfulness, incom- ters of the United States, and readiness petence or misbehavior of persons hold- for military operations, is delegated to ing merchant mariner’s documents, li- the District Commander by the Com- censes, certificates or credentials mandant. In turn delegations of final issued by the Coast Guard, and recom- authority run from the District Com- mending suspension or revocation mander to commanding officers of under 46 U.S.C. Chapter 77 when units under the District Commander deemed appropriate; and for the performance of the functions of (3) Granting, withholding, sus- law enforcement, patrol of marine re- pending, or withdrawing course approv- gattas and parades, and the saving of als. life and property which come within the scope of their activities. [CGFR 48–72, 13 FR 9330, Dec. 31, 1948; as amended by USCG–1998–3799, 63 FR 35525, [CGFR 48–72, 13 FR 9330, Dec. 31, 1948] June 30, 1998; USCG–2006–25535, 72 FR 7929, Feb. 22, 2007; USCG–2009–0314, 74 FR 30937, § 1.01–20 Officer in Charge, Marine In- June 29, 2009] spection. (a) Officers in Charge, Marine Inspec- § 1.01–30 Captains of the Port. tion (OCMI), have been designated and Captains of the Port and their rep- delegated to perform, within each resentatives enforce within their re- OCMI’s jurisdiction, the following spective areas port safety and security functions: Inspection of vessels in order and marine environmental protection to determine that they comply with regulations, including, without limita- the applicable laws, rules, and regulation, regulations for the protection and tions relating to safe construction, security of vessels, harbors, and water- equipment, manning, and operation front facilities; anchorages; security and that they are in a seaworthy condi- zones; safety zones; regulated navigation for the services in which they are tion areas; deepwater ports; water pol- operated; shipyard and factory inspec- lution; and ports and waterways safety. tions; the investigation of marine casualties and accidents; the licensing, [CGD–225, 59 FR 66484, Dec. 27, 1994] certificating, shipment and discharge of seamen; the investigating and initi- § 1.01–40 Delegation to the Vice Com- mandant. ating of action in cases of misconduct, negligence, or incompetence of mer- The Commandant delegates to the chant marine officers or seamen; and Vice Commandant authority to take the enforcement of vessel inspection, final agency action under 46 CFR part navigation, and seamen’s laws in gen- 5, Subparts I, J and K on each petition eral. Specific procedures for appealing to reopen a hearing and on each appeal the decisions of the Officer in Charge, from a decision of an Administrative Marine Inspection, or of his subordi- Law Judge, except on petition or ap- nates are set forth in 46 CFR parts 1 to peal in a case in which an order of rev- 4. ocation has been issued. This delega- (b) The Commanding Officer of the tion does not prevent the Vice Com- National Maritime Center has been mandant from acting as Commandant, designated and delegated the same au- as prescribed in 14 U.S.C. 47(a), for all thority as an OCMI for the purpose of purposes of 46 CFR part 5. carrying out the following marine safe- [CGD 85–071, 51 FR 22805, June 23, 1986, as ty functions pursuant to the provisions amended by CGD 97–023, 62 FR 33361, June 19, of 46 CFR Subchapter B: 1997]

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§ 1.01–50 Delegation to District Com- those specified in paragraph (a) of this mander, Seventeenth Coast Guard section. District. [CGD 80–099, 46 FR 38353, July 27, 1981; 46 FR The Commandant redelegates to the 42268, Aug. 20, 1981, as amended by CGD 88– District Commander, Seventeenth 052, 53 FR 25119, July 1, 1988; CGD 96–026, 61 Coast Guard District, the authority in FR 33662, June 28, 1996; CGD 97–023, 62 FR 46 U.S.C. 3302(i)(1) to issue permits to 33361, June 19, 1997; USCG–2010–0351, 75 FR 49410, Aug. 13, 2010; USCG–2011–0257, 76 FR certain vessels transporting cargo, in- 31833, June 2, 2011] cluding bulk fuel, from one place in Alaska to another place in Alaska. § 1.01–70 CERCLA delegations. [USCG–1998–3799, 63 FR 35525, June 30, 1998] (a) For the purpose of this section, the definitions in section 101 of the § 1.01–60 Delegations for issuance of Comprehensive Environmental Re- bridge permits. sponse, Compensation, and Liability (a) The Commandant delegates to the Act of 1980 (Pub. L. 96–510), as amended Deputy Commandant for Operations by the Superfund Amendments and Re- (CG–DCO), the authority to issue the authorization Act of 1986 (Pub. L. 99– following permits for the construction, 499), apply. The Act, as amended, is re- reconstruction, or alteration of bridges ferred to in this section as CERCLA. across navigable waters of the United (b) The Assistant Commandant for States: Marine Safety, Security and Environ- (1) Those that require an environmental Protection (CG-5) is delegated mental assessment or environmental authority to take remedial action in- impact statement under the National volving vessels under section 104 of Environmental Policy Act of 1969, as CERCLA. amended, (42 U.S.C. 4321 et seq.) and all (c) Each Maintenance and Logistics implementing regulations, orders, and Commander is delegated contract authority, consistent with each memo- instructions. randum of understanding between the (2) Those that require a Presidential Coast Guard and the Environmental permit and approval under the Inter- Protection Agency regarding CERCLA national Bridge Act of 1972 (33 U.S.C. funding mechanisms, for the purpose of 535). carrying out response actions pursuant (3) Those that require the amend- to CERCLA sections 104(a), 104(b), ment of an existing permit issued by 104(f), 104(g), 105(f), and 122. the U.S. Army Corps of Engineers. (d) Each district commander is dele- (4) Those that raise substantial unre- gated authority as follows: solved controversy involving the pub- (1) Authority, pursuant to CERCLA lic, or are objected to by Federal, section 106(a), to determine an immi- State, or local government agencies. nent and substantial endangerment to (5) Those authorized by the Com- the public health or welfare or the en- mandant upon the appeal of a district vironment because of an actual or commander’s decision denying a per- threatened release of a hazardous submit. stance from a facility, and to secure (b) The Commandant delegates to such relief as may be necessary to each Coast Guard District Commander, abate such danger or threat through with the reservation that this author- the United States attorney of the dis- ity shall not be further redelegated, trict in which the threat occurs. the authority to issue all permits for (2) Authority, pursuant to section 109 the construction, reconstruction, or al- of CERCLA, to assess penalties relat- teration of bridges across navigable ing to violations of sections 103 (a) and waters of the United States other than (b) pertaining to notification requirements, section 108 pertaining to financial responsibility for release of hazardous substances from vessels, and section 122 pertaining to administrative orders and consent decrees.

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(3) Authority, pursuant to section 108 that such action will be done properly of CERCLA, to deny entry to any port by such person. or place in the United States or to the (f) Except for the authority granted navigable waters of the United States in paragraphs (d)(1) and (e)(1) of this and detain at any port or place in the section, each Coast Guard official to United States any vessel subject to sec- whom authority is granted in this section 108(a) of CERCLA that, upon re- tion may redelegate and authorize suc- quest, does not provide evidence of fi- cessive redelegations of that authority. nancial responsibility. The authority granted in paragraph (e) Subject to the provisions of Exec- (e)(3) of this section may only be re- utive Order 12580, and paragraph (g) of delegated to commissioned officers. this section, each Coast Guard official, (g) The response authority described predesignated as an On-Scene Coordi- in paragraph (e)(1) of this section does nator, is delegated authority as fol- not include authority to— lows: (1) Summarily remove or destroy a (1) Authority, pursuant to CERCLA vessel; or sections 104(a), 104(b), 104(c) and con- (2) Take any other action that consistent with the National Contingency stitutes intervention under CERCLA, Plan, to remove or arrange for the re- the Intervention on the High Seas Act moval of releases and threatened re- (33 U.S.C. 1471 et. seq.), or other applica- leases of hazardous substances, and of ble laws. ‘‘Intervention’’ means any pollutants or contaminants which may detrimental action taken against the present an imminent and substantial interest of a vessel or its cargo without danger to the public health or welfare. the consent of the vessel’s owner or op- (2) Authority, pursuant to CERCLA erator. section 104(i)(11), to take such steps as [CGD 88–051, 53 FR 30259, Aug. 11, 1988, as may be necessary to reduce exposure amended by CGD 91–225, 59 FR 66484, Dec. 27, that presents a significant risk to 1994; CGD 96–026, 61 FR 33662, June 28, 1996; human health, and to eliminate or sub- CGD 97–023, 62 FR 33361, June 19, 1997; USCG– stantially mitigate that significant 2002–12471, 67 FR 41331, June 18, 2002; USCG– risk to human health. 2003–14505, 68 FR 9534, Feb. 28, 2003] (3) Authority, pursuant to CERCLA section 106(a), to issue orders to pro- § 1.01–80 FWPCA and OPA 90 delega- tect the public health and welfare and tions. the environment whenever that official (a) This section delegates authority determines that a release or threatened to implement provisions of section 311 release of a hazardous substance from a of the Federal Water Pollution Control facility may present an imminent and Act (FWPCA), as amended [33 U.S.C. substantial endangerment to the public 1321] and provisions of the Oil Pollu- health or welfare or the environment. tion Act of 1990 (OPA 90). The defini- (4) Authority, pursuant to CERCLA tions in subsection (a) of section 311 of section 104(e), except section the FWPCA and section 1001 of OPA 90 104(e)(7)(C), to enter establishments or [33 U.S.C. 2701] apply. other places where hazardous sub- (b) The Assistant Commandant for stances are or have been generated, Marine Safety, Security and Environ- stored, treated, disposed of, or trans- mental Protection, is delegated author- ported from to inspect and obtain ity to require the owner or operator of records, reports, samples and informa- a facility to establish and maintain tion in support of the response func- such records, make such reports, in- tions delegated in paragraphs (d), stall, use, and maintain such moni- (e)(1), (e)(2), and (e)(3) of this section. toring equipment and methods, and (5) Authority, pursuant to CERCLA provide such other information as may section 122, to enter into an agreement be required to carry out the objectives with any person (including the owner of section 311 of the FWPCA [33 U.S.C. or operator of the vessel or facility 1321]. from which a release or substantial (c) Each District and Area Com- threat of release emanates, or any mander is delegated authority within other potential responsible person), to the Commander’s assigned district or perform any response action, provided area to—

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(1) Deny entry to any place in the (i) Whether reasonable cause exists United States or to the navigable wa- to believe that an owner, operator, or ters of the United States, and to detain person in charge may be subject to a at any place in the United States, any civil penalty under section 311(b) of the vessel subject to section 1016 of OPA 90 FWPCA [33 U.S.C. 1321(b)]; and [33 U.S.C. 2716] that, upon request, does (ii) Whether a filed bond or other sur- not provide evidence of financial re- ety is satisfactory. sponsibility; (d) Each Coast Guard official (2) Seize and, through the Chief predesignated as the On-Scene Coordi- Counsel, seek forfeiture to the United nator by the applicable Regional Con- States of any vessel subject to the re- tingency Plan is delegated authority quirements of section 1016 of OPA 90 [33 pursuant to section 311(c) of the U.S.C. 2716] that is found in the navi- FWPCA [33 U.S.C. 1321(c)], subject to gable waters of the United States with- paragraph (e) of this section, in accord- out the necessary evidence of financial ance with the National Contingency responsibility; Plan and any appropriate Area Contin- (3) Assess any class I civil penalty gency Plan, to ensure the effective and under subsection (b) of section 311 of immediate removal of a discharge and the FWPCA [33 U.S.C. 1321], in accord- mitigation or prevention of a substan- ance with the procedures in subpart tial threat of a discharge of oil or a 1.07 of this chapter; hazardous substance by— (4) Assess any civil penalty under (1) Removing or arranging for the re- section 4303 of OPA 90 [33 U.S.C. 2716a] moval of a discharge and mitigating or in accordance with the procedures in preventing an imminent and substan- subpart 1.07 of this chapter; tial threat of a discharge at any time; (5) Board and inspect any vessel upon (2) Directing or monitoring all Fed- the navigable waters of the United eral, State, and private actions to re- States or the waters of the contiguous move a discharge, including issuance of zone, except for public vessels; with or orders; without warrant, arrest any person (3) Determining, pursuant to section who, in the Commander’s presence or 311(c) of the FWPCA [33 U.S.C. 1321(c)], view, violates a provision of section 311 whether a discharge or a substantial of the FWPCA [33 U.S.C. 1321] or any threat of a discharge of oil or a haz- regulation issued thereunder; and exe- ardous substance from a vessel, off- cute any warrant or other process shore facility, or onshore facility is of issued by an officer or court of com- such a size or character as to be a sub- petent jurisdiction, as prescribed in stantial threat to the public health or section 311(m)(1) of the FWPCA [33 welfare of the United States (including, U.S.C. 1321(m)(1)]; but not limited to fish, shellfish, wild- (6) Enter and inspect any facility in life, other natural resources, and the the coastal zone at reasonable times; public and private beaches and shore- have access to and copy any records; lines of the United States); and, if it is, take samples; inspect monitoring directing all Federal, State, and pri- equipment required by section vate actions to remove the discharge or 311(m)(2)(A) of the FWPCA [33 U.S.C. to mitigate or prevent the threatened 1321(m)(2)(A)]; with or without war- discharge; rant, arrest any person who, in the (4) Determining, pursuant to section Commander’s presence or view, vio- 311(e) of the FWPCA [33 U.S.C. 1321(e)], lates a provision of section 311 of the that there may be an imminent and FWPCA [33 U.S.C. 1321] or any regula- substantial threat to the public health tion issued thereunder; and execute and welfare of the United States, and, any warrant or other process issued by if there is, may— an officer or court of competent juris- (i) Determine an imminent and sub- diction, as prescribed in section stantial threat as a basis for recom- 311(m)(2) of the FWPCA [33 U.S.C. mending referral for judicial relief; or 1321(m)(2)(A)]; and (ii) Act pursuant to section (7) Determine for purposes of section 311(e)(1)(B) of the FWPCA [33 U.S.C. 311(b)(12) of the FWPCA [33 U.S.C. 1321(e)(1)(B)], including the issuance of 1321(b)(12)]— orders; and

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(5) Acting to mitigate the damage to § 1.05–1 Delegation of rulemaking au- the public health or welfare caused by thority. a discharge of oil or a hazardous sub- (a) The Secretary of Homeland Secu- stance. rity is empowered by various statutes (e) The authority described in para- to issue regulations regarding the func- graph (d) of this section does not in- tions, powers and duties of the Coast clude the authority to— Guard. (1) Remove or destroy a vessel; or (b) The Secretary of Homeland Secu- (2) Take any other action that con- rity has delegated much of this author- stitutes intervention under the Inter- ity to the Commandant, U.S. Coast vention on the High Seas Act [33 U.S.C. Guard, including authority to issue 1471, et seq.] or other applicable laws. regulations regarding the functions of For purposes of this section, ‘‘inter- the Coast Guard and the authority to vention’’ means any detrimental action redelegate and authorize successive re- taken against the interest of a vessel delegations of that authority within or its cargo without the consent of the the Coast Guard. vessel’s owner or operator. (c) The Commandant has reserved the authority to issue any rules and regu- [CGD 91–225, 59 FR 66484, Dec. 27, 1994, as lations determined to be significant amended by CGD 96–026, 61 FR 33662, June 28, under Executive Order 12866, Regu- 1996; CGD 97–023, 62 FR 33361, June 19, 1997; latory Planning and Review. USCG–2002–12471, 67 FR 41331, June 18, 2002] (d) The Commandant has redelegated the authority to develop and issue § 1.01–85 Redelegation. those regulations necessary to imple- Except as provided in § 1.01–80(e)(1) ment laws, treaties and Executive Or- and (2), each Coast Guard officer to ders to the Assistant Commandant for whom authority is granted in § 1.01–80 Marine Safety, Security and Steward- may redelegate and authorize succes- ship (CG–5). The Commandant further sive redelegations of that authority redelegates this same authority to the within the command under the officer’s Director, National Pollution Fund Cen- jurisdiction, or to members of the offi- ter (Director, NPFC) for those regula- cer’s staff. tions within the Director, NPFC area of responsibility. [CGD 91–225, 59 FR 66485, Dec. 27, 1994] (1) The Assistant Commandant for Marine Safety, Security, and Steward- § 1.01–90 Commissioned, warrant, and ship may further reassign the dele- petty officers. gated authority of this paragraph to: Any commissioned, warrant, or petty (i) Any Director within the CG–5 Di- officer of the United States Coast rectorate as appropriate; or Guard may be authorized to carry out (ii) Any other Assistant Commandant the functions delegated to superior of- as appropriate. ficials under §§ 1.01–1, 1.01–20, 1.01–30, (2) The authority redelegated in para- 1.01–70, and 1.07–80, or redelegated graph (d) of this section is limited to under § 1.01–85, within the jurisdiction those regulations determined to be of the cognizant official. They will do nonsignificant within the meaning of so under the supervision and general Executive Order 12866. direction of that official. (e)(1) The Commandant has redelegated to the Coast Guard District Com- [CGD 91–225, 59 FR 66485, Dec. 27, 1994] manders, with the reservation that this authority must not be further redele- Subpart 1.05—Rulemaking gated except as specified in paragraph (i) below, the authority to issue regula- AUTHORITY: 5 U.S.C. 552, 553, App. 2; 14 tions pertaining to the following: U.S.C. 2, 631, 632, and 633; 33 U.S.C. 471, 499; 49 (i) Anchorage grounds and special an- U.S.C. 101, 322; Department of Homeland Se- chorage areas. curity Delegation No. 0170.1. (ii) The designation of lightering SOURCE: CGD 95–057, 60 FR 34148, June 30, zones. 1995, unless otherwise noted. (iii) The operation of drawbridges.

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(iv) The establishment of Regulated porary deviations from drawbridge op- Navigation Areas. erating regulations as the District (v) The establishment of safety and Bridge Programs Chief deems nec- security zones. essary. (vi) The establishment of special [CGD 95–057, 60 FR 34148, June 30, 1995, as local regulations. amended by CGD 96–026, 61 FR 33662, June 28, (vii) The establishment of inland wa- 1996; CGD 97–023, 62 FR 33361, June 19, 1997; terways navigation regulations. USCG–2003–14505, 68 FR 9534, Feb. 28, 2003; (2) This delegation does not extend to USCG–2003–15404, 68 FR 37740, June 25, 2003; those matters specified in paragraph USCG–2008–0179, 73 FR 35001, June 19, 2008; (c) of this section or rules and regula- USCG–2009–0416, 74 FR 27437, June 10, 2009; tions which have been shown to raise USCG–2010–0351, 75 FR 36277, June 25, 2010; substantial issues or to generate con- USCG–2012–0306, 77 FR 37309, June 21, 2012] troversy. § 1.05–5 Marine Safety and Security (f) Except for those matters specified Council. in paragraph (c) of this section, the Commandant has redelegated to Coast The Marine Safety and Security Guard Captains of the Port, with the Council, composed of senior Coast reservation that this authority must Guard officials, acts as policy advisor not be further redelegated, the author- to the Commandant and is the focal ity to establish safety and security point of the Coast Guard regulatory zones. system. The Marine Safety and Secu- (g) The Commandant has redelegated rity Council provides oversight, review, to Coast Guard District Commanders, and guidance for all Coast Guard regu- Captains of the Port, the Deputy Com- latory activity. mandant for Operations (CG–DCO), and [CGD 95–057, 60 FR 34148, June 30, 1995, as the Assistant Commandant for Marine amended by USCG–2003–15404, 68 FR 37740, Safety, Security and Stewardship, the June 25, 2003] authority to make the certification required by section 605(b) of the Regu- § 1.05–10 Regulatory process overview. latory Flexibility Act (Sec. 605(b), Pub. (a) Most rules of local applicability L. 96–354, 94 Stat. 1168 (5 U.S.C. 605)) for are issued by District Commanders and rules that they issue. Captains of the Port, while rules of (h) The Chief, Office of Regulations wider applicability are issued by senior and Administrative Law (CG–0943), has Coast Guard officials at Coast Guard authority to develop and issue those Headquarters, For both significant regulations necessary to implement all rulemaking (defined by Executive technical, organizational, and con- Order 12866, Regulatory Planning and forming amendments and corrections Review) and non-significant rule- to rules, regulations, and notices. making, other than those areas dele- (i) The Commandant has redelegated gated to District Commanders and Cap- to the Coast Guard District Com- tains of the Port, the regulatory proc- manders the authority to redelegate in ess begins when an office chief with writing to the Captains of the Port program responsibilities identifies a (COTP), with the reservation that this possible need for a new regulation or authority must not be further redele- for changes to an existing regulation. gated, the authority to issue such spe- The need may arise due to statutory cial local regulations as the COTP changes, or be based on internal review deems necessary to ensure safety of life or public input. Early public involve- on the navigable waters immediately ment is strongly encouraged. prior to, during, and immediately after (b) After a tentative significant regu- regattas and marine parades. latory approach is developed, a signifi- (j) The Commandant has redelegated cant regulatory project proposal is sub- to Coast Guard District Commanders mitted to the Marine Safety and Secu- the authority to redelegate in writing rity Council for approval. The proposal to the Coast Guard District Bridge Pro- describes the scope of the proposed reg- grams Chief, with the reservation that ulation, alternatives considered, and this authority must not be further re- potential cost and benefits, including delegated, the authority to issue tem- possible environmental impacts. All

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significant regulatory projects require § 1.05–20 Petitions for rulemaking. Marine Safety and Security Council (a) Any member of the public may pe- approval. tition the Coast Guard to undertake a (c) Significant rulemaking docu- rulemaking action. There is no pre- ments must also be approved by the scribed form for a petition for rule- Commandant of the Coast Guard. making, but the document should pro- (d) If the project is approved, the nec- vide some supporting information as to essary documents are drafted, includ- why the petitioner believes the pro- ing documents to be published in the posed rulemaking is necessary and the FEDERAL REGISTER. These may include document should clearly indicate that regulatory evaluations, environmental it is a petition for rulemaking. Peti- analyses, requests for comments, an- tions should be addressed to the Execu- nouncements of public meetings, no- tive Secretary, Marine Safety and Se- tices of proposed rulemakings, and curity Council (CG-0943), United States final rules. Coast Guard Headquarters, 2100 2nd St. SW., Stop 7121, Washington, DC 20593– [CGD 95–057, 60 FR 34148, June 30, 1995, as 7121. amended by USCG–2003–14505, 68 FR 9534, (b) The petitioner will be notified of Feb. 28, 2003; USCG–2003–15404, 68 FR 37740, the Coast Guard’s decision whether to June 25, 2003; USCG–2008–0179, 73 FR 35001, initiate a rulemaking or not. If the June 19, 2008] Coast Guard decides not to pursue a § 1.05–15 Public participation. rulemaking, the petitioner will be notified of the reasons why. If the Coast The Coast Guard considers public Guard decides to initiate rulemaking, participation essential to effective it will follow the procedure outlined in rulemaking, and encourages the public this subpart. The Coast Guard may to participate in its rulemaking proc- publish a notice acknowledging receipt ess. Coast Guard policy is to provide of a petition for rulemaking in the opportunities for public participation FEDERAL REGISTER. early in potential rulemaking projects. (c) Any petition for rulemaking and Generally, the Coast Guard will solicit any reply to the petition will be kept public input by publishing a notice of in a public docket open for inspection. public meeting or request for com- [CGD 95–057, 60 FR 34148, June 30, 1995, as ments in the FEDERAL REGISTER. Ad- amended by USCG–2003–15404, 68 FR 37740, vance Notices of Proposed Rulemaking, June 25, 2003; USCG–2008–0179, 73 FR 35001, Notices of Proposed Rulemaking, Sup- June 19, 2008] plemental Notices of Proposed Rule- making, and Interim Rules will usually § 1.05–25 Public docket. provide 90 days, or more if possible, (a) A public docket is maintained after publication for submission of electronically for each petition for comments. This time period is in- rulemaking and each Coast Guard rule- tended to allow interested persons the making project and notice published in opportunity to participate in the rule- the FEDERAL REGISTER. Each docket making process through the submis- contains copies of every rulemaking sion of written data and views. How- document published for the project, ever, certain cases and circumstances public comments received, summaries may make it necessary to provide a of public meetings or hearings, regu- shorter comment period. Public meet- latory assessments, and other publicly- ings may also be held to provide an op- available information. Members of the portunity for oral presentations. The public may inspect the public docket and copy any documents in the docket. Coast Guard will consider the com- Public dockets for Coast Guard ments received and, in subsequent rule- rulemakings are available electroni- making documents, will incorporate a cally at http://www.regulations.gov. To concise general statement of the com- access a rulemaking, enter the docket ments received and identify changes number associated with rulemaking in from a proposed rule based on the com- the ‘‘Search’’ box and click ‘‘Go >>.’’ ments. These documents are also kept at a

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Docket Management Facility main- proposed rulemaking. The supple- tained by the Department of Transpor- mental notice advises the public of the tation, West Building, room W12–140, revised proposal and provides an oppor- 1200 New Jersey Avenue, SE., Wash- tunity for additional comment. To give ington, DC 20590. the public a reasonable opportunity to (b) The public dockets for Coast become reacquainted with a rule- Guard rulemaking activity initiated by making, a supplemental notice may Coast Guard District Commanders are also be issued if considerable time has available for public inspection at the elapsed since publication of a notice of appropriate Coast Guard District office proposed rulemaking. An SNPRM con- or online at http://www.regulations.gov. tains the same type of information Paragraph (a) of this section describes generally included in an NPRM. how to access and view these documents. § 1.05–45 Interim rule. (c) The public dockets for Coast (a) An interim rule may be issued Guard rulemaking activity initiated by when it is in the public interest to pro- Captains of the Port are available for mulgate an effective rule while keeping inspection at the appropriate Captains the rulemaking open for further refine- of the Port Office or online at http:// ment. For example, an interim rule www.regulations.gov. Paragraph (a) of may be issued in instances when nor- this section describes how to access mal procedures for notice and com- and view these documents. ment prior to issuing an effective rule [USCG–2008–0179, 73 FR 35001, June 19, 2008] are not required, minor changes to the final rule may be necessary after the § 1.05–30 Advance notice of proposed interim rule has been in place for some rulemaking (ANPRM). time, or the interim rule only imple- An advance notice of proposed rule- ments portions of a proposed rule, making may be used to alert the af- while other portions of the proposed fected public about a new regulatory rule are still under development. project, or when the Coast Guard needs (b) An interim rule will be published more information about what form pro- in the FEDERAL REGISTER with an effec- posed regulations should take, the active date that will generally be at least tual need for a regulation, the cost of a 30 days after the date of publication. proposal, or any other information. After the effective date, an interim The ANPRM may solicit general infor- rule is enforceable and is codified in mation or ask the public to respond to the next annual revision of the appro- specific questions. priate title of the Code of Federal Reg- ulations. § 1.05–35 Notice of proposed rulemaking (NPRM). § 1.05–50 Final rule. Under the Administrative Procedure In some instances, a final rule may Act (APA), 5 U.S.C. 553, an NPRM is be issued without prior notice and com- generally published in the FEDERAL ment. When notice and comment pro- REGISTER for Coast Guard rulemakings. cedures have been used, and after all The NPRM normally contains a pre- comments received have been consid- amble statement in sufficient detail to ered, a final rule is issued. A final rule explain the proposal, its background, document contains a preamble that basis, and purpose, and the various discusses comments received, responses issues involved. It also contains a dis- to comments and changes made from cussion of any comments received in the proposed or interim rule, a citation response to prior notices, a citation of of legal authority, and the text of the legal authority for the rule, and the rule. text of the proposed rule. § 1.05–55 Direct final rule. § 1.05–40 Supplemental notice of pro- (a) A direct final rule may be issued posed rulemaking (SNPRM). to allow noncontroversial rules that An SNPRM may be issued if a pro- are unlikely to result in adverse public posed rule has been substantially comment to become effective more changed from the original notice of quickly.

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(b) A direct final rule will be pub- (2) There are a limited number of rep- lished in the FEDERAL REGISTER with resentatives for identifiable parties af- an effective date that is generally at fected by the rule; least 90 days after the date of publica- (3) There is a reasonable chance that tion. balanced representation can be reached (c) The public will usually be given at in the negotiated rulemaking com- least 60 days from the date of publica- mittee and that the committee mem- tion in which to submit comments or bers will negotiate in good faith; notice of intent to submit comments. (4) There is a likelihood of a com- (d) If no adverse comment or notice mittee consensus in a fixed time pe- of intent to submit an adverse com- riod; ment is received within the specified (5) The negotiated rulemaking proc- period, the Coast Guard will publish a ess will not unreasonably delay the notice in the FEDERAL REGISTER to rule; confirm that the rule will go into effect (6) The Coast Guard has resources to as scheduled. do negotiated rulemaking; and (e) If the Coast Guard receives a writ- (7) The Coast Guard can use the con- ten adverse comment or a written no- sensus of the committee in formulating tice of intent to submit an adverse the NPRM and final rule. comment, the Coast Guard will publish a notice in the final rule section of the Subpart 1.07—Enforcement; Civil FEDERAL REGISTER to announce with- and Criminal Penalty Proceedings drawal of the direct final rule. If an adverse comment clearly applies to only AUTHORITY: 14 U.S.C. 633; 14 U.S.C. 92(e); 33 part of a rule, and it is possible to re- U.S.C. 1321(b)(6)(B); 46 U.S.C. 2103; Depart- move that part without affecting the ment of Homeland Security Delegation remaining portions, the Coast Guard 0701.1. may adopt as final those parts of the SOURCE: CGD 78–82, 43 FR 54186, Nov. 20, rule on which no adverse comment was 1978, unless otherwise noted. received. Any part of a rule that is the subject of an adverse comment will be § 1.07–1 Purpose. withdrawn. If the Coast Guard decides This part describes procedures for en- to proceed with a rulemaking following forcement and administration of all receipt of an adverse comment, a sepa- statutory penalty provisions that the rate Notice of Proposed Rulemaking Coast Guard is authorized to enforce. (NPRM) will be published unless an exception to the Administrative Proce- § 1.07–5 Definitions. dure Act requirements for notice and (a) The term District Commander, comment applies. when used in this subpart, means the (f) A comment is considered adverse District Commander, or any person if the comment explains why the rule under the District Commander’s com- would be inappropriate, including a mand, delegated to carry out the provi- challenge to the rule’s underlying sions of § 1.07–10(b). premise or approach, or would be inef- (b) The term Hearing Officer means a fective or unacceptable without a Coast Guard officer or employee who change. has been delegated the authority to assess civil penalties. [CGD 94–105, 60 FR 49224, Sept. 22, 1995] (c) The term issuing officer means any qualified Coast Guard commissioned, § 1.05–60 Negotiated rulemaking. warrant, or petty officer. (a) The Coast Guard may establish a (d) The term Notice of Violation means negotiated rulemaking committee a notification of violation and prelimi- under the Negotiated Rulemaking Act nary assessment of penalty, given to a of 1990 and the Federal Advisory Com- party, in accordance with § 1.07–11. mittee Act (FACA) (5 U.S.C. App. 2) (e) The term party means the person when it is in the public interest. alleged to have violated a statute or (b) Generally, the Coast Guard will regulation to which a civil penalty ap- consider negotiated rulemaking when: plies and includes an individual or pub- (1) There is a need for a rule; lic or private corporation, partnership

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or other association, or a governmental § 1.07–11 Notice of violation. entity. (a) After investigation and evalua- [CGD 93–079, 59 FR 16560, Apr. 7, 1994] tion of an alleged violation has been completed, an issuing officer may issue § 1.07–10 Reporting and investigation. a Notice of Violation to the party. (a) Any person may report an appar- (b) The Notice of Violation will con- ent violation of any law, regulation, or tain the following information: order that is enforced by the Coast (1) The alleged violation and the ap- Guard to any Coast Guard facility. plicable law or regulations violated; When a report of an apparent violation (2) The amount of the maximum penalty that may be assessed for each vio- has been received, or when an apparent lation; violation has been detected by any (3) The amount of proposed penalty Coast Guard personnel, the matter is that appears to be appropriate; investigated or evaluated by Coast (4) A statement that payment of the Guard personnel. Once an apparent vio- proposed penalty within 45 days will lation has been investigated or evalu- settle the case; ated, a report of the investigation may (5) The place to which, and the man- be sent to the District Commander or ner in which, payment is to be made; other designated official in accordance (6) A statement that the party may with paragraph (b) of this section or a decline the Notice of Violation and Notice of Violation under § 1.07–11 may that if the Notice of Violation is de- be given to the party by an issuing offi- clined, the party has the right to a cer. hearing prior to a final assessment of a (b) Reports of any investigation con- penalty by a Hearing Officer. ducted by the Coast Guard or received (7) A statement that failure to either from any other agency which indicate pay the proposed penalty on the Notice that a violation may have occurred of Violation or decline the Notice of may be forwarded to a District Com- Violation and request a hearing within mander or other designated official for 45 days will result in a finding of de- further action. This is normally the fault and the Coast Guard will proceed District Commander of the District in with the civil penalty in the amount which the violation is believed to have recommended on the Notice of Viola- occurred, or the District in which the tion without processing the violation reporting unit or agency is found. The under the procedures described in 33 report is reviewed to determine if there CFR 1.07–10(b). is sufficient evidence to establish a (c) The Notice of Violation may be hand delivered to the party or an em- prima facie case. If there is insufficient ployee of the party, or may be mailed evidence, the case is either returned for to the business address of the party. further investigation or closed if fur- (d) If a party declines the Notice of ther action is unwarranted. The case is Violation within 45 days, the case file closed in situations in which the inves- will be sent to the District Commander tigation has established that a viola- for processing under the procedures de- tion did not occur, the violator is un- scribed in 33 CFR 1.07–10(b). known, or there is little likelihood of (e) If a party pays the proposed pen- discovering additional relevant facts. If alty on the Notice of Violation within it is determined that a prima facie case 45 days, a finding of proved will be en- does exist, a case file is prepared and tered into the case file. forwarded to the Hearing Officer, with (f) If within 45 days of receipt a a recommended action. A record of any party— prior violations by the same person or (1) Fails to pay the proposed penalty entity, is forwarded with the case file. on the Notice of Violation; and (2) Fails to decline the Notice of Vio- [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87–008a, 52 FR 17554, May 11, lation—the Coast Guard will enter a 1987; CGD 93–079, 59 FR 16560, Apr. 7, 1994; finding of default in the case file and USCG–2000–7223, 65 FR 40054, June 29, 2000] proceed with the civil penalty in the amount recommended on the Notice of

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Violation without processing the viola- (3) The general nature of the proce- tion under the procedures described in dure for assessing and collecting the 33 CFR 1.07–10(b). penalty; (4) The amount of penalty that ap- [CGD 93–079, 59 FR 66482, Dec. 27, 1994, as amended by USCG–2001–9175, 67 FR 38388, pears to be appropriate, based on the June 4, 2002] material then available to the Hearing Officer; § 1.07–15 Hearing Officer. (5) The right to examine all materials (a) The Hearing Officer has no other in the case file and have a copy of all responsibility, direct or supervisory, written documents provided upon re- for the investigation of cases referred quest; and, for the assessment of civil penalties. (6) The fact that the party may de- The hearing officer may take action on mand a hearing prior to any actual as- a case referred by any District Com- sessment of a penalty. mander. (c) If at any time it appears that the (b) The Hearing Officer decides each addition of another party to the pro- case on the basis of the evidence before ceedings is necessary or desirable, the him, and must have no prior connec- Hearing Officer provides the additional tion with the case. The Hearing Officer party with notice as described above. is solely responsible for the decision in § 1.07–25 Preliminary matters. each case referred to him. (c) The Hearing Officer is authorized (a) Within 30 days after receipt of no- to administer oaths and issue sub- tice of the initiation of the action, as poenas necessary to the conduct of a described above, the party, or counsel hearing, to the extent provided by law. for the party, may request a hearing, provide any written evidence and argu- [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as ments in lieu of a hearing, or pay the amended by CGD 87–008a, 52 FR 17554, May 11, 1987; USCG–2002–12471, 67 FR 41331, June 18, amount specified in the notice as being 2002] appropriate. A hearing must be requested in writing; the request must § 1.07–20 Initiation of action. specify the issues which are in dispute. (a) When a case is received for action, Failure to specify a nonjurisdictional the Hearing Officer makes a prelimi- issue will preclude its consideration. nary examination of the material sub- (b) The right to a hearing is waived if mitted. If, on the basis of the prelimi- the party does not submit the request nary examination, the Hearing Officer to the Hearing Officer within 30 days determines that there is insufficient after receiving notice of the alleged evidence to proceed, or that there is violation. At the discretion of the any other reason which would make Hearing Officer, a hearing may be penalty action inappropriate, the Hear- granted if the party submits a late re- ing Officer returns the case to the Dis- quest. trict Commander with a written state- (c) The Hearing Officer must prompt- ment of the reason. The District Com- ly schedule all hearings which are re- mander may close the case or cause a quested. The Hearing Officer shall further investigation of the alleged grant any delays or continuances violation to be made with a view to- which may be necessary or desirable in ward resubmittal of the case to the the interest of fairly resolving the Hearing Officer. case. (b) If on the basis of the preliminary (d) A party who has requested a hear- examination of the case file, the Hear- ing may amend the specification of the ing Officer determines that a violation issues in dispute at any time up to 10 appears to have been committed, the days before the scheduled date of the Hearing Officer notifies the party in hearing. Issues raised later than 10 writing of: days before the scheduled hearing may (1) The alleged violation and the ap- be presented only at the discretion of plicable law or regulations; the Hearing Officer. (2) The amount of the maximum pen- [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as alty that may be assessed for each vio- amended by CGD 85–001A, 51 FR 19329, May lation; 29, 1986]

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§ 1.07–30 Disclosure of evidence. the Hearing Officer directs all further communications to that counsel. The alleged violator may, upon request, receive a free copy of all the § 1.07–45 Location of hearings and written evidence in the case file, exchange of venue. cept material that would disclose or (a) The hearing is normally held at lead to the disclosure of the identity of the office of the Hearing Officer. a confidential informant. Other evi- (b) The Hearing Officer may transfer dence or material, such as blueprints, a case to another Hearing Officer on re- sound or video tapes, oil samples, and quest or on the Hearing Officer’s own photographs may be examined in the motion. Hearing Officer’s offices. The Hearing (c) A request for change of location of Officer may provide for examination or a hearing or transfer to another Hear- testing of evidence at other locations if ing Officer must be in writing and state there are adequate safeguards to pre- the reasons why the requested action is vent loss or tampering. necessary or desirable. Action on the request is at the discretion of the Hear- § 1.07–35 Request for confidential treatment. ing Officer. (a) In addition to information treated [CGD 87–008a, 52 FR 17554, May 11, 1987] as confidential under § 1.07–30, a request for confidential treatment of a docu- § 1.07–50 Witnesses. ment or portion thereof may be made A party may present the testimony by the person supplying the informa- of any witness either through a per- tion on the basis that the information sonal appearance or through a written is: statement. The party may request the (1) Confidential financial informa- assistance of the Hearing Officer in ob- tion, trade secrets, or other material taining the personal appearance of a exempt from disclosure by the Free- witness. The request must be in writ- dom of Information Act (5 U.S.C. 552); ing and state the reasons why a written (2) Required to be held in confidence statement would be inadequate, the by 18 U.S.C. 1905; or issue or issues to which the testimony (3) Otherwise exempt by law from dis- would be relevant, and the substance of closure. the expected testimony. If the Hearing Officer determines that the personal (b) The person desiring confidential appearance of the witness may materi- treatment must submit the request to ally aid in the decision on the case, the the Hearing Officer in writing and Hearing Officer seeks to obtain the wit- state the reasons justifying nondisclo- ness’ appearance. Because many stat- sure. Failure to make a timely request utes prescribing civil penalties do not may result in a document being consid- provide subpoena power, there may be ered as nonconfidential and subject to cases where a witness cannot be re- release. quired to attend. In such a case, the (c) Confidential material is not con- Hearing Officer may move the hearing sidered by the Hearing Officer in reach- to the witness’ location, accept a writing a decision unless: ten statement, or accept a stipulation (1) It has been furnished by a party, in lieu of testimony. If none of these or procedures is practical, the Hearing Of- (2) It has been furnished pursuant to ficer shall proceed on the basis of the a subpoena. evidence before him. [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as amended by USCG–2002–12471, 67 FR 41331, amended by USCG–2002–12471, 67 FR 41331, June 18, 2002] June 18, 2002]

§ 1.07–40 Counsel. § 1.07–55 Hearing procedures. A party has the right to be rep- (a) The Hearing Officer must conduct resented at all stages of the proceeding a fair and impartial proceeding in by counsel. After receiving notification which the party is given a full oppor- that a party is represented by counsel, tunity to be heard. At the outset of the

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hearing, the Hearing Officer insures ceived. If the statement is not received that the party is aware of the nature of within the time prescribed, or within the proceeding and of the alleged viola- the limits of any extension of time tion, and of the provisions of the law or granted by the Hearing Officer, the regulation allegedly violated. Hearing Officer renders his decision in (b) The material in the case file per- the case. tinent to the issues to be determined by the Hearing Officer is presented. § 1.07–60 Records. The party has the right to examine, (a) A verbatim transcript will not and to respond to or rebut, this mate- normally be prepared. The Hearing Of- rial. The party may offer any facts, ficer prepares notes on the material statements, explanations, documents, and points raised by the party, in suffi- sworn or unsworn testimony, or other cient detail to permit a full and fair re- exculpatory items which bear on appro- view and resolution of the case, should priate issues, or which may be relevant it be appealed. to the size of an appropriate penalty. (b) A party may, at its own expense, The Hearing Officer may require the cause a verbatim transcript to be authentication of any written exhibit made. If a verbatim transcript is made, or statement. the party shall submit two copies to (c) At the close of the party’s presen- the Hearing Officer not later than the tation of evidence, the Hearing Officer time of filing an administrative appeal. may allow the introduction of rebuttal The Hearing Officer includes them in evidence. The Hearing Officer may the record. allow the party to respond to any such evidence submitted. [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as (d) In receiving evidence, the Hearing amended by USCG–2002–12471, 67 FR 41331, June 18, 2002] Officer is not bound by strict rules of evidence. In evaluating the evidence § 1.07–65 Hearing Officer’s decisions. presented, the Hearing Officer must give due consideration to the reli- (a) The Hearing Officer issues a writ- ability and relevance of each item of ten decision. Any decision to assess a evidence. penalty is based upon substantial evi- (e) The Hearing Officer may take no- dence in the record. If the Hearing Offi- tice of matters which are subject to a cer finds that there is not substantial high degree of indisputability and are evidence in the record establishing the commonly known in the community or alleged violation or some other viola- are ascertainable from readily avail- tion of which the party had full and able sources of known accuracy. Prior fair notice, the Hearing Officer shall to taking notice of a matter, the Hear- dismiss the case and remand it to the ing Officer gives the party an oppor- District Commander. A dismissal is tunity to show why notice should not without prejudice to the District Com- be taken. In any case in which notice is mander’s right to refile the case and taken, the Hearing Officer places a have it reheard if additional evidence written statement of the matters as to is obtained. A dismissal following a re- which notice was taken in the record, hearing is final and with prejudice. with the basis for such notice, includ- (b) If the Hearing Officer assesses a ing a statement that the party con- penalty, the Hearing Officer’s decision sented to notice being taken or a sum- contains a statement advising the mary of the party’s objections. party of the right to an administrative (f) After the evidence in the case has appeal. The party is advised that fail- been presented, the party may present ure to submit an appeal within the pre- argument on the issues in the case. The scribed time will bar its consideration party may also request an opportunity and that failure to appeal on the basis to submit a written statement for con- of a particular issue will constitute a sideration by the Hearing Officer and waiver of that issue in any subsequent for further review. The Hearing Officer proceeding. shall allow a reasonable time for sub- [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as mission of the statement and shall amended by CGD 85–001A, 51 FR 19329, May specify the date by which it must be re- 29, 1986]

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§ 1.07–70 Right to appeal. § 1.07–80 Reopening of hearings. (a) Any appeal from the decision of (a) At any time prior to final agency the Hearing Officer must be submitted action in a civil penalty case, a party by a party within 30 days from the date may petition to reopen the hearing on of receipt of the decision. The appeal the basis of newly discovered evidence. and any supporting brief must be sub- (b) Petitions to reopen must be in mitted to the Hearing Officer. The only writing describing the newly found evi- issues which will be considered on ap- dence and must state why the evidence peal are those issues specified in the would probably produce a different re- appeal which were properly raised be- sult favorable to the petitioner, wheth- fore the Hearing Officer and jurisdic- er the evidence was known to the peti- tional questions. tioner at the time of the hearing and, (b) The failure to file an appeal with- if not, why the newly found evidence in the prescribed time limit results in could not have been discovered in the the action of the Hearing Officer be- exercise of due diligence. The party coming the final agency action in the must submit the petition to the Hear- ing Officer. case. (c) The District Commander may file § 1.07–75 Action on appeals. comments in opposition to the petition. If comments are filed, a copy is (a) Upon receipt, the Hearing Officer provided the party. provides a copy of the appeal and any (d) A petition to reopen is considered supporting brief to the District Com- by the Hearing Officer unless an appeal mander who referred the case. Any has been filed, in which case the peti- comments which the District Com- tion is considered by the Commandant. mander desires to submit must be re- (e) The decision on the petition is de- ceived by the Hearing Officer within 30 cided on the basis of the record, the pe- days. The Hearing Officer includes the tition, and the comments in opposi- District Commander’s comments, or tion, if any. The petition is granted not later than 30 days after receipt of only when newly found evidence is de- the appeal if no comments are subscribed which has a direct and material mitted by the District Commander, the bearing on the issues and when a valid Hearing Officer forwards all materials explanation is provided as to why the in the case to the Commandant. evidence was not and could not have (b) The Commandant issues a written been, in the exercise of due diligence, decision in each case and furnishes cop- produced at the hearing. The decision ies to the party, the District Com- is rendered in writing. mander, and the Hearing Officer, The (f) Following a denial of a petition to Commandant may affirm, reverse, or reopen, the party is given 30 days to modify the decision, or remand the file an appeal if one has not already case for new or additional proceedings. been filed, or to amend an appeal which In the absence of a remand, the deci- has already been filed. sion of the Commandant on appeal [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as shall be final. In addition to the ac- amended by CGD 87–008a, 52 FR 17555, May 11, tions which may be taken by the Com- 1987] mandant on appeal, the Commandant may also remit, mitigate or suspend § 1.07–85 Collection of civil penalties. the assessment in whole or in part. (a) Payment of a civil penalty may be Upon the taking of remission, mitiga- made by check or postal money order tion, or suspension action, the Com- payable to the U.S. Coast Guard. mandant will inform the party of the (b) Within 30 days after receipt of the action and any conditions placed on Commandant’s decision on appeal, or the action. the Hearing Officer’s decision in a case in which no appeal has been filed, the [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as party must submit payment of any as- amended by CGD 87–008a, 52 FR 17555, May 11, 1987] sessed penalty to the office specified in the assessment notice. Failure to make

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timely payment will result in the insti- manders are authorized to determine tution of appropriate action under the whether to institute civil penalty pro- Federal Claims Collection Act and the ceedings or to refer the case to the U.S. regulations issued thereunder. attorney for prosecution in accordance (c) When a penalty of not more than with § 1.07–90. $200 has been assessed under Chapter 43 (b) When the U.S. Attorney declines or 123 of Title 46 U.S.C., the matter to institute criminal proceedings, the may be referred for collection of the Area, MLC, or District Commander de- penalty directly to the Federal Mag- cides whether to initiate civil penalty istrate of the jurisdiction wherein the proceedings or to close the case. person liable may be found, for the institution of collection procedures [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as amended by USCG–2001–9286, 66 FR 33639, under supervision of the district court, June 25, 2001] if the court has issued an order dele- gating such authority under section § 1.07–100 Summons in lieu of seizure 636(b) of Title 28, United States Code. of commercial fishing industry vessels. [CGD 87–008a, 52 FR 17555, May 11, 1987] (a) As used in this section, the fol- § 1.07–90 Criminal penalties. lowing terms have the meanings speci- (a) Prosecution in the Federal courts fied: for violations of those laws or regula- (1) Commercial fishing industry vessel tions enforced by the Coast Guard means a fishing vessel, a fish proc- which provide, upon conviction, for essing vessel, or a fish tender vessel as punishment by fine or imprisonment is defined in 46 U.S.C. 2101 (11a), (11b), or a matter finally determined by the De- (11c), respectively. partment of Justice. This final deter- (2) Personal use quantity means a mination consists of deciding whether quantity of a controlled substance as and under what conditions to prosecute specified in 19 CFR 171.51. or to abandon prosecution. (b) When a commercial fishing indus- (b) Except in those cases where the try vessel is subject to seizure for a approval of the Commandant is re- violation of 21 U.S.C. 881(a)(4), (6), or quired, the Area, Maintenance & Logis- (7); of 19 U.S.C. 1595a(a); or of 49 U.S.C. tics Command (MLC), and District App. 782 and the violation involves the Commanders are authorized to refer possession of a personal use quantity of the case to the U.S. attorney. The a controlled substance, the vessel shall Commandant’s approval is required in be issued a summons to appear as pre- the following cases where evidence of a scribed in subpart F of 19 CFR part 171 criminal offense is disclosed: in lieu of seizure, provided that the (1) Marine casualties or accidents re- vessel is: sulting in death. (1) Proceeding to or from a fishing (2) Marine Boards (46 CFR part 4). area or intermediate port of call; or (3) Violations of port security regula- (2) Actively engaged in fishing oper- tions (33 CFR parts 6, 121 to 126 inclu- ations. sive). [CGD 89–003, 54 FR 37615, Sept. 11, 1989] (c) The Area, MLC, or District Com- mander will identify the laws or regulations which were violated and make Subpart 1.08—Written Warnings by specific recommendations concerning Coast Guard Boarding Officers the proceedings to be instituted by the U.S. attorney in every case. AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(b). [CGD 78–82, 43 FR 54186, Nov. 20, 1978, as amended by USCG–2001–9286, 66 FR 33639, § 1.08–1 Applicability. June 25, 2001] (a) The regulations in this subpart apply to certain violations of the fol- § 1.07–95 Civil and criminal penalties. lowing statutes and regulations for (a) If a violation of law or regulation which Coast Guard boarding officers carries both a civil and a criminal pen- are authorized to issue written warn- alty, the Area, MLC, and District Com- ings instead of recommending civil or

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criminal penalty procedures under sub- by each district office for not more part 1.07 of this part: than three years after date of issue. (1) 46 CFR 25.05 whistles or other (d) The district commander of the sound producing devices; district in which the warning is issued (2) 33 CFR part 175, subpart B and 46 may rescind a written warning and in- CFR subpart 25.25, Personal Flotation stitute civil penalty action under § 1.07– Devices. 10 of this part if a record check dis- (3) 46 CFR 25.35 backfire flame con- closes a prior written warning or viola- trol; tion issued within one year or in the (4) 46 CFR 25.40 ventilation; case of a violation of 33 CFR part 159 a (5) 33 CFR part 173 numbering; prior written warning or violation (6) 46 U.S.C. 103, documented yachts; issued within three years. (7) 33 CFR part 155 oil pollution prevention; and (e) Within 15 days after the date of (8) 46 CFR 25.30 fire extinguishers; issue, any person issued a written (9) 33 CFR part 159 marine sanitation warning by a Coast Guard boarding of- devices; ficer may appeal the issuance of the (10) 33 CFR part 175 subpart C, Visual warning to the district commander by Distress Signals. providing in writing or in person any (11) 33 CFR 88.05 Copy of rules. information that denies, explains, or (b) The Commandant authorizes des- mitigates the violations noted in the ignated boarding officers to issue warn- warning. ings for certain minor violations of the (f) Each written warning shall indi- statutes and regulations listed in para- cate that: graph (a) of this section. Written warn- (1) The warning is kept on file for a ings are not authorized for all viola- period of not more than one year after tions of these statutes and regulations. date of issue or in the case of a viola- (14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 tion of 33 CFR part 159 a period of not Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46(b), (m), more than three years for reference in and (n)(1)) determining appropriate penalty ac- [CGD 74–155, 41 FR 17894, Apr. 29, 1976, as tion if there is a subsequent violation; amended by CGD 77–182, 43 FR 22657, May 25, (2) If a record check reveals a prior 1978; CGD 82–040, 47 FR 21042, May 17, 1982; written warning or violation within CGD 85–009, 50 FR 10761, Mar. 18, 1985] the time period designated in § 1.08–5(d) of this part, the warning may be re- § 1.08–5 Procedures. voked and civil penalty action insti- (a) A written warning may be issued tuted; where the boarding officer determines (3) If an additional violation occurs that: within the time period designated in (1) The observed violation is a first § 1.08–5(d) the warning may be used as a offense; and basis for the assessment of a higher (2) The operator states that the vio- penalty for the subsequent violation; lation will be promptly corrected. and (b) A written warning may not be (4) Within 15 days after the date of issued where: issue, the person who is issued the (1) The operator is required to be li- warning may appeal to the District censed or credentialed; Commander by providing in writing or (2) The violation is a failure to have in person any information or material required safety equipment on board; or that denies, explains, or mitigates the (3) The boarding officer notes three or more violations during one board- violations noted in the warning. ing. (14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 (c) Each district office maintains a Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46 (b), (m), record of each written warning issued and (n)(1)) within that district for a period of not [CGD 74–155, 41 FR 17894, Apr. 29, 1976, as more than one year after date of issue amended by CGD 77–182, 43 FR 22657, May 25, except in cases involving violations of 1978; USCG–2006–25150, 71 FR 39208, July 12, 33 CFR part 159 marine sanitation de- 2006; USCG–2006–24371, 74 FR 11211, Mar. 16, vices, records of which are maintained 2009]

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Subpart 1.10—Public Availability Subpart 1.20—Testimony by Coast of Information Guard Personnel and Produc- tion of Records in Legal Pro- AUTHORITY: 5 U.S.C. 552, 14 U.S.C. 633, sec. ceedings 6(b)(1), 80 Stat. 937 (49 U.S.C. 1655(b)(1)); 49 CFR 1.46(b). AUTHORITY: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49 CFR 1.46 and part 9. SOURCE: CGD–73–54R, 38 FR 12396, May 11, 1973, unless otherwise noted. § 1.20–1 Testimony by Coast Guard personnel and production of § 1.10–1 Official records and docu- records. ments. (a) The regulations in 49 CFR part 9 Identifiable records and documents of apply to the testimony of Coast Guard the Coast Guard are made available to personnel, production of Coast Guard the public in accordance with the De- records, and service of process in legal partment of Transportation regula- proceedings. tions contained in part 7 of title 49, (b) Except for the acceptance of serv- Code of Federal Regulations. ice of process or pleadings under paragraph (d) of this section and 49 CFR § 1.10–5 Public availability of records 9.19, the Legal Officer of each Mainte- and documents. nance and Logistics Command, each (a) Each person desiring to inspect a District Legal Officer, and the Legal record or document covered by this Officer assigned to any other Coast subpart that is located in Head- Guard unit or command, for matters quarters, or to obtain a copy of such a involving personnel assigned to their command, are delegated the functions record or document, must make a writ- of ‘‘agency counsel’’ described in 49 ten request to the Chief, Office of Infor- CFR part 9. mation Management (CG-61), U.S. (c) A request for a member or em- Coast Guard Headquarters, 2100 2nd St. ployee of the Coast Guard to testify, or SW., Stop 7101, Washington, DC 20593– for permission to interview such a 7101. member or employee, should be made (b) Each person desiring to inspect a to the Legal officer serving the com- record or document covered by this mand to which that member or em- subpart that is located in a Coast ployee is assigned, or, if the member or Guard district, or to obtain a copy of employee is serving at Coast Guard such a record or document, must make Headquarters, or with a command re- a written request to the district com- ceiving legal services from the Judge mander in command of the district, or Advocate General and Chief Counsel, to the officer-in-charge of the appro- U.S. Coast Guard (CG–094), to the priate marine inspection zone. Coast Chief, Office of Claims and Litigation Guard districts and marine inspection (CG-0945). Should the member or employee no longer be employed by the zones are listed in part 3 of this chap- Coast Guard, and the testimony or inter. formation sought falls within the pro- (c) If the person making the request visions of 49 CFR part 9, the request does not know where in the Coast should be made to the District Legal Guard the record or document is lo- Officer serving the geographic area cated, he may send his request to the where the former member or employee Chief, Office of Information Manage- resides or, if no District Legal Officer ment (CG-61), at the address in para- has geographic responsibility, to the graph (a) of this section. Chief, Office of Claims and Litigation. (d) Process or pleadings in any legal [CGD–73–54R, 38 FR 12396, May 11, 1973, as amended by CGD 96–026, 61 FR 33662, June 28, proceeding concerning the Coast Guard 1996] may be served, at the option of the server, on the Judge Advocate General and Chief Counsel or the Deputy Judge Advocate General and Deputy Chief Counsel of the Coast Guard (CG–094)

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with the same effect as if served on the (1) A person who donated the original Commandant of the Coast Guard. The document. official accepting the service under (2) A person who has an official, vol- this section acknowledges the service untary or cooperative relationship to and takes further action as appro- the Coast Guard in rendering services priate. promoting safety of life and property. (80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, (3) Any agency, corporation or as amended, sec. 9, 80 Stat. 944; 5 U.S.C. 552, branch of the Federal Government. 14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49 U.S.C. (4) A person found guilty by an ad- 1657 (a) and (e); 49 CFR 1.46, and part 9) ministrative law judge receives one [CGFR 71–30, 36 FR 8732, May 12, 1971, as copy of the transcript of the hearing if amended by CGD 95–057, 60 FR 34150, June 30, he: 1995; USCG–1998–3799, 63 FR 35525, June 30, (i) Files a notice of appeal, under 46 1998] CFR 5.30–1; and (ii) Requests a copy of the transcript. Subpart 1.25—Fees and Charges (5) A person who has been required to for Certain Records and Services furnish personal documents retained by the Coast Guard.

AUTHORITY: 5 U.S.C. 552; 14 U.S.C. 633; 49 (6) For other exceptions see 49 CFR CFR 1.46. 7.97. SOURCE: CGFR 67–13, 32 FR 11211, Aug. 2, (31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR 1967, unless otherwise noted. 1.46(b)) [CGFR 67–13, 32 FR 11211, Aug. 2, 1967, as § 1.25–1 Purpose. amended by CGD 76–124, 42 FR 23507, May 9, (a) The regulations in this subpart 1977] established fees and charges which shall be imposed by the Coast Guard § 1.25–40 Fees for services for the pub- for making copies or excerpts of infor- lic. mation or records, and for issuing cer- The fees for services performed for tain duplicate merchant mariner cre- the public, as prescribed in sections dentials, merchant mariner documents, 552(a) (2) and (3) of title 5, United licenses or certificates. States Code, by the Department of (b) These fees and charges are im- Transportation are in subpart I of title posed as required by Title V of the 49, Code of Federal Regulations. The Independent Offices Appropriation Act fee schedule for these services is con- of 1952 (Sec. 501, 65 Stat. 290, 31 U.S.C. tained in 49 CFR 7.95. The applicable 483a). This Act states that it is the fees are imposed and collected by the sense of Congress that fees and charges Coast Guard as prescribed in 49 CFR shall be charged for services rendered 7.93. the public by Federal agencies in order that such services may be performed on (Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR a self-sustaining basis to the fullest ex- 1.46(b)) tent possible. [CGD 72–62R, 37 FR 20166, Sept. 27, 1972; 37 FR [CGFR 67–13, 32 FR 11211, Aug. 2, 1967, as 21481, Oct. 12, 1972, as amended by 40 FR amended by USCG–2006–24371, 74 FR 11211, 23743, June 2, 1975; CGD 77–065, 42 FR 31169, Mar. 16, 2009] June 20, 1977; CGD 89–085, 55 FR 23930, June 13, 1990; CGD 91–002, 58 FR 15236, Mar. 19, 1993] § 1.25–30 Exceptions. (a) The general policies and instruc- § 1.25–45 Special admeasurement serv- tions of the Bureau of the Budget ices. specify when certain services as spe- If an admeasurer is assigned to meas- cifically described in this subpart will ure or certify the tonnage of a vessel at be furnished without charge. the request of the owner thereof at a (b) The fees and charges prescribed in place other than a port of entry, a cus- this subpart are not applicable when tom station, or port where an officer- requested by, or furnished to, the fol- in-charge, marine inspection, is lo- lowing persons, or under the following cated, the owner shall pay the circumstances: admeasurer’s:

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(a) Pay based on the hourly rate for Subpart 1.26—Charges for Dupli- the grade or level of position held or cate Medals, and Sales of the daily military compensation rate, Personal Property, Equipment as appropriate; or Services and Rentals (b) Travel expense based on the estimated cost of travel from and return to the nearest port of entry, customs sta- AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(k). tion, or office of an officer-in-charge, SOURCE: CGFR 67–13, 32 FR 11211, Aug. 2, marine inspection; and 1967, unless otherwise noted. (c) Daily subsistence expense from the time he leaves his official duty sta- § 1.26–1 Purpose. tion until he returns thereto. (a) The regulations in this subpart establish charges which shall be im- (Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. posed by the Coast Guard when the 937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR Coast Guard sells supplies, equipment, 1.46(b)) apparatus, temporary shelter, and serv- [CGD 72–62R, 37 FR 20166, Sept. 27, 1972] ices under certain specified conditions as authorized by law. § 1.25–48 Oceanographic research. (b) These sales are intended to permit (a) Each person allowed by the Coast repayment of costs involved in those Guard to join a Coast Guard voyage for instances which are ordinarily outside the purpose of oceanographic research the scope of those distress services is charged the cost of each meal that with which the Coast Guard is pri- he consumes while on board the Coast marily concerned (14 U.S.C. 88), or the Guard vessel. equipment and apparatus are not read- (b) The person, company, association, ily procurable in the open market. or government agency engaging a Coast Guard vessel for an oceano- § 1.26–5 Replacement of medals. graphic research study is charged the (a) A medal, or a bar, emblem, or in- daily cost of operating the vessel. signia in lieu thereof, that is lost, destroyed, or rendered unfit for use with- (Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. out fault or neglect on the part of the 937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR person to whom it was awarded by the 1.46(b)) Coast Guard is replaced without charge [CGD 72–62R, 37 FR 20167, Sept. 27, 1972] by the Coast Guard as authorized in 14 U.S.C. 501. § 1.25–80 Payment of fees, charges or (b) A medal, a bar, emblem or insig- sales. nia in lieu thereof, that is lost, de- (a) The payment of fees and charges stroyed, or rendered unfit for use due must be made by postal money order or to the fault or neglect of the person to check payable to the ‘‘Treasurer of the whom it was awarded, is replaced after United States’’ or ‘‘U.S. Coast Guard,’’ the Coast Guard is reimbursed for its and sent to the office of the Coast cost. Current prices may be obtained Guard performing the service or fur- from Commandant (CG–1221) 2nd St. nishing or delivering the record, docu- SW., Stop 7801, Washington, DC 20593– ment, or certificate. If copy is to be 7801. transmitted by registered, air, or spe- (Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat. cial delivery mail, postal fees therefor 937; 14 U.S.C. 501, 633; 49 U.S.C. 1655(b)(1); 49 will be added to fees provided in this CFR 1.46(b)) subpart (or the order must include [CGD 72–207R, 37 FR 25167, Nov. 28, 1972 as postage stamps or stamped return en- amended by CGD 85–077, 51 FR 25366, July 14, velopes). 1986; CGD 96–026, 61 FR 33662, June 28, 1996] (b) The fee is payable in advance. § 1.26–10 Sales to Coast Guard Auxil- [CGFR 67–13, 32 FR 11211, Aug. 2, 1967] iary. (a) The provisions of Title 14, U.S. Code, section 891, authorizes the Coast

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Guard to furnish the Coast Guard Aux- (c) Sales to vessels and other watercraft. iliary such items as flags, pennants, (1) The charges imposed for services uniforms, and insignia at actual cost. are intended to permit repayment of (b) Sales of the following items (when costs involved in those instances where available) are permitted to members of supplies and services are furnished to the Auxiliary: meet the necessities of the cir- (1) Auxiliary flags and pennants. cumstances, and such vessels or (2) Uniforms. watercraft are not within the scope of (3) Auxiliary insignia. those distress services performed by (Sec. 891, 63 Stat. 557 (14 U.S.C. 891)). the Coast Guard. (2) Charges for sales of supplies and/ § 1.26–15 Sales of nonexcess personal or furnishing of services are considered property and services. appropriate when the furnishing of (a) Authority. The provisions of Title food, fuel, general stores, or repairs to 14, U.S. Code, section 641(b), authorizes the vessel or its equipage are primarily the Coast Guard to sell apparatus or for the convenience of the owner, mas- equipment manufactured by or in use ter, or crew, and furnished at his or in the Coast Guard, which is not read- their request. It is not intended and ily procurable in the open market. The the Coast Guard does not procure and provisions of Title 14, U.S. Code, sec- stock equipment and supplies except as tion 654 (Pub. L. 86–159 approved Aug. provided for in current instructions 14, 1959), authorize the Coast Guard to issued by competent authority. sell supplies and furnish services to (3) Supplies provided and services public and commercial vessels, and performed will be of a limited nature other watercraft. 49 U.S.C. 44502(d) au- consistent with the situation and with- thorizes the Coast Guard to provide for in the capabilities of the Coast Guard assistance, the sale of fuel, oil, equip- unit concerned; provided this will not ment, and supplies, to an aircraft when be in competition with commercial en- necessary to allow the aircraft to con- terprise when such facilities are avail- tinue to the nearest private airport. able and deemed adequate. It is not in- (b) Charges established by District Com- tended to permit the operators of ves- mander. The charges for supplies and sels or watercraft to take advantage of services which may be normally ex- the Government by demanding free pected to be furnished to persons, cor- supplies or services. Determination as porations, companies, vessels, and other watercraft, and non-Federal air- to whether charges will be made is de- craft will vary between various geo- pendent upon the circumstances in- graphical regions depending on local volved in each instance. The responsi- circumstances. The District Com- bility to make this determination rests mander is hereby delegated authority with the District Commander who may to prescribe and he shall establish, in delegate it to his subordinates. advance wherever practicable, the (4) The minimum charge for any sup- charges to be imposed and collected in plies or services furnished to a vessel various areas under his jurisdiction, or other watercraft shall be $10. The which will be in accordance with the prices for fuels and materials which applicable general minimum terms and may be sold will be at Coast Guard cost conditions in the laws and this section. plus 20 percent or, if readily deter- In those cases where the charges have minable, at the commercial price in not been established in advance, the the immediate operating area, which- matter shall be priced on an individual ever is higher. The charges for services basis, taking into consideration the furnished a vessel or watercraft will be facts and circumstances regarding the an average cost equal to the full price, situation. The list(s) of charges estab- plus taxes, that a boat owner would lished by the District Commander shall pay a local commercial concern for be available for reading and copying at such services. the office of the issuing District Com- mander, which list(s) will be up-dated (5) The sales of supplies and services and reissued when necessary. will be documented and will set forth

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the name, type, and identifying num- of the pilot, provided the necessary fa- ber of the vessel or watercraft receiv- cilities are available. No such aircraft ing supplies or services; name and ad- will be given a major or minor over- dress of vessel’s owner; and conditions haul. Damaged aircraft may be stored under which it was determined to make in its original damaged condition. If a sale to the vessel or watercraft. aircraft requires extensive repairs, Wherever possible, payment shall be such as would include the replacing of obtained at the time supplies and serv- major parts and such major parts can- ices are furnished. not be made available or supplied with- (d) Sales of equipment not readily pro- in a reasonable length of time by the curable on the open market. Charges im- operator of such aircraft, then the air- posed for sales of apparatus and equip- craft must be removed from the Coast ment manufactured by or in use in the Guard reservation by the operator Coast Guard which, in the opinion of the Commandant (CG-9), is not readily without delay. procurable in the open market, are sub- (3) The Government will not assume ject to the following conditions: any responsibility for any loss or dam- (1) The apparatus or equipment has age incurred by such aircraft while on not been reported as excess to the Gen- a Coast Guard reservation and the eral Services Administration (if so re- owner shall be required to remove the ported, requests to purchase will be aircraft from the reservation at the submitted by the Commandant (CG-9) earliest practicable date. to the General Services Administra- (4) Storage charges for such aircraft tion); and, on a Coast Guard reservation shall be (2) The apparatus or equipment is not as follows: classified for security reasons or is not (i) For the first 6 working days, no dangerous to the public health and charge; safety; and, (ii) For each calendar day thereafter, (3) The authorized buyers of this ap- $3 for a single motor plane and $5 for a paratus or equipment are foreign, dual or multiengine plane. State, or municipal governments or (5) In the absence of any information governmental units thereof; parties re- to the contrary regarding a particular quired to maintain private aids to navigation; contractors engaged on item or material, the price at which public works; and in other cases in the item is carried in stock, or on the which, in the judgment of the Com- Plant Property Record (book price) mandant (FS), the public interest may will be regarded as the fair market be served; and, value. (4) The approved sales will be at (6) When materials or services or prices determined by the Commandant both materials and services are fur- (CG-9), which will include an overhead nished an aircraft, a deposit equal to charge not to exceed 25 percent of ac- the estimated value of such services quisition cost. and materials as will be required shall (e) Sales to and storage of non-Federal be obtained in advance of the rendition aircraft. (1) Activities having the nec- of the services and issuance of the ma- essary supplies and facilities are au- terials. thorized to furnish fuel, oil, equipment, (7) The charges for mechanical serv- supplies, mechanical services, tem- ices rendered (other than in connection porary storage, or other assistance to with the arrival, refueling, and depar- any aircraft operated by State, munic- ture of airplanes) shall be an hourly ipal, or private enterprise in emer- charge for labor, with a minimum of 1 gency cases. Complete engines, air- hour, which shall be the equivalent to plane wings, or other major items of the schedule of wage rates for civilian equipment shall not be furnished without prior authority from the Com- mandant. (2) Aircraft damaged to the extent that major repairs are required may be given emergency storage at the request

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personnel for the district (i.e., machin- PART 2—JURISDICTION ists, helpers, etc.), regardless of whether the services are performed by en- Subpart A—General listed or civilian personnel. Sec. (Sec. 1107, 72 Stat. 798, as amended; sec. 641, 2.1 Purpose. 63 Stat. 547, as amended; sec. 1, 73 Stat. 357; 2.5 Specific definitions control. 49 U.S.C. 1507; 14 U.S.C. 641(b), 654) Subpart B—Jurisdictional Terms [CGFR 67–13, 32 FR 11211, Aug. 2, 1967, as amended by USCG–1998–3799, 63 FR 35525, 2.20 Territorial sea baseline. June 30, 1998] 2.22 Territorial sea. 2.24 Internal waters. § 1.26–20 Sales to eligible foreign gov- 2.26 Inland waters. ernments. 2.28 Contiguous zone. 2.30 Exclusive Economic Zone. (a) Policy of United States. The Con- 2.32 High seas. gressional policy is set forth in Title 2.34 Waters subject to tidal influence; wa- 22, U.S. Code, section 2351. The Execu- ters subject to the ebb and flow of the tive Order No. 10973 dated November 3, tide; mean high water. 1961 (26 FR 10469), describes the admin- 2.36 Navigable waters of the United States, istration of foreign assistance and re- navigable waters, territorial waters. lated functions. 2.38 Waters subject to the jurisdiction of the United States; waters over which the (b) Diplomatic transactions. Sales of United States has jurisdiction. Coast Guard material under reimbursable aid will be by direction of the Subpart C—Availability of Jurisdictional Commandant (CG-9) and as approved by Decisions the Office of the Chief of Naval Oper- 2.40 Maintenance of decisions. ations. Reimbursable aid transactions 2.45 Decisions subject to change or modi- are diplomatic transactions and are ne- fication and availability of lists and gotiated primarily between the respec- charts. tive foreign military attache´ or other AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 1222; representatives of their embassy in Pub. L. 89–670, 80 Stat. 931, 49 U.S.C. 108; Pub. Washington, DC, and the Office of the L. 107–296, 116 Stat. 2135, 2249, 6 U.S.C. 101 Chief of Naval Operations. Prices will note and 468; Department of Homeland Secu- be based on material cost only and es- rity Delegation No. 0170.1. timates will not include packing, crat- SOURCE: USCG–2001–9044, 68 FR 42598, July ing, and handling or transportation 18, 2003, unless otherwise noted. costs. Under reimbursable aid, transportation costs are borne by the pur- Subpart A—General chasing country and shipments are usually accomplished on collect com- § 2.1 Purpose. mercial bills of lading. (a) The purpose of this part is to define terms the Coast Guard uses in reg- § 1.26–25 Payment of charges. ulations, policies, and procedures, to (a) The payment of charges shall be determine whether it has jurisdiction by postal money order or check pay- on certain waters in cases where spe- able to ‘‘U.S. Coast Guard,’’ and given cific jurisdictional definitions are not or sent to the office of the Coast Guard otherwise provided. performing the service or furnishing (b) Figure 2.1 is a visual aid to assist the supplies, equipment, etc. you in understanding this part.

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§ 2.5 Specific definitions control. contained in this part, the former definition controls. In cases where a particular statute, regulation, policy or procedure pro- NOTE TO § 2.5: For example, the definition vides a specific jurisdictional defini- of ‘‘inland waters’’ in the Inland Naviga- tion that differs from the definitions tional Rules Act of 1980 (33 U.S.C. 2003(o)) would control the interpretation of inland

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navigation rules created under that Act and jacent to the coast of the United States the ‘‘inland waters’’ definition in 46 CFR and seaward of the territorial sea base- 10.103 would control regulations in 46 CFR line. part 10. Also, in various laws administered and enforced by the Coast Guard, the terms (2) Unless otherwise specified in para- ‘‘State’’ and ‘‘United States’’ are defined to graph (a)(1) of this section, territorial include some or all of the territories and pos- sea means the waters, 3 nautical miles sessions of the United States. The definitions wide, adjacent to the coast of the in §§ 2.36 and 2.38 should be considered as sup- United States and seaward of the terri- plementary to these statutory definitions torial sea baseline. and not as interpretive of them. (3) In cases where regulations are promulgated under the authority of Subpart B—Jurisdictional Terms statutes covered by both paragraphs (a)(1) and (a)(2) of this section, the § 2.20 Territorial sea baseline. Coast Guard may use the definition of Territorial sea baseline means the line territorial sea in paragraph (a)(1) of defining the shoreward extent of the this section. territorial sea of the United States (b) With respect to any other nation, drawn according to the principles, as territorial sea means the waters adja- recognized by the United States, of the cent to its coast that have a width and Convention on the Territorial Sea and baseline recognized by the United the Contiguous Zone, 15 U.S.T. 1606, States. and the 1982 United Nations Conven- [USCG–2001–9044, 68 FR 42598, July 18, 2003, as tion on the Law of the Sea (UNCLOS), amended by USCG–2003–14792, 68 FR 60470, 21 I.L.M. 1261. Normally, the territorial Oct. 22, 2003] sea baseline is the mean low water line along the coast of the United States. § 2.24 Internal waters. NOTE TO § 2.20: Charts depicting the terri- (a) With respect to the United States, torial sea baseline are available for examination in accordance with § 1.10–5 of this chap- internal waters means the waters shore- ter. ward of the territorial sea baseline. (b) With respect to any other nation, § 2.22 Territorial sea. internal waters means the waters shore- (a) With respect to the United States, ward of its territorial sea baseline, as the following apply— recognized by the United States. (1) Territorial sea means the waters, 12 § 2.26 Inland waters. nautical miles wide, adjacent to the coast of the United States and seaward Inland waters means the waters of the territorial sea baseline, for— shoreward of the territorial sea base- (i) Statutes included within subtitle line. II and subtitle VI, title 46, U.S.C.; the Ports and Waterways Safety Act, as § 2.28 Contiguous zone. amended (33 U.S.C. 1221–1232); the Act (a) For the purposes of the Federal of June 15, 1917, as amended (50 U.S.C. Water Pollution Control Act (33 U.S.C. 191–195); and the Vessel Bridge-to- 1251 et seq.), contiguous zone means the Bridge Radiotelephone Act (33 U.S.C. zone, 9 nautical miles wide, adjacent to 1201–1208), and any regulations issued and seaward of the territorial sea, as under the authority of these statutes. defined in § 2.22(a)(2), that was declared (ii) Purposes of criminal jurisdiction to exist in Department of State Public pursuant to Title 18, United States Notice 358 of June 1, 1972 and that ex- Code. tends from 3 nautical miles to 12 nau- (iii) The special maritime and terri- tical miles as measured from the territorial jurisdiction as defined in 18 torial sea baseline. U.S.C. 7. (b) For all other purposes, contiguous (iv) Interpreting international law. zone means all waters within the area (v) Any other treaty, statute, or reg- adjacent to and seaward of the terri- ulation, or amendment thereto, inter- torial sea, as defined in § 2.22(a), and ex- preted by the Coast Guard as incor- tending to 24 nautical miles from the porating the definition of territorial territorial sea baseline, but in no case sea as being 12 nautical miles wide, ad- extending within the territorial sea of

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another nation, as declared in Presi- States and other nations, as well as dential Proclamation 7219 of Sep- those waters that are seaward of terri- tember 2, 1999 (113 Stat. 2138). torial seas of the United States and other nations. § 2.30 Exclusive Economic Zone. (d) Under customary international (a) With respect to the United States, law as reflected in the 1982 United Na- including the Commonwealth of Puerto tions Convention on the Law of the Sea Rico, the Commonwealth of the North- and without prejudice to high seas free- ern Mariana Islands, Guam, American doms that may be exercised within ex- Samoa, the United States Virgin Is- clusive economic zones pursuant to ar- lands, and any other territory or pos- ticle 58 of the United Nations Conven- session over which the United States tion on the Law of the Sea, and unless exercises sovereignty, exclusive eco- the context clearly requires otherwise nomic zone means the zone seaward of (e.g., The International Convention Re- and adjacent to the territorial sea, as lating to Intervention on the High Seas defined in § 2.22(a), including the con- in Cases of Oil Pollution Casualties, tiguous zone, and extending 200 nau- 1969, including annexes thereto), high tical miles from the territorial sea seas means all waters that are not the baseline (except where otherwise lim- exclusive economic zone (as defined in ited by treaty or other agreement rec- § 2.30), territorial sea (as defined in ognized by the United States) in which § 2.22), or internal waters of the United the United States has the sovereign States or any other nation. rights and jurisdiction and all nations have the high seas freedoms mentioned [USCG–2001–9044, 68 FR 42598, July 18, 2003, as in Presidential Proclamation 5030 of amended by USCG–2007–27887, 72 FR 45902, March 10, 1983. Aug. 16, 2007] (b) Under customary international law as reflected in Article 55 of the 1982 § 2.34 Waters subject to tidal influence; waters subject to the ebb and flow United Nations Convention on the Law of the tide; mean high water. of the Sea, and with respect to other nations, exclusive economic zone means (a) Waters subject to tidal influence and the waters seaward of and adjacent to waters subject to the ebb and flow of the the territorial sea, not extending be- tide are waters below mean high water. yond 200 nautical miles from the terri- These terms do not include waters torial sea baseline, as recognized by above mean high water caused by flood the United States. flows, storms, high winds, seismic waves, or other non-lunar phenomena. [USCG–2001–9044, 68 FR 42598, July 18, 2003, as (b) Mean high water is the average of amended by USCG–2012–0306, 77 FR 37309, June 21, 2012] the height of the diurnal high water at a particular location measured over a § 2.32 High seas. lunar cycle of 19 years. (a) For purposes of special maritime § 2.36 Navigable waters of the United and territorial jurisdiction of the States, navigable waters, and terri- United States as defined in 18 U.S.C. 7, torial waters. high seas means all waters seaward of the territorial sea baseline. (a) Except as provided in paragraph (b) For the purposes of section 2 of (b) of this section, navigable waters of the Act of February 19, 1895, as amend- the United States, navigable waters, and ed (33 U.S.C. 151) and the Inland Navi- territorial waters mean, except where gational Rules Act of 1980 (33 U.S.C. Congress has designated them not to be Chapter 34), high seas means the waters navigable waters of the United States: seaward of any lines established under (1) Territorial seas of the United these statutes, including the lines de- States; scribed in part 80 of this chapter and 46 (2) Internal waters of the United CFR part 7. States that are subject to tidal influ- (c) For the purposes of 14 U.S.C. 89(a), ence; and 14 U.S.C. 86, 33 U.S.C. 409, and 33 U.S.C. (3) Internal waters of the United 1471 et seq., high seas includes the exclu- States not subject to tidal influence sive economic zones of the United that:

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(i) Are or have been used, or are or Subpart C—Availability of have been susceptible for use, by them- Jurisdictional Decisions selves or in connection with other waters, as highways for substantial inter- § 2.40 Maintenance of decisions. state or foreign commerce, notwith- (a) From time to time, the Coast standing natural or man-made obstruc- Guard makes navigability determinations that require portage, or tions of specific waterways, or portions (ii) A governmental or non-govern- thereof, in order to determine its juris- mental body, having expertise in wa- diction on those waterways. Copies of terway improvement, determines to be these determinations are maintained capable of improvement at a reason- by the District Commander in whose able cost (a favorable balance between district the waterway is located. cost and need) to provide, by them- (b) If the district includes portions of selves or in connection with other wa- the territorial sea, charts reflecting ters, as highways for substantial inter- Coast Guard decisions as to the loca- state or foreign commerce. tion of the territorial sea baseline for (b) Navigable waters of the United the purposes of Coast Guard jurisdic- States and navigable waters, as used in tion are maintained by the District sections 311 and 312 of the Federal Commander in whose district the por- Water Pollution Control Act, as tion of the territorial sea is located. amended, 33 U.S.C. 1321 and 1322, mean: (1) Navigable waters of the United § 2.45 Decisions subject to change or States as defined in paragraph (a) of modification and availability of lists and charts. this section and all waters within the United States tributary thereto; and The determinations referred to in (2) Other waters over which the Fed- § 2.40 are subject to change or modifica- eral Government may exercise Con- tion. The determinations are made for stitutional authority. Coast Guard use at the request of Coast Guard officials. Determinations made § 2.38 Waters subject to the jurisdic- or subsequently changed are available tion of the United States; waters to the public under § 1.10–5(b) of this over which the United States has chapter. Inquiries concerning whether jurisdiction. a determination has been made for spe- Waters subject to the jurisdiction of the cific waters, for the purposes of Coast United States and waters over which the Guard jurisdiction, should be directed United States has jurisdiction mean the to the District Commander of the dis- following waters— trict in which the waters are located. (a) Navigable waters of the United States, as defined in § 2.36(a). PART 3—COAST GUARD AREAS, (b) Waters, other than those under DISTRICTS, SECTORS, MARINE IN- paragraph (a) of this section, that are SPECTION ZONES, AND CAPTAIN located on lands for which the United OF THE PORT ZONES States has acquired title or controls and— Subpart 3.01—General Provisions (1) Has accepted jurisdiction according to 40 U.S.C. 255; or Sec. 3.01–1 General description. (2) Has retained concurrent or exclu- 3.01–5 Assignment of functions. sive jurisdiction from the date that the State in which the lands are located Subpart 3.04—Coast Guard Areas entered the Union. (c) Waters made subject to the juris- 3.04–1 Atlantic Area. diction of the United States by oper- 3.04–3 Pacific Area. ation of the international agreements and statutes relating to the former Subpart 3.05—First Coast Guard District Trust Territory of the Pacific Islands, 3.05–1 First district. and waters within the territories and 3.05–10 Sector Boston Marine Inspection possessions of the United States. Zone and Captain of the Port Zone.

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3.05–15 Sector Northern New England Ma- Subpart 3.45—Ninth Coast Guard District rine Inspection Zone and Captain of the Port Zone. 3.45–1 Ninth district. 3.05–20 Sector Southeastern New England 3.45–10 Sector Buffalo Marine Inspection Marine Inspection Zone and Captain of Zone and Captain of the Port Zone. the Port Zone. 3.45–15 Sector Lake Michigan Marine In- 3.05–30 Sector New York Marine Inspection spection Zone and Captain of the Port Zone and Captain of the Port Zone. Zone. 3.05–35 Sector Long Island Sound Marine In- 3.45–20 Sector Detroit Marine Inspection spection Zone and Captain of the Port Zone and Captain of the Port Zone. Zone. 3.45–45 Sector Sault Ste. Marie Marine In- spection Zone and Captain of the Port Subpart 3.25—Fifth Coast Guard District Zone; Marine Safety Unit Duluth. 3.25–1 Fifth district. Subpart 3.55—Eleventh Coast Guard 3.25–05 Sector Delaware Bay Marine Inspec- tion Zone and Captain of the Port Zone. District 3.25–10 Sector Hampton Roads Marine In- 3.55–1 Eleventh district. spection Zone and Captain of the Port 3.55–10 Sector Los Angeles-Long Beach Ma- Zone. rine Inspection Zone and Captain of the 3.25–15 Sector Baltimore Marine Inspection Port Zone. Zone and Captain of the Port Zone. 3.55–15 Sector San Diego Marine Inspection 3.25–20 Sector North Carolina Marine In- Zone and Captain of the Port Zone. spection Zone and Captain of the Port Zone. 3.55–20 Sector San Francisco: San Francisco Bay Marine Inspection Zone and Captain Subpart 3.35—Seventh Coast Guard District of the Port Zone.

3.35–1 Seventh district. Subpart 3.65—Thirteenth Coast Guard 3.35–10 Sector Miami Marine Inspection District Zone and Captain of the Port Zone. 3.35–15 Sector Charleston Marine Inspection 3.65–1 Thirteenth district. Zone and Captain of the Port Zone; Ma- 3.65–10 Sector Puget Sound Marine Inspec- rine Safety Unit Savannah. tion Zone and Captain of the Port Zone. 3.35–20 Sector Jacksonville Marine Inspec- 3.65–15 Sector Columbia River Marine In- tion Zone and Captain of the Port Zone. spection Zone and Captain of the Port 3.35–25 Sector San Juan Marine Inspection Zone. Zone and Captain of the Port Zone. 3.35–35 Sector St. Petersburg Marine Inspec- Subpart 3.70—Fourteenth Coast Guard tion Zone and Captain of the Port Zone. District 3.35–40 Sector Key West Marine Inspection Zone and Captain of the Port Zone. 3.70–1 Fourteenth district. 3.70–10 Sector Honolulu Marine Inspection Subpart 3.40—Eighth Coast Guard District Zone and Captain of the Port Zone. 3.70–15 Sector Guam Marine Inspection 3.40–1 Eighth district. Zone and Captain of the Port Zone. 3.40–10 Sector Mobile Marine Inspection 3.70–20 Activities Far East Marine Inspec- Zone and Captain of the Port Zone. tion Zone. 3.40–15 Sector New Orleans Marine Inspec- tion Zone and Captain of the Port Zone; Subpart 3.85—Seventeenth Coast Guard Marine Safety Unit Morgan City. District 3.40–28 Sector Houston-Galveston Marine Inspection Zone and Captain of the Port 3.85–1 Seventeenth district. Zone; Marine Safety Unit Port Arthur. 3.85–10 Sector Juneau: Southeast Alaska 3.40–35 Sector Corpus Christi Marine Inspec- Marine Inspection Zone and Captain of tion Zone and Captain of the Port Zone. the Port Zones. 3.40–40 Sector Upper Mississippi River Ma- 3.85–15 Sector Anchorage: Western Alaska rine Inspection Zone and Captain of the Marine Inspection Zone and Captain of Port Zone. the Port Zones; Marine Safety Unit 3.40–60 Sector Lower Mississippi River Ma- Valdez: Prince William Sound Marine In- rine Inspection Zone and Captain of the spection and Captain of the Port Zones. Port Zone. 3.40–65 Sector Ohio Valley Marine Inspec- AUTHORITY: 14 U.S.C. 92; Pub. L. 107–296, 116 tion Zone and Captain of the Port Zone; Stat. 2135; Department of Homeland Security Marine Safety Unit Pittsburgh. Delegation No. 0170.1, para. 2(23).

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Subpart 3.01—General Provisions mander is responsible for all Coast Guard missions within the sector’s § 3.01–1 General description. area of responsibility. The Sector Com- (a) The Coast Guard’s general organi- mander’s authorities include Search zation for the performance of its as- and Rescue Mission Coordinator, Fed- signed functions and duties consists of eral Maritime Security Coordinator, the Commandant, assisted by the Head- Federal On-Scene Coordinator, and, in quarters staff, two Area Offices to act most Sectors, Officer in Charge Marine as intermediate echelons of operational Inspection (OCMI) and Captain of the command, and District and Sector Of- Port (COTP). In his or her capacities as fices to provide regional direction and OCMI and COTP, the Sector Com- coordination. Area, District, and Sec- mander is responsible for a Marine In- tor offices operate within defined geo- spection Zone and COTP Zone. graphical areas of the United States, (2) In some Sectors, a Marine Safety its territories, and possessions, includ- Unit (MSU) retains OCMI and COTP ing portions of the high seas adjacent authority over a designated portion of thereto. They are established by the the Sector’s area of responsibility. In Commandant and their areas of respon- such cases, OCMI and COTP authority sibility are described in this part. is exercised by the MSU Commander, (b)(1) The two Coast Guard Areas are not the Sector Commander. The appeal the Atlantic Area and the Pacific Area. of a COTP order or OCMI matter is A Coast Guard Area Commander is in routed from the MSU Commander command of a Coast Guard Area. The through the Sector Commander and Atlantic Area Office is collocated with then to the District Commander. the Fifth Coast Guard District Office. (e) An OCMI is in command of a Ma- The Pacific Area Office is collocated rine Inspection Zone and his or her of- with the Eleventh Coast Guard District fice may be referred to as a Coast Office. Area Commanders are respon- Guard Marine Inspection Office. The sible for determining when operational OCMI’s duties are described in § 1.01–20 matters require the coordination of of this subchapter. forces and facilities of more than one (f) A COTP is in command of a COTP district. Zone and his or her office may be re- (2) For search and rescue (SAR) mis- ferred to as a COTP Office. The COTP’s sion execution in the Atlantic Area, duties are described in § 1.01–30 of this Districts may execute SAR missions to subchapter. the full extent of the Area’s Search and (g) Each COTP Zone and each Marine Rescue Region (SRR). Under this plan, Inspection Zone described in this part Districts in the Atlantic Area will as- also includes the United States terri- sume SAR Coordinator responsibilities torial seas adjacent to the described and will act as SAR Mission Coordi- area or zone for the purpose of enforc- nator for any case prosecuted within ing or acting pursuant to a statute ef- their expanded regions. The exact co- fective in the United States territorial ordinates of Atlantic Area’s SRR can seas. Each COTP Zone and each Marine be found in the United States National Inspection Zone described in this part Search and Rescue Supplement to the also includes the contiguous zone adja- International Aeronautical and Mari- cent to the area or zone for the purpose time Search and Rescue Manual. of enforcing or acting pursuant to a (c) A Coast Guard District Com- statute effective in the contiguous mander is in command of a Coast zone, as defined in § 2.28 of this sub- Guard District and the District Com- chapter. Each COTP Zone and each Ma- mander’s office may be referred to as a rine Inspection Zone described in this Coast Guard District Office. The Dis- part also includes the exclusive eco- trict Commander’s duties are described nomic zone (EEZ) adjacent to the area in § 1.01–1 of this subchapter. for the purpose of enforcing or acting (d)(1) A Coast Guard Sector Com- pursuant to a statute effective in the mander is in command of a Coast EEZ, as defined in § 2.30 of this sub- Guard Sector and the Sector Com- chapter. mander’s office is referred to as a Coast (h) Geographic descriptions used in Guard Sector Office. The Sector Com- this part are based upon boundaries

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and points located using the WGS 1984 south along 95° W. longitude to the world grid system. When referenced, North American land mass; thence the outermost extent of the U.S. EEZ along the east coast of the North, Cen- is the line of demarcation produced by tral, and South American land mass to the National Oceanic and Atmospheric the intersection with 70° W. longitude; Administration (NOAA) using the NAD thence due south to the South Pole. 1983 coordinate system and projected to These waters extend east to the East- the WGS 1984 grid system. Both coordi- ern Hemisphere dividing line between nate systems are geocentric and simi- the Atlantic and Pacific Areas which lar such that they are Global Posi- lies along a line extending from the tioning System (GPS) compatible North Pole south along 100° E. lon- throughout the area of concern. Reso- gitude to the Asian land mass and lution is based upon ddmmss readings along a line extending from the South to tenths of a second. This corresponds Pole north along 17° E. longitude to the to a positional precision of about ±2 African land mass. meters. Decimal degrees to 5 decimal [CGFR 70–150, 36 FR 910, Jan. 20, 1971, as places correspond to a positional preci- amended by CGD 87–008, 52 FR 13083, Apr. 21, sion of about ±1 meter. State bound- 1987; CGD 96–025, 61 FR 29959, June 13, 1996] aries used to determine points for descriptions of jurisdictional limits were § 3.04–3 Pacific Area. based upon the National Transpor- (a) The Area Office is in Alameda, tation Atlas Database 2003 produced by CA. the Bureau of Transportation Statis- (b) The Pacific Area is comprised of tics. This data set was produced at a the land areas and the U.S. navigable scale of 1:100,000 and theoretically re- waters of the Eleventh, Thirteenth, sults in a nationwide locational accu- Fourteenth, and Seventeenth Coast ± racy of about 50 meters of true posi- Guard Districts and the ocean areas tion. lying west of a line extending from the [USCG–2006–25556, 72 FR 36318, July 2, 2007, as North Pole south along 95° W. lon- amended by USCG–2010–0351, 75 FR 36277, gitude to the North American land June 25, 2010] mass; thence along the west coast of the North, Central, and South Amer- § 3.01–5 Assignment of functions. ican land mass to the intersection with Section 888 of Pub. L. 107–296, 116 70° W. longitude; thence due south to Stat. 2135, authorizes the Commandant the South Pole. These waters extend of the Coast Guard to exercise certain west to the Eastern Hemisphere divid- functions, powers, and duties vested in ing line between the Atlantic and Pa- the Secretary of Homeland Security by cific Areas which lies along a line ex- law. The general statements of policy tending from the North Pole south in the rules describing Coast Guard or- along 100° E. longitude to the Asian ganization are prescribed pursuant to 5 land mass and along a line extending U.S.C. 552 (80 Stat. 383, as amended) from the South Pole north along 17° E. and 14 U.S.C. 633 (63 Stat. 545). longitude to the African land mass. [CGFR 70–150, 36 FR 910, Jan. 20, 1971, as [CGFR 70–150, 36 FR 910, Jan. 20, 1971, as amended by USCG–2003–14505, 68 FR 9534, amended by CGD 87–008, 52 FR 13084, Apr. 21, Feb. 28, 2003] 1987; CGD 96–025, 61 FR 29959, June 13, 1996]

Subpart 3.04—Coast Guard Areas Subpart 3.05—First Coast Guard District § 3.04–1 Atlantic Area. (a) The Area Office is in Portsmouth, § 3.05–1 First district. VA. (a) The District Office is in Boston, (b) The Atlantic Area is comprised of Massachusetts. the land areas and U.S. navigable wa- (b) The First Coast Guard District is ters of the First, Fifth, Seventh, comprised of: Maine; New Hampshire; Eighth and Ninth Coast Guard Dis- Vermont; Massachusetts; Rhode Island; tricts and the ocean areas lying east of Connecticut; New York except that a line extending from the North Pole part north of latitude 42° N. and west of

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longitude 74°39′ W; that part of New extent of the northern Massachusetts Jersey north of 40°18′ N. latitude, east boundary to the point of origin. of 74°30.5′ W. longitude, and northeast [USCG–2006–25556, 72 FR 36319, July 2, 2007] of a line from 40°18′ N. 74°30.5′ W. north- northwesterly to the New York, New § 3.05–15 Sector Northern New Eng- Jersey & Pennsylvania boundaries at land Marine Inspection Zone and Tristate; all U.S. Naval reservations on Captain of the Port Zone. shore at Newfoundland; the ocean area Sector Northern New England’s office encompassed by the Search and Rescue is located in Portland, ME. The bound- boundary between Canada and the aries of Sector Northern New England’s United States easterly to longitude 63° Marine Inspection Zone and Captain of W.; thence due south to latitude 41° N.; the Port Zone start at the boundary of thence southwesterly along a line bear- the Massachusetts-New Hampshire ing 219°T to the point of intersection at coast at latitude 42°52′20″ N, longitude 37° N. latitude, 67°13′ W. longitude with 70°49′02″ W; thence proceeding east to a line bearing 122°T from the New Jer- the outermost extent of the EEZ at a sey shoreline at 40°18′ N. latitude (just point latitude 42°52′18″ N, longitude south of the Shrewsbury River); thence 67°43′53″ W; thence proceeding north northwesterly along this line to the along the outermost extent of the EEZ coast. to the United States-Canadian bound- [CGFR 61–40, 26 FR 10344, Nov. 3, 1961, as ary; thence west along the United amended by CGD 87–008, 52 FR 13084, Apr. 21, States-Canadian boundary and along 1987; CGD 96–016, 61 FR 21958, May 13, 1996] the outermost extent of the EEZ to a point at latitude 44°59′58″ N, longitude § 3.05–10 Sector Boston Marine Inspec- 74°39′00″ W; thence south to latitude tion Zone and Captain of the Port 43°36′00″ N, longitude 74°39′00″ W; thence Zone. east through Whitehall, NY, to the New Sector Boston’s office is located in York-Vermont border at latitude Boston, MA. The boundaries of Sector 43°33′2.8″ N, longitude 73°15′01″ W; Boston’s Marine Inspection Zone and thence south along the Vermont Captain of the Port Zone start at the boundary to the Massachusetts bound- boundary of the Massachusetts-New ary at latitude 42°44′45″ N, longitude Hampshire coasts at latitude 42°52′20″ 73°15′54″ W; thence east along the entire N, long 70°49′02″ W; thence proceeding extent of the northern Massachusetts east to the outermost extent of the boundary to the point of origin. ° ′ ″ EEZ at a point latitude 42 52 18 N, lon- [USCG–2006–25556, 72 FR 36319, July 2, 2007] gitude 67°43′53″ W; thence southeast along the outermost extent of the EEZ § 3.05–20 Sector Southeastern New to a point at latitude 42°08′00″ N, lon- England Marine Inspection Zone gitude 67°08′17″ W; thence west to a and Captain of the Port Zone. point at latitude 42°08′00″ N, longitude Sector Southeastern New England’s 70°15′00″ W; thence southwest to the office is located in Providence, RI. The Massachusetts coast near Manomet boundaries of Sector Southeastern New Point at latitude 41°55′00″ N, longitude England’s Marine Inspection Zone and 70°33′00″ W; thence northwest to lati- Captain of the Port Zone start on the tude 42°04′00″ N, longitude 71°06′00″ W; Massachusetts coast at Manomet Point thence to the Massachusetts-Rhode Is- at latitude 41°55′00″ N, longitude land boundary at a point latitude 70°33′00″ W; thence northeast to lati- 42°01′08″ N, longitude 71°22′53″ W; thence tude 42°08′00″ N, longitude 70°15′00″ W; west along the southern boundary of thence east to the outermost extent of Massachusetts, except the waters of the EEZ at latitude 42°08′00″ N, lon- Congamond Lakes, to the Massachu- gitude 67°08′17″ W; thence south along setts-New York boundary at latitude the outermost extent of the EEZ to 42°02′59″ N, longitude 73°29′49″ W; thence latitude 38°24′45″ N, longitude 67°41′26″ north along the Massachusetts-New W; thence northwest to a point near York boundary to the Massachusetts- Watch Hill Light, RI, at latitude New York-Vermont boundaries at a 41°18′14″ N, longitude 71°51′30″ W; thence point latitude 42°44′45″ N, longitude northeast to Westerly, RI, at latitude 73°15′54″ W; thence east along the entire 41°21′00″ N, longitude 71°48′30″ W; thence

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north to latitude 41°25′00″ N, longitude Marine Inspection Zone and Captain of 71°48′00″ W; thence north along the Con- the Port Zone start near the south necticut-Rhode Island boundary, inshore of Long Island at latitude cluding the waters of Beach Pond, to 40°35′24″ N, longitude 73°46′36″ W pro- the Massachusetts boundary; thence ceeding northeast to latitude 40°40′00″ east along the Massachusetts-Rhode Is- N, longitude 73°40′00″ W; thence to lati- land boundary to the northeastern tude 40°52′30″ N, longitude 73°37′12″ W; most corner of Rhode Island; thence thence northwest to a point near the northeast to latitude 42°04′00″ N, lon- southern shore of Manursing Island at gitude 71°06′00″ W; thence southeast to latitude 40°58′00″ N, longitude 73°40′00″ the point of origin. W; thence north to the Connecticut- ° ′ ″ [USCG–2006–25556, 72 FR 36319, July 2, 2007] New York boundary at latitude 41 01 30 N, longitude 73°40′00″ W; thence north § 3.05–30 Sector New York Marine In- along the western boundary of Con- spection Zone and Captain of the necticut to the Massachusetts-Con- Port Zone. necticut boundary at latitude 42°02′59″ Sector New York’s office is located in N, longitude 73°29′15″ W; thence east New York City, NY. The boundaries of along the southern boundary of Massa- Sector New York’s Marine Inspection chusetts, including the waters of the Zone and Captain of the Port Zone Congamond Lakes, to the Rhode Island start near the south shore of Long Is- boundary at latitude 42°00′29″ N, lon- land at latitude 40°35′24″ N, longitude gitude 71°47′57″ W; thence south along 73°46′36″ W proceeding southeast to a the Connecticut-Rhode Island bound- point at latitude 38°28′00″ N, longitude ary, excluding the waters of Beach 70°11′00″ W; thence northwest to a point Pond, to latitude 41°24′00″ N, longitude near the New Jersey coast at latitude 71°48′00″ W; thence south to latitude 40°18′00″ N, longitude 73°58′40″ W; thence 41°21′00″ N, longitude 71°48′30″ W near west along latitude 40°18′00″ N to lon- Westerly, RI; thence southwest to a gitude 74°30′30″ W; thence northwest to point near Watch Hill Light, RI, at the intersection of the New York-New latitude 41°18′14″ N, longitude 71°51′30″ Jersey-Pennsylvania boundaries near W; thence southeast to the outermost Tristate at latitude 41°21′27″ N, lon- extent of the EEZ at a point latitude gitude 74°41′42″ W; thence northwest 38°24′45″ N, longitude 67°41′26″ W; thence along the east bank of the Delaware southwest along the outermost extent River to latitude 42°00′00″ N, longitude of the EEZ to a point latitude 37°56′50″ 75°21′28″ W; thence east to longitude N, longitude 69°18′15″ W; thence north- 74°39′00″ W; thence north to latitude west to latitude 38°28′00″ N, longitude 43°36′00″ N; thence east through White- 70°11′00″ W; thence northwest to the hall, NY, to the New York-Vermont point of origin. border at latitude 43°33′03″ N, longitude 73°15′01″ W; thence south along the New [USCG–2006–25556, 72 FR 36319, July 2, 2007] York boundary to latitude 41°01′30″ N, longitude 73°40′00″ W; thence south to a Subpart 3.25—Fifth Coast Guard point near the southern shore of District Manursing Island at latitude 40°58′00″ N, longitude 73°40′00″ W; thence south- § 3.25–1 Fifth district. easterly to latitude 40°52′30″ N, lon- (a) The District Office is in Ports- gitude 73°37′12″ W; thence south to lati- mouth, Va. tude 40°40′00″ N, longitude 73°40′00″ W; (b) The Fifth Coast Guard District is thence southwest to the point of ori- comprised of: North Carolina; Virginia; gin. District of Columbia; Maryland; Dela- [USCG–2006–25556, 72 FR 36319, July 2, 2007] ware; that part of Pennsylvania east of a line drawn along 78°55′ W. longitude § 3.05–35 Sector Long Island Sound south to 41°00′ N. latitude, thence west Marine Inspection Zone and Cap- to 79°00′ W. longitude, and thence south tain of the Port Zone. to the Pennsylvania-Maryland bound- Sector Long Island Sound’s office is ary; that portion of New Jersey that located in New Haven, CT. The bound- lies south and west of a line drawn aries of Sector Long Island Sound’s from the New Jersey shoreline at 40°18′

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N. latitude (just south of the Shrews- W; thence east to the intersection of bury River), thence westward to 40°18′ the Maryland-Delaware boundary at N. latitude, 74°30.5′ W. longitude, latitude 39°43′22″ N, longitude 75°47′17″ thence north-northwesterly to the W; thence south along the Maryland- junction of the New York, New Jersey, Delaware boundary to latitude 38°27′37″ and Pennsylvania boundaries at Tri- N, longitude 75°41′35″ W and east along state; and the ocean area encompassed the Maryland-Delaware boundary to by a line bearing 122°T from the coastal and including Fenwick Island Light at end of the First and Fifth Districts’ latitude 38°27′03″ N, longitude 75°02′55″ land boundary at the intersection of W. The offshore boundary starts at the New Jersey shoreline and 40°18′ N. Fenwick Island Light and proceeds east latitude (just south of the Shrewsbury to a point at latitude 38°26′25″ N, lon- River) to the southernmost point in gitude 74°26′46″ W; thence southeast to the First Coast Guard District (a point latitude 37°19′14″ N, longitude 72°13′13″ located at approximately 37° N. lati- W; thence east to the outermost extent tude, 67°13′ W. longitude); thence along of the EEZ at latitude 37°19′14″ N, lon- a line bearing 219°T to the point of gitude 71°02′54″ W; thence northeast intersection with the ocean boundary along the outermost extent of the EEZ between the Fifth and Seventh Coast to latitude 37°56′50″ N, longitude Guard Districts, which is defined as a 69°18′15″ W; thence northwest to lati- line bearing 122°T from the coastal end tude 38°28′00″ N, longitude 70°11′00″ W; of the Fifth and Seventh Districts’ land thence northwest to a point near the boundary at the shoreline at the North New Jersey coast at latitude 40°18′00″ Carolina-South Carolina border, point N, longitude 73°58′40″ W. located at approximately 30°55′ N. 73° [USCG–2006–25556, 72 FR 36320, July 2, 2007] W.; thence northwesterly along this line to the coast. § 3.25–10 Sector Hampton Roads Ma- rine Inspection Zone and Captain of [CGFR 61–40, 26 FR 10347, Nov. 3, 1961, as the Port Zone. amended by CGD 87–008, 52 FR 13084, Apr. 21, 1987; 52 FR 16480, May 5, 1987; CGD 87–008b, 52 Sector Hampton Roads’ office is lo- FR 25217, July 6, 1987; CGD 96–016, 61 FR cated in Portsmouth, VA. The bound- 21959, May 13, 1996] aries of Sector Hampton Roads’ Marine Inspection Zone and Captain of the § 3.25–05 Sector Delaware Bay Marine Port Zone start at a point on the Dela- Inspection Zone and Captain of the ware-Maryland boundary at latitude Port Zone. 38°00′18″ N, longitude 75°30′00″ W and Sector Delaware Bay’s office is lo- proceeds north to the Delaware-Mary- cated in Philadelphia, PA. The bound- land boundary at latitude 38°27′15″ N, aries of Sector Delaware Bay’s Marine longitude 75°30′00″ W; thence east along Inspection Zone and Captain of the the Delaware-Maryland boundary to Port Zone start near the New Jersey the intersection of the Maryland-Dela- coast at latitude 40°18′00″ N, longitude ware boundary and the coast at lati- 73°58′40″ W, proceeding west to latitude tude 38°27′03″ N, longitude 75°02′55″ W 40°18′00″ N, longitude 74°30′30″ W, thence thence east to a point at latitude north-northwest to the junction of the 38°26′25″ N, longitude 74°26′46″ W; thence New York, New Jersey, and Pennsyl- southeast to latitude 37°19′14″ N, lon- vania boundaries near Tristate at lati- gitude 72°13′13″ W; thence east to the tude 41°21′27″ N, longitude 74°41′42″ W; outermost extent of the EEZ at lati- thence northwest along the east bank tude 37°19′14″ N, longitude 71°02′54″ W; of the Delaware River to latitude thence south along the outermost ex- 42°00′00″ N, longitude 75°21′28″ W; thence tent of the EEZ to a point latitude west along the New York-Pennsylvania 36°33′00″ N, longitude 71°29′34″ W; thence boundary to latitude 42°00′00″ N, lon- west along latitude 36°33′00″ N to the gitude 78°54′58″ W; thence south to lati- Virginia-North Carolina boundary at tude 41°00′00″ N, longitude 78°54′58″ W; latitude 36°33′00″ N, longitude 75°52′00″ thence west to latitude 41°00′00″ N, lon- W; thence west along the Virginia- gitude 79°00′00″ W; thence south to the North Carolina boundary to the inter- Pennsylvania-Maryland boundary at section of Virginia-North Carolina- latitude 39°43′22″ N, longitude 79°00′00″ Tennessee; thence along the Virginia-

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Tennessee boundary to the intersection gitude 77°31′52″ W; thence east along of Virginia-Tennessee-Kentucky; the Prince William County, VA bound- thence northeast along the Virginia- ary to a point near the western bank of Kentucky boundary to the intersection the Potomac River at latitude 38°30′11″ of Virginia-Kentucky-West Virginia; N, longitude 77°18′01″ W; thence south thence northeast along the Virginia- and east along the southern bank of West Virginia boundary to the inter- the Potomac River to the Maryland- section of the Virginia-West Virginia- Virginia boundary at a point latitude Maryland boundary; thence southeast 37°53′25″ N, longitude 76°14′12″ W; thence along the Virginia-Maryland and Vir- east along the Maryland-Virginia ginia-District of Columbia boundaries as those boundaries are formed along boundary as it proceeds across the the southern bank of the Potomac Chesapeake Bay, Tangier and River to the Chesapeake Bay; thence Pocomoke Sounds, Pocomoke River, east along the Virginia-Maryland and Delmarva Peninsula to a point on boundary as it proceeds across the the Maryland-Virginia boundary near Chesapeake Bay, Tangier and the Atlantic coast at latitude 38°00′18″ Pocomoke Sounds, Pocomoke River, N, longitude 75°30′00″ W; thence north and Delmarva Peninsula; thence east to the Delaware-Maryland boundary at along the Virginia-Maryland boundary the point of origin. to the point of origin. [USCG–2006–25556, 72 FR 36320, July 2, 2007] [USCG–2006–25556, 72 FR 36320, July 2, 2007] § 3.25–20 Sector North Carolina Ma- § 3.25–15 Sector Baltimore Marine In- rine Inspection Zone and Captain of spection Zone and Captain of the the Port Zone. Port Zone. Sector North Carolina’s office is lo- Sector Baltimore’s office is located cated in Wilmington, NC. The bound- in Baltimore, MD. The boundaries of Sector Baltimore’s Marine Inspection ary of Sector North Carolina’s Marine Zone and Captain of the Port Zone Inspection Zone and Captain of the start at a point latitude 38°27′15″ N, lon- Port Zone starts at the sea on the gitude 75°30′00″ W. on the Delaware- North Carolina-Virginia border at 36 Maryland boundary, proceeding along deg 33.04 min N. latitude, 75 deg 52.05 the Delaware-Maryland boundary west min W. longitude, and proceeds west- to a point at latitude 38°27′37″ N, lon- erly along the North Carolina-Virginia gitude 75°41′35″ W and north to the boundary to the Tennessee boundary; Pennsylvania boundary at a point lati- thence southwesterly along the North tude 39°43′22″ N, longitude 75°47′17″ W; Carolina-Tennessee boundary to the thence west along the Pennsylvania- Georgia boundary and then to the Maryland boundary to the West Vir- South Carolina boundary; thence eas- ginia boundary at a point latitude terly along the North Carolina-South 39°43′16″ N, longitude 79°28′36″ W; thence Carolina boundary on the sea at 33 deg south and east along the Maryland- 51.06 min N. latitude, 78 deg 32.46 min West Virginia boundary to the inter- W. longitude. The offshore boundary section of the Maryland-Virginia-West starts at the North Carolina-South Virginia boundaries at a point latitude Carolina border and proceeds south- ° ′ ″ ° ′ ″ 39 19 17 N, longitude 77 43 08 W; thence easterly to the outermost extent of the southwest along the Loudoun County, EEZ at 31 deg 42.1 min N. latitude, 74 VA boundary to the intersection with deg 30.75 min W. longitude; thence Fauquier County, VA at a point lati- northeasterly along the outermost ex- tude 39°00′50″ N, longitude 77°57′43″ W; thence east along the Loudoun County, tent of the Exclusive Economic Zone to VA boundary to the intersection with a point at 36 deg 32.99 min N. latitude, the Prince William County, VA bound- 71 deg 29.56 min W. longitude; thence ary at a point latitude 38°56′34″ N, lon- west to the North Carolina-Virginia gitude 77°39′18″ W; thence south along border at a point 36 deg 33.04 min N. the Prince William County boundary to latitude, 75 deg 52.05 min W. longitude. the intersection with Stafford County, [USCG–2011–0368, 76 FR 26605, May 9, 2011] VA, at a point latitude 38°33′22″ N, lon-

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Subpart 3.35—Seventh Coast Miami’s Marine Inspection Zone and Guard District Captain of the Port Zone start at the outermost extent of the EEZ at lati- § 3.35–1 Seventh district. tude 28°00′00″ N, longitude 79°23′34″ W, proceeding west to latitude 28°00′00″ N, (a) The District Office is in Miami, ° ′ ″ Fla. longitude 81 30 00 W; thence south to the northern boundary of Collier Coun- (b) The Seventh Coast Guard District ° ′ ″ is comprised of the states of South ty, FL, at longitude 81 30 00 W; thence Carolina, Georgia and Florida, except following along the boundaries of Col- for that part of Georgia and Florida lier County east along the northern west of a line from the intersection of boundary to the eastern boundary and the Florida coast with Longitude 83°50′ then south along the eastern boundary W. (30°00′ N., 83°50′ W.) due north to a to the southern boundary of Collier position 30°15′ N., 83°50′W.; thence due County; thence south along the west- west to a position 30°15′ N., 84°45′ W.; ern boundary of Miami-Dade County to ° ′ ″ thence due north to the intersection the sea at latitude 25 10 36 N, lon- ° ′ ″ with the south shore of the Jim Wood- gitude 80 51 29 W; thence east along ruff Reservoir; thence along the east the southern boundary of Miami-Dade ° ′ ″ bank of the Jim Woodruff Reservoir County to latitude 25 24 52 N, lon- ° ′ ″ and the east bank of the Flint River up gitude 80 19 39 W; thence southeast to stream to Montezuma, GA, thence the outermost extent of the EEZ at ° ′ ″ ° ′ ″ northwesterly to West Point, GA. Also latitude 25 11 34 N, longitude 79 41 31 included is the Panama Canal Zone, all W; thence north along the outermost the island possessions of the United extent of the EEZ to the point of ori- States pertaining to Puerto Rico and gin. the U.S. Virgin Islands; and the U.S. [USCG–2006–25556, 72 FR 36321, July 2, 2007] Naval reservations in the islands of the West Indies and on the north coast of § 3.35–15 Sector Charleston Marine In- South America. The ocean areas are spection Zone and Captain of the those portions of the western North At- Port Zone; Marine Safety Unit Sa- lantic, Caribbean Sea, Gulf of Mexico vannah. and the Straits of Florida areas encom- Sector Charleston’s office is located passed by a line originating at the in Charleston, SC. A subordinate unit, state boundary between North Carolina Marine Safety Unit (MSU) Savannah, and South Carolina, and extending is located in Savannah, GA. southeasterly through 30°57′ N., 73°06′ (a) Sector Charleston’s Marine In- W. and 29°00′ N., 69°19′ W. to 12°00′ N., spection Zone and Captain of the Port 43°00′ W.; thence southwesterly to 10°00′ Zone start at the intersection of the N., 48°00′ W.; thence westerly to 09°20′ North Carolina-South Carolina bound- N., 57°00′ W.; thence due west to the aries and the sea at latitude 33°51′04″ N, coastline of South America; thence longitude 78°32′28″ W, proceeding west westerly and northerly along the north along the North Carolina-South Caro- coast of South America, and the east- lina boundary to the intersection of ern coasts of Central America and Mex- the North Carolina-South Carolina- ico to the Yucatan Peninsula at 21°25′ Georgia boundaries; thence south along N., 87°11′ W.; thence along a line 019° T the South Carolina-Georgia boundary to the intersection of longitude 83°50′ to the intersection with the Federal W. and the western coastline of Florida dam at the southern end of Hartwell (30°00′ N., 83°50′ W.). Reservoir at latitude 34°21′30″ N, longitude 82°49′15″ W; thence south along [CGFR 61–40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70–150, 36 FR 911, Jan. 20, the eastern bank and then east along 1971; USCG–1999–5832, 64 FR 34711, June 29, the northern bank of the Savannah 1999] River to the sea at latitude 32°02′23″ N, longitude 80°53′06″ W, near the eastern § 3.35–10 Sector Miami Marine Inspec- tip of Oyster Bed Island; thence east on tion Zone and Captain of the Port a line bearing 084° T to latitude Zone. 32°03′00″ N, longitude 80°45′00″ W; thence Sector Miami’s office is located in southeast on a line bearing 122° T to Miami, FL. The boundaries of Sector latitude 30°50′00″ N, longitude 78°35′00″

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W; thence east to the outermost extent aries of Sector Jacksonville’s Marine of the EEZ at latitude 30°50′00″ N, lon- Inspection Zone and Captain of the gitude 76°09′54″ W; thence northeast Port Zone start at the outermost ex- along the outermost extent of the EEZ tent of the EEZ at latitude 30°50′00″ N, to latitude 31°42′32″ N, longitude longitude 76°09′54″ W, proceeding west 74°29′53″ W; thence northwest to the to latitude 30°50′00″ N, longitude point of origin; and in addition, all the 82°15′00″ W; thence south to the inter- area described in paragraph (b) of this section of the Florida-Georgia bound- section. ary at longitude 82°15′00″ W; thence (b) The boundaries of the MSU Sa- west along the Florida-Georgia bound- vannah Marine Inspection and Captain ary to longitude 83°00′00″ W; thence of the Port Zones start near the east- southeast to latitude 28°00′00″ N, ern tip of Oyster Bed Island at latitude 81°30′00″ W; thence east to the outer- 32°02′23″ N, longitude 80°53′06″ W, pro- most extent of the EEZ at latitude ceeding west along the northern bank 28°00′00″ N, longitude 79°23′34″ W; thence and then north along the eastern bank northeast along the outermost extent of the Savannah River to the intersec- of the EEZ to the point of origin. tion of the South Carolina-Georgia [USCG–2006–25556, 72 FR 36322, July 2, 2007] boundary with the Federal dam at the southern end of Hartwell Reservoir, at § 3.35–25 Sector San Juan Marine In- latitude 34°21′30″ N, longitude 82°49′15″ spection Zone and Captain of the W; thence north along the South Caro- Port Zone. lina-Georgia boundary to the intersec- Sector San Juan’s office is located in tion of the North Carolina-South Caro- San Juan, PR. The boundaries of Sec- lina-Georgia boundaries; thence west tor San Juan’s Marine Inspection Zone along the Georgia-North Carolina and Captain of the Port Zone comprise boundary and continuing west along both the Commonwealth of Puerto the Georgia-Tennessee boundary to the Rico and the Territory of the Virgin Is- intersection of the Georgia-Tennessee- lands, and the waters adjacent to both, Alabama boundaries; thence south in an area enclosed by the outermost along the Georgia-Alabama boundary extents of the EEZ, subject to existing to latitude 32°53′00″ N; thence southeast laws and regulations. to the eastern bank of the Flint River at latitude 32°20′00″ N; thence south [USCG–2006–25556, 72 FR 36322, July 2, 2007] along the eastern bank of the Flint § 3.35–35 Sector St. Petersburg Marine River and continuing south along the Inspection Zone and Captain of the eastern shore of Seminole Lake to lati- Port Zone. tude 30°45′57″ N, longitude 84°45′00″ W; Sector St. Petersburg’s sector office thence south along longitude 84°45′00″ is located in St. Petersburg, FL. The W to the Florida boundary; thence east boundaries of Sector St. Petersburg’s along the Florida-Georgia boundary to Marine Inspection Zone and Captain of longitude 82°15′00″ W; thence north to ° ′ ″ ° ′ ″ the Port Zone start at the Florida latitude 30 50 00 N, longitude 82 15 00 coast at latitude 29°59′14″ N, longitude W; thence east to the outermost extent 83°50′00″ W, proceeding north to lati- ° ′ ″ of the EEZ at latitude 30 50 00 N, lon- tude 30°15′00″ N, longitude 83°50′00″ W; ° ′ ″ gitude 76 09 54 W; thence northwest to thence west to latitude 30°15′00″ N, lon- ° ′ ″ ° ′ ″ latitude 32 03 06 N, longitude 80 45 00 gitude 84°45′00″ W; thence north to the W; thence southwest to the point of or- Florida-Georgia boundary at longitude igin. The boundary includes all the wa- 84°45′00″ W; thence east along the Flor- ters of the Savannah River including ida-Georgia boundary to longitude adjacent waterfront facilities in South 83°00′00″ W; thence southeast to lati- Carolina. tude 28°00′00″ N, longitude 81°30′00″ W; [USCG–2006–25556, 72 FR 36321, July 2, 2007] thence south along 81°30′00″ W to the northern boundary of Collier County, § 3.35–20 Sector Jacksonville Marine FL, and then following along the Inspection Zone and Captain of the boundaries of Collier County, east Port Zone. along the northern boundary to the Sector Jacksonville’s office is lo- eastern boundary and then south along cated in Jacksonville, FL. The bound- the eastern boundary to the southern

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boundary and then west along the 90° W. longitude; that part of Wisconsin southern boundary to latitude 25°48′12″ south of 46°20′ N. latitude and west of N, longitude 81°20′39″ W; thence south- 90° W. longitude; that part of Min- west to the outermost extent of the nesota south of 46°20′ N. latitude; those EEZ at latitude 24°18′57″ N, longitude parts of Florida and Georgia west of a 84°50′48″ W; thence west along the outline starting at the Florida coast at ermost extent of the EEZ to latitude 83°50′ W. longitude; thence northerly to 24°48′13″ N, longitude 85°50′05″ W; thence 30°15′ N. latitude, 83°50′ W. longitude; northeast to the point of origin. thence due west to 30°15′ N. latitude, [USCG–2006–25556, 72 FR 36322, July 2, 2007] 84°45′ W. longitude; thence due north to the southern bank of the Jim Woodruff § 3.35–40 Sector Key West Marine In- Reservoir at 84°45′ W. longitude; thence spection Zone and Captain of the northeasterly along the eastern bank Port Zone. of the Jim Woodruff Reservoir and Sector Key West’s office is located in northerly along the eastern bank of the Key West, FL. The boundaries of Sec- Flint River to Montezuma, GA.; thence tor Key West’s Marine Inspection Zone northwesterly to West Point, GA.; and and Captain of the Port Zone start at the Gulf of Mexico area west of a line the outermost extent of the EEZ at bearing 199 T. from the intersection of latitude 25°11′34″ N, longitude 79°41′31″ the Florida coast at 83°50′ W. longitude W, proceeding northeast to the Miami- (the coastal end of the Seventh and Dade County, FL boundary at latitude Eighth Coast Guard District land 25°24′52″ N, longitude 80°19′39″ W; thence boundary.) [DATUM NAD83] west along the southern boundary of Miami-Dade County to the western [CGFR 67–15, 32 FR 5270, Mar. 29, 1967, as ° ′ ″ amended by CGD 77–167, 43 FR 2372, Jan. 16, boundary at latitude 25 10 36 N, lon- 1978; CGD 96–025, 61 FR 29959, June 13, 1996] gitude 80°51′29″ W; thence north along the western boundary of Miami-Dade § 3.40–10 Sector Mobile Marine Inspec- County to the southern boundary of tion Zone and Captain of the Port Collier County, FL; thence west along Zone. the southern boundary of Collier Coun- Sector Mobile’s office is located in ty to latitude 25°48′12″ N, longitude Mobile, AL. The boundaries of Sector 81°20′39″ W; thence southwest to the Mobile’s Marine Inspection Zone and outermost extent of the EEZ at lati- Captain of the Port Zone start near the tude 24°18′57″ N, longitude 84°50′48″ W; Florida coast at latitude 29°59′14″ N, thence east and then north along the longitude 83°50′00″ W, proceeding north outermost extent of the EEZ to the to latitude 30°15′00″ N, longitude point of origin. 83°50′00″ W; thence west to latitude [USCG–2006–25556, 72 FR 36322, July 2, 2007] 30°15′00″ N, longitude 84°45′00″ W; thence north to a point near the southern Subpart 3.40—Eighth Coast Guard bank of the Seminole Lake at latitude District 30°45′57″ N, longitude 84°45′00″ W; thence northeast along the eastern bank of § 3.40–1 Eighth district. the Seminole Lake and north along the (a) The District Office is in New Orle- eastern bank of the Flint River to lati- ans, La. tude 32°20′00″ N, longitude 84°01′51″ W; (b) The Eighth Coast Guard District thence northwest to the intersection of is comprised of North Dakota, South the Georgia-Alabama border at lati- Dakota, Wyoming, Nebraska, Iowa, tude 32°53′00″ N; thence north along the Colorado, Kansas, Missouri, Kentucky, Georgia-Alabama border to the south- West Virginia, Tennessee, Arkansas, ern boundary of Dekalb County, AL, Oklahoma, New Mexico, Texas, Lou- thence west along the northern bound- isiana, Mississippi, and Alabama; that aries of Cherokee, Etowah, Blount, part of Pennsylvania south of 41° N. Cullman, Winston, and Marion Coun- latitude and west of 79° W. longitude; ties, AL, to the Mississippi-Alabama those parts of Ohio and Indiana south border; thence north along the Mis- of 41° N. latitude; Illinois, except that sissippi-Alabama border to the south- part north of 41° N. latitude and east of ern boundary of Tishomingo County,

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MS, at the Mississippi-Tennessee bor- thence west along latitude 31°00′00″ N der; thence west along the southern to the east bank of the Mississippi boundaries of Tishomingo and Prentiss River; thence south along the east Counties; thence north along the west- bank to mile 303.0, thence west to the ern boundaries of Prentiss and Alcorn west bank at mile 303.0; thence north Counties; thence west along the north- to the southern boundary of the Old ern boundaries of Tippah, Benton, and River Lock Structure, thence west Marshall Counties, MS; thence south along the south bank of the Lower Old and west along the eastern and south- River, to the intersection with the Red ern boundaries of DeSoto, Tunica, River; thence west along the south Coahoma, Bolivar, and Washington bank of the Red River to Rapides Par- Counties, MS; thence east along the ish, thence south along the western northern boundary of Humphreys and boundaries of Avoyelles, Evangeline, Holmes Counties, MS; thence south Acadia and Vermillion Parishes to the along the eastern and southern bound- intersection of the sea and longitude aries of Holmes, Yazoo, Warren, Clai- 92°37′00″ W; thence south along lon- borne, Jefferson, Adams, and Wilkinson gitude 92°37′00″ W to the outermost ex- Counties, MS; thence east from the tent of the EEZ; thence east along the southernmost intersection of outermost extent of the EEZ to lon- Wilkinson and Amite Counties, MS, to gitude 88°00′00″ W; thence north along the west bank of the Pearl River; longitude 88°00′00″ W to latitude thence south along the west bank of 29°00′00″ N; thence northwest to lati- the Pearl River to longitude 89°31′48″ W tude 30°10′00″ N, longitude 89°10′00″ W; (at the mouth of the river); thence and in addition, all the area described south along longitude 89°31′48″ W to in paragraph (b) of this section. latitude 30°10′00″ N; thence east along (b) The boundaries of the MSU Mor- latitude 30°10′00″ N to longitude 89°10′00″ gan City Marine Inspection and Cap- W; thence southeast to latitude tain of the Port Zones start at latitude 29°00′00″ N, longitude 88°00′00″ W; thence 28°50′00″ N, longitude 88°00′00″ W.; south along longitude 88°00′00″ W to the thence proceeds west to latitude outermost extent of the EEZ; thence 28°50′00″ N., longitude 89°27′06″ W.; east along the outermost extent of the thence northwest to latitude 29°18′00″ EEZ to the intersection with a line N, longitude 90°00′00″ W; thence north- bearing 199°T from the intersection of west along the northern boundaries of the Florida coast at longitude 83°50′00″ Lafourche, Assumption, Iberia, and St. W; thence northeast along a line bear- Martin Parishes, Louisiana; thence ing 199° T from the Florida coast at northwest along the northern boundary longitude 83°50′00″ W to the coast. of Lafayette and Acadia Parishes, Lou- isiana; thence south along the west [USCG–2006–25556, 72 FR 36322, July 2, 2007] boundary of Acadia and Vermillion § 3.40–15 Sector New Orleans Marine Parishes, Louisiana to the Louisiana Inspection Zone and Captain of the Coast at longitude 92°37′00″ W, thence Port Zone; Marine Safety Unit Mor- south along longitude 92°37′00″ W to the gan City. outermost extent of the EEZ; thence Sector New Orleans’ office is located east along the outermost extent of the in New Orleans, LA. A subordinate EEZ to longitude 88°00′00″ W.; thence unit, Marine Safety Unit (MSU) Mor- north to latitude 28°50′00″ N, longitude gan City, is located in Morgan City, 88°00′00″ W. LA. [USCG–2006–25556, 72 FR 36322, July 2, 2007] (a) Sector New Orleans’ Marine In- spection Zone and Captain of the Port § 3.40–28 Sector Houston-Galveston Zone starts at latitude 30°10′00″ N, lon- Marine Inspection Zone and Cap- gitude 89°10′00″ W; thence west along tain of the Port Zone; Marine Safety latitude 30°10′00″ N to longitude 89°31′48″ Unit Port Arthur. W; thence north along longitude Sector Houston-Galveston’s office is 89°31′48″ W to the west bank of the located in Galena Park, TX. A subordi- Pearl River (at the mouth of the river); nate unit, Marine Safety Unit (MSU) thence north along the west bank of Port Arthur, is located in Port Arthur, the Pearl River to latitude 31°00′00″ N; TX.

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(a) Sector Houston-Galveston’s Ma- W; thence north along the eastern and rine Inspection Zone and Captain of the southern boundaries of Cameron, Jef- Port Zone start near the intersection ferson Davis, Allen, and Rapides Par- of the western boundary of Vermillion ishes, Louisiana to the southern bank Parish, LA, and the sea at latitude of the Red River; thence northwest 29°34′45″ N, longitude 92°37′00″ W, pro- along the southern bank of the Red ceeding north along the eastern and River to the northern boundary of Red southern boundaries of Cameron, Jef- River Parish, Louisiana; thence west ferson Davis, Allen, and Rapides Par- along the northern boundary of Red ishes, LA, to the southern bank of the River Parish and Desoto Parish, Lou- Red River; thence northwest along the isiana to the Louisiana-Texas border; south bank of the Red River to the thence north along the Louisiana- northern boundary of Red River Par- Texas border to the Texas-Arkansas ish, LA; thence west along the north- border at the northern boundary of ern boundary of Red River Parish and Bowie County, Texas; thence north DeSoto Parish, LA, to the Louisiana- along the Texas-Arkansas border to the Texas border; thence north along the Texas-Oklahoma border; thence west Louisiana-Texas border to the Texas- along the Texas-Oklahoma border to Arkansas border at the northern the northwest-most boundary of boundary of Bowie County, TX; thence Fannin County, Texas, including all west along the Texas-Arkansas border portions of the Red River; thence south to the Texas-Oklahoma border; thence along the western and southern bound- northwest along the Texas-Oklahoma aries of Fannin, Hunt, Kaufman, Hen- border to the southern shore of Lake derson, Anderson, Houston, Trinity, Texoma in Grayson County, TX; thence Polk, Hardin, and Jefferson Counties, west along the northern shore of Lake Texas to the sea at longitude 94°25′00″ Texoma to the Texas-Oklahoma border; W; thence southeast to latitude thence west along the Texas-Oklahoma 29°00′00″ N, longitude 93°40′00″ W; thence border to the Texas-New Mexico bor- southeast to latitude 27°50′00″ N, lon- der, including all portions of the Red gitude 93°24′00″ W; thence south along River; thence south along the Texas- longitude 93°24′00″ W to the outermost New Mexico border to the southern extent of the EEZ; thence east along boundary of Andrews County, TX; the outermost extent of the EEZ to thence southeast along the western and longitude 92°37′00″ W; thence north southern boundaries of Andrews, Mid- along longitude 92°37′00″ W to the Lou- land, Glasscock, Sterling, Tom Green, isiana Coast. Concho, McCulloch, San Saba, [USCG–2006–25556, 72 FR 36323, July 2, 2007] Lampasas, Bell, Williamson, Lee, Washington, and Austin Counties, TX § 3.40–35 Sector Corpus Christi Marine to the intersection of Colorado County, Inspection Zone and Captain of the Texas; thence along the northern and Port Zone. eastern boundary of Colorado County Sector Corpus Christi’s office is lo- to the east bank of the Colorado River; cated in Corpus Christi, TX. The thence south along the east bank of the boundaries of Sector Corpus Christi’s Colorado River to the sea; thence Marine Inspection Zone and Captain of southeast along a line bearing 140° T to the Port Zone start at the junction of the outermost extent of the EEZ at the sea and the east bank of the Colo- latitude 25°59′50″ N, longitude 93°32′21″ rado River at latitude 28°35′44″ N, lon- W; thence east along the outermost ex- gitude 95°58′48″ W, proceeding north tent of the EEZ to latitude 26°03′27″ N, along the east bank of the Colorado longitude 92°37′00″ W; thence north River to Colorado County, TX; thence along longitude 92°37′00″ W to the Lou- southwest along the northern boundary isiana Coast; and in addition, all the of Wharton County, TX; thence north- area described in paragraph (b) of this west along the eastern and northern section. boundaries of Colorado, Fayette, (b) The boundaries of the MSU Port Bastrop, Travis, Burnet, Llano, Mason, Arthur Marine Inspection and Captain Menard, Schletcher, Irion, Reagan, of the Port Zones start at the intersec- Upton, and Ector Counties, TX; thence tion of the sea and longitude 92°37′00″ west along the northern boundary of

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Ector and Winkler Counties, TX, to the exception of the Red River and Lake Texas-New Mexico border; thence north Texoma; in Missouri: Dunklin and along the New Mexico border to the Pemiscot Counties. In Tennessee: Dyer, New Mexico-Colorado border; thence Lauderdale, Obion, Tipton, and Shelby west along the New Mexico-Colorado Counties, and all portions of Lake border to the intersection of New Mex- County with the exception of the area ico, Colorado, Utah, and Arizona bor- north and west of a line drawn from ders; thence south along the New Mex- Mississippi River at latitude 36°20′00 N ico-Arizona border to the United and longitude 89°32′30″ W due east to States-Mexican border; thence south- Highway 78 thence northeast along east along the United States-Mexican Highway 78 to the Kentucky-Tennessee border to the outermost extent of the state line; in Mississippi: Desoto, EEZ at latitude 25°57′22″ N, longitude Tunica, Coahoma, Bolivar, Wash- 97°08′20″ W; thence east along the outer- ington, Humphreys, Holmes, Sharkey, most extent of the EEZ to latitude Yazoo, Issaquena, Warren, Claiborne, ° ′ ″ ° ′ ″ 25 59 50 N, longitude 93 32 21 W; thence Jefferson, Adams, and Wilkinson Coun- northwest to the point of origin. ties; in Louisiana, all the areas north [USCG–2006–25556, 72 FR 36323, July 2, 2007] of a line drawn from the east bank of the Mississippi River at the Louisiana- § 3.40–40 Sector Upper Mississippi Mississippi border, thence south along River Marine Inspection Zone and the east bank to mile 303.0, thence west Captain of the Port Zone. to the west bank at mile 303.0, thence Sector Upper Mississippi River’s of- north to the southern boundary of the fice is located in St. Louis, MO. The Old River Lock Structure, thence west boundaries of Sector Upper Mississippi along the southern bank of the Lower River’s Marine Inspection Zone and Old River, to the intersection with the Captain of the Port Zone include all of Red River, thence west and northwest Wyoming except for Sweetwater Coun- along the southern bank of the Red ty; all of North Dakota, South Dakota, River to the northern-most boundary Nebraska, Colorado, Kansas, and Iowa; of Red River Parish, thence west along all of Missouri with the exception of the northern boundary of Red River Perry, Cape Girardeau, Scott, Mis- Parish and DeSoto Parish to the Texas- sissippi, New Madrid, Dunklin, and Louisiana Border, including Lasalle, Pemiscot Counties; that part of Min- ° ′ ″ Caldwell, Caddo, Bossier, Webster, nesota south of latitude 46 20 00 N; Claiborne, Union, Morehouse, West that part of Wisconsin south of lati- Carroll, East Carroll, Madison, Rich- tude 46°20′00″ N, and west of longitude land, Ouachita, Lincoln, Jackson, 90°00′00″ W; that part of Illinois west of Bienville, Winn, Grant, Franklin, longitude 90°00′00″ W and north of lati- Tensas, Catahoula, and Concordia Par- tude 41°00′00″ N; that part of Illinois south of latitude 41°00′00″ N, except for ishes; those parts of Avoyelles, Jackson, Williamson, Saline, Gellatin, Natchitoches, Rapides, and Red River Union, Johnson, Pope, Hardin, Alex- Parishes north of the Red River, and ander, Pulaski, and Massac Counties; that part of West Feliciana Parish that part of the Upper Mississippi north of the Lower Old River; that part River above mile 109.9, including both of the Lower Mississippi River below banks, and that part of the Illinois mile 869.0 and above mile 303; and all of River below latitude 41°00′00″ N. the Red River below the Arkansas- Oklahoma border. [USCG–2006–25556, 72 FR 36324, July 2, 2007] [USCG–2006–25556, 72 FR 36324, July 2, 2007] § 3.40–60 Sector Lower Mississippi River Marine Inspection Zone and § 3.40–65 Sector Ohio Valley Marine In- Captain of the Port Zone. spection Zone and Captain of the Sector Lower Mississippi River’s of- Port Zone; Marine Safety Unit Pitts- fice is located in Memphis, TN. The burgh. boundaries of Sector Lower Mississippi Sector Ohio Valley’s office is located River’s Marine Inspection Zone and in Louisville, KY. A subordinate unit, Captain of the Port Zone include all of Marine Safety Unit (MSU) Pittsburgh, Arkansas and all of Oklahoma with the is located in Pittsburgh, PA.

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(a) Sector Ohio Valley’s Marine In- Subpart 3.45—Ninth Coast Guard spection Zone and Captain of the Port District Zone comprise all of Kentucky and West Virginia; in Missouri: Perry, Cape SOURCE: CGD 79–011, 44 FR 33401, June 11, Girardeau, Scott, Mississippi and New 1979, unless otherwise noted. Madrid Counties; in Tennessee: that portion of Lake County north and west § 3.45–1 Ninth district. of a line drawn from the Mississippi River at latitude 36°20′00″ N and lon- (a) The District Office is in Cleveland gitude 89°32′30″ W due east to Highway Ohio. 78, thence northeast along Highway 78 (b) The Ninth Coast Guard District to the Kentucky-Tennessee state line, comprise Michigan, New York north of ° and all other counties in Tennessee ex- latitude 42 N. and west of longitude ° ′ cept Shelby, Tipton, Lauderdale, Dyer 74 39 W.; Pennsylvania north of lati- ° ° ′ and Obion Counties; in Alabama: tude 41 and west of longitude 78 55 W.; Colbert, Franklin, Lawrence, Morgan, that part of Ohio and Indiana north of ° Marshall, Lauderdale, Limestone, latitude 41 N.; that part of Illinois ° Madison, Jackson and DeKalb Coun- north of latitude 41 N. and east of lon- ° ties; in Mississippi: Alcorn, Prentiss gitude 90 W.; Wisconsin, except that ° ′ and Tishomingo Counties; that portion part south of latitude 46 20 N. and west ° of Pennsylvania south of latitude of longitude 90 W.; and that part of ° ′ 41°00′00″ N and west of longitude Minnesota north of latitude 46 20 N. 79°00′00″ W; those parts of Indiana and [CGFR 61–40, 26 FR 10350, Nov. 3, 1961, as Ohio south of latitude 41°00′00″ N; in Il- amended by CGFR 71–85, 36 FR 16577, Aug. 24, linois: Jackson, Williamson, Saline, 1971] Gallatin, Union, Johnson, Pope, Har- din, Alexander, Pulaski, and Massac § 3.45–10 Sector Buffalo Marine Inspec- Counties, and in Randolph County, tion Zone and Captain of the Port Zone. that part of the Upper Mississippi River below mile 109.9, including both Sector Buffalo’s office is located in banks; and that part of the Lower Mis- Buffalo, NY. The boundaries of Sector sissippi River above mile 869.0 ; and in Buffalo’s Marine Inspection Zone and addition, all the area described in para- Captain of the Port Zone include all graph (b) of this section. navigable waters of the United States (b) The boundaries of the MSU Pitts- and contiguous land areas within the burgh Marine Inspection and Captain boundaries of an area starting from a of the Port Zones include that portion point on the international boundary in of Pennsylvania south of latitude Lake Erie at latitude 42°19′24″ N, lon- 41°00′00″ N and west of longitude gitude 80°31′10″ W, proceeding south- 79°00′00″ W; in West Virginia: Preston, west along the international boundary Monongalia, Marion, Marshall, Ohio, to a point at latitude 41°40′36″ N, lon- Brooke, and Hancock Counties, and gitude 82°25′00″ W; thence south to lati- that part of the Ohio River north of a tude 41°00′00″ N; thence east to lon- line drawn from latitude 39°39′18″ N (ap- gitude 78°54′58″ W; thence north to lati- proximately mile 127.2) on the Ohio tude 42°00′00″ N; thence east to the east River, just below the Hannibal Lock bank of the Delaware River at latitude and Dam; and in Ohio: Stark, 42°00′00″ N, longitude 75°21′28″ W; thence Columbiana, Tuscarawas, Carroll, Har- east to longitude 74°39′00″ W; thence rison, Jefferson, and Belmont Counties, north to the international boundary at and those parts of Summit, Portage, a point at latitude 44°59′58″ N, lon- and Mahoning Counties south of lati- gitude 74°39′00″ W; thence southeast tude 41°00′00″N. along the international boundary to the starting point. [USCG–2006–25556, 72 FR 36324, July 2, 2007] [USCG–2006–25556, 72 FR 36324, July 2, 2007]

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§ 3.45–15 Sector Lake Michigan Marine W; thence south along the Ohio-Indiana Inspection Zone and Captain of the boundary to the starting point. Port Zone. [USCG–2009–0929, 76 FR 13510, Mar. 14, 2011] Sector Lake Michigan’s office is located in Milwaukee, WI. The bound- § 3.45–45 Sector Sault Ste. Marie Ma- aries of Sector Lake Michigan’s Marine rine Inspection Zone and Captain of Inspection Zone and Captain of the the Port Zone; Marine Safety Unit Port Zone include all navigable waters Duluth. of the United States and contiguous Sector Sault Ste. Marie’s office is lo- land areas within the boundaries of an cated in Sault Ste. Marie, MI. A subor- area starting from a point at latitude dinate unit, Marine Safety Unit (MSU) 44°43′00″ N, longitude 84°30′00″ W, pro- Duluth, is located in Duluth, MN. ceeding due west to longitude 85°40′00″ (a) Sector Sault Ste. Marie’s Marine W; thence northwest to the eastern Inspection Zone and Captain of the shore of Lake Michigan at latitude Port Zone comprise all navigable wa- 45°01′00″ N; thence northwest to lati- ters of the United States and contig- tude 45°22′30″ N, longitude 86°19′00″ W; uous land areas within an area starting thence northeast to latitude 45°41′00″ N, from a point at latitude 44°43′00″ N on longitude 86°06′00″ W; thence northwest the international boundary within to latitude 46°20′00″ N, longitude Lake Huron; proceeding due west to 87°22′00″ W; thence west to latitude longitude 85°40′00″ W; thence northwest 46°20′00″ N, longitude 90°00′00″ W; thence to the eastern shore of Lake Michigan south to latitude 41°00′00″ N; thence at latitude 45°01′00″ N; thence northeast to the Ohio-Indiana border at lati- west to latitude 45°22′30″ N, longitude tude 41°00′00″ N, longitude 84°48′12″ W; 86°19′00″ W; thence northeast to lati- thence north along the Ohio-Indiana tude 45°41′00″ N, longitude 86°06′00″ W; border to the intersection of the Ohio- thence northwest to latitude 46°20′00″ Indiana-Michigan border at latitude N, longitude 87°22′00″ W; thence west to 41°41′59″ N, longitude 84°48′22″ W; thence the Minnesota-North Dakota boundary east along the Ohio-Michigan border to at latitude 46°20′00″ N, longitude latitude 41°42′13″ N, longitude 84°30′00″ 96°36′30″ W; thence north along the Min- W; thence north to the start point. nesota-North Dakota boundary to the [USCG–2009–0929, 76 FR 13510, Mar. 14, 2011] intersection of the Minnesota-North Dakota boundary and the international § 3.45–20 Sector Detroit Marine Inspec- boundary at latitude 49°00′02″ N, lon- tion Zone and Captain of the Port gitude 97°13′46″ W; thence east along Zone. the international boundary to the Sector Detroit’s office is located in starting point; and in addition, all the Detroit, MI. The boundaries of Sector area described in paragraph (b) of this Detroit’s Marine Inspection Zone and section. Captain of the Port Zone include all (b) The boundaries of the MSU Du- navigable waters of the United States luth Marine Inspection and Captain of and contiguous land areas within the the Port Zones comprise all navigable boundaries of an area starting from a waters of the United States and contig- point at latitude 41°00′00″ N, longitude uous land areas within an area starting 84°48′12″ W on the Ohio-Indiana bound- at a point latitude 46°20′00″ N, lon- ary, proceeding east to longitude gitude 88°30′00″ W, proceeding west to 82°25′00″ W; thence north to the inter- the Minnesota-North Dakota boundary national boundary in Lake Erie at lati- at latitude 46°20′00″ N, longitude tude 41°40′36″ N, longitude 82°25′00″ W; 96°36′30″ W; thence north along the Min- thence north along the international nesota-North Dakota boundary to the boundary to latitude 44°43′00″ N in Lake intersection of the Minnesota-North Huron; thence due west to latitude Dakota boundary and the international 44°43′00″ N, longitude 84°30′00″ W; thence boundary at latitude 49°00′02″ N, lon- south to the Michigan-Ohio boundary gitude 97°13′46″ W; thence east along at latitude 41°42′13″ N; thence west the international boundary to a point along the Michigan-Ohio boundary to at latitude 47°59′23″ N, longitude the Ohio-Michigan-Indiana boundary at 87°35′10″ W; thence south to a point latitude 41°41′46″ N, longitude 84°48′22″ near Manitou Island Light at latitude

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47°25′09″ N, longitude 87°35′10″ W; thence § 3.55–15 Sector San Diego Marine In- southwest to a point near the shore of spection Zone and Captain of the Lake Superior at latitude 46°51′51″ N, Port Zone. ° ′ ″ longitude 87 45 00 W; thence southwest Sector San Diego’s office is located to the point of origin. in San Diego, CA. The boundaries of [USCG–2009–0929, 76 FR 13510, Mar. 14, 2011] Sector San Diego’s Marine Inspection Zone and Captain of the Port Zone Subpart 3.55—Eleventh Coast start at a point near the intersection of Orange County and San Diego County Guard District and the coast at latitude 33°23′12″ N, ° ′ ″ § 3.55–1 Eleventh district. longitude 117 35 45 W, proceeding southwest to the outermost extent of (a) The District Office is in Alameda, the EEZ at latitude 32°01′17″ N, lon- California. gitude 123°37′22″ W; thence south along (b) The Eleventh Coast Guard Dis- the outermost extent of the EEZ to the trict is comprised of: Arizona; Utah; intersection of the maritime boundary Nevada; California; and the ocean area with Mexico at latitude 30°32′31″ N, lon- bounded by a line from the California- gitude 121°51′58″ W; thence east along ° Oregon state line westerly to 40 N. the maritime boundary with Mexico to ° latitude, 150 W. longitude; thence its intersection with the California ° ° southeasterly to 5 S. latitude, 110 W. coast at latitude 32°32′03″ N, longitude longitude; thence northeasterly to the 117°07′29″ W; thence including Imperial border between Guatemala and Mexico County and San Diego County in Cali- ° ′ on the Pacific Coast (14 38 N. latitude, fornia; all of Arizona; Washington, ° ′ 92 19 W. longitude). Kane, San Juan, and Garfield Counties [CGFR 61–40, 26 FR 10351, Nov. 3, 1961, as in Utah; and Clark County in Nevada. amended by CGD 87–008, 52 FR 13084, Apr. 21, [USCG–2006–25556, 72 FR 36325, July 2, 2007] 1987; CGD 96–025, 61 FR 29959, June 13, 1996]

§ 3.55–10 Sector Los Angeles-Long § 3.55–20 Sector San Francisco: San Beach Marine Inspection Zone and Francisco Bay Marine Inspection Captain of the Port Zone. Zone and Captain of the Port Zone. Sector Los Angeles-Long Beach’s The Sector San Francisco office is lo- (LA–LB) office is located in San Pedro, cated in San Francisco, CA. The bound- CA. The boundaries of Sector LA–LB’s aries of Sector San Francisco’s San Marine Inspection Zone and Captain of Francisco Bay Marine Inspection and the Port Zone start at a point near the Captain of the Port Zones comprise the intersection of Monterey County and land masses and waters of Wyoming San Luis Obispo County and the Cali- within the boundaries of Sweetwater fornia coast at latitude 35°47′43″ N, lon- County; Utah, except for Washington, gitude 121°20′51″ W, proceeding south- Kane, San Juan, and Garfield Counties; west to the outermost extent of the Nevada, except for Clark County; and EEZ at latitude 34°05′05″ N, longitude California, north of San Luis Obispo, 124°56′43″ W; thence south along the Kern, and San Bernardino Counties. It outermost extent of the EEZ to lati- also includes all ocean waters and is- tude 32°01′17″ N, longitude 123°37′22″ W; lands contained therein of the EEZ thence northeast to the intersection of bounded on the north by the northern Orange County and San Diego County boundary of the Eleventh Coast Guard and the California coast at latitude District, which is described in § 3.55–1; 33°23′12″ N, longitude 117°35′45″ W; and on the south by a line bearing 240 thence including all of Orange County, °T from the intersection of the Mon- Riverside County, Ventura County, Los terey-San Luis Obispo Count lines (ap- Angeles County, San Bernardino Coun- proximately 35°47.5′00″ N latitude) and ty, Santa Barbara County, Kern Coun- the California coast to the outermost ty, and San Luis Obispo County in extent of the EEZ; and on the west by California. the outermost extent of the EEZ. [USCG–2006–25556, 72 FR 36325, July 2, 2007] [USCG–2006–25556, 72 FR 36326, July 2, 2007]

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Subpart 3.65—Thirteenth Coast along this latitude to the eastern Idaho Guard District state line; thence southeast along the Idaho state line to the intersection of § 3.65–1 Thirteenth district. the Idaho-Wyoming boundary; thence (a) The District Office is in Seattle, south along the Idaho-Wyoming bound- Wash. ary to the intersection of the Idaho- (b) The Thirteenth Coast Guard Dis- Utah-Wyoming boundaries; thence west trict shall comprise Washington, Or- along the southern border of Idaho to egon, Idaho, and Montana; and the Oregon and then west along the south- ocean area bounded by a line from Cali- ern border of Oregon to the coast at fornia-Oregon state line westerly to latitude 41°59′54″ N, longitude 124°12′42″ latitude 40° N. longitude, 150° W., W; thence west along the southern thence northeasterly to latitude 54°40′ boundary of the Thirteenth Coast N., longitude 140° W., thence due east Guard District, which is described in to the Canadian coast. § 3.65–10, to the outermost extent of the EEZ at latitude 41°38′35″ N, 128°51′26″ W; [CGFR 61–40, 26 FR 10352, Nov. 3, 1961] thence north along the outermost extent of the EEZ to latitude 47°32′00″ N; § 3.65–10 Sector Puget Sound Marine Inspection Zone and Captain of the thence east to the point of origin. Port Zone. [USCG–2010–0351, 75 FR 48565, Aug. 11, 2010] Sector Puget Sound’s office is located in Seattle, WA. The boundaries Subpart 3.70—Fourteenth Coast of Sector Puget Sound’s Marine Inspec- Guard District tion and Captain of the Port Zones ° ′ ″ start at latitude 48 29 35 N, longitude § 3.70–1 Fourteenth district. 124°43′45″ W, proceeding along the Cana- dian border east to the Montana-North (a) The District Office is in Honolulu, Dakota boundary; thence south along Hawaii. this boundary to the Wyoming state (b) The Fourteenth Coast Guard Dis- line; thence west and south along the trict shall comprise the State of Ha- Montana-Wyoming boundary to the waii; and the Pacific Islands belonging Idaho state line; thence northwest to the United States south of latitude along the Montana-Idaho boundary to 40° N., and west of a line running from latitude 46°55′00″ N; thence west along 40° N., 150° W. through latitude 5° S., latitude 46°55′00″ N to longitude 110° W.; the ocean area west and south 123°18′00″ W; thence north to a point of a line running from position 51° N., latitude 47°32′00″ N, longitude 123°18′00″ 158° E. to position 43° N., 165° E.; thence W; thence west along latitude 47°32′00″ due south to latitude 40° N.; thence due N to the outermost extent of the EEZ; east to longitude 150° W.; thence south- thence northeast along the outermost easterly through latitude 5° S., lon- extent of the EEZ to the Canadian bor- gitude 110° W. der; thence east along the Canadian [CGFR 61–40, 26 FR 10352, Nov. 3, 1961, as border to the point of origin. amended by CGFR 70–150, 36 FR 912, Jan. 20, [USCG–2010–0351, 75 FR 47212, Aug. 5, 2010] 1971]

§ 3.65–15 Sector Columbia River Ma- § 3.70–10 Sector Honolulu Marine In- rine Inspection Zone and Captain of spection Zone and Captain of the the Port Zone. Port Zone. Sector Columbia River’s office is lo- Sector Honolulu’s office is located in cated in Astoria, OR. The boundaries of Honolulu, HI. The boundaries of Sector Sector Columbia River’s Marine In- Honolulu’s Marine Inspection Zone and spection and Captain of the Port Zones Captain of the Port Zone comprise the start at the Washington coast at lati- State of Hawaii, including all the is- tude 47°32′00″ N, longitude 124°21′15″ W, lands and atolls of the Hawaiian chain proceeding along this latitude east to and the adjacent waters of the exclu- latitude 47°32′00″ N, longitude 123°18′00″ sive economic zone (EEZ); and the fol- W; thence south to latitude 46°55′00″ N, lowing islands and their adjacent wa- longitude 123°18′00″ W; thence east ters of the EEZ: American Samoa,

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Johnston Atoll, Palmyra Atoll, King- 54°40′ N. due west to longitude 140° W.; man Reef, Wake Island, Jarvis Island, thence southwesterly to position 40° N., Howland and Baker Islands, and Mid- 150° W.; thence due west to position 40° way Island. Sector Honolulu’s Marine N., 165° E.; thence due north to latitude Inspection Zone also includes the Inde- 43° N.; thence northwesterly to 51° N., pendent State of Samoa. 158° E.; thence north and east along the [USCG–2010–0351, 75 FR 36277, June 25, 2010] coastline of the continent of Asia to East Cape; thence north to the Arctic § 3.70–15 Sector Guam Marine Inspec- Ocean. tion Zone and Captain of the Port [CGFR 61–40, 26 FR 10353, Nov. 3, 1961, as Zone. amended by CGFR 70–150, 36 FR 912, Jan. 20, Sector Guam’s office is located in 1971] Santa Rita, Guam. The boundaries of Sector Guam’s Marine Inspection Zone § 3.85–10 Sector Juneau: Southeast and Captain of the Port Zone comprise Alaska Marine Inspection Zone and the Territory of Guam and the adja- Captain of the Port Zones. cent waters of the EEZ, and the Com- Sector Juneau’s office is located in monwealth of the Northern Mariana Is- Juneau, AK. The boundaries of Sector lands and the adjacent waters of the Juneau’s Southeast Alaska Marine In- EEZ. Sector Guam’s Marine Inspection spection and Captain of the Port Zones Zone also includes the Republic of start at latitude 60°01′18″ N, longitude Palau, the Republic of the Marshall Is- 142°00′00″ W, proceeding northeast to lands, and the Federated States of Mi- the EEZ near the Canadian border at cronesia. latitude 60°18′24″ N, longitude 141°00′00″ W; thence south and east along the [USCG–2006–25556, 72 FR 36326, July 2, 2007, as amended by USCG–2010–0351, 75 FR 36277, EEZ on the United States-Canadian June 25, 2010] shore side boundary to the intersection of the Canadian coast and the Coast § 3.70–20 Activities Far East Marine In- Guard District Seventeen southern bor- spection Zone. der at latitude 54°40′00″ N, longitude (a) Activities Far East’s office is lo- 131°15′06″ W; thence west along the cated in Yokota, Japan. The bound- southern border of Coast Guard Dis- aries of Activities Far East’s Marine trict Seventeen to the intersection Inspection Zone coincide with the with the outermost extent of the EEZ boundaries of the Fourteenth Coast at latitude 54°38′11″ N, longitude Guard District, which are described in 140°01′26″ W; thence north along the § 3.70–1, excluding those areas within outermost extent of the EEZ to lati- the Honolulu and Guam Marine Inspec- tude 56°14′50″ N, longitude 142°00′00″ W; tion Zones, as described in this part. thence north to the point of origin. (b) Only for this part, the boundary [USCG–2006–25556, 72 FR 36326, July 2, 2007] between Activities Far East and Ac- tivities Europe Marine Inspection § 3.85–15 Sector Anchorage: Western Zones is demarked by a southerly line Alaska Marine Inspection Zone and bisecting the border of the Republic of Captain of the Port Zones; Marine India and the Islamic Republic of Paki- Safety Unit Valdez: Prince William stan. Sound Marine Inspection and Cap- tain of the Port Zones. [USCG–2010–0351, 75 FR 36277, June 25, 2010] Sector Anchorage’s office is located in Anchorage, AK. A subordinate unit, Subpart 3.85—Seventeenth Coast Marine Safety Unit (MSU) Valdez, is Guard District located in Valdez, AK. (a) Sector Anchorage’s Western Alas- § 3.85–1 Seventeenth district. ka Marine Inspection and Captain of (a) The District Office is in Juneau, the Port Zones start near the Canadian Alaska. border on the EEZ at latitude (b) The Seventeenth Coast Guard Dis- 60°18′24″ N, longitude 141°00′00″ W, pro- trict shall comprise the State of Alas- ceeding southwest to latitude 60°01′18″ ka; the ocean area bounded by a line N, longitude 142°00′00″ W; thence south from the Canadian Coast at latitude to the outermost extent of the EEZ at

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latitude 56°14′50″ N, longitude 142°00′00″ § 4.01 Purpose. W; thence southwest along the outer- This part collects and displays the most extent of the EEZ to latitude control numbers assigned to informa- 51°22′15″ N, longitude 167°38′28″ E; thence tion collection requirements of the northeast along the outermost extent Coast Guard by the Office of Manage- of the EEZ to latitude 65°30′00″ N, lon- ment and Budget pursuant to the Pa- gitude 168°58′37″ W; thence north along perwork Reduction Act of 1980, (Pub. L. the outermost extent of the EEZ to 96–511, 44 U.S.C. 3501 et seq.). The Coast latitude 72°46′29″ N, longitude 168°58′37″ Guard intends that this subpart com- W; thence northeast along the outer- ply with the requirements of section most extent of the EEZ to latitude 3507(f) of the Paperwork Reduction Act, 74°42′35″ N, longitude 156°28′30″ W; which requires that agencies display a thence southeast along the outermost current control number assigned by the extent of the EEZ to latitude 72°56′49″ Director of the Office of Management N, longitude 137°34′08″ W; thence south and Budget (‘‘OMB’’) for each agency along the outermost extent of the EEZ information collection requirement. to the coast near the Canadian border [CGD 84–050, 49 FR 26584, June 28, 1984] at latitude 69°38′48.88″ N, longitude 140°59′52.7″ W; thence south along the § 4.02 Display. United States-Canadian boundary to 33 CFR part or section where Current the point of origin; and in addition, all identified and described OMB control No. the area described in paragraph (b) of Part 6 ...... 1625–0020 this section. Part 67 ...... 1625–0011 (b) The boundaries of MSU Valdez’s Part 96 ...... 1625–0084 Prince William Sound Marine Inspec- Part 100 ...... 1625–0008 Part 101 ...... 1625–0077 tion and Captain of the Port Zones Section 101.115 ...... 1625–0017 start at Cape Puget at latitude 59°56′04″ Part 103 ...... 1625–0077 ° ′ ″ Part 104 ...... 1625–0077 N, longitude 148 26 00 W, proceeding Section 104.297 ...... 1625–0017 north to latitude 61°30′00″ N, longitude Part 105 ...... 1625–0077 148°26′00″ W; thence east to the United Part 106 ...... 1625–0077 Part 115 ...... 1625–0015 States-Canadian boundary at latitude Part 116 ...... 1625–0073 61°30′00″ N, longitude 141°00′00″ W; Part 120 ...... 1625–0077 thence south along the United States- Section 126.15(c) ...... 1625–0016 ° ′ ″ Section 126.17 ...... 1625–0005 Canadian boundary to latitude 60 18 24 Part 127 ...... 1625–0049 N, longitude 141°00′00″ W; thence south- Section 127.617 ...... 1625–0016 west to the sea at latitude 60°01′18″ N, Section 127.1603 ...... 1625–0016 ° ′ ″ Part 128 ...... 1625–0077 longitude 142 00 00 W; thence south to Part 130 ...... 1625–0046 the outermost extent of the EEZ at Part 138 ...... 1625–0046 latitude 56°14′50″ N, longitude 142°00′00″ Section 140.15 ...... 1625–0050 Section 140.103 ...... 1625–0054 W; thence along the outermost bound- Section 141.35 ...... 1625–0098 ary of the EEZ to latitude 54°49′26″ N, Part 143 ...... 1625–0059 longitude 148°26′00″ W; thence north to Part 144 ...... 1625–0059 the point of origin. Part 145 ...... 1625–0059 Part 146 ...... 1625–0001 and [USCG–2006–25556, 72 FR 36326, July 2, 2007, as 1625–0059 Section 146.130 ...... 1625–0044 amended by USCG–2008–0073, 73 FR 15080, Section 146.140 ...... 1625–0059 Mar. 21, 2008] Section 146.210 ...... 1625–0059 Part 151 ...... 1625–0009 Section 151.19 ...... 1625–0041 PART 4—OMB CONTROL NUMBERS Section 151.21 ...... 1625–0041 ASSIGNED PURSUANT TO THE PA- Section 151.43 ...... 1625–0045 Section 151.55 ...... 1625–0072 PERWORK REDUCTION ACT Section 151.57 ...... 1625–0072 Section 151.2040 ...... 1625–0069 Sec. Section 153.203 ...... 1625–0096 Section 154.107 ...... 1625–0095 4.01 Purpose. Section 154.108 ...... 1625–0095 4.02 Display. Section 154.110 ...... 1625–0093 Section 154.300 through 154.325 ..... 1625–0021 AUTHORITY: 44 U.S.C. 3507; Department of Section 154.710 ...... 1625–0039 Homeland Security Delegation No. 0170.1. Section 154.740 ...... 1625–0039

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33 CFR part or section where Current 5.21 Ranks, titles, designations, or grades. identified and described OMB control No. 5.23 Advancement. 5.25 Honorary members. Section 154.804 ...... 1625–0060 Section 154.806 ...... 1625–0060 5.27 Assignment to specific duties. Section 154.1220 ...... 1625–0066 5.29 Assignment to duty on a motorboat, Section 154.1225 ...... 1625–0066 yacht, aircraft, or radio station. Section 155.120 ...... 1625–0051 and 5.31 Power and authority. 1625–0095 5.33 Training, examination, and assign- Section 155.130 ...... 1625–0051 and ment. 1625–0095 Section 155.710 ...... 1625–0072 5.35 Use of facilities. Section 155.715 ...... 1625–0072 5.37 Offer of facilities. Section 155.720 ...... 1625–0030 5.39 Acceptance of facilities. Section 155.740 ...... 1625–0030 5.41 Emergencies. Section 155.750 ...... 1625–0030 5.43 Public vessels, aircraft, and radio sta- Section 155.820 ...... 1625–0030 Section 155.820(d) ...... 1625–0039 tions. Section 156.107 ...... 1625–0095 5.45 Return of facility. Section 156.110 ...... 1625–0095 5.47 Auxiliary ensign. Section 156.120 ...... 1625–0039 5.48 Auxiliary Patrol Boat ensign. Section 156.150 ...... 1625–0039 5.49 Reimbursement for expenses. Part 156, Subpart B ...... 1625–0042 Section 156.200 ...... 1625–0042 5.55 Compensation. Part 157 ...... 1625–0036 and 5.57 Traveling expenses and per diem. 1625–0041 5.59 Medical treatment and hospitalization. Section 157.37 ...... 1625–0041 5.61 Uniforms. Section 157.415 ...... 1625–0083 5.63 Insignia. Section 157.420 ...... 1625–0083 5.65 Medals. Section 157.430 ...... 1625–0083 Section 157.435 ...... 1625–0083 5.69 Limitations of rights, privileges, and Section 157.450 ...... 1625–0083 benefits. Section 157.455 ...... 1625–0083 Part 158 ...... 1625–0045 AUTHORITY: 14 U.S.C. 633, 892; Pub. L. 107– Section 158.140 ...... 1625–0045 296, 116 Stat. 2135; Department of Homeland Section 158.150 ...... 1625–0045 Security Delegation No. 0170. Section 158.165 ...... 1625–0045 Section 158.190 ...... 1625–0045 SOURCE: CGFR 48–64, 13 FR 8393, Dec. 28, Part 159 ...... 1625–0041 and 1948, unless otherwise noted. 1625–0092 Part 160 ...... 1625–0043 and § 5.01 Definitions. 1625–0100 Part 161 ...... 1625–0043 Certain terms used in this part are Part 164 ...... 1625–0043 and defined as follows: 1625–0082 (a) Act means the Coast Guard Auxil- Part 165 ...... 1625–0020 and 1625–0043 iary and Reserve Act of 1941, as amend- Section 165.100 ...... 1625–0088 ed, and recodified by Act of August 4, Section 165.803(i) ...... 1625–0023 1949, as 14 U.S.C. 821 through 832. Section 165.1709 ...... 1625–0043 Section 169.140 ...... 1625–0103 (b) Auxiliary means the United States Section 173.55 ...... 1625–0003 Coast Guard Auxiliary established pur- Section 179.13 ...... 1625–0010 suant to the Act. Section 179.15 ...... 1625–0010 Section 181.21 through 181.31 ...... 1625–0056 (c) Commandant means the Com- Part 183 ...... 1625–0056 mandant of the United States Coast Part 187 ...... 1625–0070 Guard. (d) Member means any person who is [69 FR 34924, June 23, 2004] a member of the Auxiliary. (e) Vessel means a motorboat or PART 5—COAST GUARD AUXILIARY yacht. (f) Motorboat means any documented Sec. or numbered vessel propelled by ma- 5.01 Definitions. chinery, not more than 65 feet in 5.03 Purpose. length measured end to end over the 5.05 Organization. deck excluding sheer. 5.07 Administration. (g) Yacht means either (1) any docu- 5.09 Eligibility for membership. mented or numbered vessel used exclu- 5.11 Membership in military organizations. 5.13 Application for membership. sively for pleasure, or (2) any sailboat 5.15 Admission to membership. used exclusively for pleasure over 16 5.17 Disenrollment. feet in length measured from end to 5.19 Training. end over the deck excluding sheer.

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(h) Radio station means any equip- not less than a twenty-five percent in- ment (including a building which terest in a motorboat, yacht, aircraft, houses such equipment) the use of or radio station; or have had such spe- which to transmit communications by cial training or experience as to qual- radio is authorized pursuant to law. ify him in the opinion of the Com- (i) Aircraft means any contrivance mandant, for duty in the Auxiliary. now known or hereafter invented, used or designed for navigation of or flight [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] in the air. § 5.11 Membership in military organi- (j) Secretary means the Secretary of zations. Homeland Security when the Coast Guard operates in the Department of Members of the Auxiliary may also Homeland Security or the Secretary of be enrolled, enlisted or commissioned the Navy when the Coast Guard oper- in the Coast Guard Reserve. Member- ates as part of the Navy. ship in the Auxiliary is not a bar to (k) Facility or facilities means a ves- membership in any other naval or mili- sel, aircraft, and/or radio station. tary organization. [CGFR 48–64, 13 FR 8393, Dec. 28, 1948, as § 5.13 Application for membership. amended by CGFR 59–58, 24 FR 10717, Dec. 25, 1959; CGD 96–026, 61 FR 33662, June 28, 1996; Application for membership in the USCG–2003–14505, 68 FR 9534, Feb. 28, 2003] Auxiliary shall be made on the prescribed form which may be obtained § 5.03 Purpose. from the Commander of the Coast The Auxiliary was created in order to Guard district in which located. Mem- assist the Coast Guard to: bership is based on the needs of the (a) Promote safety and to effect res- Auxiliary and will necessarily vary in cues on and over the high seas and on the various Coast Guard districts. navigable waters. [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] (b) Promote efficiency in the operation of motorboats and yachts. § 5.15 Admission to membership. (c) Foster a wider knowledge of, and better compliance with, the laws, rules, An applicant who is accepted for and regulations governing the oper- membership shall be enrolled in the ation of motorboats and yachts. Auxiliary and shall be issued a mem- (d) Facilitate other operations of the bership certificate and identification Coast Guard. card. Mere ownership of such a certificate or card shall not entitle a member § 5.05 Organization. of the Auxiliary to be vested with or The Auxiliary is a nonmilitary orga- exercise any right, privilege, power, or nization administered by the Com- duty vested in or imposed upon the per- mandant, under the direction of the sonnel of the Coast Guard or the Coast Secretary. Guard Reserve. [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] § 5.07 Administration. Any authority vested in the Com- § 5.17 Disenrollment. mandant by this part may be delegated A member of the Auxiliary shall be by him to such personnel of the Coast disenrolled on request; upon ceasing to Guard, in such manner and to such ex- possess the qualifications for member- tent, as he deems necessary or appro- ship; for cause; upon direction of the priate for the functioning, organiza- Commandant; or upon death. tion, and internal administration of the Auxiliary. [CGFR 59–58, 24 FR 10717, Dec. 25, 1959]

§ 5.09 Eligibility for membership. § 5.19 Training. To be eligible for membership in the The Commandant may authorize Auxiliary, a person (male or female) members of the Auxiliary to pursue must be over 17 years of age; a citizen correspondence courses conducted by of the United States or of its Terri- the Coast Guard Institute at cost when tories and possessions; and either own the furnishing of such courses does not

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interfere with other regular Coast § 5.33 Training, examination, and as- Guard activities. signment. The Commandant will prescribe the § 5.21 Ranks, titles, designations, or grades. type of training, qualifications and examinations required before a member The members of the Auxiliary shall of the Auxiliary shall be deemed quali- have such ranks, titles, designations, fied to perform certain duties, and will or grades, pursuant to their qualifica- prescribe the circumstances and man- tions, as the Commandant considers ner in which certain members of the necessary for the administration and Auxiliary shall be authorized to per- operation of the Auxiliary. form regular and emergency specific duties. § 5.23 Advancement. The Commandant shall prescribe the § 5.35 Use of facilities. circumstances and qualifications under Section 826 of Title 14, U.S. Code, which members of the Auxiliary may reads as follows: be advanced. The Coast Guard may utilize for any pur- § 5.25 Honorary members. pose incident to carrying out its functions and duties as authorized by the Secretary For conspicuous service to or active any motorboat, yacht, aircraft, or radio sta- interest in the Auxiliary, the Com- tion placed at its disposition for any of such mandant may award any person with purposes by any member of the Auxiliary, by honorary membership in the Auxiliary. any corporation, partnership, or association, An honorary member of the Auxiliary, or by any State or political subdivision solely by reason of such honorary thereof. membership, shall not be entitled to [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] any of the rights, benefits, privileges, duties, or obligations of regular mem- § 5.37 Offer of facilities. bers of the Auxiliary. Any member of the Auxiliary desiring to place a vessel, aircraft, or radio § 5.27 Assignment to specific duties. station at the disposal of the Coast Members of the Auxiliary shall not Guard pursuant to the Act and the reg- be assigned to specific duties until they ulations in this part, shall commu- have been found, after appropriate nicate with the Commander of the training and examination, to be com- Coast Guard district in which located petent to perform such duties. indicating in such communication which facility is offered. Except in § 5.29 Assignment to duty on a motor- emergencies, an offer to the Coast boat, yacht, aircraft, or radio sta- Guard must be made on the prescribed tion. form. No member of the Auxiliary shall be placed in charge of a motorboat, yacht, [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] aircraft, or radio station assigned to § 5.39 Acceptance of facilities. Coast Guard duty unless he has been specifically designated by authority of No vessel, aircraft or radio station the Commandant to perform such duty. shall be deemed loaned to the Coast Guard until an acceptance, on the pre- § 5.31 Power and authority. scribed form, has been signed on behalf of the Coast Guard by a person author- Members of the Auxiliary, when as- ized by the Commandant to sign such signed to specific duties shall, unless acceptance and a complete inventory otherwise limited by the Commandant, of consumable and expendable stores be vested with the same power and au- and equipment has been made and mu- thority, in execution of such duties, as tually settled by the owner and the members of the regular Coast Guard representative of the Coast Guard. assigned to similar duties. [CGFR 59–58, 24 FR 10717, Dec. 25, 1959]

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§ 5.41 Emergencies. take all proper precautions to protect In an emergency, as declared by the the interest of the owner as well as Commandant, the offer of a vessel, air- that of the United States. craft, or radio station may be made § 5.47 Auxiliary ensign. without the use of the prescribed form, and such facility may be accepted on (a) The Coast Guard Auxiliary ensign behalf of the Coast Guard without the is a distinguishing mark, authorized by use of the acceptance section of the the Secretary, and may be displayed by above form or the inventory last above any vessel, aircraft, or radio station at mentioned. such times and under such circumstances as may be authorized by [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] the Commandant. The penalty for the § 5.43 Public vessels, aircraft, and unauthorized flying of any ensign, flag radio stations. or pennant of the Auxiliary is set forth While assigned to Coast Guard duty in § 5.67 of this part. as authorized herein: (b) The field of the Auxiliary ensign (a) Any motorboat or yacht shall be is medium blue (Coast Guard blue) with deemed to be a public vessel of the a broad diagonal white slash upon United States, and within the meaning which a matching blue Coast Guard of section 827 of title 14, U.S. Code, Auxiliary emblem is centered. The shall be deemed to be a vessel of the white slash shall be at a 70 degree United States Coast Guard. angle, rising away from the hoist. (b) Any aircraft shall be deemed to be (c) The Auxiliary emblem consists of a vessel of the United States Coast a disk with the shield of the Coat of Guard within the meaning of section Arms of the United States cir- 828 of title 14, U.S. Code, and shall be cumscribed by an annulet edged and in- deemed to be a ‘‘public aircraft’’ within scribed ‘‘U.S. COAST GUARD AUXIL- the meaning of the act of June 23, 1958 IARY’’ all in front of two crossed an- (72 Stat. 737; 49 U.S.C. 1301). chors. (c) Any radio station shall be deemed [CGD 85–073, 52 FR 36760, Oct. 1, 1987; 52 FR to be a radio station of the United 37716, Oct. 8, 1987] States Coast Guard and a ‘‘Government station’’ within the meaning of section § 5.48 Auxiliary Patrol Boat ensign. 829, title 14, U.S. Code. (a) The Coast Guard Auxiliary Patrol [CGFR 59–58, 24 FR 10717, Dec. 25, 1959] Boat ensign is authorized to be flown on all Auxiliary Operational Facility § 5.45 Return of facility. vessels under orders. The penalty for A vessel, aircraft, or radio station the unauthorized flying of any ensign, placed at the disposal of the Coast flag or pennant of the Auxiliary is set Guard for a specific period, shall be re- forth in § 5.67 of this part. turned at the expiration of such period, (b) The field of the Auxiliary Patrol unless circumstances or emergent need Boat ensign is white. A medium blue make the return impracticable at that (Coast Guard blue) Coast Guard Auxil- time. The Commandant will determine iary emblem is centered on a broad di- the method, time, and documents to be agonal red (Coast Guard red) slash exchanged upon the return to the which is at a 70 degree angle, rising to- owner of any facility. The property ward the hoist. The red (Coast Guard shall be reinventoried as of the time, red) slash is followed, away from the date and place of redelivery, and mutu- hoist, by two narrow, parallel stripes, ally settled by the owner and the rep- first a white stripe and then a medium resentative of the Coast Guard. Should blue (Coast Guard blue) stripe. The en- the vessel have been accepted under tire design is centered on the ensign. emergent conditions, any claim for lost equipment or stores must be supported [CGD 85–073, 52 FR 36760, Oct. 1, 1987] by invoices showing the date of purchase and the cost thereof by the per- § 5.49 Reimbursement for expenses. son submitting claim therefor. The rep- Any person whose facility has been resentative of the Coast Guard shall offered to and accepted by the Coast

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Guard may be reimbursed for the ac- § 5.63 Insignia. tual necessary expenses of operating Insignia, as authorized by the Sec- that facility, in accordance with appli- retary, may be purchased from the cable statutes and the procedures pre- Coast Guard at actual cost and may be scribed by the Commandant. worn by members of the Auxiliary [USCG–2003–15404, 68 FR 37740, June 25, 2003] under such circumstances, at such places, and upon such occasions as may § 5.55 Compensation. be prescribed by the Commandant. No member of the Auxiliary shall re- § 5.65 Medals. ceive any compensation for his services as a member of the Auxiliary. The Commandant may make awards, including medals, to members of the § 5.57 Traveling expenses and per Auxiliary. diem. § 5.69 Limitations of rights, privileges, A member of the Auxiliary, when as- and benefits. signed to specific duties, may be paid Section 893 of Title 14, U.S. Code, actual necessary traveling expenses, reads as follows: including a per diem allowance, in conformity with Comptroller’s Manual, Members of the Auxiliary and temporary U.S. Coast Guard. members of the Reserve shall be entitled only to such rights, privileges, and benefits [CGFR 49–46, 14 FR 7528, Dec. 16, 1949, as as are specifically set forth for them in this amended by CGFR 61–55, 26 FR 10571, Dec. 28, title or as may be specifically provided for 1961] them in any other Act of Congress. Any Act of Congress which grants rights, privileges, § 5.59 Medical treatment and hos- or benefits generally to military personnel, pitalization. or among others, to personnel of the Coast Guard and the Coast Guard Reserve, without When any member of the Auxiliary is specifically granting such rights, privileges, physically injured or dies as a result of or benefits to members of the Auxiliary or physical injury incurred while per- temporary members of the Reserve, shall not forming patrol duty or any other spe- be deemed applicable to members of the Aux- iliary or to temporary members of the Re- cific duty to which he has been as- serve. signed, such member or his beneficiary shall be entitled to the same benefits [CGFR 59–58, 24 FR 10718, Dec. 25, 1959] as are now or as may hereafter be provided for temporary members of the PART 6—PROTECTION AND SECU- Coast Guard Reserve who suffer phys- RITY OF VESSELS, HARBORS, AND ical injury or death resulting from WATERFRONT FACILITIES physical injury incurred in line of duty. Members of the Auxiliary who Subpart 6.01—Definitions contract sickness or disease while performing patrol duty or any other spe- Sec. 6.01–1 Commandant. cific duty to which they have been as- 6.01–2 District Commander. signed shall be entitled to the same 6.01–3 Captain of the Port. hospital treatment as is afforded mem- 6.01–4 Waterfront facility. bers of the Regular Coast Guard. 6.01–5 Security zone. 6.01–6 Area Commander. § 5.61 Uniforms. Members of the Auxiliary may pur- Subpart 6.04—General Provisions chase from the Coast Guard at actual 6.04–1 Enforcement. cost such uniforms as may be author- 6.04–5 Preventing access of persons, articles ized by the Secretary. Such uniforms or things to vessels, or waterfront facili- may be worn by members of the Auxil- ties. iary under such circumstances and 6.04–6 Establishing security zones; prohibi- upon such occasions as may be author- tions with respect thereto. 6.04–7 Visitation, search, and removal. ized by the Commandant. 6.04–8 Possession and control of vessels.

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6.04–11 Assistance of other agencies. § 6.01–3 Captain of the Port. Subpart 6.10—Identification and Exclusion Captain of the Port as used in this of Persons From Vessels and Water- part, means the officer of the Coast front Facilities Guard, under the command of a Dis- trict Commander, so designated by the 6.10–1 Issuance of documents and employ- Commandant for the purpose of giving ment of persons aboard vessels. immediate direction to Coast Guard 6.10–5 Access to vessels and waterfront facilities. law enforcement activities within his 6.10–7 Identification credentials. assigned area. In addition, the District 6.10–9 Appeals. Commander shall be Captain of the Port with respect to remaining areas in Subpart 6.12—Supervision and Control of his District not assigned to officers Explosives or Other Dangerous Cargo designated by the Commandant as Cap- 6.12–1 General supervision and control. tain of the Port. 6.12–3 Approval of facility for dangerous [EO 11249, 30 FR 13001, Oct. 13, 1965] cargo. § 6.01–4 Waterfront facility. Subpart 6.14—Security of Waterfront Facilities and Vessels in Port Waterfront facility. ‘‘Waterfront facility,’’ as used in this part, means all 6.14–1 Safety measures. piers, wharves, docks, or similar struc- 6.14–2 Condition of waterfront facility a tures to which vessels may be secured danger to vessel. and naval yards, stations, and installa- Subpart 6.16—Sabotage and Subversive tions, including ranges; areas of land, Activity water, or land and water under and in immediate proximity to them; build- 6.16–1 Reporting of sabotage and subversive ings on them or contiguous to them activity. and equipment and materials on or in 6.16–3 Precautions against sabotage. them. Subpart 6.18—Penalties [EO 13143, 64 FR 68273, Dec. 6, 1999]

6.18–1 Violations. § 6.01–5 Security zone. Subpart 6.19—Responsibility for Security of Security zone as used in this part, Vessels and Waterfront Facilities means all areas of land, water, or land and water, which are so designated by 6.19–1 Primary responsibility. the Captain of the Port for such time AUTHORITY: 40 Stat. 220, as amended; 50 as he deems necessary to prevent dam- U.S.C. 191. age or injury to any vessel or water- SOURCE: E. O. 10173, 15 FR 7012, Oct. 20, front facility, to safeguard ports, har- 1950, unless otherwise noted. bors, territories, or waters of the United States or to secure the observ- CROSS REFERENCE: For regulations implementing the general enforcement provisions ance of the rights and obligations of contained in Subparts 6.01—Definitions and the United States. 6.04—General Provisions, see part 125 of this [EO 11249, 30 FR 13001, Oct. 13, 1965] chapter. § 6.01–6 Area Commander. Subpart 6.01—Definitions Area Commander, as used in this part, § 6.01–1 Commandant. means the officer of the Coast Guard designated by the Commandant to Commandant as used in this part, command a Coast Guard Area. means the Commandant of the United States Coast Guard. [EO 13273, 67 FR 56215, Sept. 3, 2002] § 6.01–2 District Commander. Subpart 6.04—General Provisions District Commander as used in this part, means the officer of the Coast § 6.04–1 Enforcement. Guard designated by the Commandant (a) The rules and regulations in this to command a Coast Guard District. part shall be enforced by the Captain of

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the Port under the supervision and § 6.04–7 Visitation, search, and re- general direction of the District Com- moval. mander, Area Commander, and the The Captain of the Port may cause to Commandant. All authority and power be inspected and searched at any time vested in the Captain of the Port by any vessel, waterfront facility, or secu- the regulations in this part shall be rity zone, or any person, article, or deemed vested in and may be exercised thing thereon or therein, within the ju- by the District Commander, Area Com- risdiction of the United States, may mander, and the Commandant. place guards upon any such vessel, wa- (b) The rules and regulations in this terfront facility, or security zone and part may be enforced by any other offi- may remove therefrom any and all per- cer or petty officer of the Coast Guard sons, articles, or things not specifically designated by the District Commander, authorized by him to go or remain Area Commander, or the Commandant. thereon or therein. (c) Any authority or power under this [EO 11249, 30 FR 13002, Oct. 13, 1965] part vested in, delegated to, or exercised by a member of the Coast Guard § 6.04–8 Possession and control of ves- shall be subject to the direction of the sels. Secretary of the Department in which The Captain of the port may super- the Coast Guard is operating. vise and control the movement of any [EO 13273, 67 FR 56215, Sept. 3, 2002] vessel and shall take full or partial possession or control of any vessel or § 6.04–5 Preventing access of persons, any part thereof, within the territorial articles or things to vessels, or wa- waters of the United States under his terfront facilities. jurisdiction, whenever it appears to The Captain of the Port may prevent him that such action is necessary in any person, article, or thing from order to secure such vessel from dam- boarding or being taken or placed on age or injury, or to prevent damage or board any vessel or entering or being injury to any vessel or waterfront fa- taken into or upon or placed in or upon cility or waters of the United States, any waterfront facility whenever it ap- or to secure the observance of rights pears to him that such action is nec- and obligations of the United States. essary in order to secure such vessel from damage or injury or to prevent § 6.04–11 Assistance of other agencies. damage or injury to any vessel, or wa- The Captain of the port may enlist terfront facility or waters of the the aid and cooperation of Federal, United States, or to secure the observ- State, county, municipal, and private ances of rights and obligations of the agencies to assist in the enforcement of United States. regulations issued pursuant to this part. [EO 11249, 30 FR 13001, Oct. 13, 1965]

§ 6.04–6 Establishing security zones; Subpart 6.10—Identification and prohibitions with respect thereto. Exclusion of Persons From The Captain of a Port may establish Vessels and Waterfront Facili- security zones subject to the terms and ties conditions specified in § 6.01–5. No per- § 6.10–1 Issuance of documents and son or vessel shall enter a security employment of persons aboard ves- zone without the permission of the sels. Captain of the Port. No person shall No person shall be issued a document board or take or place any article or required for employment on a mer- thing on board any vessel in a security chant vessel of the United States nor zone without the permission of the shall any person be employed on a mer- Captain of the Port. No person shall chant vessel of the United States un- take or place any article or thing upon less the Commandant is satisfied that any waterfront facility in any such the character and habits of life of such zone without such permission. person are such as to authorize the be- [EO 11249, 30 FR 13001, Oct. 13, 1965] lief that the presence of the individual

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on board would not be inimical to the composed of one Coast Guard officer, security of the United States: Provided, one member drawn from management, That the Commandant may designate and one member drawn from labor. The categories of merchant vessels to members drawn from management and which the foregoing shall not apply. labor shall, upon suitable security [EO 10352, 17 FR 4624, May 21, 1952] clearance, be nominated by the Sec- retary of Labor. Such members shall be § 6.10–5 Access to vessels and water- deemed to be employees of the United front facilities. States and shall be entitled to com- Any person on board any vessel or pensation under the provisions of sec- any person seeking access to any vessel tion 15 of the act of August 2, 1946 (5 or any waterfront facility within the U.S.C. 55a) while performing duties in- jurisdiction of the United States may cident to such employment. The Board be required to carry identification cre- shall consider each appeal brought be- dentials issued by or otherwise satis- fore it and, in recommending final ac- factory to the Commandant. The Com- tion to the Commandant, shall insure mandant may define and designate the appellant all fairness consistent those categories of vessels and areas of with the safeguarding of the national the waterfront wherein such creden- security. tials are required.

§ 6.10–7 Identification credentials. Subpart 6.12—Supervision and The identification credential to be Control of Explosives or Other issued by the Commandant shall be Dangerous Cargo known as the Coast Guard Port Secu- rity Card, and the form of such creden- § 6.12–1 General supervision and con- tial, and the conditions and the man- trol. ner of its issuance shall be as pre- The Captain of the Port may super- scribed by the Commandant after con- vise and control the transportation, sultation with the Secretary of Labor. handling, loading, discharging, stow- The Commandant shall not issue a age, or storage of hazardous materials Coast Guard Port Security Card unless on board vessels as covered by the reg- he is satisfied that the character and ulations in 49 CFR parts 170–189, 46 CFR habits of life of the applicant therefor parts 150–156, 46 CFR parts 146–148 and are such as to authorize the belief that the regulations governing tank vessels the presence of such individual on (46 CFR parts 30–39). board a vessel or within a waterfront facility would not be inimical to the [CGD 77–228, 43 FR 53427, Nov. 16, 1978] security of the United States. The Commandant shall revoke and require § 6.12–3 Approval of facility for dan- the surrender of a Coast Guard Port gerous cargo. Security Card when he is no longer sat- The Commandant may designate wa- isfied that the holder is entitled there- terfront facilities for the handling and to. The Commandant may recognize for storage of, and for vessel loading and the same purpose such other creden- discharging, explosives, inflammable or tials as he may designate in lieu of the combustible liquids in bulk, or other Coast Guard Port Security Card. dangerous articles or cargo covered by [EO 10277, 16 FR 7541, Aug. 2, 1951] the regulations referred to in § 6.12–1, and may require the owners, operators, § 6.10–9 Appeals. masters, and others concerned to se- Persons who are refused employment cure permits for such handling, stor- or who are refused the issuance of doc- age, loading, and unloading from the uments or who are required to sur- Captain of the Port, conditioned upon render such documents, under this sub- the fulfillment of such requirements part, shall have the right of appeal, and for the safeguarding of such waterfront the Commandant shall appoint Boards facilities and vessels as the Com- for acting on such appeals. Each such mandant may prescribe. Board shall, so far as practicable, be

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Subpart 6.14—Security of Water- and to the captain of the port, or to front Facilities and Vessels in their respective representatives. Port § 6.16–3 Precautions against sabotage. § 6.14–1 Safety measures. The master, owner, agent, or oper- The Commandant, in order to achieve ator of a vessel or waterfront facility the purposes of this part, may pre- shall take all necessary precautions to scribe such conditions and restrictions protect the vessel, waterfront facility, relating to the safety of waterfront fa- and cargo from sabotage. cilities and vessels in port as he finds to be necessary under existing cir- Subpart 6.18—Penalties cumstances. Such conditions and restrictions may extend, but shall not be § 6.18–1 Violations. limited to, the inspection, operation, Section 2, Title II of the act of June maintenance, guarding, and manning 15, 1917, as amended, 50 U.S.C. 192, proof, and fire-prevention measures for, vides as follows: such vessels and waterfront facilities. If any owner, agent, master, officer, or per- [EO 10277, 16 FR 7541, Aug. 2, 1951] son in charge, or any member of the crew of any such vessel fails to comply with any reg- § 6.14–2 Condition of waterfront facil- ulation or rule issued or order given under ity a danger to vessel. the provisions of this title, or obstructs or Whenever the captain of the port interferes with the exercise of any power finds that the mooring of any vessel to conferred by this title, the vessel, together a wharf, dock, pier, or other waterfront with her tackle, apparel, furniture, and structure would endanger such vessel, equipment, shall be subject to seizure and forfeiture to the United States in the same or any other vessel, or the harbor or manner as merchandise is forfeited for viola- any facility therein by reason of condition of the customs revenue laws; and the tions existing on or about such wharf, person guilty of such failure, obstruction, or dock, pier, or other waterfront struc- interference shall be punished by imprison- ture, including, but not limited to, in- ment for not more than ten years and may, adequate guard service, insufficient in the discretion of the court, be fined not lighting, fire hazards, inadequate fire more than $10,000. protection, unsafe machinery, internal (a) If any other person knowingly fails to disturbance, or unsatisfactory oper- comply with any regulation or rule issued or ation, the captain of the port may pre- order given under the provisions of this title, vent the mooring of any vessel to such or knowingly obstructs or interferes with wharf, dock, pier, or other waterfront the exercise of any power conferred by this structure until the unsatisfactory con- title, he shall be punished by imprisonment for not more than ten years and may, at the dition or conditions so found are cor- discretion of the court, be fined not more rected, and he may, for the same rea- than $10,000. sons, after any vessel has been moored, compel the shifting of such vessel from any such wharf, dock, pier, or other Subpart 6.19—Responsibility for waterfront structure. Security of Vessels and Water- front Facilities [EO 10277, 16 FR 7541, Aug. 2, 1951] § 6.19–1 Primary responsibility. Subpart 6.16—Sabotage and Nothing contained in this part shall Subversive Activity be construed as relieving the masters, owners, operators, and agents of ves- § 6.16–1 Reporting of sabotage and sels or other waterfront facilities from subversive activity. their primary responsibility for the Evidence of sabotage or subversive protection and security of such vessels activity involving or endangering any or waterfront facilities. vessel, harbor, port, or waterfront facility shall be reported immediately to [EO 10277, 16 FR 7541, Aug. 2, 1951] the Federal Bureau of Investigation

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PART 8—UNITED STATES COAST (d) Most Coast Guard Reservists are GUARD RESERVE fully integrated into active duty Coast Guard units. There, Reservists perform Sec. the same duties and have the same re- 8.1 Functions of the Coast Guard Reserve. sponsibilities as their active duty 8.3 Organization of the Coast Guard Re- counterparts. Their integrated work serve. prepares Reservists to perform the du- 8.5 Regulations for the Coast Guard Re- ties of their mobilization assignments serve. while at the same time providing as- 8.7 Information. sistance to the active service. Some AUTHORITY: 14 U.S.C. 633. Reservists are assigned to dedicated Reserve units where they train and mo- SOURCE: CGD 79–105, 48 FR 36449, Aug. 11, bilize in support of national defense op- 1983, unless otherwise noted. erations. § 8.1 Functions of the Coast Guard Re- [CGD 96–026, 61 FR 33662, June 28, 1996] serve. (a) The Coast Guard Reserve is a § 8.5 Regulations for the Coast Guard component of the Coast Guard. The Reserve. Coast Guard Reserve trains personnel (a) Regulations for the Coast Guard for mobilization and for augmentation Reserve are established by the Com- of the regular Coast Guard. mandant. (b) Members of the Coast Guard Re- (b) Permanent regulations are pub- serve can be used for: lished in Coast Guard publications and 1. Partial or full mobilization under manuals and include the following: 10 U.S.C. 12301; (1) Coast Guard Regulations. (2) Voluntary or involuntary call-up (2) Coast Guard Organization Manual. for emergency augmentation of the (3) Coast Guard Reserve Policy Man- regular Coast Guard during time of se- ual. rious natural or man-made disaster (4) Personnel Manual. under 14 U.S.C. 712; and (5) Recruiting Manual. (3) Augmentation of the regular (6) Military Justice Manual. Coast Guard during active duty or inactive duty for training. (7) Comptroller Manual. (c) A member of the Reserve on ac- (c) Temporary regulations and orders tive duty or inactive duty training has affecting Reservists are included in in- the same authority, rights, and privi- structions or notices in the Coast leges in the performance of that duty Guard directives system. as a member of the regular Coast (d) Other regulations that affect the Guard of corresponding grade or rating. Reserve are located in Department of Defense and Department of the Navy [CGD 79–105, 48 FR 36449, Aug. 11, 1983, as regulations in Title 32 of the Code of amended by CGD 97–023, 62 FR 33361, June 19, Federal Regulations. 1997] [CGD 96–026, 61 FR 33662, June 28, 1996, as § 8.3 Organization of the Coast Guard amended by CGD 97–023, 62 FR 33362, June 19, Reserve. 1997] (a) The Coast Guard Reserve is organized, trained and equipped under the § 8.7 Information. direction of the Commandant. (a) Information concerning the Coast (b) The Director of Reserve and Guard Reserve may be obtained from Training is responsible for the overall Commandant (CG–13), 2100 2nd St. SW., administration and supervision of the Stop 7801, Washington, DC 20593–7801. Reserve. (b) Information and requirements for (c) In Atlantic Area, Integrated Sup- enlistment in the Coast Guard Reserve port Commands have responsibility for or concerning the procurement of offi- local Reserve issues; however, in Pa- cers for the Coast Guard Reserve can cific Area, responsibility for local Re- be obtained from the following offices: serve issues remains with District (1) Any Coast Guard Recruiting Of- Commanders. fice.

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(2) Coast Guard Recruiting Center, the rescue or attempted rescue takes 4200 Wilson Boulevard, Suite 450, Ar- place outside such waters, one or the lington, VA 22203. other of the parties must be a citizen of the United States or from a vessel or [CGD 96–026, 61 FR 33662, June 28, 1996, as amended by USCG–2010–0351, 75 FR 36278, aircraft owned or operated by citizens June 25, 2010] of the United States. If such rescue or attempted rescue is made at the risk of PART 13—DECORATIONS, MEDALS, one’s own life and evidences extreme RIBBONS AND SIMILAR DEVICES and heroic daring, the medal shall be of gold. If such rescue or attempted rescue is not sufficiently distinguished to Subpart 13.01—Gold and Silver Lifesaving deserve the medal of gold but evidences Medals, Bars, and Miniatures the exercise of such signal exertion as Sec. to merit recognition, the medal shall 13.01–1 General. be of silver. Lifesaving Medals may be 13.01–5 Gold and Silver Lifesaving Medals. awarded posthumously. 13.01–10 Gold and silver bars. 13.01–15 Applications and recommendations. § 13.01–10 Gold and silver bars. 13.01–20 Definitions. 13.01–25 Description of Gold Lifesaving No person shall receive more than Medal. one Gold Lifesaving Medal and one Sil- 13.01–30 Description of Silver Lifesaving ver Lifesaving Medal; but any person Medal. who has received or may hereafter re- 13.01–35 Description of gold and silver bars. ceive a Gold or Silver Lifesaving Medal 13.01–40 Miniature medals and bars. 13.01–45 Replacement of medals and bars. and who again performs an act which would entitle him to receive another AUTHORITY: Secs. 500, 633, 63 Stat. 536, 545, medal of the same class, may be award- sec. 6(b)(1), 80 Stat. 938; 14 U.S.C. 500, 633; 49 ed, in lieu of a second medal of the U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f). same class, a gold or silver bar, as the SOURCE: CGFR 68–134, 33 FR 18932, Dec. 19, case may be, to be worn with the medal 1968, unless otherwise noted. already bestowed, and for every such additional act, an additional bar may Subpart 13.01—Gold and Silver be awarded. Gold and silver bars may Lifesaving Medals, Bars, and be awarded posthumously. Miniatures § 13.01–15 Applications and rec- § 13.01–1 General. ommendations. Lifesaving Medals of gold and silver, (a) All administrative details per- designated as the Gold Lifesaving taining to the award of Lifesaving Med- Medal and the Silver Lifesaving Medal, als are under the jurisdiction of the respectively, may be awarded by the Commandant. Applications and rec- Commandant, U.S. Coast Guard, here- ommendations for the award of a Life- inafter called the Commandant, under saving Medal may be filed by or in be- 14 U.S.C. 500 and the regulations in this half of the person making or attempt- subpart to persons rescuing or endeav- ing a rescue under circumstances con- oring to rescue any other person from templated by the regulations in this drowning, shipwreck or other peril of subpart. Applications or recommenda- the water. tions for award of medals or requests for information pertaining thereto § 13.01–5 Gold and Silver Lifesaving should be addressed to the Commander Medals. of the Coast Guard District, herein- Lifesaving Medals may be awarded to after called the District Commander, any person who rescues or endeavors to where the incident took place. (See rescue any other person from drown- part 3 of this subchapter for descrip- ing, shipwreck or other peril of the tions of Coast Guard Districts.) If the water. In order for a person to be eligi- District is unknown, or if the incident ble for a Lifesaving Medal the rescue or took place outside any such district, attempted rescue must take place in applications and recommendations waters within the United States or sub- should be addressed to the Com- ject to the jurisdiction thereof, or if mandant, U.S. Coast Guard, 2nd St.

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SW., Stop 7000, Washington, DC 20593– Chapter II, of the Coast Guard Supple- 7000. ment to the Manual for Courts-Martial (b) Completed applications must in- (CG–241). clude: (e) Affidavits required by this sub- (1) Satisfactory evidence of the serv- part shall be made before an officer ices performed, in the form of affida- duly authorized to administer oaths vits, made by eyewitnesses of good re- and if taken before an officer without pute and standing testifying of their an official seal, his official character own knowledge. The opinion of wit- must be certified by the proper officer nesses that the person for whom an of a court of record, under the seal award is sought imperiled his or her thereof, unless the oath be taken be- own life or made signal exertions is not fore an officer of the Armed Forces au- sufficient but the affidavits must set thorized to administer oaths under the forth in detail all facts and occurrences provisions of Article 136, UCMJ (10 tending to show clearly in what man- U.S.C. 936). ner and to what extent life was risked (f) Cognizant District Commanders or signal exertions made so that the Commandant may judge for himself as shall act upon all applications and rec- to the degree of merit involved. ommendations submitted to them from (2) The precise locality of the rescue whatever source and shall: or attempted rescue, whether from wa- (1) Forward completed applications ters within the United States or sub- with his recommendations to the Com- ject to the jurisdiction thereof, or if mandant for his consideration and de- the rescue or attempted rescue is out- termination; or, side such waters, whether one or the (2) Inform the applicant or the person other of the parties is a citizen of the submitting the recommendation that United States, or from a vessel or air- he considers such application or rec- craft owned or operated by citizens of ommendation incomplete together the United States, shall be stated. The with the reasons therefor and that a date, time of day, nature of the weath- period of 90 days will be allowed for ad- er, condition of the water, the names of ditional evidence to be provided upon all persons present when practicable, the expiration of which he will file the the names of all persons rendering as- application or recommendation with- sistance, and all pertinent cir- out further action. cumstances and data, showing the pre- (g) Whenever the cognizant District cise nature and degree of risk involved, Commander shall deem such action should be stated. necessary, he may require that the (c) Recommendations must include: aforementioned affidavits shall be ac- (1) As much of the information indi- companied by a certificate showing the cated in paragraphs (b) (1) and (2) of affiants to be credible persons, cer- this section which is available to the tified by some U.S. Officer, such as a person making the recommendation. judge or clerk of a U.S. Court, district Upon receipt the Commandant or the attorney, collector of customs, post- cognizant District Commander shall master, or officer of the Armed Forces. cause such recommendation to be re- If the affiant is a citizen or resident of ferred to an investigating officer who a foreign country and if the affidavit is shall cause to be developed such addi- executed in such foreign country, the tional information and evidence as is credibility certificate may be executed deemed necessary to either (i) termi- by an officer of such foreign country, nate the investigation as containing who occupies an official position simi- insufficient justification to continue lar to the aforementioned U.S. officers. further, or (ii) to complete the application for submission to the Com- (h) The decision of the Commandant mandant for his final determination. on all applications, recommendations, (d) Either the Commandant or the and investigations for the Gold or Sil- District Commander may, without any ver Lifesaving Medals shall be final. application or recommendation, of his [CGFR 68–134, 33 FR 18932, Dec. 19, 1968, as own motion, order an informal inves- amended by USCG–2010–0351, 75 FR 36278, tigation into such an incident under June 25, 2010]

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§ 13.01–20 Definitions. ure of a woman stands, to the left, As used in the statutes cited and in holding in her left hand an oak wreath, the regulations in this subpart: and with her right hand, preparing to (a) ‘‘Peril of the water’’ includes all inscribe the name of the recipient on perils on water caused by, or which are the monument; to the right are such by reason of, the sea or bodies of grouped a mast, a yard with a sail, an water such as lakes, bays, sounds and anchor, a sextant, and a laurel branch; rivers; whenever, wherever and in the whole is encircled by the words: whatever way human life is directly ‘‘In testimony of heroic deeds in saving imperiled by the sea or a body of water life from the perils of the water.’’ is a peril of the water. (b) Engraving: Before presentation, (b) A ‘‘shipwreck’’ includes an inci- the recipient’s name shall be inscribed dent threatening persons whose lives on the ‘‘monument’’, on the reverse of are endangered by perils of the water the medal. as well as those who are, strictly speaking, no longer in danger from the § 13.01–30 Description of Silver Life- saving Medal. sea or a body of water, that peril already having passed, but who are in (a) The Silver Lifesaving Medal is 99 imminent danger and in great need of percent pure silver and consists of a succor or rescue, as e.g., being adrift in pendant suspended by a swivel from the an open boat or stranded on some bar- head of an eagle attached to a silk ren coast where, without succor or res- grogram ribbon 1 and 3⁄8ths inches in cue, they would die of starvation, width, composed of a 3⁄16ths of an inch thirst, or exposure. blue stripe, a 1⁄32d of an inch white (c) ‘‘Waters within the United States stripe, a 15⁄16ths of an inch silver gray or subject to the jurisdiction thereof,’’ stripe, a 1⁄32d of an inch white stripe, embrace all waters within the United and a 3⁄32ds of an inch blue stripe. The States, and any other waters over pendant is 1 and 7⁄16ths inches in diame- which the United States exercises ju- ter and 3⁄32ds of an inch in thickness. risdiction. On the obverse side of the pendant there appears the figure of a woman § 13.01–25 Description of Gold Life- hovering over a man struggling in saving Medal. heavy sea and extending to him one (a) The Gold Lifesaving Medal is 99.9 end of a long scarf; the whole is encir- percent pure gold and consists of a cled by the words: ‘‘United States of pendant suspended by a swivel from the America’’, in the upper half, and ‘‘Act head of an eagle attached to a silk of Congress, August 4, 1949’’, in the grogram ribbon 1 and 3⁄8ths inches in lower half. On the reverse there ap- width, composed of a 3⁄16ths of an inch pears a laurel wreath encircled by the red stripe, a 1⁄32d of an inch white words: ‘‘In testimony of heroic deeds in stripe, a 15⁄16ths of an inch gold stripe, saving life from the perils of the a 1⁄32d of an inch white stripe, and a water.’’ 3⁄16ths of an inch red stripe. The pend- (b) Engraving: Before presentation, ant is 1 and 7⁄16ths inches in diameter the recipient’s name shall be inscribed and 3⁄32ds of an inch in thickness. There inside the laurel wreath, on the reverse appear, on the obverse side of the pend- of the medal. ant, three men in a boat in a heavy sea; one is rescuing a person clinging to a § 13.01–35 Description of gold and sil- spar at the end of which is a block and ver bars. line; another is standing, prepared to (a) The bar is plain and horizontal, heave a line; a third is rowing; in the composed of the same metal as the distance, to the left, is the wreck of a medal previously awarded recipient, vessel; the whole is encircled by the and is 1 and 5⁄8ths inches long by 3⁄16ths words: ‘‘United States of America’’, in of an inch wide with a flowing ribbon the upper half, and ‘‘Act of Congress, draped over the left end and passing in August 4, 1949’’, in the lower half. On back and appearing beneath the bar. the reverse side of the pendant there The part of the ribbon showing beneath appears, in the center a monument sur- the bar bears the inscription ‘‘Act of mounted by an American eagle; the fig- Congress, August 4, 1949’’, in raised

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block letters. The bar and ribbon are in Subpart 17.01—General Provisions folds of a spray of laurel with the leave showing above and beneath. § 17.01–1 Basis and purpose. (b) Engraving: Before presentation, In accordance with 10 U.S.C. 2601 (for- the recipient’s name shall be inscribed merly the Act of March 11, 1948, secs. 1, on the obverse of the bar. to 4, 62 Stat. 71, 72); and Treasury De- partment Order No. 167–1, dated Janu- § 13.01–40 Miniature medals and bars. ary 16, 1953 (18 FR 671), the regulations (a) Miniature Gold and Silver Life- in this part are hereby prescribed to saving Medals and bars are replicas of provide for the acceptance and subse- the Lifesaving Medals and bars, to be quent use of gifts, devises, or bequests worn on civilian clothing. Such minia- of property, real or personal, made on tures are not furnished by the Govern- the condition that they be used for the ment. benefit of, or in connection with, the (b) Miniature medals and bars may establishment, operation, mainte- procured from sources authorized by nance, or administration of any school, the Commandant, U.S. Coast Guard, to hospital, library, museum, chapel, or furnish same to persons who produce other institution or organization under original documentary evidence of hav- the jurisdiction of the United States ing been awarded the medal or bar for Coast Guard. which a miniature replica is desired. [CGFR 61–36, 26 FR 9321, Oct. 3, 1961]

§ 13.01–45 Replacement of medals and § 17.01–10 Authority to receive gifts. bars. (a) The Commandant, United States The Gold or Silver Lifesaving Medal Coast Guard, may accept, receive, hold, or bar will be replaced at cost to the or administer gifts, devises, or bequests applicant upon submitting a statement of property, real or personal, made on in affidavit form of having been award- the condition that they be used for the ed a medal or bar and the cir- benefit of, or in connection with, the cumstances involving loss of same. A establishment, operation, mainte- Lifesaving Medal or bar, however, may nance, or administration of any school, be replaced without charge in the dis- hospital, library, museum, chapel, or cretion of the Commandant, if said other institution or organization under medal or bar has, under extremely un- the jurisdiction of the United States usual circumstances, been lost, de- Coast Guard. The Commandant is au- stroyed or rendered unfit for use with- thorized to pay all necessary fees, out fault or neglect on the part of the charges, and expenses in connection person to whom it was awarded. with the conveyance or transfer of any such gifts, devises, or bequests. PART 17—UNITED STATES COAST (b) The Commandant may authorize GUARD GENERAL GIFT FUND or designate officers of the United States Coast Guard to accept gifts, de- Subpart 17.01—General Provisions vises, or bequests. [CGFR 53–18, 18 FR 3171, June 3, 1953, as Sec. amended by CGFR 61–36, 26 FR 9321, Oct. 3, 17.01–1 Basis and purpose. 1961] 17.01–10 Authority to receive gifts.

Subpart 17.05—Administration Subpart 17.05—Administration 17.05–1 Gifts. § 17.05–1 Gifts. 17.05–5 Acceptance and disbursement of gifts. The gifts or bequests may be in 17.05–10 Instructions for administration. money or negotiable instrument form. If in the form of a money order, check, AUTHORITY: Secs. 92, 633, 63 Stat. 503, as etc., it should be made payable to the amended, 545, sec. 2601, 70A Stat. 144; 14 Treasurer of the United States. U.S.C. 92, 633, 10 U.S.C. 2601; Treasury Dept. Order 167–1, 18 FR 671. [CGFR 53–18, 18 FR 3171, June 3, 1953]

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§ 17.05–5 Acceptance and disburse- PART 19—WAIVERS OF NAVIGA- ment of gifts. TION AND VESSEL INSPECTION (a) The immediate receiving person LAWS AND REGULATIONS 1 shall give a proper receipt on the proper form used by the United States Sec. Coast Guard to acknowledge receipt of 19.01 Procedures for effecting individual collections to the donor of a gift or be- waivers of navigation and vessel inspection laws and regulations. quest of money or for the proceeds 19.04 Vessels requisitioned by the United from a sale of property received as a States for emergency evacuation. gift or devise. 19.06 Vessels operated by or chartered to (b) Gifts or bequests of money, or the Military Sealift Command. proceeds from sales of property re- 19.07 Chronological record of seaman’s pre- ceived as gifts or devises shall be de- vious employment. posited in the Treasury of the United 19.15 Permits for commercial vessels han- States under symbol and title dling explosives at military installations. ‘‘20X8533—United States Coast Guard, General Gift Fund.’’ Funds so deposited AUTHORITY: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), shall be subject to disbursement by or 80 Stat. 937; 46 U.S.C. note prec. 1, 49 U.S.C. 108; Department of Homeland Security Dele- at the direction of the Commandant, gation No. 0170.1. United States Coast Guard, for the benefit or use of the designated school, § 19.01 Procedures for effecting indi- hospital, library, museum, chapel, or vidual waivers of navigation and other institution or organization under vessel inspection laws and regula- the jurisdiction of the United States tions. Coast Guard subject to the terms of the (a) It is hereby found necessary in particular gift, devise, or bequest. the interest of national defense to (c) 10 U.S.C. 2601(c) states that any waive compliance with the navigation gift, devise, or bequest of property, real and vessel inspection laws adminis- or personal, accepted under these pro- tered by the Coast Guard, as well as visions shall be deemed to be a gift, de- the regulations issued thereunder and vise, or bequest to or for the use of the contained in 46 CFR Chapter I or in United States for the purpose of Fed- this chapter, to the extent and in the eral income, estate, and gift taxes. manner and upon the terms and conditions as set forth in this section. [CGFR 53–18, 18 FR 3171, June 3, 1953, as (b) An application requesting that a amended by CGFR 61–36, 26 FR 9321, Oct. 3, waiver be made effective with respect 1961] to a particular vessel may be made by any authorized representative of an § 17.05–10 Instructions for administra- agency of the United States Govern- tion. ment or any other interested person The Commandant, United States (including the master, agent, or owner Coast Guard, will issue such detailed of the vessel involved). Except as pro- instructions as may be necessary for vided in paragraph (d) of this section, the administration of the ‘‘United the application shall be in writing. The States Coast Guard General Gift Fund’’ application shall be delivered to the or for the acceptance, operation, or Coast Guard District Commander or to maintenance of property, real or per- his designated representative at the sonal, that may be accepted for the port or place where the vessel is lo- benefit of or in connection with any cated. In the case of a vessel in any school, hospital, library, museum, port or place of the Canal Zone or in chapel, or other institution or organi- any foreign port or place, the applica- zation under the jurisdiction of the tion shall be made to the designated United States Coast Guard subject to representative of the Commandant at the terms and conditions of any par- such port or place, or if the Coast Guard has not established facilities in ticular gift, devise, or bequest.

[CGFR 61–36, 26 FR 9321, Oct. 3, 1961] 1 Also codified as 46 CFR part 6.

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such port or place, to the nearest des- to the Commandant and the remaining ignated representative of the Com- copy kept on file. mandant at a port or place where such (d) In any case of extreme urgency facilities have been established. Every the application for a waiver may be application shall contain a statement made orally and if the Coast Guard of the particular provisions of law with District Commander (or his designated respect to which waiver of compliance representative or the designated rep- is requested, a certification that the resentative of the Commandant, as the waiver of compliance with such laws case may be) reaches the conclusion re- with respect to the vessel involved is ferred to in paragraph (b) of this sec- necessary in the interest of national tion, the waiver shall be made effective defense and, an outline of the facts without further delay, subject to the upon which such certification is based. condition that the application be re- The Coast Guard District Commander duced to writing and delivered within (or his designated representative or the such period after the date of the oral designated representative of the Com- request as the Coast Guard officer mandant, as the case may be) shall making the waiver effective shall promptly examine every application specify in the order. for the purpose of determining whether (e) No penalty shall be imposed be- the necessity for prompt action is such cause of failure to comply with any as to require that the waiver be made provision of law (or regulation, if any), effective by him without reference to the waiver of which has been made ef- the Commandant. In any case in which fective pursuant to the requirements in it appears to the Coast Guard officer this section. concerned that reference of the appli- [CGFR 51–10, 16 FR 1959, Mar. 1, 1951] cation to the Commandant for action would not delay the sailing of the ves- § 19.04 Vessels requisitioned by the sel or otherwise be contrary to the in- United States for emergency evacu- terest of national defense, the applica- ation. tion shall be so referred. In all other Pursuant to the request of the Acting cases such Coast Guard officer shall Secretary of Defense, dated November give immediate consideration to the 21, 1951, made under the provisions of application and if he reaches the con- section 1 of Pub. L. 891, 81st Congress, clusion that the urgency of the situa- approved December 27, 1950, compliance tion outweighs the marine hazard in- is hereby waived with the provisions of volved, then such waiver shall be made the navigation and vessel inspection effective in regard to such vessel to the laws administered by the United States extent and under the circumstances Coast Guard, as well as the regulations specified by him. issued thereunder and contained in this (c) The Coast Guard officer making chapter, to the extent necessary to per- such a waiver effective pursuant to mit the operation of vessels which paragraph (b) of this section shall im- might be requisitioned by the United mediately prepare, in triplicate, an States for the purpose of emergency order setting forth the name of the ves- evacuation. sel involved, the laws (also regulations, if any) with respect to which the waiv- [CGFR 51–61, 16 FR 12792, Dec. 20, 1951] er is effective, the extent to which compliance with such laws (also regu- § 19.06 Vessels operated by or char- lations, if any) is waived, and the pe- tered to Military Sealift Command. riod for which the waiver shall be effec- (a) Pursuant to the request of the tive. If practicable, one copy of this Deputy Secretary of Defense, dated Au- order shall be delivered to the master gust 6, 1958, and to the request of the of the vessel involved before such ves- Assistant Secretary of Defense, Instal- sel sails. In any case where the order is lations and Logistics, dated May 23, not delivered to the master, it shall be 1964, made under the provisions of sec- delivered to the owner, operator, or tion 1 of Pub. L. 891, 81st Congress, ap- agent of the vessel without delay. One proved December 27, 1950 (64 Stat. 1120; copy of the order shall be transmitted 46 U.S.C., note preceding section 1), and

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their findings that a waiver is nec- shall immediately prepare, in quadru- essary in the interest of national de- plicate, an order setting forth: fense, compliance with the provisions (1) The name and official number of of the navigation and vessel inspection the vessel involved; laws administered by the United States (2) The laws and/or regulations with Coast Guard, as well as the regulations respect to which the waiver is effec- issued thereunder and contained in 33 tive; CFR Chapter I, or in this chapter, is (3) The extent to which compliance hereby waived to the extent and upon with such laws and/or regulations is the terms and conditions as set forth in waived; and this section, in order to permit vessels (4) The period for which the waiver operated by or chartered to the Mili- shall be effective. tary Sealift Command to carry out (d) If practicable, one copy of this their assigned missions. waiver order shall be delivered to the (b) An application requesting that master of the vessel involved before this waiver be made effective with re- such vessel sails. In any case where the spect to a particular vessel may be waiver order is not delivered to the made by the Commander, Military Sea- master, it shall be delivered to the lift Command, or any one of his duly owner, operator, or agent of the vessel designated representatives. Except as without delay. One copy of the waiver provided in paragraph (e) of this sec- order shall be delivered to the Com- tion, the application shall be in writ- mander, Military Sealift Command, or ing. The application shall be delivered his duly designated representative, who to the Coast Guard District Com- submitted the application. One copy of mander or to his designated represent- the waiver order shall be transmitted ative at the port or place where the to the Commandant (CG-543) and the vessel is located. In the case of a vessel remaining copy kept on file. in any foreign port or place, the appli- (e) In any case of extreme urgency, cation shall be made to the designated the application for a waiver order may representative of the Commandant at be made orally and if the Coast Guard such port or place, or if the Coast District Commander (or his designated Guard has not established facilities in representative, or the designated rep- such port or place, to the nearest des- resentative of the Commandant, or the ignated representative of the Com- Commandant, as the case may be), determines that the conditions in this mandant at a port or place where such section have been met, the waiver facilities have been established, or to order shall be made effective without the Commandant (CG–543), 2100 2nd St. further delay, subject to the condition SW., Stop 7000, Washington, DC 20593– that the application be reduced to writ- 7000. Every application shall: ing and delivered within such period (1) Describe the laws and/or regula- after the date of the oral request as the tions by appropriate references and/or Coast Guard officer making the waiver subjects with respect to which the effective shall specify in the con- waiver of compliance is desired; firming written waiver order. (2) Contain a certification that the (f) No penalty shall be imposed be- waiver of compliance with such laws cause of failure to comply with any and/or regulations with respect to the provision of law and/or regulation, the vessel involved is necessary in the in- waiver of which has been made effec- terest of national defense and is nec- tive pursuant to the requirements of essary for the Military Sealift Com- this section. mand to carry out an assigned mission; (g) This waiver order shall remain in (3) The name and official number of effect until terminated by proper au- the vessel involved (including the thority and notice of cancellation is names of master, agent, and owner of published in the FEDERAL REGISTER. the vessel involved); and (4) For how long the waiver is needed. [CGFR 64–86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88–052, 53 FR 25119, July 1, 1988; (c) The Coast Guard officer making CGD 96–026, 61 FR 33662, June 28, 1996; USCG– the waiver in paragraph (a) of this sec- 2004–18057, 69 FR 34925, June 23, 2004; USCG– tion effective for a particular vessel 2010–0351, 75 FR 36278, June 25, 2010]

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§ 19.07 Chronological record of sea- PART 20—RULES OF PRACTICE, man’s previous employment. PROCEDURE, AND EVIDENCE (a) Compliance is hereby waived with FOR FORMAL ADMINISTRATIVE regard to the provisions of subsection PROCEEDINGS OF THE COAST (h) of R.S. 4551, as amended (46 U.S.C. GUARD 643), to the extent necessary to permit the Commandant of the United States Subpart A—General Coast Guard to issue a chronological record of a seaman’s previous employ- Sec. ment on a single document, in lieu of 20.101 Scope. making individual entry in a duplicate 20.102 Definitions. continuous discharge book or fur- 20.103 Construction and waiver of rules. nishing individual certificates of dis- Subpart B—Administrative Law Judges charge. (b) It is hereby found that the 20.201 Assignment. waiving of the provisions of R.S. 20.202 Powers. 4551(h), as amended (46 U.S.C. 643), is 20.203 Unavailability. necessary in the interest of national 20.204 Withdrawal or disqualification. 20.205 Ex parte communications. defense. 20.206 Separation of functions. [CGFR 51–9, 16 FR 1829, Feb. 27, 1951, as amended by CGFR 59–4a, 24 FR 3055, Apr. 21, Subpart C—Pleadings and Motions 1959] 20.301 Representation. CROSS REFERENCE: See 49 CFR 7.93 for the 20.302 Filing of documents and other mate- fee for this record. rials. 20.303 Form and content of filed documents. § 19.15 Permits for commercial vessels 20.304 Service of documents. handling explosives at military in- 20.305 Amendment or supplementation of stallations. filed documents. 20.306 Computation of time. Pursuant to the request of the Sec- 20.307 Complaints. retary of Defense in a letter dated Oc- 20.308 Answers. tober 19, 1955, made under the provi- 20.309 Motions. sions of section 1 of the act of Decem- 20.310 Default by respondent. ber 27, 1950 (64 Stat. 1120; 46 U.S.C., 20.311 Withdrawal or dismissal. note prec. 1), I hereby waive in the interest of national defense compliance Subpart D—Proceedings with the provisions of R.S. 4472, as 20.401 Initiation of administrative pro- amended (46 U.S.C. 170), and the regula- ceedings. tions promulgated thereunder in part 20.402 Public notice. 146 of this chapter to the extent that 20.403 Consolidation and severance. no quantitative restrictions, based on 20.404 Interested persons. considerations of isolation and remote- ness, shall be required by the Coast Subpart E—Conferences and Settlements Guard for commercial vessels loading 20.501 Conferences. or unloading explosives at the Depart- 20.502 Settlements. ment of Defense waterfront installations. This waiver shall not relieve a Subpart F—Discovery commercial vessel loading or unloading explosives at the Department of De- 20.601 General. 20.602 Amendatory or supplementary re- fense waterfront installations from the sponses. requirement of securing a permit from 20.603 Interrogatories. the Coast Guard for such operations 20.604 Requests for production of documents with respect to quantitative or other or things, for inspection or other pur- restrictions imposed by the Coast poses. Guard on the basis of each vessel’s abil- 20.605 Depositions. ity to meet prescribed stowage and 20.606 Protective orders. handling requirements. 20.607 Sanctions for failure to comply. 20.608 Subpoenas. [CGFR 55–49, 20 FR 8638, Nov. 23, 1955] 20.609 Motions to quash or modify.

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Subpart G—Hearings 20.1209 Appeals of ALJ’s decisions. 20.701 Standard of proof. Subpart M—Supplementary Evidentiary 20.702 Burden of proof. Rules for Suspension and Revocation 20.703 Presumptions. Hearings 20.704 Scheduling and notice of hearings. 20.705 Failure to appear. 20.1301 Purpose. 20.1303 Authentication and certification of 20.706 Witnesses. extracts from shipping articles, 20.707 Telephonic testimony. logbooks, and the like. 20.708 Witnesses’ fees. 20.1305 Admissibility and weight of entries 20.709 Closing of the record. from logbooks. 20.710 Proposed findings, closing arguments, 20.1307 Use of judgments of conviction. and briefs. 20.1309 Admissibility of respondents’ criminal records and records with the Coast Subpart H—Evidence Guard before entry of findings and conclusions. 20.801 General. 20.1311 Admissions by respondent. 20.802 Admissibility of evidence. 20.1313 Medical examination of respondents. 20.803 Hearsay evidence. 20.1315 Submission of prior records and evi- 20.804 Objections and offers of proof. dence in aggravation or mitigation. 20.805 Proprietary information. AUTHORITY: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 20.806 Official notice. U.S.C. 7701, 7702; Department of Homeland 20.807 Exhibits and documents. Security Delegation No. 0170.1, para. 2(73). 20.808 Written testimony. SOURCE: CGD 98–3472, 64 FR 28062, May 24, 20.809 Stipulations. 1999, unless otherwise noted.

Subpart I—Decisions Subpart A—General 20.901 Summary decisions. § 20.101 Scope. 20.902 Decisions of the ALJ. 20.903 Records of proceedings. Except as otherwise noted, the rules 20.904 Reopening. of practice, procedure, and evidence in this part apply to the following sub- Subpart J—Appeals jects of administrative proceedings before the United States Coast Guard: 20.1001 General. (a) Class II civil penalties assessed 20.1002 Records on appeal. under subsection 311(b) of the Federal 20.1003 Procedures for appeal. Water Pollution Control Act (33 U.S.C. 20.1004 Decisions on appeal. 1321(b)(6)). (b) Class II civil penalties assessed Subpart K—Finality, Petitions for Hearing, under section 109 of the Comprehensive and Availability of Orders Environmental Response, Compensa- 20.1101 Finality. tion, and Liability Act (42 U.S.C. 20.1102 Petitions to set aside decisions and 9609(b)). provide hearings for civil penalty pro- (c) Suspensions and revocations con- ceedings. ducted under 46 U.S.C. Chapter 77. 20.1103 Availability of decisions. § 20.102 Definitions. Subpart L—Expedited Hearings Administrative Law Judge or ALJ means any person designated by the 20.1201 Application. 20.1202 Filing of pleadings. Commandant under paragraph 556(b)(3) 20.1203 Commencement of expedited hear- of the Administrative Procedure Act ings. (APA) (5 U.S.C. 556(b)(3)) to conduct 20.1205 Motion for return of temporarily hearings arising under 33 U.S.C. 1321(b); suspended merchant mariner credential, 42 U.S.C. 9609(b); or 46 U.S.C. Chapter license, certificate of registry, or docu- 77. ment. Chief Administrative Law Judge or 20.1206 Discontinuance of expedited hear- Chief ALJ means the Administrative ings. Law Judge appointed as the Chief Ad- 20.1207 Pre-hearing conferences. ministrative Law Judge of the Coast 20.1208 Expedited hearings. Guard by the Commandant.

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Class II Civil penalty proceeding means identification, and certificate of serv- a trial-type proceeding for the assess- ice. ment of a civil penalty that affords an Motion means a request for an order opportunity for an oral, fact-finding or ruling from an ALJ. hearing before an ALJ. Party means a respondent or the Coast Guard Representative means an Coast Guard. official of the Coast Guard designated Person means an individual, a part- to prosecute an administrative pro- nership, a corporation, an association, ceeding. a public or private organization, or a Commandant means the Commandant governmental agency. of the Coast Guard. It includes the Personal delivery means delivery by Vice-Commandant of the Coast Guard hand or in person, or through use of a acting on behalf of the Commandant in contract service or an express-courier any matter. service. It does not include use of gov- Complaint means a document issued ernmental interoffice mail. by a Coast Guard representative alleg- Pleading means a complaint, an an- ing a violation for which a penalty may swer, and any amendment to such doc- be administratively assessed under 33 ument permitted under this part. U.S.C. 1321(b) or 42 U.S.C. 9609(b), or a Respondent means a person charged merchant mariner credential, mari- with a violation in a complaint issued ner’s license, certificate of registry, or under this part. document suspended or revoked under Suspension and revocation proceeding 46 U.S.C. 7703 or 7704. or S&R proceeding means a trial-type Credential means any or all of the fol- proceeding for the suspension or rev- lowing: ocation of a merchant mariner’s cre- (1) Merchant mariner’s document. dential, license, certificate of registry, (2) Merchant mariner’s license. or document issued by the Coast Guard (3) STCW endorsement. that affords an opportunity for an oral, fact-finding hearing before an ALJ. (4) Certificate of registry. (5) Merchant mariner credential. [CGD 98–3472, 64 FR 28062, May 24, 1999, as Hearing Docket Clerk means an em- amended at, USCG–2006–24371, 74 FR 11211, ployee of the Office of the Chief ALJ Mar. 16, 2009] who is responsible for receiving docu- § 20.103 Construction and waiver of ments, determining their completeness rules. and legibility, and distributing them to ALJs and others, as required by this (a) Each person with a duty to con- part. strue the rules in this part in an ad- Interested person means a person who, ministrative proceeding shall construe as allowed in § 20.404, files written com- them so as to secure a just, speedy, and ments on a proposed assessment of a inexpensive determination. class II civil penalty or files written (b) Except to the extent that a waiv- notice of intent to present evidence in er would be contrary to law, the Com- any such hearing held on the proposed mandant, the Chief ALJ, or a presiding assessment. ALJ may, after notice, waive any of the rules in this part either to prevent Mail means first-class, certified, or undue hardship or manifest injustice or registered matter sent by the Postal to secure a just, speedy, and inexpen- Service, or matter sent by an express- sive determination. courier service. (c) Absent a specific provision in this Merchant mariner credential or MMC part, the Federal Rules of Civil Proce- means the credential issued by the dure control. Coast Guard under 46 CFR part 10. It combines the individual merchant mariner’s document, license, and cer- Subpart B—Administrative Law tificate of registry enumerated in 46 Judges U.S.C. subtitle II part E as well as the STCW endorsement into a single cre- § 20.201 Assignment. dential that serves as the mariner’s An ALJ, assigned by the Chief ALJ qualification document, certificate of after receipt of the complaint, shall

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preside over each administrative pro- he shall disqualify herself or himself ceeding under this part. and withdraw from the proceeding. If the ALJ does not disqualify herself or § 20.202 Powers. himself and withdraw from the pro- The ALJ shall have all powers nec- ceeding, the ALJ shall carry on with essary to the conduct of fair, fast, and the proceeding, or, if a hearing has con- impartial hearings, including the pow- cluded, issue a decision. ers to— (2) If an ALJ denies a motion to dis- (a) Administer oaths and affirma- qualify herself or himself, the moving tions; party may, according to the procedures (b) Issue subpoenas authorized by in subpart J of this part, appeal to the law; Commandant once the hearing has con- (c) Rule on motions; cluded. When that party does appeal, (d) Order discovery as provided for in the ALJ shall forward the motion, the this part; affidavit, and supporting evidence to (e) Hold hearings or settlement con- the Commandant along with the rul- ferences; ing. (f) Regulate the course of hearings; (g) Call and question witnesses; § 20.205 Ex parte communications. (h) Issue decisions; Ex parte communications are gov- (i) Exclude any person from a hearing erned by subsection 557(d) of the Ad- or conference for disrespect, or dis- ministrative Procedure Act (5 U.S.C. orderly or rebellious conduct; and 557(d)). (j) Institute policy authorized by the Chief ALJ. § 20.206 Separation of functions. § 20.203 Unavailability. (a) No ALJ may be responsible to, or (a) If an ALJ cannot perform the du- supervised or directed by, an officer, ties described in § 20.202 or otherwise employee, or agent who investigates becomes unavailable, the Chief ALJ for or represents the Coast Guard. shall designate a successor. (b) No officer, employee, or agent of (b) If a hearing has commenced and the Coast Guard who investigates for the assigned ALJ cannot proceed with or represents the Coast Guard in con- it, a successor ALJ may. The successor nection with any administrative pro- ALJ may, at the request of a party, re- ceeding may, in that proceeding or one call any witness whose testimony is factually related, participate or advise material and disputed, and who is in the decision of the ALJ or of the available to testify again without Commandant in an appeal, except as a undue burden. The successor ALJ may, witness or counsel in the proceeding or within his or her discretion, recall any the appeal. other witness. Subpart C—Pleadings and § 20.204 Withdrawal or disqualifica- Motions tion. (a) An ALJ may disqualify herself or § 20.301 Representation. himself at any time. (a) A party may appear— (b) Until the filing of the ALJ’s deci- (1) Without counsel; sion, either party may move that the ALJ disqualify herself or himself for (2) With an attorney; or personal bias or other valid cause. The (3) With other duly authorized rep- party shall file with the ALJ, promptly resentative. upon discovery of the facts or other (b) Any attorney, or any other duly reasons allegedly constituting cause, authorized representative, shall file a an affidavit setting forth in detail the notice of appearance. The notice must reasons. indicate— (1) The ALJ shall rule upon the mo- (1) The name of the case, including tion, stating the grounds for the rul- docket number if assigned; ing. If the ALJ concludes that the mo- (2) The person on whose behalf the tion is timely and meritorious, she or appearance is made; and

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(3) The person’s and the representa- sponse period begins when properly tive’s mailing addresses and telephone served. numbers. (c) Any attorney or other duly au- § 20.303 Form and content of filed doc- thorized representative shall also file a uments. notice, including the items listed in (a) Each filed document must clear- paragraph (a) of this section, for any ly— withdrawal of appearance. (1) State the title of the case; (d) Any attorney shall be a member (2) State the docket number of the in good standing of the bar of the high- case, if one has been assigned; est court of a State, the District of Co- (3) Designate the type of filing (for lumbia, or any territory or common- instance: petition, notice, or motion to wealth of the United States. A personal dismiss); representation of membership is suffi- (4) Identify the filing party by name cient proof, unless the ALJ orders and capacity acted in; and more evidence. (5) State the address, telephone num- (e) Any person who would act as a ber, and any fax number of the filing duly authorized representative and who party and, if that party is represented, is not an attorney shall file a state- the name, address, telephone number, ment setting forth the basis of his or and any fax number of the representa- her authority to so act. The ALJ may tive. deny appearance as representative to (b) Each filed document must— 1 any person who, the ALJ finds, lacks (1) Measure 8 ⁄2 by 11 inches, except the requisite character, integrity, or that a table, chart, or other attach- proper personal conduct. ment may be larger if folded to the size of the filed document to which it is § 20.302 Filing of documents and other physically attached; materials. (2) Be printed on just one side of the page and be clearly typewritten, print- (a) The proper address at which to ed, or otherwise reproduced by a proc- file all documents and other materials ess that yields legible and permanent relating to an administrative pro- copies; ceeding is: U.S. Coast Guard Adminis- (3) Be double-spaced except for foot- trative Law Judge Docketing Center; notes and long quotations, which may Attention: Hearing Docket Clerk; be single-spaced; Room 412; 40 S. Gay Street; Baltimore, (4) Have a left margin of at least 11⁄2 MD 21201–4022. inches and other margins of at least 1 (b) The telephone number is: 410–962– inch; and 5100. (5) Be bound on the left side, if (c) The fax number is: 410–962–1746. bound. (d) The appropriate party shall file (c) Each filed document must be in with the Hearing Docket Clerk an exe- English or, if in another language, ac- cuted original of each document (in- companied by a certified translation. cluding any exhibit and supporting af- The original of each filed document fidavit). must be signed by the filing party or (e) A party may file by mail or per- her or his representative. Unless the sonal delivery. The ALJ or the Hearing rules in this part or the ALJ requires it Docket Clerk may permit other meth- to be verified or accompanied by an af- ods, such as fax or other electronic fidavit, no filed document need be. The means. signature constitutes a certification by (f) When the Hearing Docket Clerk the signer that she or he has read the determines that a document, or other document; that, to the best of her or material, offered for filing does not his knowledge, information, and belief, comply with requirements of this part, the statements made in it are true; and the Clerk will accept it, and may ad- that she or he does not intend it to vise the person offering it of the defect, cause delay. and require that person to correct the (d) Complaints, answers, and simple defect. If the defect is failure to serve motions may employ forms approved copies on other parties, the parties’ re- for use in proceedings of the Coast

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Guard instead of the format set out in TABLE 20.304(d)—HOW TO SERVE FILED this section. DOCUMENTS—Continued

§ 20.304 Service of documents. Type of filed document Acceptable methods of service (a) The ALJ shall serve upon each (4) Any other filed (i) Mail. party to the proceeding a copy of each document. (ii) Personal delivery. document issued by the ALJ in it. The (iii) Express-courier service. ALJ shall serve upon each interested (iv) Fax. person, as determined under § 20.404, a (v) Other electronic means (at the discretion of the ALJ). copy of the notice of hearing. Unless this part provides otherwise, the ALJ (e)(1) Unless the ALJ orders other- shall upon request furnish to each such wise, if a party files a document under interested person a copy of each docu- § 20.302, the party must serve a copy to ment filed with the Hearing Docket the person indicated in this table. Clerk or issued by the ALJ. (b) Unless the ALJ orders otherwise, TABLE 20.304(e)—WHO RECEIVES COPIES OF each person filing a document with the FILED DOCUMENTS Hearing Docket Clerk shall serve upon each party a copy of it. If a party— Then the serving party must serve—

(c) If a party filing a document must Is represented ...... The counsel or other representative. serve a copy of it upon each party, each Is not represented .. The party. copy must bear a certificate of service, signed by or on behalf of the filing (2) Service upon counsel or represent- party, stating that she or he has so ative constitutes service upon the per- served it. The certificate shall be in son to be served. substantially the following form: (f) The serving party must send serv- I hereby certify that I have served the fore- ice copies to the address indicated in going document[s] upon the following parties this table. (or their designated representatives) to this proceeding at the addresses indicated by TABLE 20.304(f)—WHERE TO SEND SERVICE [specify the method]: COPIES (1) [name, address of party] Then the serving party must send the (2) [name, address of party] If the party— copies to— Done at llllllllll, this llll day of llllll, 19ll or 20ll. Is represented ...... The address of the counsel or rep- [Signature] resentative. Is not represented .. The last known address of the resi- For dence or principal place of business [Capacity]. of the person to be served. (d) This table describes how to serve (g) This table describes when service filed documents. of a filed document is complete.

TABLE 20.304(d)—HOW TO SERVE FILED TABLE 20.304(g)—WHEN SERVICE IS COMPLETE DOCUMENTS If method of service Then service is complete when the Type of filed used is— document is— document Acceptable methods of service (1) Personal deliv- (i) Handed to the person to be served. (1) Complaint ...... (i) Certified mail, return receipt re- ery (Complaint or (ii) Delivered to the person’s office dur- quested. Default Motion). ing business hours. (ii) Personal delivery. (iii) Delivered to the person’s residence (iii) Express-courier service that has re- and service made to a person of ceipt capability. suitable age and discretion residing (2) Default Motion.. (i) Certified mail, return receipt re- at the individual’s residence. quested. (2) Personal deliv- (i) Handed to the person to be served. (ii) Personal delivery. ery (all other filed (ii) Delivered to the person’s office dur- (iii) Express-courier service that has re- documents). ing business hours. ceipt capability. (iii) Delivered to the person’s residence (3) Answer ...... (i) Mail. and deposited in a conspicuous (ii) Personal delivery. place. (iii) Express-courier service. (iv) Fax.

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TABLE 20.304(g)—WHEN SERVICE IS (2) If the last day of the period is a COMPLETE—Continued Saturday, Sunday, or Federal holiday, we extend the period to the next busi- If method of service Then service is complete when the used is— document is— ness day. (3) If the period is 7 days or less, we (3) Certified Mail or (i) Delivered to the person’s residence do not include Saturdays, Sundays, or express-courier and signed for by a person of suit- (Complaint or De- able age and discretion residing at Federal holidays. fault Motion). the individual’s residence. (b) If you were served a document (by (ii) Delivered to the person’s office dur- domestic mail) that requires or per- ing business hours and signed for by a person of suitable age and discre- mits a response, you may add 3 days to tion. any period for response. (4) Mail or express- (i) Mailed (postmarked). (c) If you need additional time to file courier service (ii) Deposited with express-courier a response, follow the rules in these ta- (all other filed service. documents). bles. (5) Fax or other Transmitted. (1) You may request an extension— electronic means. TABLE 20.306(c)(1)—HOW TO REQUEST AN (h) If a person refuses to accept deliv- EXTENSION ery of any document or fails to claim a properly addressed document other If the response period— By— than a complaint sent under this subpart, the Coast Guard considers the Has not expired ...... Telephone, letter, or motion. document served anyway. Service is Has expired ...... Only by motion describing why the fail- valid at the date and the time of mail- ure to file was excusable. ing, of deposit with a contract service (2) You file your request as follows: or express-courier service, or of refusal to accept delivery. TABLE 20.306(c)(2)—WHERE TO FILE AN [CGD 98–3472, 64 FR 28062, May 24, 1999; 64 FR EXTENSION REQUEST 34540, June 28, 1999, as amended by USCG– 2000–7223, 65 FR 40054, June 29, 2000] Then you file your If— request with the—

§ 20.305 Amendment or supplemen- An ALJ has not been assigned ...... Hearing Docket tation of filed documents. Clerk. An ALJ has been assigned ...... ALJ. (a) Each party or interested person Your case is on appeal ...... Hearing Docket shall amend or supplement a pre- Clerk. viously filed pleading or other document if she or he learns of a material § 20.307 Complaints. change that may affect the outcome of the administrative proceeding. How- (a) The complaint must set forth— ever, no amendment or supplement (1) The type of case; may broaden the issues without an op- (2) The statute or rule allegedly vio- portunity for any other party or inter- lated; ested person both to reply to it and to (3) The pertinent facts alleged; and prepare for the broadened issues. (4)(i) The amount of the class II civil (b) The ALJ may allow other amend- penalty sought; or ments or supplements to previously (ii) The order of suspension or rev- filed pleadings or other documents. ocation proposed. (c) Each party or interested person (b) The Coast Guard shall propose a shall notify the Hearing Docket Clerk, place of hearing when filing the com- the ALJ, and every other party or in- plaint. terested person, or her or his represent- (c) The complaint must conform to ative, of any change of address. the requirements of this subpart for filing and service. § 20.306 Computation of time. (a) We compute time periods as fol- § 20.308 Answers. lows: (a) The respondent shall file a writ- (1) We do not include the first day of ten answer to the complaint 20 days or the period. less after service of the complaint. The

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answer must conform to the require- may summarily deny any dilatory, re- ments of this subpart for filing and petitive, or frivolous motion. service. (b) The person filing the answer § 20.310 Default by respondent. shall, in the answer, either agree to the (a) The ALJ may find a respondent in place of hearing proposed in the com- default upon failure to file a timely an- plaint or propose an alternative. swer to the complaint or, after motion, (c) Each answer must state whether upon failure to appear at a conference the respondent intends to contest any or hearing without good cause shown. of the allegations set forth in the com- (b) Each motion for default must con- plaint. It must include any affirmative form to the rules of form, service, and defenses that the respondent intends to filing of this subpart. Each motion assert at the hearing. The answer must must include a proposed decision and admit or deny each numbered para- proof of service under section 20.304(d). graph of the complaint. If it states that The respondent alleged to be in default the respondent lacks sufficient knowl- shall file a reply to the motion 20 days edge or information to admit or deny a or less after service of the motion. particular numbered paragraph, it de- (c) Default by respondent con- nies that paragraph. If it does not spe- stitutes, for purposes of the pending ac- cifically deny a particular numbered tion only, an admission of all facts al- paragraph, it admits that paragraph. leged in the complaint and a waiver of (d) A respondent’s failure without her or his right to a hearing on those good cause to file an answer admits facts. each allegation made in the complaint. (d) Upon finding a respondent in default, the ALJ shall issue a decision § 20.309 Motions. against her or him. (e) For good cause shown, the ALJ (a) A person may apply for an order may set aside a finding of default. or ruling not specifically provided for in this subpart, but shall apply for it § 20.311 Withdrawal or dismissal. by motion. Each written motion must comply with the requirements of this (a) An administrative proceeding subpart for form, filing, and service. may end in withdrawal without any act Each motion must state clearly and by an ALJ in any of the following concisely— ways: (1) By the filing of a stipulation by (1) Its purpose, and the relief sought; all parties who have appeared in the (2) Any statutory or regulatory au- proceeding. thority; and (2) By the filing of a notice of with- (3) The facts constituting the drawal by the Coast Guard representa- grounds for the relief sought. tive at any time before the respondent (b) A proposed order may accompany has served a responsive pleading. a motion. (3) With respect to a complaint filed (c) Each motion must be in writing; under section 311(b)(6) of the Federal except that one made at a hearing will Water Pollution Control Act (33 U.S.C. be sufficient if stated orally upon the 1321(b)(6)) or section 109(d) of the Com- record, unless the ALJ directs that it prehensive Environmental Response, be reduced to writing. Compensation and Liability Act (42 (d) Except as otherwise required by U.S.C. 9609(b)), by the filing of— this part, a party shall file any re- (i) A notice of withdrawal by the sponse to a written motion 10 days or Coast Guard representative at any less after service of the motion. When a time after the respondent has served a party makes a motion at a hearing, an responsive pleading, but before the oral response to the motion made at issuance of an order assessing or deny- the hearing is timely. ing a class II civil penalty, together (e) Unless the ALJ orders otherwise, with the filing of a motion does not stay a (ii) A certification by the representa- proceeding. tive that the filing of the notice is due (f) The ALJ will rule on the record ei- to a request by the Attorney General— ther orally or in writing. She or he in accordance with subsection 10(d) of

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Executive Order 12777 (56 FR 54757; 3 this part or impair the right of any CFR, 1991 Comp., p. 351)—that the party to place any matters at issue. Coast Guard refrain from conducting (b) Unless directed otherwise by the an administrative proceeding. Chief ALJ, a presiding ALJ may, either (b) Unless the stipulation or notice of in response to a motion or on his or her withdrawal states otherwise, a with- own motion, for good cause, sever any drawal under paragraph (a) of this sec- administrative proceeding with respect tion is without prejudice. to some or all parties, claims, and (c) Except as provided in paragraph issues. (a) of this section, no administrative proceeding may end in withdrawal un- § 20.404 Interested persons. less approved by an ALJ upon such terms as she or he deems proper. (a) Any person not a party to a class (d) Any respondent may move to dis- II civil penalty proceeding under 33 miss a complaint, the government may U.S.C. 1321(b)(6) who wishes to be an in- move to dismiss a petition, or any terested person in the proceeding shall, party may lodge a request for relief, for 30 days or less after publication in the failure of another party to— FEDERAL REGISTER of the public notice (1) Comply with the requirements of required by § 20.402, file with the Hear- this part or with any order of the ALJ; ing Docket Clerk either— (2) Show a right to relief based upon (1) Written comments on the pro- the facts or law; or ceeding; or (3) Prosecute the proceeding. (2) Written notice of intent to (e) A dismissal resides within the dis- present evidence at any hearing in the cretion of the ALJ. proceeding. (b) The presiding ALJ may, for good Subpart D—Proceedings cause, accept late comments or late § 20.401 Initiation of administrative notice of intent to present evidence. proceedings. (c) Each interested person shall receive notice of any hearing due in the An administrative proceeding com- mences when the Coast Guard rep- proceeding and of the decision in the resentative files the complaint with proceeding. He or she may have a rea- the Hearing Docket Clerk and serves a sonable opportunity to be heard and to copy of it on the respondent. present evidence in any hearing. (d) The opportunity secured by para- § 20.402 Public notice. graph (c) of this section does not ex- Upon the filing of a complaint under tend to— 33 U.S.C. 1321(b) (6), the Coast Guard (1) The issuance of subpoenas for wit- provides public notice of a class II civil nesses; penalty proceeding. The notice appears (2) The cross-examination of wit- in the FEDERAL REGISTER. nesses; or (3) Appearance at any settlement § 20.403 Consolidation and severance. conference. (a) A presiding ALJ may for good cause, with the approval of the Chief Subpart E—Conferences and ALJ and with all parties given notice Settlements and opportunity to object, consolidate any matters at issue in two or more ad- § 20.501 Conferences. ministrative proceedings docketed under this part. (Good cause includes (a) Any party may by motion request the proceedings’ possessing common a conference. parties, questions of fact, and issues of (b) The ALJ may direct the parties to law and presenting the likelihood that attend one or more conferences before consolidation would expedite the pro- or during a hearing. ceedings and serve the interests of jus- (c) The ALJ may invite interested tice.) The ALJ may not consolidate persons to attend a conference, other any matters if consolidation would than a settlement conference, as the prejudice any rights available under ALJ deems appropriate.

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(d) The ALJ shall give reasonable no- (2) A written transcript from a mag- tice of the time and place of any con- netic tape or the equivalent if author- ference to the parties, and to inter- ized by the ALJ; or ested persons if invited. A conference (3) A statement by the ALJ on the may occur in person, by telephone, or record at the hearing summarizing by other appropriate means. them. (e) Each party, and any interested person invited, shall be fully prepared § 20.502 Settlements. for a useful discussion of all issues (a) The parties may submit a pro- properly before the conference, both posed settlement to the ALJ. procedural and substantive, and be au- (b) The proposed settlement must be thorized to commit themselves or in the form of a proposed decision, ac- those they represent respecting those companied by a motion for its entry. issues. The decision must recite the reasons (f) Unless the ALJ excuses a party, that make it acceptable, and it must be the failure of a party to attend or par- signed by the parties or their rep- ticipate in a conference, after being resentatives. served with reasonable notice of its (c) The proposed decision must con- time and place, waives all objections to tain— any agreements reached in it and to (1) An admission of all jurisdictional any consequent orders or rulings. facts; (g) The ALJ may direct that any of (2) An express waiver of— the following be addressed or furnished (i) Any further procedural steps be- before, during, or after the conference: fore the ALJ; and (1) Methods of service and filing. (ii) All rights to seek judicial review, (2) Motions for consolidation or sev- or otherwise challenge or contest the erance of parties or issues. validity, of the decision; (3) Motions for discovery. (3) A statement that the decision will (4) Identification, simplification, and have the same force and effect as would clarification of the issues. a decision made after a hearing; and (5) Requests for amendment of the (4) A statement that the decision re- pleadings. solves all matters needing to be adju- (6) Stipulations and admissions of dicated. fact and of the content and authenticity of documents. Subpart F—Discovery (7) The desirability of limiting and grouping witnesses, so as to avoid du- § 20.601 General. plication. (a) Unless the ALJ orders otherwise, (8) Requests for official notice and each party—and each interested person particular matters to be resolved by re- who has filed written notice of intent liance upon the substantive standards, to present evidence at any hearing in rules, and other policies of the Coast the proceeding under § 20.404—shall Guard. make available to the ALJ and to (9) Offers of settlement. every other party and interested per- (10) Proposed date, time, and place of son— the hearing. (1) The name of each expert and other (11) Other matters that may aid in witness the party intends to call, to- the disposition of the proceeding. gether with a brief narrative summary (h) No one may stenographically re- of the expected testimony; and port or otherwise record a conference (2) A copy, marked as an exhibit, of unless the ALJ allows. each document the party intends to in- (i) During a conference, the ALJ may troduce into evidence or use in the dispose of any procedural matters on presentation of its case. which he or she is authorized to rule. (b) During a pre-hearing conference (j) Actions taken at a conference may ordered under § 20.501, the ALJ may di- be memorialized in— rect that the parties exchange witness (1) A stenographic report if author- lists and exhibits either at once or by ized by the ALJ; correspondence.

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(c) The ALJ may establish a schedule § 20.603 Interrogatories. for discovery and shall serve a copy of (a) Any party requesting interrog- any such schedule on each party. atories shall so move to the ALJ. The (1) The schedule may include dates motion must include— by which the parties shall both ex- (1) A statement of the purpose and change witness lists and exhibits and scope of the interrogatories; and file any requests for discovery and ob- (2) The proposed interrogatories. jections to such requests. (b) The ALJ shall review the pro- (2) Unless the ALJ orders otherwise, posed interrogatories, and may enter the parties shall exchange witness lists an order either— and exhibits 15 days or more before (1) Approving the service of some or hearing. all of the proposed interrogatories; or (d) Further discovery may occur only (2) Denying the motion. by order, and then only when the ALJ (c) The party requesting interrogatories shall serve on the party named determines that— in the interrogatories the approved (1) It will not unreasonably delay the written interrogatories. proceeding; (d) Each interrogatory must be an- (2) The information sought is not swered separately and fully in writing otherwise obtainable; under oath or affirmation, unless it is (3) The information sought has sig- objected to, in which event the party nificant probative value; named shall state the reasons for the (4) The information sought is neither objection instead of a response. This cumulative nor repetitious; and party, the party’s attorney, or the par- (5) The method or scope of the dis- ty’s representative shall sign the par- covery is not unduly burdensome and is ty’s responses to interrogatories. the least burdensome method avail- (e) Responses or objections must be able. filed within 30 days after the service of (e) A motion for discovery must set the interrogatories. forth— (f) A response to an interrogatory is sufficient when— (1) The circumstances warranting the (1) The responder lists the records discovery; from which such answers may be de- (2) The nature of the information rived or ascertained; and sought; and (2) The burden of ascertaining the in- (3) The proposed method and scope of formation in a response to an interrog- discovery and the time and place where atory is substantially the same for all the discovery would occur. parties involved in the action; and (f) If the ALJ determines that he or (3) The information may be obtained she should grant the motion, he or she from an examination, audit, or inspec- shall issue an order for the discovery, tion of records, or from a compilation, together with the terms on which it abstract, or summary based on such will occur. records. (g) The party serving the interrog- § 20.602 Amendatory or supplementary atory shall be afforded reasonable op- responses. portunity to examine, audit, or inspect (a) Any party or interested person the resource and to make copies, com- shall amend or supplement information pilations, abstracts, or summaries. The previously provided upon learning that specification must include sufficient the information— detail to permit the interrogating party to locate and identify the indi- (1) Was incorrect or incomplete when vidual records from which the answer provided; or, may be ascertained. (2) Though correct or complete when provided, no longer is. § 20.604 Requests for production of (b) The party or interested person documents or things, for inspection shall amend or supplement that infor- or other purposes. mation by following the procedures in (a) Any party seeking production of § 20.305. documents or things for inspection or

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other purposes shall so move to the (b) Testimony may be taken by depo- ALJ. The motion must state with par- sition upon approval of the ALJ of a ticularity— motion made by any party. (1) The purpose and scope of the re- (1) The motion must state— quest; and (i) The purpose and scope of the depo- (2) The documents and materials sition; sought. (ii) The time and place it is to be (b) The ALJ shall review the motion taken; and enter an order approving or deny- (iii) The name and address of the per- ing it in whole or in part. son before whom the deposition is to be taken; (c) A party shall serve on the party (iv) The name and address of each in possession, custody, or control of witness from whom a deposition is to the documents the order to produce or be taken; to permit inspection and copying of (v) The documents and materials documents. which the witness is to produce; and (d) A party may, after approval of an (vi) Whether it is intended that the appropriate motion by the ALJ, in- deposition be used at a hearing instead spect and copy, test, or sample any of live testimony. tangible things that contain, or may (2) The motion must state if the dep- lead to, relevant information, and that osition is to be by oral examination, by are in the possession, custody, or con- written interrogatories, or a combina- trol of the party upon whom the re- tion of the two. The deposition may be quest is served. taken before any disinterested person (e) A party may, after approval of an authorized to administer oaths in the appropriate motion by the ALJ, serve place where the deposition is to be on another party a request to permit taken. entry upon designated property in the (c) Upon a showing of good cause the possession or control of the other party ALJ may enter, and serve upon the for the purpose of inspecting, meas- parties, an order to obtain the testi- uring, surveying, photographing, test- mony of the witness. ing, or sampling the property or any (d) If the deposition of a public or pri- designated object or area. A request to vate corporation, partnership, associa- permit entry upon property must set tion, or governmental agency is or- forth with reasonable particularity the dered, the organization named must feature to be inspected and must speci- designate one or more officers, direc- fy a reasonable time, place, and man- tors, or agents to testify on its behalf, ner for making the inspection and per- and may set forth, for each person des- forming the related acts. ignated, the matters on which he or (f) The party upon whom the request she will testify. Subject to the provi- is served shall respond within 30 days sions of 49 CFR part 9 with respect to after the service of the request. Inspec- Coast Guard witnesses, the designated tion and related activities will be per- persons shall testify as to matters rea- mitted as requested, unless there are sonably known to them. objections, in which case the reason for (e) Each witness deposed shall be each objection must be stated. placed under oath or affirmation, and the other parties shall have the right § 20.605 Depositions. to cross-examine. (f) The witness being deposed may (a) The ALJ may order a deposition have counsel or another representative only upon a showing of good cause and present during the deposition. upon a finding that— (g) Except as provided in paragraph (1) The information sought is not ob- (n) of this section, depositions shall be tainable more readily by alternative stenographically recorded and tran- methods; or scribed at the expense of the party re- (2) There is a substantial reason to questing the deposition. Unless waived believe that relevant and probative evi- by the deponent, the transcription dence may otherwise not be preserved must be read by or read to the depo- for presentation at the hearing. nent, subscribed by the deponent, and

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certified by the person before whom with an oral examination by telephone the deposition was taken. conference held pursuant to paragraph (h) Subject to objections to the ques- (m) of this section. After the deposition tions and responses that were noted at has been taken, and copies of the video the taking of the deposition and that recording are provided to parties re- would have been sustained if the wit- questing them, the person recording ness had been personally present and the deposition shall immediately place testifying at a hearing, a deposition the videotape in a sealed envelope or a may be offered into evidence by the sealed videotape container, attaching party taking it against any party who to it a statement identifying the pro- was present or represented at the tak- ceeding and the deponent and certi- ing of the deposition or who had notice fying as to the authenticity of the of the deposition. video recording, and return the video- (i) The party requesting the deposi- tape by accountable means to the ALJ. tion shall make appropriate arrange- The deposition becomes a part of the ments for necessary facilities and per- record of the proceedings in the same sonnel. manner as a transcribed deposition. (j) During the taking of a deposition, The videotape, if admitted into evi- a party or the witness may request sus- dence, will be played during the hear- pension of the deposition on the ing and transcribed into the record by grounds of bad faith in the conduct of the reporter. the examination, oppression of the witness or party, or improper questioning § 20.606 Protective orders. or conduct. Upon request for suspen- (a) In considering a motion for an sion, the deposition will be adjourned. order of discovery—or a motion, by a The objecting party or witness must party or other person from whom dis- immediately move the ALJ for a ruling covery is sought, to reconsider or on the objection(s). The ALJ may then amend an order of discovery—the ALJ limit the scope or manner of the taking may enter any order that justice re- of the deposition. quires, to protect a person from annoy- (k) When a deposition is taken in a ance, embarrassment, oppression, or foreign country, it may be taken before undue burden or expense. This order a person having power to administer may— oaths in that location, or before a sec- (1) Confine discovery to specific retary of an embassy or legation, con- terms and conditions, such as a par- sul general, consul, vice consul or con- ticular time and place; sular agent of the United States, or be- (2) Confine discovery to a method fore such other person or officer as other than that selected by the party may be agreed upon by the parties by seeking it; written stipulation filed with the ALJ. (3) Preclude inquiry into certain mat- (l) Objection to taking a deposition ters; because of the disqualification of the (4) Direct that discovery occur with officer before whom it is to be taken is no one present except persons des- waived unless made before the taking ignated by the ALJ; of the deposition begins, or as soon as (5) Preclude the disclosure of a trade the disqualification becomes known or secret or other proprietary informa- could have been discovered with rea- tion, or allow its disclosure only in a sonable diligence. designated way or only to designated (m) A deposition may be taken by persons; or telephone conference call upon such (6) Require that the person from terms, conditions, and arrangements as whom discovery is sought file specific are prescribed in the order of the ALJ. documents or information under seal (n) The testimony at a deposition for opening at the direction of the ALJ. hearing may be recorded on videotape, (b) When a person from whom dis- upon such terms, conditions and ar- covery is sought seeks a protective rangements as are prescribed in the order, the ALJ may let him or her order of the ALJ, at the expense of the make all or part of the showing of good party requesting the recording. The cause in camera. The ALJ shall record video recording may be in conjunction any proceedings in camera. If he or she

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enters a protective order, he or she mony of a witness or the production of shall seal any proceedings so recorded. evidence. These shall be releasable only as re- (c) A person serving a subpoena shall quired by law. prepare a written statement setting (c) Upon motion by a person from forth either the date, time, and manner whom discovery is sought, the ALJ of service or the reason for failure of may— service. He or she shall swear to or af- (1) Restrict or defer disclosure by a firm the statement, attach it to a copy party either of the name of a witness of the subpoena, and return it to the or, if the witness comes from the Coast ALJ who issued the subpoena. Guard, of any prior statement of the (d) Coast Guard investigating officers witness; and have separate subpoena power in S&R (2) Prescribe other appropriate meas- proceedings under 46 CFR 5.301. ures to protect a witness. (d) The ALJ will give any party an § 20.609 Motions to quash or modify. adequate opportunity to prepare for (a) A person to whom a subpoena is cross-examination or other presen- directed may, by motion with notice to tation concerning witnesses and state- the party requesting the subpoena, ask ment subject to protective orders. the ALJ to quash or modify the subpoena. § 20.607 Sanctions for failure to comply. (b) Except when made at a hearing, the motion must be filed: If a party fails to provide or permit (1) 10 days or less after service of a discovery, the ALJ may take such ac- subpoena compelling the appearance tion as is just. This may include the and testimony of a witness or the pro- following: duction of evidence or (a) Infer that the testimony, docu- (2) At or before the time specified in ment, or other evidence would have the subpoena for compliance, which- been adverse to the party. ever is earlier. (b) Order that, for the purposes of the (c) If the subpoena is served at a proceeding, designated facts are estab- hearing, the person to whom it is di- lished. rected may, in person at the hearing or (c) Order that the party not intro- in writing within a reasonable time duce into evidence—or otherwise rely fixed by the ALJ, ask the ALJ to quash upon, in support of any claim or de- or modify it. fense—the evidence that was withheld. (d) The ALJ may quash or modify the (d) Order that the party not intro- subpoena if it is unreasonable or reduce into evidence, or otherwise use in quires evidence not relevant to any the hearing, information obtained in matter in issue. discovery. (e) Allow the use of secondary evidence to show what the evidence with- Subpart G—Hearings held would have shown. § 20.701 Standard of proof. § 20.608 Subpoenas. The party that bears the burden of (a) Any party may request the ALJ proof shall prove his or her case or af- to issue a subpoena for the attendance firmative defense by a preponderance of a person, the giving of testimony, or of the evidence. the production of books, papers, documents, or any other relevant evidence § 20.702 Burden of proof. during discovery or for any hearing. (a) Except for an affirmative defense, Any party seeking a subpoena from the or as provided by paragraph (b) of this ALJ shall request its issuance by mo- section, the Coast Guard bears the bur- tion. den of proof. (b) An ALJ may, for good cause (b) Except as otherwise provided by shown, apply to the United States Dis- statute or rule, the proponent of a mo- trict Court for the issuance of an order tion, request, or order bears the burden compelling the appearance and testi- of proof.

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§ 20.703 Presumptions. ness or to take any other measure he In each administrative hearing, a or she deems appropriate. presumption— § 20.707 Telephonic testimony. (a) Imposes on the party against whom it lies the burden of going for- (a) The ALJ may order the taking of ward with evidence to rebut or meet the testimony of a witness by tele- the presumption; but phonic conference call. A person pre- (b) Does not shift the burden of proof senting evidence may by motion ask in the sense of the risk of non-persua- for the taking of testimony by this sion. means. The arrangement of the call must let each participant listen to and § 20.704 Scheduling and notice of hear- speak to each other within the hearing ings. of the ALJ, who will ensure the full (a) With due regard for the conven- identification of each so the reporter ience of the parties, and of their rep- can create a proper record. resentatives or witnesses, the ALJ (b) The ALJ may issue a subpoena di- shall, as early as possible, fix the date, recting a witness to testify by tele- time, and place for the hearing and no- phonic conference call. The subpoena tify all parties and interested persons. in any such instance issues under the (b) The ALJ may grant a request for procedures in § 20.608. a change in the date, time, or place of a hearing. § 20.708 Witnesses’ fees. (c) At any time after commencement (a) Each witness summoned in an ad- of a proceeding, any party may move ministrative proceeding shall receive to expedite the proceeding. A party the same fees and mileage as a witness moving to expedite shall— in a District Court of the United (1) Explain in the motion the cir- States. cumstances justifying the motion to (b) The party or interested person expedite; and who calls a witness is responsible for (2) Incorporate in the motion affida- all fees and mileage due under para- vits supporting any representations of graph (a) of this section. fact. (d) After timely receipt of the motion § 20.709 Closing of the record. and any responses, the ALJ may expedite pleadings, pre-hearing conferences, (a) When the ALJ closes the hearing, and the hearing, as appropriate. he or she shall also close the record of the proceeding, as described in § 20.903, § 20.705 Failure to appear. unless he or she directs otherwise. The ALJ may enter a default under Even after the ALJ closes it, he or she § 20.310 against a respondent threat- may reopen it. ening to fail, or having failed, to ap- (b) The ALJ may correct the tran- pear at a hearing unless,— script of the hearing by appropriate (a) Before the time for the hearing, order. the respondent shows good cause why neither the respondent nor his or her § 20.710 Proposed findings, closing ar- representative can appear; or, guments, and briefs. (b) 30 days or less after an order to (a) Before the ALJ closes the hear- show good cause, the respondent shows ing, he or she may hear oral argument good cause for his or her failure to ap- so far as he or she deems appropriate. pear. (b) Before the ALJ decides the case, and upon terms he or she finds reason- § 20.706 Witnesses. able, any party may file a brief, pro- (a) Each witness shall testify under posed findings of fact and conclusions oath or affirmation. of law, or both. Any party may waive (b) If a witness fails or refuses to an- this right. If all parties waive it, then swer any question the ALJ finds prop- the ALJ may issue an oral order at the er, the failure or refusal constitutes close of the hearing. grounds for the ALJ to strike all or (c) Any oral argument, brief, or pro- part of the testimony given by the wit- posed findings of fact and conclusions

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of law form part of the record of the (b) When the ALJ determines that in- proceeding, as described in § 20.903. formation in a document containing proprietary matters should be made Subpart H—Evidence available to another party, the ALJ may direct the party possessing the § 20.801 General. document to prepare a non-proprietary summary or extract of it. The sum- Any party may present his or her mary or extract may be admitted as case or defense by oral, documentary, evidence in the record. or demonstrative evidence; submit re- (c) If the ALJ determines that a non- buttal evidence; and conduct any cross- proprietary summary or extract is in- examination that may be necessary for adequate and that proprietary matters a full and true disclosure of the facts. must form part of the record to avert § 20.802 Admissibility of evidence. prejudice to a party, the ALJ may so advise the parties and arrange access (a) The ALJ may admit any relevant to the evidence for a party or rep- oral, documentary, or demonstrative resentative. evidence, unless privileged. Relevant evidence is evidence tending to make § 20.806 Official notice. the existence of any material fact more The ALJ may take official notice of probable or less probable than it would such matters as could courts, or of be without the evidence. other facts within the specialized (b) The ALJ may exclude evidence if knowledge of the Coast Guard as an ex- its probative value is substantially pert body. When all or part of a deci- outweighed by the danger of prejudice, sion rests on the official notice of a by confusion of the issues, or by rea- material fact not appearing in the evi- sonable concern for undue delay, waste dence in the record, the decision must of time, or needless presentation of cu- state as much; and any party, upon mulative evidence. timely request, shall receive an opportunity to rebut the fact. § 20.803 Hearsay evidence. Hearsay evidence is admissible in § 20.807 Exhibits and documents. proceedings governed by this part. The (a) Each exhibit must be numbered ALJ may consider the fact that evi- and marked for identification by the dence is hearsay when determining its party offering it. The original of each probative value. exhibit so marked, whether or not offered or admitted into evidence, must § 20.804 Objections and offers of proof. be filed and retained in the record of (a) Any party objecting to the admis- the proceeding, unless the ALJ permits sion or exclusion of evidence shall con- the substitution of a copy. The party cisely state the grounds. A ruling on introducing each exhibit so marked every objection must appear in the shall supply a copy of the exhibit to record. No party may raise an objec- the ALJ and to every party to the pro- tion to the admission or exclusion of ceeding. evidence on appeal unless he or she (b) Unless the ALJ directs otherwise, raised it before the ALJ. each party who would offer an exhibit (b) Whenever evidence is objected to, upon direct examination shall make it the party offering it may make an offer available to every other party for in- of proof, which must appear in the spection 15 days or more before the record. hearing. The ALJ will deem admitted the authenticity of each exhibit sub- § 20.805 Proprietary information. mitted before the hearing unless a (a) The ALJ may limit introduction party either files written objection and of evidence or issue such protective or serves it on all parties or shows good other orders as in his or her judgment cause for failure to do both. are consistent with the object of pre- (c) In class II civil penalty pro- venting undue disclosure of proprietary ceedings under 33 U.S.C. 1321(b)(6), each matters, including, among others, ones exhibit introduced by an interested of a commercial nature. person must be marked, and filed and

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retained in the record of the pro- decision and supported his or her mo- ceeding, unless the ALJ permits the tion as provided in this section, no substitution of a copy. The interested party opposing the motion may rest person shall supply a copy of the ex- upon the mere allegations or denials of hibit to the ALJ and to every party to facts contained in his or her own plead- the proceeding. The requirements of ings. The response to the motion, by paragraph (b) of this section apply to affidavit or as otherwise provided in any interested person who would offer this section, must provide a specific an exhibit upon direct examination. basis to show that there is a genuine issue of material fact for the hearing. § 20.808 Written testimony. (d) If it appears from the affidavit of The ALJ may enter into the record a party opposing the motion that this the written testimony of a witness. party cannot, for reasons stated, The witness shall be, or have been, present by affidavit matters essential available for oral cross-examination. to justify his or her opposition, the The statement must be sworn to, or af- ALJ may deny the motion for sum- firmed, under penalty of perjury. mary decision, may order a continuance to enable the obtaining of infor- § 20.809 Stipulations. mation, or may make such other order Any party or interested person may as is just. stipulate, in writing, at any stage of (e) No denial of all or any part of a the proceeding, or orally at the hear- motion for summary decision is subject ing, to any pertinent fact or other mat- to interlocutory appeal. ter fairly susceptible of stipulation. A stipulation binds all parties to it. § 20.902 Decisions of the ALJ. (a) After closing the record of the Subpart I—Decisions proceeding, the ALJ shall prepare a decision containing— § 20.901 Summary decisions. (1) A finding on each material issue (a) Any party may move for a sum- of fact and conclusion of law, and the mary decision in all or any part of the basis for each finding; proceeding on the grounds that there is (2) The disposition of the case, in- no genuine issue of material fact and cluding any appropriate order; that the party is entitled to a decision (3) The date upon which the decision as a matter of law. The party must file will become effective; the motion no later than 15 days before the date fixed for the hearing and may (4) A statement of further right to include supporting affidavits with the appeal; and, motion. Any other party, 10 days or (5) If no hearing was held, a state- less after service of a motion for sum- ment of the right of any interested per- mary decision, may serve opposing affi- son to petition the Commandant to set davits or countermove for summary de- aside the decision. cision. The ALJ may set the matter for (b) The decision of the ALJ must rest argument and call for the submission upon a consideration of the whole of briefs. record of the proceedings. (b) The ALJ may grant the motion if (c) The ALJ may, upon motion of any the filed affidavits, the filed docu- party or in his or her own discretion, ments, the material obtained by dis- render the initial decision from the covery or otherwise, or matters offi- bench (orally) at the close of the hear- cially noted show that there is no gen- ing and prepare and serve a written uine issue of material fact and that a order on the parties or their authorized party is entitled to a summary decision representatives. In rendering his or her as a matter of law. decision from the bench, the ALJ shall (c) Each affidavit must set forth such state the issues in the case and make matters as would be admissible in evi- clear, on the record, his or her findings dence and must show affirmatively of fact and conclusions of law. that the affiant is competent to testify (d) If the ALJ renders the initial de- to the matters stated in the affidavit. cision orally, and if a party asks for a Once a party has moved for summary copy, the Hearing Docket Clerk shall

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furnish a copy excerpted from the tran- chant mariner’s license, certificate of script of the record. The date of the de- registry, credential, or endorsement cision is the date of the oral rendering document if— of the decision by the ALJ. (i) The order rests on a conviction— (A) For violation of a dangerous-drug § 20.903 Records of proceedings. law; (a) The transcript of testimony at (B) Of an offense that would prevent the hearing, all exhibits received into the issuance or renewal of the license, evidence, any items marked as exhibits certificate, credential, or endorsement and not received into evidence, all mo- document; or tions, all applications, all requests, and (C) Of an offense described in sub- all rulings constitute the official paragraph 205(a)(3)(A) or (B) of the Na- record of a proceeding. This record also tional Driver Register Act of 1982 (23 includes any motions or other matters U.S.C. 401, note); and regarding the disqualification of the (ii) The respondent submits a specific ALJ. order of court to the effect that the (b) Any person may examine the conviction has been unconditionally record of a proceeding at the U. S. set aside for all purposes. Coast Guard Administrative Law Judge (2) The ALJ, however, may not re- Docketing Center; Room 412; 40 S. Gay scind his or her order on account of Street; Baltimore, MD 21201–4022. Any any law that provides for a subsequent person may obtain a copy of part or all conditional setting-aside, modification, of the record after payment of reason- or expunging of the order of court, by able costs for duplicating it in accord- way of granting clemency or other re- ance with 49 CFR part 7. lief after the conviction has become final, without regard to whether pun- § 20.904 Reopening. ishment was imposed. (f) Three years or less after an S&R (a) To the extent permitted by law, proceeding has resulted in revocation the ALJ may, for good cause shown in of a credential, endorsement, license, accordance with paragraph (c) of this certificate, or document, the respond- section, reopen the record of a pro- ent may file a motion for reopening of ceeding to take added evidence. the proceeding to modify the order of (b) Any party may move to reopen revocation with the ALJ Docketing the record of a proceeding 30 days or Center. less after the closing of the record. (1) Any motion to reopen the record (1) Each motion to reopen the record must clearly state why the basis for must clearly set forth the facts that the order of revocation is no longer the movant would try to prove and the valid and how the issuance of a new grounds for reopening the record. merchant mariner credential with ap- (2) Any party who does not respond propriate endorsement is compatible to any motion to reopen the record with the requirement of good discipline waives any objection to the motion. and safety at sea. (c) The ALJ may reopen the record of (2) Any party who does not respond a proceeding if he or she believes that to any petition to reopen the record any change in fact or law, or that the waives any objection to the motion. public interest, warrants reopening it. (d) The filing of a motion to reopen [CGD 98–3472, 64 FR 28062, May 24, 1999, as the record of a proceeding does not af- amended at, USCG–2006–24371, 74 FR 11211, fect any period for appeals specified in Mar. 16, 2009] subpart J of this part, except that the filing of such a motion tolls the run- Subpart J—Appeals ning of whatever time remains in the period for appeals until either the ALJ § 20.1001 General. acts on the motion or the party filing (a) Any party may appeal the ALJ’ s it withdraws it. decision by filing a notice of appeal. (e)(1) At any time, a party may file a The party shall file the notice with the petition to reopen with the Docketing U. S. Coast Guard Administrative Law Center for the ALJ to rescind any Judge Docketing Center; Attention: order suspending or revoking a mer- Hearing Docket Clerk; Room 412; 40 S.

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Gay Street; Baltimore, MD 21201–4022. (2) When the appellant relies on ma- The party shall file the notice 30 days terial contained in the record, the ap- or less after issuance of the decision, pellate brief must specifically refer to and shall serve a copy of it on the the pertinent parts of the record. other party and each interested person. (3) The appellate brief must reach the (b) No party may appeal except on Docketing Center 60 days or less after the following issues: service of the ALJ’s decision. Unless (1) Whether each finding of fact is filed within this time, or within an- supported by substantial evidence. other time period authorized in writing (2) Whether each conclusion of law by the Docketing Center, the brief will accords with applicable law, precedent, be untimely. and public policy. (b) Any party may file a reply brief (3) Whether the ALJ abused his or with the Docketing Center 35 days or her discretion. less after service of the appellate brief. (4) The ALJ’s denial of a motion for Each such party shall serve a copy on disqualification. every other party. If the party filing (c) No interested person may appeal a the reply brief relies on evidence con- summary decision except on the issue tained in the record for the appeal, that no hearing was held or that in the that brief must specifically refer to the issuance of the decision the ALJ did pertinent parts of the record. not consider evidence that that person (c) No party may file more than one would have presented. appellate brief or reply brief, unless— (d) The appeal must follow the proce- (1) The party has petitioned the Com- dural requirements of this subpart. mandant in writing; and (2) The Commandant has granted § 20.1002 Records on appeal. leave to file an added brief, in which (a) The record of the proceeding con- event the Commandant will allow a stitutes the record for decision on ap- reasonable time for the party to file peal. that brief. (b) If the respondent requests a copy (d) The Commandant may accept an of the transcript of the hearing as part amicus curiae brief from any person in of the record of proceeding, then,— an appeal of an ALJ’s decision. (1) If the hearing was recorded at § 20.1004 Decisions on appeal. Federal expense, the Coast Guard will provide the transcript on payment of (a) The Commandant shall review the the fees prescribed in 49 CFR 7.45; but, record on appeal to determine whether (2) If the hearing was recorded by a the ALJ committed error in the pro- Federal contractor, the contractor will ceedings, and whether the Com- provide the transcript on the terms mandant should affirm, modify, or re- prescribed in 49 CFR 7.45. verse the ALJ’s decision or should remand the case for further proceedings. § 20.1003 Procedures for appeal. (b) The Commandant shall issue a decision on every appeal in writing and (a) Each party appealing the ALJ’s shall serve a copy of the decision on decision or ruling shall file an appel- each party and interested person. late brief with the Commandant at the following address: U.S. Coast Guard Administrative Law Judge Docketing Subpart K—Finality, Petitions for Center; Attention: Hearing Docket Hearing, and Availability of Clerk; Room 412; 40 S. Gay Street; Bal- Orders timore, MD 21201–4022, and shall serve a copy of the brief on every other party. § 20.1101 Finality. (1) The appellate brief must set forth (a) Civil penalty proceedings. (1) Unless the appellant’s specific objections to appealed pursuant to subpart J of this the decision or ruling. The brief must part, an ALJ’s decision becomes an set forth, in detail, the— order assessing or denying a class II (i) Basis for the appeal; civil penalty 30 days after the date of (ii) Reasons supporting the appeal; its issuance. and (2) If the Commandant issues a deci- (iii) Relief requested in the appeal. sion under Subpart J of this part, the

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decision constitutes an order of the available on the Department of Trans- Commandant assessing or denying a portation Home Page at www.dot.gov or class II civil penalty on the date of the Coast Guard Home Page at issuance of the Commandant’s deci- www.uscg.mil. sions. (b) Any person wanting a copy of a (b) S&R Proceedings. (1) Unless ap- decision may place a request with the pealed pursuant to subpart J of this Hearing Docket Clerk. The Clerk will part, an ALJ’s decision becomes final bill the person on the terms prescribed action of the Coast Guard 30 days after in 49 CFR 7.43. the date of its issuance. [CGD98–3472, 64 FR 28062, May 24, 1999, as (2) If the Commandant issues a deci- amended by USCG–2006–25556, 72 FR 36327, sion under Subpart J of this part, the July 2, 2007] decision constitutes final action of the Coast Guard on the date of its Subpart L—Expedited Hearings issuance. § 20.1201 Application. § 20.1102 Petitions to set aside decisions and provide hearings for civil (a) This subpart applies whenever the penalty proceedings. Coast Guard suspends a mariner’s cre- (a) If no hearing takes place on a dential without a hearing under 46 complaint for a class II civil penalty, U.S.C. 7702(d). any interested person may file a peti- (b) The Coast Guard may, for 45 days tion, 30 days or less after the issuance or less, suspend and seize a merchant of an order assessing or denying a civil mariner credential, license, certificate, penalty, asking the Commandant to set or document if, when acting under the aside the order and to provide a hear- authority of the license, certificate, or ing. document,— (b) If the Commandant decides that (1) A mariner performs a safety-sen- evidence presented by an interested sitive function on a vessel; and person in support of a petition under (2) There is probable cause to believe paragraph (a) of this section is mate- that he or she— rial and that the ALJ did not consider (i) Has performed the safety-sensitive the evidence in the issuance of the de- function in violation of law or Federal cision, the Commandant shall set aside regulation regarding use of alcohol or a the decision and direct that a hearing dangerous drug; take place in accordance with the re- (ii) Has been convicted of an offense quirements of this part. that would prevent the issuance or re- (c) If the Commandant denies a hear- newal of the merchant mariner creden- ing sought under this section, he or she tial, license, certificate, or document; shall provide to the interested person, or, and publish in the FEDERAL REGISTER, (iii) Three years or less before the notice of and the reasons for the de- start of an S&R proceeding, has been nial. convicted of an offense described in subparagraph 205(a)(3)(A) or (B) of the § 20.1103 Availability of decisions. National Driver Register Act of 1982 (23 (a)(1) Copies and indexes of decisions U.S.C. 401, note). on appeal are available for inspection [CGD 98–3472, 64 FR 28062, May 24, 1999, as and copying at— amended at, USCG–2006–24371, 74 FR 11211, (i) The document inspection facility Mar. 16, 2009] at the office of any Coast Guard Dis- trict, Activity, or Sector Office; § 20.1202 Filing of pleadings. (ii) The public reading room at Coast (a) Complaint. If the Coast Guard has Guard Headquarters; and temporarily suspended a merchant (iii) The public reading room of the mariner’s credential, license, certifi- Coast Guard ALJ Docketing Center; cate of registry, or document, it shall Baltimore, Maryland. immediately file a complaint under (2) Appellate decisions in S&R pro- § 20.307. The complaint must contain ceedings, and both appellate and ALJs’ both a copy of a notice of temporary decisions on class II civil penalties, are suspension and an affidavit stating the

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authority and reason for temporary such orders as are necessary for the suspension. matter to continue in an orderly way (b) Answer. In a case under this sub- under standard procedure. part— (1) § 20.308 does not govern answers, § 20.1207 Pre-hearing conferences. and (a) When held. As early as prac- (2) The respondent shall therefore ticable, the ALJ shall order and con- enter his or her answer at the pre-hear- duct a pre-hearing conference. He or ing conference. she may order the holding of the con- [CGD 98–3472, 64 FR 28062, May 24, 1999, as ference in person, or by telephonic or amended at, USCG–2006–24371, 74 FR 11211, electronic means. Mar. 16, 2009] (b) Answer. The respondent shall enter his or her answer at the pre-hear- § 20.1203 Commencement of expedited ing conference. If the answer is an ad- hearings. mission, the ALJ shall either issue an Upon receipt of a complaint with a appropriate order or schedule a hearing copy of the notice of temporary suspen- on the order. sion and the affidavit supporting the (c) Content. (1) At the pre-hearing complaint, the Chief ALJ will imme- conference, the parties shall: diately assign an ALJ and designate (i) Identify and simplify the issues in the case for expedited hearing. dispute and prepare an agreed statement of issues, facts, and defenses. § 20.1205 Motion for return of temporarily suspended merchant mariner (ii) Establish a simplified procedure credential, license, certificate of appropriate to the matter. registry, or document. (iii) Fix a time and place for the (a) Procedure. At any time during the hearing 30 days or less after the tem- expedited hearing, the respondent may porary suspension. move that his or her merchant mariner (iv) Discuss witnesses and exhibits. credential, license, certificate of reg- (2) The ALJ shall issue an order di- istry, or document be returned on the recting the exchange of witness lists grounds that the agency lacked prob- and documents. able cause for temporary suspension. (d) Order. Before the close of the pre- The motion must be in writing and ex- hearing conference, the ALJ shall issue plain why the agency lacked probable an order setting forth any agreements cause. reached by the parties. The order must (b) Ruling. If the ALJ grants the mo- specify the issues for the parties to ad- tion, the ALJ may issue such orders as dress at the hearing. are necessary for the return of the sus- (e) Procedures not to cause delay. Nei- pended credential, license, certificate, ther any filing of pleadings or motions, or document and for the matter to con- nor any conduct of discovery, may tinue in an orderly way under standard interfere with— procedure. (1) The holding of the hearing 30 days or less after the temporary suspension [CGD 98–3472, 64 FR 28062, May 24, 1999, as or amended at, USCG–2006–24371, 74 FR 11211, Mar. 16, 2009] (2) The closing of the record early enough for the issuance of an initial § 20.1206 Discontinuance of expedited decision 45 days or less after the tem- hearings. porary suspension. (a) Procedure. At any time during the (f) Times. The ALJ may shorten the expedited hearing, the respondent may time for any act required or permitted move that the hearing discontinue and under this subpart to enable him or her that the matter continue under stand- to issue an initial decision 45 days or ard procedure. A motion to discontinue less after the temporary suspension. must be in writing and explain why the case is inappropriate for expedited § 20.1208 Expedited hearings. hearing. (a) Procedures. As soon as practicable (b) Ruling. If the ALJ grants the mo- after the close of the pre-hearing con- tion to discontinue, the ALJ may issue ference, the ALJ shall hold a hearing,

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under subpart G of this part, on any stantial compliance with the proce- issue that remains in dispute. dural requirements of 46 U.S.C. 11502, is (b) Oral and written argument. (1) admissible in evidence and constitutes Each party may present oral argument prima facie evidence of the facts re- at the close of the hearing or present— cited. (i) Proposed findings of fact and con- (b) Any entry in any such logbook clusions of law; and made in substantial compliance with (ii) Post-hearing briefs, under § 20.710. the procedural requirements of 46 (2) The ALJ shall issue a schedule, U.S.C. 11502 may receive added weight such as will enable him or her to con- from the ALJ. sider the findings and briefs without delaying the issuance of the decision. § 20.1307 Use of judgments of convic- (c) ALJ’s decision. The ALJ may issue tion. his or her decision as an oral decision (a) A judgment of conviction by a from the bench. Alternatively, he or Federal court is conclusive in any S&R she may issue a written decision. He or proceeding under this part concerning she shall issue the decision 45 days or any act or offense described in 46 less after the temporary suspension. U.S.C. 7703 or 7704 when the act or offense is the same as in the Federal con- § 20.1209 Appeals of ALJs’ decisions. viction. Any party may appeal the ALJ’s de- (b) Except as provided in paragraph cision as provided in subpart J. (c) of this section, no judgment of conviction by a State court is conclusive Subpart M—Supplementary Evi- in any S&R proceeding under this part dentiary Rules for Suspension concerning any act or offense described and Revocation Hearings in 46 U.S.C. 7703 or 7704, even when an act or offense forming the basis of the § 20.1301 Purpose. charge in the proceeding is the same as This subpart contains evidentiary in the State conviction. But the judg- rules that apply only in certain cir- ment is admissible in evidence and con- cumstances in S&R proceedings. They stitutes substantial evidence adverse supplement, not supplant, the evi- to the respondent. dentiary rules in subpart H. (c) A judgment of conviction by a Federal or State court for a violation § 20.1303 Authentication and certifi- is conclusive in the proceeding if an cation of extracts from shipping ar- S&R proceeding alleges conviction ticles, logbooks, and the like. for— (a) The investigating officer, the (1) A violation of a dangerous-drug Coast Guard representative, any other law; commissioned officer of the Coast (2) An offense that would prevent the Guard, or any official custodian of ex- issuance or renewal of a merchant tracts from shipping articles, logbooks, mariner’s license, merchant mariner or records in the custody of the Coast credential, certificate of registry, or Guard may authenticate and certify document; or the extracts. (3) An offense described in subpara- (b) Authentication and certification graph 205(a)(3)(A) or (B) of the National must include a statement that the per- Driver Register Act of 1982 (23 U.S.C.S. son acting has seen the original, com- 401, note). pared the copy with it, and found the (d) If the respondent participates in copy to be a true one. This person shall the scheme of a State for the sign his or her name and identify him- expungement of convictions, and if he self or herself by rank or title and by or she pleads guilty or no contest or, by duty station. order of the trial court, has to attend classes, contribute time or money, re- § 20.1305 Admissibility and weight of ceive treatment, submit to any manner entries from logbooks. of probation or supervision, or forgo (a) Any entry in any official logbook appeal of the finding of the trial court, of a vessel concerning an offense enu- the Coast Guard regards him or her, for merated in 46 U.S.C. 11501, made in sub- the purposes of 46 U.S.C. 7703 or 7704, as

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having received a conviction. The (1) Any written warning issued by the Coast Guard does not consider the con- Coast Guard and not contested by the viction expunged without proof that respondent. the expungement is due to the convic- (2) Final agency action by the Coast tion’s having been in error. Guard on any S&R proceeding in which (e) No respondent may challenge the a sanction or consent order was en- jurisdiction of a Federal or State court tered. in any proceeding under 46 U.S.C. 7703 (3) Any agreement for voluntary sur- or 7704. render entered into by the respondent. (4) Any final judgment of conviction [CGD 98–3472, 64 FR 28062, May 24, 1999, as amended at, USCG–2006–24371, 74 FR 11211, in Federal or State courts. Mar. 16, 2009] (5) Final agency action by the Coast Guard resulting in the imposition § 20.1309 Admissibility of respondents’ against the respondent of any civil pen- criminal records and records with alty or warning in a proceeding admin- the Coast Guard before entry of istered by the Coast Guard under this findings and conclusions. title. (a) The prior disciplinary record of (6) Any official commendatory infor- the respondent is admissible when of- mation concerning the respondent of fered by him or her. which the Coast Guard representative (b) The prior disciplinary record of is aware. The Coast Guard representa- the respondent is admissible when of- tive may offer evidence and argument fered by the Coast Guard representa- in aggravation of any charge proved. tive to impeach the credibility of evi- The respondent may offer evidence of, dence offered by the respondent. and argument on, prior maritime serv- (c) The use of a judgment of convic- ice, including both the record intro- tion is permissible on the terms pre- duced by the Coast Guard representa- scribed by § 20.1307. tive and any commendatory evidence. (b) The respondent may offer evi- § 20.1311 Admissions by respondent. dence and argument in mitigation of No person may testify regarding ad- any charge proved. missions made by the respondent dur- (c) The Coast Guard representative ing an investigation under 46 CFR part may offer evidence and argument in re- 4, except to impeach the credibility of buttal of any evidence and argument evidence offered by the respondent. offered by the respondent in mitigation. § 20.1313 Medical examination of respondents. PART 23—DISTINCTIVE MARKINGS In any proceeding in which the phys- FOR COAST GUARD VESSELS ical or mental condition of the re- AND AIRCRAFT spondent is relevant, the ALJ may order him or her to undergo a medical Sec. examination. Any examination ordered 23.01 Basis and purpose. by the ALJ is conducted, at Federal ex- 23.05 Where and when displayed. pense, by a physician designated by the 23.10 Coast Guard emblem. ALJ. If the respondent fails or refuses 23.12 Coast Guard identifying insignia. to undergo any such examination, the 23.15 Coast Guard ensign. failure or refusal receives due weight 23.20 Coast Guard commission pennant. and may be sufficient for the ALJ to 23.30 Penalty. infer that the results would have been AUTHORITY: Secs. 638, 639, 63 Stat. 546; 14 adverse to the respondent. U.S.C. 638, 639, E.O. 10707, 3 CFR, 1954–1958 Comp., p. 364. § 20.1315 Submission of prior records and evidence in aggravation or § 23.01 Basis and purpose. mitigation. (a) This subpart establishes instruc- (a) The prior disciplinary record of tions for the display of distinctive the respondent comprises the following markings of Coast Guard vessels and items less than 10 years old: aircraft, including Coast Guard ensign

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and commission pennant and Coast (c) The Coast Guard emblem is in- Guard emblem. tended primarily for use as identifica- (b) Coast Guard vessels and aircraft tion on Coast Guard ensigns, flags, pen- are distinguished from other vessels nants, vessels, aircraft, vehicles, and and aircraft by an ensign; a personal shore units. It may also be reproduced flag, command pennant, or commis- for use on such items as stationery, sioned pennant, if so authorized; or clothing, jewelry, etc. other identifying insignia or marking. (d) Any person who desires to repro- duce the Coast Guard emblem for non- [CGFR 57–35, 22 FR 6765, Aug. 22, 1957, as amended by CGFR 66–67, 31 FR 15239, Dec. 6, Coast Guard use must first obtain ap- 1966] proval from the Commandant, U.S. Coast Guard, 2100 2nd St. SW., Stop § 23.05 Where and when displayed. 7000, Washington, DC 20593–7000. (a) The Coast Guard Ensign is a mark (Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); of authority and is required to be dis- 49 CFR 1.46(b)) played whenever a Coast Guard vessel [CGFR 67–26, 32 FR 6577, Apr. 28, 1967, as takes active measures in connection amended by CGFR 70–95, 35 FR 12541, Aug. 6, with boarding, examining, seizing, 1970; USCG–2010–0351, 75 FR 36278, June 25, stopping or heaving to of a vessel for 2010] the purposes of enforcing the laws of the United States. The distinctive § 23.12 Coast Guard identifying insig- markings of Coast Guard aircraft serve nia. the same purpose. (a) The distinctive identification in- (b) The Coast Guard Commission pen- signia of the Coast Guard consists of a nant indicates a Coast Guard cutter broad diagonal red stripe followed to under the command of a commissioned the right or left by two narrow stripes, officer or commissioned warrant offi- first a white stripe and then a blue cer. stripe. The Coast Guard emblem, as de- (c) When applicable, these distinctive scribed in § 23.10(b), is centered within marks shall be displayed, the Coast the confines of the broad red diagonal Guard Ensign at the masthead of the stripe. foremast, and the commission pennant (b) The Coast Guard identifying in- at the after masthead. On ships having signia is intended primarily for the but one mast the Coast Guard Ensign identification of Coast Guard vessels, and commission pennant shall be at aircraft, vehicles, and shore units. It the masthead on the same halyard. In may also be reproduced for use on mastless ships they shall be displayed Coast Guard publications, stationery, from the most conspicuous hoist. jewelry, and similar items. [CGFR 67–26, 32 FR 6576, Apr. 28, 1967] (c) Any person who desires to repro- duce the Coast Guard identifying insig- § 23.10 Coast Guard emblem. nia for non-Coast Guard use must first obtain approval from the Commandant, (a) The distinctive emblem of the U.S. Coast Guard, 2100 2nd St. SW., Coast Guard shall be as follows: Stop 7000, Washington, DC 20593–7000. On a disc the shield of the Coat of Arms of the United States circumscribed by an annu- (Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); let edged and inscribed ‘‘UNITED STATES 49 CFR 1.46(b)) COAST GUARD 1790’’ all in front of two [CGFR 70–95, 35 FR 12541, Aug. 6, 1970, as crossed anchors. amended by USCG–2010–0351, 75 FR 36278, (b) The emblem in full color is de- June 25, 2010] scribed as follows: § 23.15 Coast Guard ensign. White anchors and white ring all outlined The Coast Guard ensign has sixteen in medium blue (Coast Guard blue), letters perpendicular stripes alternate red and and numerals medium blue (Coast Guard white, beginning with the red at the blue), white area within ring, shield with medium blue (Coast Guard blue) chief and 13 al- hoist. In the upper quarter, next to the ternating white and red (Coast Guard red) hoist, is the union, being the Coat of stripes (7 white and 6 red) with narrow me- Arms of the United States, in dark blue dium blue (Coast Guard blue) outline. on a white field, half of the length of

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the flag, and extending down the hoist 25.121 Effect of other payments to claimant. halfway. The distinctive emblem of the 25.123 Settlement and notice to claimant. Coast Guard in blue and white is placed 25.125 Appeal. 25.127 Reconsideration. with its center on a line with the lower 25.129 Acceptance of offer of settlement. edge of the union and over the center 25.131 Delegation of authority. of the seventh vertical red stripe from 25.133 Redelegation of authority. the hoist of the flag, the emblem cov- 25.135 Processing and settlement of claims ering a horizontal space of three in foreign countries. stripes. Subpart B—Admiralty Claims [CGFR 57–35, 22 FR 6765, Aug. 22, 1957] 25.201 Scope. § 23.20 Coast Guard commission pen- 25.203 Claims payable. nant. 25.205 Claims not payable. 25.207 Time limitation on claims. The Coast Guard commission pennant shall have the union part com- Subpart C—Federal Tort Claims posed of thirteen blue stars in a horizontal line on a white field, one-fourth 25.301 Scope. 25.303 Procedure. the length of the pennant; the remaining three-fourths shall consist of six- Subpart D—Military Claims teen vertical stripes of equal width, alternate red and white, beginning with 25.401 Scope. the red, and a tail piece of red about 25.403 Claims payable. one-fifth the entire length of the pen- 25.405 Claims not payable. 25.407 Time limitation on claims. nant, ending in a swallow tail. 25.409 Appeal. [CGFR 57–35, 22 FR 6765, Aug. 22, 1957, as amended by CGFR 71–75, 36 FR 13268, July 17, Subpart E—Foreign Claims 1971] 25.501 Scope. 25.503 Proper claimants. § 23.30 Penalty. 25.505 Claimants excluded. Section 638(b) of Title 14 U.S.C. (63 25.507 Claims payable. Stat. 546) reads as follows: 25.509 Claims not payable. 25.511 Time limitation on claims. No vessel or aircraft without authority 25.513 Amount claimed. shall carry, hoist or display any ensign, pen- 25.515 Settlement and notice to claimant. nant or other identifying insignia prescribed for, or intended to resemble, any ensign, pen- Subpart F—Claims Not Cognizable Under nant or other identifying insignia prescribed Other Law for Coast Guard vessels or aircraft. Each person violating this provision shall be fined 25.601 Scope. not more than $5,000, or imprisoned for not 25.603 Claims payable. more than two years, or both. 25.605 Claims not payable. 25.607 Time limitation on claims. [CGFR 57–35, 22 FR 6765, Aug. 22, 1957] 25.609 Settlement and notice to claimant. PART 25—CLAIMS Subpart G—Article 139, Uniform Code of Military Justice Subpart A—General 25.701 Scope. Sec. 25.703 Claims payable. 25.101 Purpose. 25.705 Claims not payable. 25.103 Information and assistance. 25.707 Time limitation on claims. 25.105 Definitions. 25.709 Assessment limitation on claims. 25.107 Who may present claims. 25.109 Insurance and other subrogated Subpart H—Pollution Removal Damage claims. Claims 25.111 Action by claimant. 25.801 Scope. 25.113 Contents of claim. 25.803 Claims payable. 25.115 Evidence supporting a claim. 25.805 Claims not payable. 25.117 Proof of amount claimed for personal injury or death. AUTHORITY: 14 U.S.C. 633; 49 CFR 1.45(a); 49 25.119 Proof of amount claimed for loss of, CFR 1.45(b); 49 CFR 1.46(b), unless otherwise or damage to, property. noted.

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SOURCE: CGD 80–033, 46 FR 27109, May 18, Settlement authority. A person author- 1981, unless otherwise noted. ized to settle a claim. [CGD 80–033, 46 FR 27109, May 18, 1981; 46 FR Subpart A—General 29933, June 4, 1981] § 25.101 Purpose. § 25.107 Who may present claims. This subpart prescribes the requirements for the administrative settle- (a) General rules: ment of claims against the United (1) A claim for property loss or dam- States, other than claims against the age may be presented by anyone having Oil Spill Liability Trust Fund under an interest in the property, including part 136 of this chapter and contract an insurer or other subrogee, unless claims, but including claims arising the interest is barred under § 25.109(a). from acts or omissions of employees of (2) A claim for personal injury may non-appropriated fund activities within be presented by the person injured. the United States, its territories, and (3) A claim based on death may be possessions. presented by the executor or administrator of the decedent’s estate, or any [USCG–2001–9286, 66 FR 33639, June 25, 2001] other person legally entitled to assert § 25.103 Information and assistance. such a claim under local law. The claimant’s status must be stated in the Any person who desires to file a claim. claim against the United States Coast (4) A claim for medical, hospital, or Guard arising out of the activities of burial expenses may be presented by the Coast Guard may obtain informa- any person who by reason of family re- tion and assistance from the Coast lationship has, in fact, incurred the ex- Guard Legal Service Command, Claims penses. Division (LSC–5), located at 300 East Main Street, Suite 400, Norfolk, VA (b) A joint claim must be presented 23510–9100, or from Commandant (CG– in the names of and signed by, the joint 0945), 2100 2nd St., SW., Stop 7121, claimants, and the settlement must be Washington, DC 20593–7121, or from the made payable to the joint claimants. Commander of any Coast Guard Dis- (c) A claim may be presented by a trict listed in 33 CFR Part 3. duly authorized agent, legal representative or survivor, if it is presented in [CGD 87–008b, 52 FR 25217, July 6, 1987, as the name of the claimant. If the claim amended by CGD 97–023, 62 FR 33362, June 19, is not signed by the claimant, the 1997; USCG–2001–9286, 66 FR 33639, June 25, 2001; USCG–2010–0351, 75 FR 36278, June 25, agent, legal representative, or survivor 2010] shall indicate their title or legal capacity and provide evidence of their au- § 25.105 Definitions. thority to present the claim. Accrual date. The day on which the (d) Where the same claimant has a alleged wrongful act or omission re- claim for damage to or loss of property sults in injury or damage for which a and a claim for personal injury or a claim is made or when the claimant claim based on death arising out of the discovers, or in the exercise of reason- same incident, they must be combined able diligence should have discovered, in one claim. the alleged wrongful act or omission. Claim. A written notification of an § 25.109 Insurance and other subrogated claims. incident accompanied by demand for the payment of a sum certain of (a) The claims of an insured money, other than for ordinary obliga- (subrogor) and an insurer (subrogee) for tions incurred for services, supplies, or damages arising out of the same inci- equipment. dent constitute a single claim. The Settle. To consider, ascertain, adjust, total award of combined claims may determine, compromise (when specifi- not exceed the monetary jurisdiction of cally authorized by law), and dispose of the settlement authority. If the total a claim by disapproval or approval, in award of the combined claims exceeds, whole or in part. or is expected to exceed, a settlement

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authority’s limits, the settlement au- VA 23510–9100. If that is not possible, thority is not permitted to consider ei- the claim may also be presented to: ther, and the claim file will be for- (1) The commanding officer of the warded to an appropriate settlement Coast Guard unit involved; authority. (2) A Coast Guard unit convenient to (b) An insured (subrogor) and an in- the claimant; or surer (subrogee) may file a claim joint- (3) Chief, Office of Claims and Litiga- ly or separately. If the insurer has tion, Chief Counsel, (CG–0945), 2100 2nd fully reimbursed the insured, payment St., SW., Stop 7121, Washington, DC will only be made to the insurer. If sep- 20593–7121. arate claims are filed, the settlement NOTE TO PARAGRAPH (b): In a foreign coun- will be made payable to each claimant try, where there is no Coast Guard unit, the to the extent of that claimant’s undis- claim is considered presented to the Coast Guard if it is presented to the military atta- puted interest. If joint claims are filed, che of any United States embassy or con- the settlement will be sent to the in- sulate or to the commanding officer of any surer. unit of the armed services of the United (c) Each claimant shall include with States. a claim, a written disclosure con- (c) Time. The time limits for pre- cerning insurance coverage including: senting claims are contained in the fol- (1) The names and addresses of all in- lowing subparts addressing particular surers; claim statutes. (2) The kind and amount of insur- [CGD 80–033, 46 FR 27109, May 18, 1981, as ance; amended by CGD 87–008b, 52 FR 25217, July 6, (3) The policy number; 1987; CGD 97–023, 62 FR 33362, June 19, 1997; (4) Whether a claim has been or will USCG–2001–9286, 66 FR 33639, June 25, 2001; be presented to an insurer, and, if so, USCG–2009–0416, 74 FR 27437, June 10, 2009; USCG–2010–0351, 75 FR 36278, June 25, 2010] the amount of that claim; and whether the insurer has paid the claim in whole § 25.113 Contents of claim. or in part, or has indicated payment will be made. (a) A claim under the Federal Tort Claims Act must be presented using (d) Each subrogee shall substantiate Standard Form 95, Claim for Damage, an interest or right to file a claim by Injury, or Death. appropriate documentary evidence and (b) A claim under any other Act may shall support the claim as to liability be presented using Standard Form 95. and measure of damages in the same Any claim which is not presented using manner as required of any other claim- Standard Form 95 shall include: ant. Documentary evidence of payment (1) The identity of the department, to a subrogor does not constitute evi- agency, or activity whose act or omis- dence of liability of the United States sion gave rise to the claim; or conclusive evidence of the amount (2) The full name and mailing address of damages. The settlement authority of the claimant. If this mailing address makes an independent determination is not claimant’s residence, the claim- on the issues of fact and law based ant shall also include residence ad- upon the evidence of record. dress; (e) An insurance or other subrogated (3) The date, time, and place of the claim is not payable under Subpart E, incident giving rise to the claim; F, or G of this part. (4) The amount claimed, supported by independent evidence of property dam- § 25.111 Action by claimant. age or loss, personal injury, or death, (a) Form of claim. The claim must as applicable; meet the requirements of § 25.113. Au- (5) A detailed description of the inci- thorized forms are available from the dent giving rise to the claim; offices indicated in § 25.103. (6) A description of any property (b) Presentation. Whenever possible, damage or loss, including the identity the claim must be presented to the of the owner, if other than the claim- Coast Guard Legal Service Command, ant, as applicable; Claims Division (LSC–5), located at 300 (7) The nature and extent of the in- East Main Street, Suite 400, Norfolk, jury, as applicable;

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(8) The full name, title, if any, and NOTE: An examination by an independent address of any witness to the incident medical facility or physician may be re- and a brief statement of the witness’ quired to provide independent medical evi- knowledge of the incident; dence against which to evaluate the written report of the claimant’s physician. The set- (9) A description of any insurance tlement authority determines the need for carried by the claimant or owner of the this examination, makes mutually conven- property and the status of any insur- ient arrangements for such an examination, ance claim arising from the incident; and bears the costs thereof. and (c) All hospital records or other med- (10) An agreement by the claimant to ical documents from either this injury accept the total amount claimed in full or any relevant past injury. satisfaction and final settlement of the (d) If the claimant is employed, a claim. written statement by the claimant’s (c) A claimant or duly authorized employer certifying the claimant’s: agent or legal representative must sign (1) Age, in ink a claim and any amendment to (2) Occupation, that claim. If the person’s signature (3) Hours of employment, does not include the first name, middle (4) Hourly rate of pay or weekly sal- initial, if any, and surname, that infor- ary, mation must be included in the claim. (5) Time lost from work as a result of A married woman must sign her claim the incident, and in her given name, e.g., ‘‘Mary A. Doe,’’ (6) Claimant’s actual period of em- rather than ‘‘Mrs. John Doe.’’ ployment, full-time or part-time, and any effect of the injury upon such em- § 25.115 Evidence supporting a claim. ployment to support claims for lost The claimant shall present inde- earnings. pendent evidence to support a claim. (e) If the claimant is self-employed, This evidence may include, if available, written statements, or other evidence statements of witnesses, accident or showing: casualty reports, photographs and (1) The amount of earnings actually drawings. lost, and (2) The Federal tax return if filed for § 25.117 Proof of amount claimed for personal injury or death. the three previous years. (f) If the claim arises out of injuries The following evidence must be pre- to a person providing services to the sented when appropriate: claimant, statement of the cost nec- (a) Itemized medical, hospital, and essarily incurred to replace the serv- burial bills. ices to which claimant is entitled (b) A written report by the attending under law. physician including: (1) The nature and extent of the in- § 25.119 Proof of amount claimed for jury and the treatment, loss of, or damage to, property. (2) The necessity and reasonableness The following evidence must be pre- of the various medical expenses in- sented when appropriate: curred, (a) For each particular lost item, evi- (3) Duration of time injuries pre- dence of its value such as a bill of sale vented or limited employment, and a written appraisal, or two written (4) Past, present, and future limita- appraisals, from separate disinterested tions on employment, dealers or brokers, market quotations, (5) Duration and extent of pain and commercial catalogs, or other evidence suffering and of any disability or phys- of the price at which like property can ical disfigurement, be obtained in the community. The set- (6) A current prognosis, tlement authority may waive these re- (7) Any anticipated medical expenses, quirements when circumstances war- and rant. The cost of any appraisal may be (8) Any past medical history of the included as an element of damage if claimant relevant to the particular in- not deductible from any bill submitted jury alleged. to claimant.

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(b) For each particular damaged item of the person who offered that use, the which can be economically repaired, terms of the offer, time of prospective evidence of cost of repairs such as a service, and rate of compensation; and receipted bill and one estimate, or two (8) If at the time of damage the prop- estimates, from separate disinterested erty was under charter or hire, or was repairmen. The settlement authority otherwise employed, or would have may waive these requirements when been employed, the claimant shall sub- circumstances warrant. The cost of any mit a statement of operating expenses estimate may be included as an ele- that were, or would have been, in- ment of damage if not deductible from curred. This statement shall include any repair bill submitted to claimant. wages and all bonuses which would (c) For any claim which may result have been paid, the value of fuel and in payment in excess of $20,000.00, a the value of consumable stores, sepa- survey or appraisal shall be performed rately stated, which would have been as soon as practicable after the damage consumed, and all other costs of oper- accrues, and, unless waived in writing, ation which would have been incurred shall be performed jointly with a gov- including, but not limited to, license ernment representative. and parking fees, personnel expenses, (d) If the item is so severely damaged harbor fees, wharfage, dockage, shed- that it cannot be economically re- ding, stevedoring, towage, pilotage, in- paired or used, it shall be treated as a spection, tolls, lockage, anchorage and lost item. moorage, grain elevation, storage, and (e) If a claim includes loss of earn- customs fees. ings or use during repairs to the dam- (f) For each item which is lost, actual aged property, the following must also or constructive, proof of ownership. be furnished and supported by competent evidence: § 25.121 Effect of other payments to (1) The date the property was dam- claimant. aged; The total amount to which the (2) The name and location of the re- claimant may be entitled is normally pair facility; computed as follows: (3) The beginning and ending dates of (a) The total amount of the loss, repairs and an explanation of any delay damage, or personal injury suffered for between the date of damage and the be- which the United States is liable, less ginning date; any payment the claimant has received (4) A complete description of all re- from the following sources: pairs performed, segregating any work (1) The military member or civilian performed for the owner’s account and employee who caused the incident; not attributable to the incident in- (2) The military member’s or civilian volved, and the costs thereof; employee’s insurer; and (5) The date and place the property (3) Any joint tort-feasor or insurer. was returned to service after comple- (b) No deduction is generally made tion of repairs, and an explanation, if for any payment the claimant has re- applicable, of any delay; ceived by way of voluntary contribu- (6) Whether or not a substitute for tions, such as donations of charitable the damaged property was available. If organizations. a substitute was used by the claimant during the time of repair, an expla- § 25.123 Settlement and notice to nation of the necessity of using the claimant. substitute, how it was used, and for (a) If the settlement authority deter- how long, and the costs involved. Any mines that the full amount claimed costs incurred that would have been should be paid, the settlement author- similarly incurred by the claimant in ity forwards the claim to the dis- using the damaged property must be bursing officer for payment. If the time identified; involved in settling the claim has been (7) Whether or not during the course extensive, the settlement authority no- of undergoing repairs the property tifies the claimant. would have been used, and an expla- (b) If the settlement authority deter- nation submitted showing the identity mines that less than the full amount

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claimed should be paid, the settlement forts appear unwarranted, the settle- authority: ment authority notifies the claimant (1) Notifies the claimant in writing of in writing by certified or registered the proposed settlement. mail, return receipt requested, that the (2) Obtains from the claimant written relief requested is denied. acceptance and release for payment of (d) For the effect of reconsideration the claim in the reduced amount. under the Federal Tort Claims Act see (3) Advises the claimant, in the event 28 CFR Part 14. claimant does not desire to accept the offer, to reply within 45 days giving § 25.129 Acceptance of offer of settle- reasons for rejection. ment. (4) Except upon a showing of good Claimant’s acceptance of an offer of cause for delay in accepting a proposed settlement is a complete release of any settlement within 45 days, treats the claim against the United States and non-acceptance as a rejection. Rejec- against the military or civilian per- tion by a claimant of an offer of settle- sonnel of the Coast Guard whose act or ment renders the offer void. omission gave rise to the claim. (5) If a claimant rejects a proposed settlement or fails to reply within 45 § 25.131 Delegation of authority. days, the settlement authority may (a) The Chief Counsel is delegated the make further efforts to settle the following authority: claim. When the settlement authority (1) To carry out the functions of the determines that further efforts to set- Secretary and to exercise the Com- tle the claim are not warranted, the mandant’s authority as commanding settlement authority notifies the officer for all Coast Guard personnel in claimant in writing by registered or regard to claims brought under Article certified mail, return receipt re- 139, Uniform Code of Military Justice quested, that the claim has been denied (10 U.S.C. 939); because the amount claimed is exces- (2) To carry out the functions of an sive. officer designated by the Secretary (c) If the claim is denied, the settle- under the so-called ‘‘Foreign Claims ment authority notifies the claimant Act’’, as amended (10 U.S.C. 2734); in writing by registered or certified (3) To request that the Department of mail, return receipt requested. Defense pay any meritorious claims arising under International Agree- § 25.125 Appeal. ments in accordance with Title 10 The final denial of a claim by a set- U.S.C. 2734a and 2734b; tlement authority or a partial approval (4) To carry out the functions of the by a settlement authority is not sub- Secretary under the Act of October 9, ject to appeal except under the proce- 1962, as amended (10 U.S.C. 2737); dures prescribed for Military Claims in (5) To carry out the functions of the Subpart D of this part. Secretary under the Act of August 16, 1937, as amended (14 U.S.C. 642); § 25.127 Reconsideration. (6) To carry out the functions of the (a) The settlement authority may re- Secretary under the Act of June 15, consider a claim upon the authority’s 1936, as amended (14 U.S.C. 646); own initiative or upon request of the (7) To carry out the functions of the claimant or someone acting on the Secretary under the Act of August 4, claimant’s behalf. 1949, as amended (14 U.S.C. 647); (b) A request for reconsideration (8) To carry out the functions of the must be in writing and include the Secretary under the Act of February legal or factual grounds for the relief 19, 1941, as amended (14 U.S.C. 830); requested. (9) To carry out the functions of the (c) Following any investigation or head of a Federal agency’s designee other action deemed necessary for re- under the Federal Tort Claims Act, as consideration of the original action, amended (28 U.S.C. 2672); the settlement authority reconsiders (10) To carry out the functions of the the claim and if warranted attempts to head of an agency under the Military settle it. When further settlement ef- Personnel and Civilian Employees’

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Claims Act, as amended (31 U.S.C. erenced in paragraph (a) of this section 3721); are processed and settled by the service (11) To carry out the functions of the assigned responsibility. head of an agency under the Federal (c) A list of countries assigned to a Claims Collection Act of 1966, as single-service is available from the amended (31 U.S.C. 3711); military attache at any United States (12) To carry out the functions of the embassy or consulate. head of the department under the Fed- (d) In a country not assigned to a sin- eral Medical Care Recovery Act (42 gle-service, the rules for presenting U.S.C. 2651–2653); claims may be found in § 25.111, and the (13) To review and approve for pay- claim will be settled by the Coast ment any voucher for payment of a Guard. claim for $25 or less the authority for payment of which is questioned by a Subpart B—Admiralty Claims certifying or disbursing officer; (14) To establish procedures con- AUTHORITY: 14 U.S.C. 646; 14 U.S.C. 633; 49 sistent with the applicable statutes CFR 1.46(b). and regulations for the administration of all claims. § 25.201 Scope. NOTE: Under the Military Claims Act (10 This subpart prescribes the require- U.S.C. 2733), the Secretary has authorized ments for the administrative settle- the Chief Counsel to settle and pay claims, ment of maritime tort claims against see 49 CFR 1.46(j). the United States for death, personal (b) The Director of Finance and Pro- injury, damage to or loss of property curement is delegated the authority to caused by a vessel or other property in carry out the functions of the head of the service of the Coast Guard, or a an agency under the Federal Claims maritime tort committed by an agent Collection Act of 1966, as amended (31 of the Coast Guard, and for claims for U.S.C. 3711). towage and salvage services rendered [CGD 80–033, 46 FR 27109, May 18, 1981, as to a Coast Guard vessel or property. amended by CGD 82–112, 48 FR 4773, Feb. 3, 1983; USCG–2001–9286, 66 FR 33639, June 25, § 25.203 Claims payable. 2001] A claim is payable under this subpart if it is: § 25.133 Redelegation of authority. (a) A claim for death, personal in- The authority delegated in § 25.131 jury, damage to or loss of real or per- and in 49 CFR 1.46(j) to the Chief Coun- sonal property arising from a maritime sel may, unless otherwise limited, be tort caused by an agent or employee of redelegated in whole or in part to set- the Coast Guard, or a vessel or other tlement authorities established by the property in the service of the Coast Chief Counsel. Information concerning Guard, including an auxiliary facility current settlement authorities is avail- operated under specific orders and act- able from the offices indicated in ing within the scope of such orders; or § 25.103. (b) A claim for compensation for towage and salvage services rendered to a § 25.135 Processing and settlement of vessel in the service of the Coast Guard claims in foreign countries. or to other property under the jurisdic- (a) In certain countries, the Depart- tion of the Coast Guard. ment of Defense has assigned single- service responsibility for the settle- § 25.205 Claims not payable. ment of claims arising under the For- A claim is not payable under this eign Claims Act, Military Claims Act, subpart if it: Nonscope of Employment Claims Act, (a) Results from action by an enemy, Federal Medical Care Recovery Act, or directly or indirectly from an act of and Federal Claims Collection Act. the armed services of the United States (b) In a country where single-service in combat; claims responsibility has been as- (b) Is purely contractual in nature; signed, claims against the United (c) Is for death or personal injury of States cognizable under the acts ref- a United States employee for whom

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benefits are provided under the Federal § 25.303 Procedure. Employees’ Compensation Act, or any A claim shall be presented and proc- other system of compensation where essed in accordance with 28 CFR Part contribution is made or insurance pre- 14. Should there be a conflict between miums paid directly or indirectly by the provisions of 33 CFR Part 25, Sub- the United States on behalf of the in- part A and the Department of Justice jured employee; regulations in 28 CFR Part 14, the De- (d) Is one for which a foreign country partment of Justice regulations gov- is responsible under Article VIII of the ern. Agreement Regarding the Status of Forces of Parties to the North Atlantic Subpart D—Military Claims Treaty, or other similar treaty agreement; AUTHORITY: 10 U.S.C. 2733; 49 CFR 1.46(j). (e) Arises from private or domestic obligations as distinguished from gov- § 25.401 Scope. ernmental transactions; or This subpart prescribes the require- (f) Is for damage to or loss of per- ments for the administrative settle- sonal property of military personnel or ment of claims against the United civilian employees which is cognizable States arising out of the activities of under the Military Personnel and Civil- the Coast Guard under the Military ian Employees’ Claims Act, as amend- Claims Act. ed. § 25.403 Claims payable. § 25.207 Time limitation on claims. A claim arising at any place caused (a) A settlement authority may ad- by military personnel or civilian em- ministratively settle and approve a ployees of the Coast Guard acting with- claim for final payment within two in the scope of their employment, or years from the date that the cause of otherwise incident to noncombat ac- action accrues. Otherwise, the claim is tivities of the Coast Guard, whether or barred. This two-year period is not ex- not negligence or intentional tort is tended by presenting a claim nor by ne- shown, is payable under this subpart gotiations or correspondence. The ex- for: istence of an administrative claim does (a) Damage to or loss of real prop- not extend the two year statute of lim- erty, including damage or loss incident itations in 46 U.S.C. 745. to the use and occupancy of real prop- (b) If a complaint is filed in a Federal erty by the Coast Guard; District Court before the expiration of (b) Damage to or loss of personal the two-year period, an administrative property, including property bailed to settlement may be negotiated by the the Coast Guard; settlement authority only with the (c) Damage to or loss of registered or consent of the Department of Justice. insured mail while the mail is in the Payment is made upon final dismissal possession of the Coast Guard even of the complaint. though damaged or lost by criminal act; or (d) Death or personal injury. Subpart C—Federal Tort Claims § 25.405 Claims not payable. AUTHORITY: 28 U.S.C. 2672; 28 CFR 14.11; 49 A claim is not payable under this CFR 1.45(a)(2); 49 CFR 1.45(a)(3). subpart if it: (a) Results from action by an enemy § 25.301 Scope. or directly or indirectly from an act of This subpart prescribes the require- the armed services of the United States ments for the administrative settle- in combat; ment of claims against the United (b) Is purely contractual in nature; States arising out of Coast Guard ac- (c) Results wholly or partly from the tivities under the Federal Tort Claims negligent or wrongful act of the claim- Act. ant, claimant’s agent, or claimant’s

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employee, unless comparative neg- (b) For the purposes of this section, a ligence is applicable under local law; war or armed conflict is one in which (d) Is for death or personal injury of an armed service of the United States a United States employee for whom is engaged. The dates of commence- benefits are provided under the Federal ment and termination of an armed con- Employees’ Compensation Act, Long- flict will be as established by concur- shoremen’s and Harbor Workers’ Com- rent resolution of Congress or by deter- pensation Act, or any other system of mination of the President. compensation where contribution is made or insurance premiums paid di- § 25.409 Appeal. rectly or indirectly by the United (a) A claimant may submit an appeal, States on behalf of the injured em- in writing, through the settlement au- ployee; thority disapproving the claim or ap- (e) Is cognizable under Subpart C or proving the claim in part. E of this part; (1) The appeal shall set forth fully (f) Is for reimbursement for medical, the legal or factual bases asserted as hospital, or burial services furnished at grounds for the appeal; and the expense of the United States; (2) The appeal is permitted only if it (g) Is one of the following exceptions is postmarked within 45 days after re- to the Federal Tort Claims Act, 28 ceipt of (i) notice of disapproval of the U.S.C. 2680 (a), (b), (e), (f), (h), or (j). claim or (ii) offer of settlement in a re- (However, a claim falling within the duced amount. exception contained in 28 U.S.C. 2680 (b) The disapproval of a claim is final (b) is payable when not prohibited by unless the claimant submits a request paragraph (i) of this section.); for reconsideration or an appeal in (h) Results from a specific risk which writing. the claimant assumed in writing before (c) Upon receipt of an appeal, the set- the incident giving rise to the claim; tlement authority examines it and for- (i) Is for damage to or loss of a letter wards it with the claim file, opinions, or postal matter while in the posses- and recommendations to the next high- sion of the Postal Service; er settlement authority. (j) Is for rent, or other payments involving the acquisition, use, posses- Subpart E—Foreign Claims sion, or disposition of real property or

interests therein by and for the Coast AUTHORITY: 10 U.S.C. 2734; 49 CFR 1.46(b). Guard except as provided in § 25.403(a); (k) Is for the taking of private prop- § 25.501 Scope. erty by trespass except for actual phys- This subpart prescribes the require- ical damage; or ments for the administrative settle- (l) Is for personal injury or death of a ment of claims against the United member or civilian employee of the States by a foreign country, political armed services of the U.S. whose death subdivision or inhabitant thereof, for or injury was incident to service. death, personal injury, damage to or [CGD 80–033, 46 FR 27109, May 18, 1981, as loss of property occurring outside the amended by CGD 87–008b, 52 FR 25218, July 6, United States, its territories, common- 1987] wealths, or possessions, caused by a military member or civilian employee § 25.407 Time limitation on claims. of the Coast Guard, or otherwise inci- (a) A claim may be settled only if dent to noncombat activities of the presented in writing within two years Coast Guard. after it accrues, except that if it accrues in time of war or armed conflict, § 25.503 Proper claimants. or if war or armed conflict intervenes (a) The claimant, or the decedent in within two years after it accrues, and a death case, must have been an inhab- if good cause is shown, the claim may itant of a foreign country at the time be presented not more than two years of the incident giving rise to the claim after the termination of the war or and must not be otherwise excluded by armed conflict. § 25.505. It is not necessary that a

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claimant be a citizen of, or legal domi- the armed services of the United States ciliary of the foreign country. in combat; (b) A corporation or other organiza- (b) Is purely contractual in nature; tion doing business in a foreign coun- (c) Is for death or personal injury of try on a permanent basis may qualify a United States employee for whom as a proper claimant although orga- benefits are provided under the Federal nized under United States law. Employees’ Compensation Act, the (c) The government of a foreign coun- Longshoremen’s and Harbor Workers’ try or a political subdivision thereof is Compensation Act, or any other sys- a proper claimant unless excluded by tem of compensation where contribu- waiver provisions of applicable inter- tion is made or insurance premiums national agreements. paid directly or indirectly by the United States on behalf of the injured § 25.505 Claimants excluded. employee; (a) Civilian employees of the United (d) Is one for which a foreign country States and members of the armed serv- is responsible under Article VIII of the ices of the United States and their de- Agreement Regarding the Status of pendents, who are in a foreign country Forces of Parties to the North Atlantic primarily because of their own or their Treaty, or other similar treaty agree- sponsor’s duty status. ment; (b) Other citizens of the United (e) Arises from private or domestic States, its territories, commonwealths, obligations as distinguished from gov- or possessions, unless they can estab- ernmental transactions; lish their status as inhabitants of the (f) Is a bastardy claim; or foreign country. (c) An insurer or other subrogee. (g) Involves a patent or copyright in- fringement. § 25.507 Claims payable. § 25.511 Time limitation on claims. (a) A claim is payable under this subpart if it was incident to a noncombat A claim may be settled only if pre- activity of the Coast Guard or was sented in writing within two years caused by: after it accrues. Under appropriate cir- (1) A military member of the Coast cumstances, a claim presented orally Guard; may be considered. (2) A civilian employee of the Coast Guard who is not a national of the § 25.513 Amount claimed. country in which the incident oc- The claimant shall state the amount curred; or claimed in the currency of the country (3) A civilian employee of the Coast where the incident occurred or where Guard who is a national of the country the claimant resided at the time of the in which the incident occurred if: incident. (i) The employee was within the scope of employment, or § 25.515 Settlement and notice to (ii) An employer or owner of the claimant. property involved would be liable under If a claim is determined to be meri- local law. torious in any amount, a written ac- (b) The fact that the act giving rise ceptance and release or a claim settle- to a claim may constitute a crime does ment agreement shall be signed by the not, by itself, bar relief. claimant before payment. The release (c) Local law or custom pertaining to executed by the claimant shall release contributory or comparative neg- the United States and also release the ligence, and to joint tort-feasors, are tort-feasor or the person who occa- applied to the extent practicable. sioned the damage, injury, or death. § 25.509 Claims not payable. A claim is not payable under this Subpart F—Claims Not Cognizable subpart if it: Under Other Law (a) Results from action by an enemy or directly or indirectly from an act of AUTHORITY: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).

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§ 25.601 Scope. Subpart G—Article 139, Uniform This subpart prescribes the require- Code of Military Justice ments for the administrative settlement of claims against the United AUTHORITY: 10 U.S.C. 939; 49 CFR 1.46(b). States under 10 U.S.C. 2737 incident to use of property of the United States § 25.701 Scope. and not cognizable under other law. This subpart prescribes the requirements for the administrative settle- § 25.603 Claims payable. ment of claims under Article 139, Uni- A claim for death, personal injury, or form Code of Military Justice, 10 U.S.C. damage to or loss of real or personal 939, against military members of the Coast Guard for damage to property property under this subpart is payable willfully caused by them or loss of when caused by a military member or a property wrongfully taken by them. civilian employee of the Coast Guard: (a) Incident to the use of a vehicle of § 25.703 Claims payable. the United States at any place; or A claim for damage to or loss of real (b) Incident to the use of any other or personal property caused by a mili- property of the United States on a gov- tary member of the Coast Guard is pay- ernment installation. able under this subpart when the damage or loss results from: § 25.605 Claims not payable. (a) Willful or intentional acts; A claim is not payable under this (b) Wrongful taking; or subpart if it: (c) Riotous, violent, and reckless con- (a) Is legally recoverable by the duct or acts of depredation by an indi- claimant under a compensation statute vidual or group that evidences willful- or an insurance policy; ness. (b) Results wholly or partly from the § 25.705 Claims not payable. negligent or wrongful act of the claimant, claimant’s agent or employee; A claim is not payable under this (c) Is a subrogated claim; subpart if it: (a) Is for death or personal injury; (d) Is cognizable under any other pro- (b) Results wholly or partly from the vision of law or regulation adminis- grossly negligent, or reckless act of the tered by the Coast Guard; or claimant, claimant’s agent or em- (e) Is for any element of damage per- ployee; taining to death or personal injury, (c) Is a subrogated claim; other than the cost of reasonable med- (d) Is for damage to or loss of prop- ical, hospital, and burial expenses actu- erty owned by the United States or ally incurred and not otherwise fur- property of a Nonappropriated Fund nished or paid by the United States. Activity; (e) Results from negligence; § 25.607 Time limitation on claims. (f) Is for indirect or remote damages; A claim may be settled only if pre- (g) Is for damage to or loss of prop- sented in writing within two years erty resulting from the act or omission after it accrues. of a member of the Coast Guard acting within the scope of the member’s em- § 25.609 Settlement and notice to ployment; claimant. (h) Extends to damage or loss that results from the owner’s failure to If a claim is determined to be meri- mitigate damages; or torious in any amount, the claimant (i) Has been paid by a third party. must sign a written acceptance and release or a claim settlement agreement § 25.707 Time limitation on claims. before payment. Although larger A claim may be settled only if pre- claims may be considered, no claim sented within 90 days after it accrues may be approved or paid in an amount unless good cause is shown for the that exceeds $1,000.00. delay.

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§ 25.709 Assessment limitation on 26.03 Radiotelephone required. claims. 26.04 Use of the designated frequency. 26.05 Use of radiotelephone. A claim is permitted in any amount; 26.06 Maintenance of radiotelephone; failure however, this subpart prohibits any as- of radiotelephone. sessment that exceeds one-half of one 26.07 Communications. month’s basic pay against the pay of 26.08 Exemption procedures. any offender. 26.09 List of exemptions. AUTHORITY: 14 U.S.C. 2, 33 U.S.C. 1201–1208; Subpart H—Pollution Removal Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170. Rule Damage Claims 1, International Regulations for the Preven- tion of Collisions at Sea. AUTHORITY: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. SOURCE: CGD 71–114R, 37 FR 12720, June 28, 1321(1); EO 11735, sec. 5 (a), (b)(3); 49 CFR 1972, unless otherwise noted. 1.46(m). § 26.01 Purpose. § 25.801 Scope. (a) The purpose of this part is to im- This subpart prescribes the require- plement the provisions of the Vessel ments for the administrative settle- Bridge-to-Bridge Radiotelephone Act. ment of claims against the United This part: States for damage to or loss of prop- (1) Requires the use of the vessel erty resulting from containment or re- bridge-to-bridge radiotelephone; moval activities during Phase III or IV (2) Provides the Coast Guard’s inter- of the National Contingency Plan, pretation of the meaning of important under the Federal Water Pollution terms in the Act; Control Act, as amended. 33 U.S.C. 1321. (3) Prescribes the procedures for applying for an exemption from the Act § 25.803 Claims payable. and the regulations issued under the A claim for damage to or loss of real Act and a listing of exemptions. or personal property is payable under (b) Nothing in this part relieves any this subpart if: person from the obligation of com- (a) Caused by the United States, its plying with the rules of the road and employees, agents or contractors dur- the applicable pilot rules. ing containment, countermeasures, cleanup, mitigation, and disposal ac- § 26.02 Definitions. tivities under the National Contin- For the purpose of this part and in- gency Plan; and terpreting the Act: (b) In the exercise of care reasonable Act means the ‘‘Vessel Bridge-to- under the circumstances, the incident Bridge Radiotelephone Act’’, 33 U.S.C. giving rise to the claim was necessary sections 1201–1208; and the damage unavoidable. Length is measured from end to end over the deck excluding sheer; § 25.805 Claims not payable. Power-driven vessel means any vessel A claim is not payable under this propelled by machinery; and subpart if it: Secretary means the Secretary of the (a) Is for death or personal injury; or Department in which the Coast Guard (b) Arises out of activities to contain is operating; or remove a discharge of oil or other Territorial sea means all waters as de- hazardous polluting substance from a fined in § 2.22(a)(1) of this chapter. United States or foreign public vessel Towing vessel means any commercial or federally controlled facility. vessel engaged in towing another vessel astern, alongside, or by pushing ahead. PART 26—VESSEL BRIDGE-TO- Vessel Traffic Services (VTS) means a BRIDGE RADIOTELEPHONE REGU- service implemented under Part 161 of LATIONS this chapter by the United States Coast Guard designed to improve the Sec. safety and efficiency of vessel traffic 26.01 Purpose. and to protect the environment. The 26.02 Definitions. VTS has the capability to interact

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with marine traffic and respond to traf- tions Commission for the exchange of fic situations developing in the VTS navigational information. area. (c) The radiotelephone required by Vessel Traffic Service Area or VTS Area paragraph (b) of this section must be means the geographical area encom- carried on board the described vessels, passing a specific VTS area of service dredges, and floating plants upon the as described in Part 161 of this chapter. navigable waters of the United States. This area of service may be subdivided (d) The radiotelephone required by into sectors for the purpose of allo- paragraph (b) of this section must be cating responsibility to individual Ves- capable of transmitting and receiving sel Traffic Centers or to identify dif- on VHF FM channel 22A (157.1 MHz). ferent operating requirements. (e) While transiting any of the following waters, each vessel described in NOTE: Although regulatory jurisdiction is paragraph (a) of this section also must limited to the navigable waters of the United States, certain vessels will be encouraged or have on board a radiotelephone capable may be required, as a condition of port of transmitting and receiving on VHF entry, to report beyond this area to facili- FM channel 67 (156.375 MHz): tate traffic management within the VTS (1) The lower Mississippi River from area. the territorial sea boundary, and with- (Rule 1, International Regulations for Pre- in either the Southwest Pass safety venting Collisions at Sea, 1972 (as rectified); fairway or the South Pass safety fair- EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b)) way specified in 33 CFR 166.200, to mile 242.4 AHP (Above Head of Passes) near [CGD 71–114R, 37 FR 12720, June 28, 1972, as amended by CGD 77–118a, 42 FR 35784, July Baton Rouge; 11, 1977; CGD 90–020, 59 FR 36322, July 15, 1994; (2) The Mississippi River-Gulf Outlet USCG–2001–9044, 68 FR 42601, July 18, 2003] from the territorial sea boundary, and within the Mississippi River-Gulf out- § 26.03 Radiotelephone required. let Safety Fairway specified in 33 CFR (a) Unless an exemption is granted 166.200, to that channel’s junction with under § 26.09 and except as provided in the Inner Harbor Navigation Canal; paragraph (a)(4) of this section, this and part applies to: (3) The full length of the Inner Har- bor Navigation Canal from its junction (1) Every power-driven vessel of 20 with the Mississippi River to that ca- meters or over in length while navi- nal’s entry to Lake Pontchartrain at gating; the New Seabrook vehicular bridge. (2) Every vessel of 100 gross tons and (f) In addition to the radiotelephone upward carrying one or more pas- required by paragraph (b) of this sec- sengers for hire while navigating; tion, each vessel described in para- (3) Every towing vessel of 26 feet or graph (a) of this section while over in length while navigating; and transiting any waters within a Vessel (4) Every dredge and floating plant Traffic Service Area, must have on engaged in or near a channel or fairway board a radiotelephone capable of in operations likely to restrict or af- transmitting and receiving on the VTS fect navigation of other vessels except designated frequency in Table 161.12(c) for an unmanned or intermittently (VTS and VMRS Centers, Call Signs/ manned floating plant under the con- MMSI, Designated Frequencies, and trol of a dredge. Monitoring Areas). (b) Every vessel, dredge, or floating plant described in paragraph (a) of this NOTE: A single VHF-FM radio capable of section must have a radiotelephone on scanning or sequential monitoring (often referred to as ‘‘dual watch’’ capability) will board capable of operation from its not meet the requirements for two radios. navigational bridge, or in the case of a dredge, from its main control station, [CGD 91–046, 57 FR 14485, Apr. 21, 1992; 57 FR and capable of transmitting and receiv- 21740, May 22, 1992, as amended by CGD 90– 020, 59 FR 36322, July 15, 1994; CGD 95–033, 60 ing on the frequency or frequencies FR 28328, May 31, 1995; CGD 92–052, 61 FR within the 156–162 Mega-Hertz band 45325, Aug. 29, 1996; CGD–1999–6141, 64 FR using the classes of emissions des- 69635, Dec. 14, 1999; USCG–2003–14757, 68 FR ignated by the Federal Communica- 39364, July 1, 2003]

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§ 26.04 Use of the designated fre- ment to satisfy the requirements of quency. this act. (a) No person may use the frequency [CGD 93–072, 59 FR 39963, Aug. 5, 1994] designated by the Federal Communica- tions Commission under section 8 of § 26.06 Maintenance of radiotelephone; failure of radiotelephone. the Act, 33 U.S.C. 1207(a), to transmit any information other than informa- Section 6 of the Act states: tion necessary for the safe navigation (a) Whenever radiotelephone capability is of vessels or necessary tests. required by this Act, a vessel’s radio- (b) Each person who is required to telephone equipment shall be maintained in maintain a listening watch under sec- effective operating condition. If the radiotelephone equipment carried aboard a vessel tion 5 of the Act shall, when necessary, ceases to operate, the master shall exercise transmit and confirm, on the des- due diligence to restore it or cause it to be ignated frequency, the intentions of his restored to effective operating condition at vessel and any other information nec- the earliest practicable time. The failure of essary for the safe navigation of ves- a vessel’s radiotelephone equipment shall not, in itself, constitute a violation of this sels. Act, nor shall it obligate the master of any (c) Nothing in these regulations may vessel to moor or anchor his vessel; however, be construed as prohibiting the use of the loss of radiotelephone capability shall be the designated frequency to commu- given consideration in the navigation of the nicate with shore stations to obtain or vessel. furnish information necessary for the § 26.07 Communications. safe navigation of vessels. No person may use the services of, (d) On the navigable waters of the and no person may serve as, a person United States, channel 13 (156.65 MHz) required to maintain a listening watch is the designated frequency required to under section 5 of the Act, 33 U.S.C. be monitored in accordance with 1204, unless the person can commu- § 26.05(a) except that in the area pre- nicate in the English language. scribed in § 26.03(e), channel 67 (156.375 MHz) is the designated frequency. [CGD 90–020, 59 FR 36323, July 15, 1994, as amended by CGD 95–033, 60 FR 28329, May 31, (e) On those navigable waters of the 1995] United States within a VTS area, the designated VTS frequency is an addi- § 26.08 Exemption procedures. tional designated frequency required to (a) The Commandant has redelegated be monitored in accordance with § 26.05. to the Assistant Commandant for Ma- (85 Stat. 164; 33 U.S.C. 1201–1208; 49 CFR rine Safety, Security and Environ- 1.46(n)(2)) mental Protection, U.S. Coast Guard Headquarters, with the reservation [CGD 71–114R, 37 FR 12720, June 28, 1982, as that this authority shall not be further amended by CGD 83–036, 48 FR 30107, June 30, redelegated, the authority to grant ex- 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 emptions from provisions of the Vessel FR 21741, May 22, 1992; CGD 90–020, 59 FR 36323, July 15, 1994; CGD 95–033, 60 FR 28329, Bridge-to-Bridge Radiotelephone Act May 31, 1995] and this part. (b) Any person may petition for an § 26.05 Use of radiotelephone. exemption from any provision of the Act or this part; Section 5 of the Act states that the (c) Each petition must be submitted radiotelephone required by this Act is in writing to U.S. Coast Guard, Marine for the exclusive use of the master or Safety, Security and Environmental person in charge of the vessel, or the Protection, (CG–5), 2100 2nd St., SW., person designated by the master or per- Stop 7355, Washington, DC 20593–7355, son in charge to pilot or direct the and must state: movement of the vessel, who shall (1) The provisions of the Act or this maintain a listening watch on the des- part from which an exemption is re- ignated frequency. Nothing herein quested; and shall be interpreted as precluding the (2) The reasons why marine naviga- use of portable radiotelephone equip- tion will not be adversely affected if

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the exemption is granted and if the ex- telephone Act (33 U.S.C. 1201–1208) ap- emption relates to a local communica- plies is exempt from the requirements tion system how that system would in 33 U.S.C. 1203, 1204, and 1205 and the fully comply with the intent of the regulations under §§ 26.03, 26.04, 26.05, concept of the Act but would not con- 26.06, and 26.07. Each of these vessels form in detail if the exemption is and each person to whom 33 U.S.C. granted. 1208(a) applies must comply with Arti- cles VII, X, XI, XII, XIII, XV, and XVI [CGD 71–114R, 37 FR 12720, June 28, 1972, as amended by CGD 73–256, 39 FR 9176, Mar. 8, and Technical Regulations 1–9 of ‘‘The 1974; CGD 88–052, 53 FR 25119, July 1, 1988; Agreement Between the United States CGD 95–057, 60 FR 34150, June 30, 1995; CGD of America and Canada for Promotion 96–026, 61 FR 33663, June 28, 1996; CGD 97–023, of Safety on the Great Lakes by Means 62 FR 33362, June 19, 1997; USCG–2002–12471, 67 of Radio, 1973.’’ FR 41331, June 18, 2002; USCG–2010–0351, 75 FR 36278, June 25, 2010] [CGD 72–223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74–291, 39 FR 44980, Dec. 30, § 26.09 List of exemptions. 1974; CGD 83–003, 48 FR 7442, Feb. 18, 1983; CGD 91–046, 57 FR 14486, Apr. 21, 1992] (a) All vessels navigating on those waters governed by the navigation rules for Great Lakes and their con- PART 27—ADJUSTMENT OF CIVIL necting and tributary waters (33 U.S.C. MONETARY PENALTIES FOR IN- 241 et seq.) are exempt from the re- FLATION quirements of the Vessel Bridge-to- Bridge Radiotelephone Act and this AUTHORITY: Secs. 1–6, Pub. L. 101–410, 104 part until May 6, 1975. Stat. 890, as amended by Sec. 31001(s)(1), Pub. (b) Each vessel navigating on the L. 104–134, 110 Stat. 1321 (28 U.S.C. 2461 note); Great Lakes as defined in the Inland Department of Homeland Security Delega- Navigational Rules Act of 1980 (33 tion No. 0170.1, sec. 2 (106). U.S.C. 2001 et seq.) and to which the SOURCE: USCG–2011–0257, 76 FR 31833, June Vessel Bridge-to-Bridge Radio- 2, 2011, unless otherwise noted.

§ 27.3 Penalty Adjustment Table. Table 1 identifies the statutes administered by the Coast Guard that authorize a civil monetary penalty. The ‘‘adjusted maximum penalty’’ is the maximum penalty authorized by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, as determined by the Coast Guard.

TABLE 1—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

2012 Adjusted maximum U.S. Code citation Civil monetary penalty description penalty amount ($)

14 U.S.C. 88(c) ...... Saving Life and Property ...... 8,000 14 U.S.C. 645(i) ...... Confidentiality of Medical Quality Assurance Records (first offense) ..... 4,000 14 U.S.C. 645(i) ...... Confidentiality of Medical Quality Assurance Records (subsequent of- 30,000 fenses). 16 U.S.C. 4711(g)(1) ...... Aquatic Nuisance Species in Waters of the United States ...... 35,000 19 U.S.C. 70 ...... Obstruction of Revenue Officers by Masters of Vessels ...... 3,000 19 U.S.C. 70 ...... Obstruction of Revenue Officers by Masters of Vessels—Minimum 700 Penalty. 19 U.S.C. 1581(d) ...... Failure to Stop Vessel When Directed; Master, Owner, Operator or 5,000 Person in Charge 1. 19 U.S.C. 1581(d) ...... Failure to Stop Vessel When Directed; Master, Owner, Operator or 1,000 Person in Charge—Minimum Penalty 1. 33 U.S.C. 471 ...... Anchorage Ground/Harbor Regulations General ...... 110 33 U.S.C. 474 ...... Anchorage Ground/Harbor Regulations St. Mary’s River ...... 300 33 U.S.C. 495(b) ...... Bridges/Failure to Comply with Regulations 2 ...... 25,000 33 U.S.C. 499(c) ...... Bridges/Drawbridges 2 ...... 25,000 33 U.S.C. 502(c) ...... Bridges/Failure to Alter Bridge Obstructing Navigation 2 ...... 25,000 33 U.S.C. 533(b) ...... Bridges/Maintenance and Operation ...... 25,000 33 U.S.C. 1208(a) ...... Bridge to Bridge Communication; Master, Person in Charge or Pilot .... 800 33 U.S.C. 1208(b) ...... Bridge to Bridge Communication; Vessel ...... 800

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TABLE 1—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued

2012 Adjusted maximum U.S. Code citation Civil monetary penalty description penalty amount ($)

33 U.S.C. 1232(a) ...... PWSA Regulations ...... 40,000 33 U.S.C. 1236(b) ...... Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in 8,000 Charge. 33 U.S.C. 1236(c) ...... Vessel Navigation: Regattas or Marine Parades; Owner Onboard Ves- 8,000 sel. 33 U.S.C. 1236(d) ...... Vessel Navigation: Regattas or Marine Parades; Other Persons ...... 3,000 33 U.S.C. 1321(b)(6)(B)(i) ...... Oil/Hazardous Substances: Discharges (Class I per violation) ...... 15,000 33 U.S.C. 1321(b)(6)(B)(i) ...... Oil/Hazardous Substances: Discharges (Class I total under paragraph) 40,000 33 U.S.C. 1321(b)(6)(B)(ii) ...... Oil/Hazardous Substances: Discharges (Class II per day of violation) .. 15,000 33 U.S.C. 1321(b)(6)(B)(ii) ...... Oil/Hazardous Substances: Discharges (Class II total under para- 190,000 graph). 33 U.S.C. 1321(b)(7)(A) ...... Oil/Hazardous Substances: Discharges (per day of violation) Judicial 40,000 Assessment. 33 U.S.C. 1321(b)(7)(A) ...... Oil/Hazardous Substances: Discharges (per barrel of oil or unit dis- 1,100 charged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(B) ...... Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With 40,000 Order (Judicial Assessment). 33 U.S.C. 1321(b)(7)(C) ...... Oil/Hazardous Substances: Failure to Comply with Regulation Issued 40,000 Under 1321(j) (Judicial Assessment). 33 U.S.C. 1321(b)(7)(D) ...... Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel 4,000 of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(D) ...... Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum 130,000 Penalty (Judicial Assessment). 33 U.S.C. 1322(j) ...... Marine Sanitation Devices; Operating ...... 3,000 33 U.S.C. 1322(j) ...... Marine Sanitation Devices; Sale or Manufacture ...... 8,000 33 U.S.C. 1608(a) ...... International Navigation Rules; Operator ...... 8,000 33 U.S.C. 1608(b) ...... International Navigation Rules; Vessel ...... 8,000 33 U.S.C. 1908(b)(1) ...... Pollution from Ships; General ...... 40,000 33 U.S.C. 1908(b)(2) ...... Pollution from Ships; False Statement ...... 8,000 33 U.S.C. 2072(a) ...... Inland Navigation Rules; Operator ...... 8,000 33 U.S.C. 2072(b) ...... Inland Navigation Rules; Vessel ...... 8,000 33 U.S.C. 2609(a) ...... Shore Protection; General ...... 40,000 33 U.S.C. 2609(b) ...... Shore Protection; Operating Without Permit ...... 15,000 33 U.S.C. 2716a(a) ...... Oil Pollution Liability and Compensation ...... 40,000 33 U.S.C. 3852(a)(1)(A) ...... Clean Hulls; Civil Enforcement ...... 37,500 33 U.S.C. 3852(a)(1)(B) ...... Clean Hulls; Civil Enforcement ...... 50,000 42 U.S.C. 9609(a) ...... Hazardous Substances, Releases, Liability, Compensation (Class I) .... 35,000 42 U.S.C. 9609(b) ...... Hazardous Substances, Releases, Liability, Compensation (Class II) ... 35,000 42 U.S.C. 9609(b) ...... Hazardous Substances, Releases, Liability, Compensation (Class II 100,000 subsequent offense). 42 U.S.C. 9609(c) ...... Hazardous Substances, Releases, Liability, Compensation (Judicial 35,000 Assessment). 42 U.S.C. 9609(c) ...... Hazardous Substances, Releases, Liability, Compensation (Judicial 100,000 Assessment subsequent offense). 46 U.S.C. App 1505(a)(2) ...... Safe Containers for International Cargo ...... 8,000 46 U.S.C. App 1712(a) ...... International Ocean Commerce Transportation—Common Carrier 6,000 Agreements per violation. 46 U.S.C. App 1712(a) ...... International Ocean Commerce Transportation—Common Carrier 30,000 Agreements per violation—Willfull violation. 46 U.S.C. App 1712(b) ...... International Ocean Commerce Transportation—Common Carrier 60,000 Agreements—Fine for tariff violation (per shipment). 46 U.S.C. App 1805(c)(2) ...... Suspension of Passenger Service ...... 70,000 46 U.S.C. 2110(e) ...... Vessel Inspection or Examination Fees ...... 8,000 46 U.S.C. 2115 ...... Alcohol and Dangerous Drug Testing ...... 7,000 46 U.S.C. 2302(a) ...... Negligent Operations: Recreational Vessels ...... 6,000 46 U.S.C. 2302(a) ...... Negligent Operations: Other Vessels ...... 30,000 46 U.S.C. 2302(c)(1) ...... Operating a Vessel While Under the Influence of Alcohol or a Dan- 7,000 gerous Drug. 46 U.S.C. 2306(a)(4) ...... Vessel Reporting Requirements: Owner, Charterer, Managing Oper- 8,000 ator, or Agent. 46 U.S.C. 2306(b)(2) ...... Vessel Reporting Requirements: Master ...... 1,100 46 U.S.C. 3102(c)(1) ...... Immersion Suits ...... 8,000 46 U.S.C. 3302(i)(5) ...... Inspection Permit ...... 1,100 46 U.S.C. 3318(a) ...... Vessel Inspection; General ...... 8,000 46 U.S.C. 3318(g) ...... Vessel Inspection; Nautical School Vessel ...... 8,000 46 U.S.C. 3318(h) ...... Vessel Inspection; Failure to Give Notice IAW 3304(b) ...... 1,100 46 U.S.C. 3318(i) ...... Vessel Inspection; Failure to Give Notice IAW 3309(c) ...... 1,100 46 U.S.C. 3318(j)(1) ...... Vessel Inspection; Vessel ≥1600 Gross Tons ...... 15,000 46 U.S.C. 3318(j)(1) ...... Vessel Inspection; Vessel <1600 Gross Tons ...... 3,000 46 U.S.C. 3318(k) ...... Vessel Inspection; Failure to Comply with 3311(b) ...... 15,000

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TABLE 1—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued

2012 Adjusted maximum U.S. Code citation Civil monetary penalty description penalty amount ($)

46 U.S.C. 3318(l) ...... Vessel Inspection; Violation of 3318(b)–3318(f) ...... 8,000 46 U.S.C. 3502(e) ...... List/count of Passengers ...... 110 46 U.S.C. 3504(c) ...... Notification to Passengers ...... 15,000 46 U.S.C. 3504(c) ...... Notification to Passengers; Sale of Tickets ...... 800 46 U.S.C. 3506 ...... Copies of Laws on Passenger Vessels; Master ...... 300 46 U.S.C. 3718(a)(1) ...... Liquid Bulk/Dangerous Cargo ...... 40,000 46 U.S.C. 4106 ...... Uninspected Vessels ...... 8,000 46 U.S.C. 4311(b)(1) ...... Recreational Vessels (maximum for related series of violations) ...... 300,000 46 U.S.C. 4311(b)(1) ...... Recreational Vessels; Violation of 4307(a) ...... 6,000 46 U.S.C. 4311(c) ...... Recreational vessels ...... 1,100 46 U.S.C. 4507 ...... Uninspected Commercial Fishing Industry Vessels ...... 8,000 46 U.S.C. 4703 ...... Abandonment of Barges ...... 1,100 46 U.S.C. 5116(a) ...... Load Lines ...... 8,000 46 U.S.C. 5116(b) ...... Load Lines; Violation of 5112(a) ...... 15,000 46 U.S.C. 5116(c) ...... Load Lines; Violation of 5112(b) ...... 8,000 46 U.S.C. 6103(a) ...... Reporting Marine Casualties ...... 35,000 46 U.S.C. 6103(b) ...... Reporting Marine Casualties; Violation of 6104 ...... 8,000 46 U.S.C. 8101(e) ...... Manning of Inspected Vessels; Failure to Report Deficiency in Vessel 1,100 Complement. 46 U.S.C. 8101(f) ...... Manning of Inspected Vessels ...... 15,000 46 U.S.C. 8101(g) ...... Manning of Inspected Vessels; Employing or Serving in Capacity not 15,000 Licensed by USCG. 46 U.S.C. 8101(h) ...... Manning of Inspected Vessels; Freight Vessel <100 GT, Small Pas- 1,100 senger Vessel, or Sailing School Vessel. 46 U.S.C. 8102(a) ...... Watchmen on Passenger Vessels ...... 1,100 46 U.S.C. 8103(f) ...... Citizenship Requirements ...... 800 46 U.S.C. 8104(i) ...... Watches on Vessels; Violation of 8104(a) or (b) ...... 15,000 46 U.S.C. 8104(j) ...... Watches on Vessels; Violation of 8104(c), (d), (e), or (h) ...... 15,000 46 U.S.C. 8302(e) ...... Staff Department on Vessels ...... 110 46 U.S.C. 8304(d) ...... Officer’s Competency Certificates ...... 110 46 U.S.C. 8502(e) ...... Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, 15,000 Master or Individual in Charge. 46 U.S.C. 8502(f) ...... Coastwise Pilotage; Individual ...... 15,000 46 U.S.C. 8503 ...... Federal Pilots ...... 40,000 46 U.S.C. 8701(d) ...... Merchant Mariners Documents ...... 800 46 U.S.C. 8702(e) ...... Crew Requirements ...... 15,000 46 U.S.C. 8906 ...... Small Vessel Manning ...... 35,000 46 U.S.C. 9308(a) ...... Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, 15,000 Master or Individual in Charge. 46 U.S.C. 9308(b) ...... Pilotage: Great Lakes; Individual ...... 15,000 46 U.S.C. 9308(c) ...... Pilotage: Great Lakes; Violation of 9303 ...... 15,000 46 U.S.C. 10104(b) ...... Failure to Report Sexual Offense ...... 8,000 46 U.S.C. 10314(a)(2) ...... Pay Advances to Seamen ...... 800 46 U.S.C. 10314(b) ...... Pay Advances to Seamen; Remuneration for Employment ...... 800 46 U.S.C. 10315(c) ...... Allotment to Seamen ...... 800 46 U.S.C. 10321 ...... Seamen Protection; General ...... 7,000 46 U.S.C. 10505(a)(2) ...... Coastwise Voyages: Advances ...... 7,000 46 U.S.C. 10505(b) ...... Coastwise Voyages: Advances; Remuneration for Employment ...... 7,000 46 U.S.C. 10508(b) ...... Coastwise Voyages: Seamen Protection; General ...... 7,000 46 U.S.C. 10711 ...... Effects of Deceased Seamen ...... 300 46 U.S.C. 10902(a)(2) ...... Complaints of Unfitness ...... 800 46 U.S.C. 10903(d) ...... Proceedings on Examination of Vessel ...... 110 46 U.S.C. 10907(b) ...... Permission to Make Complaint ...... 800 46 U.S.C. 11101(f) ...... Accommodations for Seamen ...... 800 46 U.S.C. 11102(b) ...... Medicine Chests on Vessels ...... 800 46 U.S.C. 11104(b) ...... Destitute Seamen ...... 110 46 U.S.C. 11105(c) ...... Wages on Discharge ...... 800 46 U.S.C. 11303(a) ...... Log Books; Master Failing to Maintain ...... 300 46 U.S.C. 11303(b) ...... Log Books; Master Failing to Make Entry ...... 300 46 U.S.C. 11303(c) ...... Log Books; Late Entry ...... 200 46 U.S.C. 11506 ...... Carrying of Sheath Knives ...... 80 46 U.S.C. 12151(a) ...... Documentation of Vessels (violation per day) ...... 15,000 46 U.S.C. 12151(c) ...... Engaging in Fishing After Falsifying Eligibility (fine per day) ...... 130,000 46 U.S.C. 12309(a) ...... Numbering of Undocumented Vessels—Willfull violation ...... 6,000 46 U.S.C. 12309(b) ...... Numbering of Undocumented Vessels ...... 1,100 46 U.S.C. 12507(b) ...... Vessel Identification System ...... 15,000 46 U.S.C. 14701 ...... Measurement of Vessels ...... 30,000 46 U.S.C. 14702 ...... Measurement; False Statements ...... 30,000 46 U.S.C. 31309 ...... Commercial Instruments and Maritime Liens ...... 15,000 46 U.S.C. 31330(a)(2) ...... Commercial Instruments and Maritime Liens; Mortgagor ...... 15,000

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TABLE 1—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued

2012 Adjusted maximum U.S. Code citation Civil monetary penalty description penalty amount ($)

46 U.S.C. 31330(b)(2) ...... Commercial Instruments and Maritime Liens; Violation of 31329 ...... 35,000 46 U.S.C. 70119 ...... Port Security ...... 30,000 46 U.S.C. 70119(b) ...... Port Security—Continuing Violations ...... 50,000 46 U.S.C. 70506 ...... Maritime Drug Law Enforcement; Penalties ...... 5,000 49 U.S.C. 5123(a)(1) ...... Hazardous Materials: Related to Vessels—Maximum Penalty ...... 60,000 49 U.S.C. 5123(a)(1) ...... Hazardous Materials: Related to Vessels—Minimum Penalty ...... 300 49 U.S.C. 5123(a)(2) ...... Hazardous Materials: Related to Vessels—Penalty from Fatalities, Se- 110,000 rious Injuries/Illness or substantial Damage to Property. Note: The changes in Civil Penalties for calendar year 2012, shown above, are based on the change in CPI–U from June 2009 to June 2010. The recorded change in CPI–U during that period was 1.05%. Because of the small change in CPI–U and the required rules for rounding, there was no change to any of the maximum penalty amounts from the previous adjustment. 1 Enacted under the Tariff Act of 1930, exempt from inflation adjustments. 2 These penalties increased in accordance with the statute to $10,000 in 2005, $15,000 in 2006, $20,000 in 2007, and $25,000 in 2008 and thereafter.

[USCG–2012–0306, 77 FR 37309, June 21, 2012]

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PART 40—CADETS OF THE COAST are subject to the Uniform Code of GUARD Military Justice. (b) Any person desiring to enlist in the Coast Guard should apply at a AUTHORITY: 14 U.S.C. 182 and 633. Coast Guard Recruiting Office, or direct inquiries to, Coast Guard Recruit- § 40.1 Program for appointing cadets. ing Center, 4200 Wilson Boulevard, The Coast Guard conducts a program Suite 450, Arlington, VA 22203. Enlist- for appointing qualified men and ments in the Coast Guard shall be for women as cadets who are admitted to general service and enlisted persons the Coast Guard Academy, New Lon- may be transferred as necessary from don, Connecticut. The Superintendent one unit to another. Original enlist- of the Coast Guard Academy tenders ments will be made only at regular re- appointments on the basis of previous cruiting offices unless otherwise di- academic performance, reported Col- lege Entrance Examination Board or rected by the Commandant. An origi- American College Testing scores, and nal enlistment is the enlistment of an the findings of a Cadet Candidate Eval- individual who has not had previous uation Board, consisting of Coast service in the Regular Coast Guard. In Guard officers appointed by the Super- processing an application for enlist- intendent of the Coast Guard Academy, ment, the Coast Guard will determine which reviews each applicant’s per- the mental, moral and physical fitness sonal qualifications. In addition, a of the applicant through reference to Service Academy Medical Examination local police files, character references, must be satisfactorily completed be- employers, school authorities and fore appointment. Applications must physical and mental examinations. be submitted online at http:// Concealment of any fact, circumstance www.uscga.edu using Coast Guard or condition existing prior to enlist- forms CGA–14, CGA–14A, CGA–14B, ment which would render the applicant CGA–14C, and CGA–14D. These forms, ineligible for enlistment may subject along with additional information on the applicant to criminal penalties the Cadet appointment program, may under the Uniform Code of Military be obtained from the Director of Ad- Justice and/or administrative separa- missions, U.S. Coast Guard Academy, tion from the Coast Guard. New London, CT 06320. [CGD 82–087, 50 FR 13318, Apr. 4, 1985, as [USCG–2008–0179, 73 FR 35002, June 19, 2008] amended by CGD 96–026, 61 FR 33663, June 28, 1996; USCG–2003–14505, 68 FR 9535, Feb. 28, PART 45—ENLISTMENT OF 2003] PERSONNEL § 45.2 Records of enlistment of former service members. Sec. 45.1 Enlistment of personnel. Former members who have any ques- 45.2 Records of enlistment of former service tions about their service or who need members. information regarding their service AUTHORITY: 14 U.S.C. 351, 371; Pub. L. 107– should contact the nearest Coast Guard 296, 116 Stat. 2135. Recruiting Office or Coast Guard Re-

SOURCE: CGD 82–087, 50 FR 13318, Apr. 4, cruiting Center, 4200 Wilson Boulevard, 1985, unless otherwise noted. Suite 450, Arlington, VA 20203. [CGD 82–087, 50 FR 13318, Apr. 4, 1985, as § 45.1 Enlistment of personnel. amended by CGD 96–026, 61 FR 33663, June 28, (a) The Coast Guard is a military 1996] service which operates within the De- partment of Homeland Security. All personnel enlisted in the Coast Guard

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PART 49—PAYMENT OF AMOUNTS fairs shall be submitted to the Com- DUE MENTALLY INCOMPETENT mandant of the Coast Guard: (a) By any person or persons who be- COAST GUARD PERSONNEL lieve, because of relationship, they should be appointed to receive pay- Subpart 49.01—General Provisions ments on behalf of the alleged incom- Sec. petent; 49.01–1 Applicability. (b) By the Commanding Officer of the 49.01–5 Requests for appointment of trustee. alleged incompetent if the latter is on 49.01–10 Determination of incompetency. active duty; (c) By the Commanding Officer of Subpart 49.05—Trustee any Armed Forces hospital in which 49.05–1 Appointment of trustee. the mentally incompetent is under- 49.05–5 Bonding of trustee. going treatment; 49.05–10 Affidavits required. (d) By the head of any veterans’ hospital, or other public or private institu- Subpart 49.10—Reports and Moneys tion in which the alleged incompetent is undergoing treatment; 49.10–1 Reports required. 49.10–5 Payment of moneys due. (e) By any other person or organiza- 49.10–10 Cessation of payments. tion acting for and in the best interests 49.10–15 Final accounting by trustee. of the alleged mentally incompetent.

Subpart 49.15—Additional instructions § 49.01–10 Determination of incompetency. 49.15–1 Implementing instructions. After examining the legitimacy, sub- AUTHORITY: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; stance, and sufficiency of the applica- 37 U.S.C. 351, 352, 353, 354. tion, the Commandant shall either (a) SOURCE: CGFR 51–48, 16 FR 10636, Oct. 18, direct the Commanding Officer of the 1951, unless otherwise noted. alleged mentally incompetent, (b) the Commanding Officer of the Coast Subpart 49.01—General Provisions Guard unit to which such incompetent may be conveniently referred, or (c) re- § 49.01–1 Applicability. quest the Surgeon General of the Pub- The Commandant of the Coast Guard lic Health Service to convene or ap- is hereby designated and is authorized point, at the Public Health Hospital or to appoint, in his discretion, the person facility, where the alleged incompetent or persons who may receive active-duty is receiving treatment or to which his pay and allowances, amounts due for case may be conveniently referred, a accumulated or accrued leave, or any board of not less than three qualified retired or retainer pay, otherwise pay- medical officers, one of whom shall be able to personnel on the active or re- specially qualified in the treatment of tired list of the Coast Guard and Coast mental disorders, to determine whether Guard Reserve, entitled to Federal pay the alleged incompetent is capable of either on the active or any retired list managing his own affairs. The record of of said service, who, in the opinion of proceedings, and the findings of the competent medical authority, have board shall, after action by the Con- been determined to be mentally in- vening or Appointive Authority there- capable of managing their own affairs, on, be forwarded to the Commandant. and for whom no legal committee, guardian, or other representative has Subpart 49.05—Trustee been appointed by a court of competent jurisdiction. § 49.05–1 Appointment of trustee. Upon receipt of a finding by a board § 49.01–5 Requests for appointment of convened or appointed in accordance trustee. with § 49.01–10, that the alleged incom- Requests for the appointment of a petent is mentally incapable of man- person or persons to receive moneys aging his own affairs, the Commandant due personnel believed to be mentally may appoint a suitable person or per- incapable of managing their own af- sons, not under legal disability so to

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act, as trustee or trustees to receive in that the surety bond required by behalf of the incompetent all amounts § 49.05–5 has been renewed. When the due the incompetent from such sources trustee is the spouse or adult depend- set forth in § 49.01–1, and to use said ent of the incompetent, receipts or funds in the best interests of the in- vouchers need not be filed for expendi- competent. tures made for living expenses. If the trustee or trustees fail to report § 49.05–5 Bonding of trustee. promptly and properly at the end of The trustee or trustees appointed to any annual period or at such other receive moneys in behalf of incom- times as the Commandant desires, the petent personnel shall furnish a bond Commandant may, in his discretion, in all cases when the amounts to be re- cause payment to such trustee or ceived may be expected to exceed trustees to cease, and may, if deemed $1,000, and in such other cases when advisable, appoint another person or deemed appropriate by the Com- persons not under legal disability so to mandant. The bond so required and fur- act, to receive future payments of mon- nished shall have as surety a company eys due the incompetent for the use approved by the Federal Government, and benefit of the incompetent. and shall be in such amount as is required by the Commandant. Such § 49.10–5 Payment of moneys due. bonds shall be continued in effect for Upon the appointment of a trustee or the life of trusteeship and expenses in trustees to receive moneys due an in- connection with the furnishing and re- competent, the authorized certifying newal of such bonds may be paid out of officer having custody of that person’s sums due the incompetent. pay record shall be advised. After such notification, payments of moneys due § 49.05–10 Affidavits required. the incompetent may be made by the The trustee or trustees appointed to appropriate officer in accordance with receive moneys due incompetent per- procedure prescribed by the Com- sonnel shall, prior to the payment of mandant. All such payments so made, any such moneys, execute and file with however, shall be made to the des- the Commandant an affidavit or affida- ignated trustee or trustees. vits saying and deposing that any moneys henceforth received by virtue of § 49.10–10 Cessation of payments. such appointment shall be applied sole- (a) Payments of amounts due incom- ly to the use and benefit of the incompetent personnel shall cease to be paid petent and that no fee, commission, or to the trustee or trustees upon receipt charge shall be demanded, or in any of notification by the authorized certi- manner accepted, for any service or fying officer of the occurrence of any of services rendered in connection with the following: such appointment as trustee or trust- (1) Death of the incompetent; ees. (2) Death or disability of the trustee or trustees appointed; Subpart 49.10—Reports and (3) Receipt of notice that a com- Moneys mittee, guardian, or other legal representative has been appointed for the § 49.10–1 Reports required. incompetent by a court of competent The trustee or trustees so appointed jurisdiction; shall submit reports annually, or at (4) Failure of the trustee or trustees such other times as the Commandant to render the reports required by may designate. The report shall show a § 49.10–1; statement of the conditions of the (5) That there is probable cause to be- trust account at the time of the sub- lieve that moneys received on behalf of mission of the report, including all the incompetent have been, or are funds received on behalf of the incom- being, improperly used; petent; all expenditures made in behalf (6) A finding by a board of medical of- of the incompetent, accompanied by re- ficers that the heretofore incompetent ceipts or vouchers covering such ex- is mentally capable of managing his penditures; and a receipt indicating own affairs;

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(7) That the Commandant deems it to (b) It will be the duty of the Board to be in the best interest of the incom- review, at the request of any Coast petent. Guard officer retired or released to in- (b) In the event of termination of active service, without pay, for phys- payments under paragraphs (a)(2), (4), ical disability, pursuant to the decision (5), or (7) of this section, the Com- of a retiring board, the findings and de- mandant may, if deemed appropriate, cision of the retiring board. The term appoint a successor trustee or trustees. ‘‘retired or released to inactive serv- The successor trustee or trustees, so ice’’ includes every kind of separation appointed, shall comply with the provi- from the service. sions of the regulations and instruc- (c) After reviewing the findings and tions in this part issued thereunder, decision of a retiring board the Board and do all acts in the manner required will affirm or reverse, in whole or in of the original trustee or trustees. part, the findings and decision of the retiring board. § 49.10–15 Final accounting by trustee. (d) In carrying out its duties the The trustee or trustees, when pay- Board shall have the same powers as ments, hereunder are terminated, shall exercised by, or vested in, the retiring file a final account with the said Com- board whose findings and decision are mandant. Thereupon, the trustee or being reviewed. trustees will be discharged and the surety released. In event of death or dis- [10 FR 5650, May 17, 1945] ability of the trustee, the final accounting will be filed by his legal rep- § 50.2 Composition of Board. resentative. (a) The Board will be composed of five commissioned officers designated Subpart 49.15—Additional for each case from a panel appointed by Instructions the Commandant. The senior Coast Guard members of the panel will des- § 49.15–1 Implementing instructions. ignate the members of the Board for The Commandant is hereby author- each case, three of whom shall be offi- ized to issue such instructions not in cers of the Coast Guard and two of conflict with the regulations in this whom shall be officers of the Public part as may be necessary from time to Health Service. time to give full force and effect there- (b) The senior Coast Guard member to. of the Board will be President and the junior Coast Guard member will be Re- PART 50—COAST GUARD RETIRING corder. (c) The Board will convene at the REVIEW BOARD time and place designated by the Presi- dent for each case, and will recess and Sec. adjourn at his order. 50.1 Establishment and duties of Board. 50.2 Composition of Board. [10 FR 5650, May 17, 1945. Redesignated at 13 50.3 Request for review. FR 7303, Nov. 30, 1948, as amended by CGFR 50.4 Presentation of case. 53–12, 18 FR 2953, May 22, 1953] 50.5 Action by the Board. 50.6 Notification of final action. § 50.3 Request for review. AUTHORITY: Sec. 8, 18 Stat. 127, as amended, (a) Any officer of the Coast Guard sec. 302, 58 Stat. 287, as amended; 14 U.S.C. 92, who is retired or released to inactive 38 U.S.C. 693i. NOTE: For the text of waivers of navigation service, without pay, for a physical dis- and vessel inspection laws and regulations, ability, pursuant to the decision of a see Part 19 of this chapter. Coast Guard retiring board, may request a review of the findings and deci- § 50.1 Establishment and duties of sion of the retiring board. Board. (b) An application requesting a re- (a) A Retiring Review Board, referred view must be in writing and shall be to in this part as the Board, is hereby addressed to the Retiring Review established in the Coast Guard. Board, Coast Guard Headquarters,

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Washington D.C. 20226. Forms for appli- judgment of the Board, in order to in- cation for review will be provided upon sure a thorough, complete and equi- request. table hearing. (c) An application requesting a re- (e) The case of any applicant who view shall contain: fails to appear, either in person or by (1) The full name of the applicant; counsel, after being duly notified of the (2) The mailing address of the appli- time and place of the hearing will be cant; decided upon the written application (3) A brief statement setting out the and such other evidence as is available basis of the request for review, showing to the Board. in general the nature of error or in- (f) As far as practicable the hearings equity believed to have occurred in the of the Board will be conducted in ac- findings and decision of the retiring cordance with the pertinent instruc- board; tions contained in Coast Guard Boards, (4) The corrective action requested; 1935, as amended, except that: (5) Whether the applicant desires to (1) Physical examination of the appli- appear before the Board in person; cant is not mandatory, but the Board (6) Whether the applicant will be rep- may request that he submit to physical resented by counsel, and if so, the examination by physicians of the name and address of counsel. Board’s choice in any case in which it (d) No request for review shall be appears to the satisfaction of the Board valid, and the Board will not consider to be essential; an application, unless filed within fif- (2) The medical members of the teen years after the date of retirement Board will not submit a report and will for disability, or after the effective not be subject to examination. date of the act of June 22, 1944, which- (g) Evidence may be submitted to the ever is the later. Board by oral testimony under oath, or [10 FR 5650, May 17, 1945. Redesignated at 13 in the form of depositions or affidavits. FR 7303, Nov. 30, 1948] Witnesses appearing before the Board will be subject to examination or cross- § 50.4 Presentation of case. examination, as the case may be, by (a) The applicant may present his members of the Board and the appli- case: cant or his counsel. (1) Solely by written application, or (h) The Board will consider all avail- by written application together with able service records and all matter ad- any additional written evidence or ar- duced by the applicant that bears upon gument that he may desire to submit; the merits of the case. It will not be re- (2) At a hearing before the Board. stricted by the rules of evidence. (b) The case of an applicant may be (i) Classified matter of the Coast presented by his counsel. The term Guard will not be made available to an ‘‘counsel’’ includes members of the bar applicant or his counsel. The Board in good standing, accredited represent- will, when it deems it necessary in the atives of veterans’ organizations recog- interest of justice and compatible with nized by the Veterans’ Administration the public interest, make available a under section 200 of the act of June 29, summary of relevant classified matter. 1936 (49 Stat. 2031, 38 U. S. C. 101), and (j) The Government will not assume any other person approved by the or pay any expenses incurred by an ap- Board. plicant, or by his witnesses or counsel. (c) If an applicant signifies a desire to present his case at a hearing, the [10 FR 5650, May 17, 1945. Redesignated at 13 Board will give him written notice of FR 7303, Nov. 30, 1948] the place of his hearing, and of the time, which shall be at least thirty § 50.5 Action by the Board. days after the time of mailing the no- (a) After a complete and thorough re- tice. view of the evidence before it the Board (d) The Board may, upon its own mo- will, in closed session, deliberate and tion or at the request of the applicant make its decision affirming or revers- or his counsel, grant a continuance ing the findings and decision of the re- whenever it appears necessary, in the tiring board being reviewed.

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(b) If the Board reverses the findings 51.9 Discharge review procedures. of the retiring board being reviewed, it 51.10 Decisions. will make complete findings, including: 51.11 Records. (1) Whether the applicant was inca- AUTHORITY: 10 U.S.C. 1553; Pub. L. 107–296, pacitated for active service; 116 Stat. 2135. (2) If so, the disability causing the incapacity; SOURCE: CGD 81–104, 50 FR 41495, Oct. 11, (3) Whether the incapacity is perma- 1985, unless otherwise noted. nent; § 51.1 Basis and purpose. (4) Whether the incapacity was the result of an incident of service or in- This part establishes the procedures curred in the line of duty; for review of administrative discharges (5) Whether the incapacity was the from the Coast Guard by a Discharge result of the applicant’s own vicious Review Board (DRB) or by the Sec- habits; retary of the Department, and for the (6) In the case of Reserve officers and compilation of the record of the DRB officers who have served under tem- determination, made available for pub- porary appointments, when the phys- lic inspection, copying and distribution ical disability was incurred. through the Armed Forces Discharge (c) The findings and decision of a ma- Review/Correction Board Reading jority of the Board will constitute the Room. findings and decision of the Board Members who do not concur with the § 51.2 Authority. majority may file a minority report. (a) The Secretary of Homeland Secu- (d) When the Board has concluded its proceedings in any case the Recorder rity has the authority to establish a will prepare a complete record thereof Discharge Review Board (DRB) to re- including (1) the application for review view the discharge of a former member (2) a transcript of the hearing, if any of the United States Coast Guard under (3) affidavits, briefs, and written agree- the provisions of 10 U.S.C. 1553. This ments filed in the case, (4) the findings part prescribes the establishment and and decision of the Board, and (5) all outlines the procedures of the Coast other papers and documents necessary Guard Discharge Review Board. The to reflect a true and complete record of Secretary retains the authority to re- the proceedings. This complete record view and take final action on the will be transmitted to the Com- DRB’s findings in the following cases: mandant for appropriate action. (1) Those cases in which a minority [10 FR 5650, May 17, 1945. Redesignated at 13 of the board requests that their written FR 7303, Nov. 30, 1948, and amended at CGFR opinion be forwarded to the Secretary 53–12, 18 FR 2953, May 22, 1953] for consideration; (2) Those cases selected by the Com- § 50.6 Notification of final action. mandant to inform the Secretary of as- The officer requesting the interview pects of the board’s functions which will be notified by letter of the final may be of interest to the Secretary; action taken in the case. (3) Any case in which the Secretary [CGFR 48–73, 13 FR 9333, Dec. 31, 1948] demonstrates an interest; (4) Any case which the President of PART 51—COAST GUARD the board believes is of significant in- DISCHARGE REVIEW BOARD terest to the Secretary. (b) The Commandant of the Coast Sec. Guard is delegated the authority to: 51.1 Basis and purpose. (1) Appoint members to serve on the 51.2 Authority. Discharge Review Board; 51.3 Applicability and scope. (2) Appoint alternates to serve on the 51.4 Definitions. DRB in the event that a regularly ap- 51.5 Objective of review. 51.6 Propriety standard of review. pointed member is unavailable; 51.7 Equity standard of review. (3) Designate a member as the Presi- 51.8 Relevant considerations. dent of the DRB; and

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(4) Review and take final action on missals and ‘‘dropping from the rolls’’. all DRB decisions which are not re- This term also includes the assignment viewed by the Secretary. of a separation program designator, [CGD 81–104, 50 FR 41495, Oct. 11, 1985, as separation authority, the stated reason amended by CGD 97–023, 62 FR 33362, June 19, for the discharge, and the characteriza- 1997; USCG–2003–14505, 68 FR 9535, Feb. 28, tion of service. 2003] Discharge Review. The process by which the reason for separation, the § 51.3 Applicability and scope. procedures followed in accomplishing The provisions of this part apply to separation, and the characterization of the United States Coast Guard includ- service are evaluated. This includes de- ing reserve-components and all former terminations made under the provi- members who have been discharged sions of 38 U.S.C. 3103(e)(2). within 15 years of the date upon which Discharge Review Board. A board con- application for review is received by sisting of five members of the U.S. the DRB. A former member may apply Coast Guard, appointed by the Com- to the DRB for a change in the char- mandant of the Coast Guard and vested acter of, and/or the reason for, the dis- with the authority to review the discharge. The Coast Guard DRB review is charge of a former member. The board generally applicable only to adminis- is empowered to change a discharge or trative discharges, however, the DRB issue a new discharge to reflect its may review the discharge of a former findings, subject to review by the Com- member by sentence of a court-martial mandant or the Secretary. for the purpose of clemency. A petition Hearing. A proceeding which, upon re- for clemency will not be considered by quest of the applicant, is utilized in the the DRB unless the applicant has ex- discharge review process enabling the hausted all appellate remedies. Upon a applicant and/or the applicant’s rep- petition for clemency, the DRB shall resentative to appear before the DRB consider only the equity of the dis- and present evidence. charge awarded. President. An officer of the United § 51.4 Definitions. States Coast Guard appointed by the Commandant as President to preside Applicant. A former member of the over the DRB. The President will con- Coast Guard who has been discharged vene the board and may also serve as a from the service but excluding those member. If the President does not discharged by sentence of a court-mar- serve as a member of the DRB, the tial, except as provided in § 51.3. If the President shall designate a presiding former member is deceased or incom- officer for the board to serve as Presi- petent, the term ‘‘applicant’’ includes dent. the surviving spouse, next-of-kin, or legal representative who is acting on [CGD 81–104, 50 FR 41495, Oct. 11, 1985, as behalf of the former member. amended by CGD 96–026, 61 FR 33663, June 28, Counsel. An individual or agency des- 1996] ignated by the applicant who agrees to represent the applicant in a case before § 51.5 Objective of review. the DRB. It includes, but is not limited The objective of the discharge review to: A lawyer who is a member of the is to examine the propriety and equity bar of a federal court or of the highest of the applicant’s discharge and to ef- court of a state; an accredited rep- fect changes if necessary. The DRB will resentative designated by an organiza- utilize its discretion to reach a fair and tion recognized by the Administrator just resolution of the applicant’s claim. of Veterans Affairs; a representative The standards of review and the under- from a state agency concerned with lying factors which aid in determining veterans affairs; or a representative whether the standards are met shall be from private organizations or local historically consistent with criteria for government agencies. determining honorable service. No fac- Discharge. Any formal separation of a tors shall be established which require member from the Coast Guard which is automatic change, or denial of change, not termed ‘‘honorable’’, including dis- in a discharge.

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§ 51.6 Propriety standard of review. tled at the time the original discharge was issued. A discharge is deemed to be proper except that: § 51.8 Relevant considerations. (a) A discharge may be improper if an In determining the equity and pro- error of fact, law, procedure, or discre- priety of a former member’s discharge, tion was associated with the discharge the DRB shall consider all relevant evi- at the time of issuance which preju- dence presented by the applicant. The diced the rights of the applicant. DRB review will include, but is not (b) A discharge may be improper if limited to, consideration of the fol- there has been a change in policy by lowing factors: the Coast Guard made expressly retro- (a) The quality of the applicant’s active to the type of discharge under service. In determining the quality of consideration. the applicant’s service, the DRB may consider the applicant’s dates and peri- § 51.7 Equity standard of review. ods of service; rate or rank achieved; (a) A discharge is presumed to be eq- marks and evaluations received; uitable and will not be changed under awards, decorations and letters of com- this section unless the applicant sub- mendation; acts of merit; combat serv- mits evidence sufficient to establish, to ice and wounds received; promotions the satisfaction of the DRB that: and demotions; prior military service (1) The policies and procedures under and type of discharge; records of unau- which the applicant was discharged dif- thorized absence; records of non-judi- fer in material respects from policies cial punishment; convictions by court- and procedures currently applicable on martial; records of conviction by civil a service-wide basis to discharges of authorities while a member of the that type, provided that current poli- Coast Guard; and any other relevant cies or procedures represent a substan- information respecting the applicant tial enhancement of the rights afforded which is brought to the board’s atten- a party in such proceedings, and there tion. is substantial doubt that the applicant (b) The applicant’s capability to would have received the same dis- serve. In determining the applicant’s charge if relevant current policies and capability to serve, the DRB considers procedures had been available to the such factors as the applicant’s age and applicant at the time of the discharge education; qualification for reenlist- proceedings under consideration; or ment; capability to adjust to military (2) At the time of issuance, the dis- service; and family or personal prob- charge was inconsistent with standards lems. of discipline in the Coast Guard; or (c) Any evidence of arbitrary, capri- (3) The applicant’s military record cious or discriminatory actions by in- and other evidence presented to the dividuals in authority over the appli- DRB, viewed in conjunction with the cant. factors listed in § 51.8 and the regula- (d) Any other information respecting tions under which the applicant was the applicant considered by the DRB to discharged, do not fairly justify the be relevant and material to the review type of discharge received. of the applicant’s discharge. (b) If the applicant was discharged with a characterized discharge before § 51.9 Discharge review procedures. June 15, 1983, a change from the char- (a) Preliminary. Prior to a review, ap- acterized discharge to an plicants or their representatives may uncharacterized discharge will not be obtain copies of military records by considered under the provisions of submitting a Standard Form 180, Re- (a)(1) of this section unless specifically quest Pertaining to Military Records, requested by the applicant. A deter- to the National Personnel Records Cen- mination that a discharge is inequi- ter (NPRC), 9799 Page Boulevard, St. table according to the provisions of Louis, MO. 72132. The request to the (a)(2) or (a)(3) of this section shall enti- NPRC should be submitted prior to tle the applicant to a discharge of a submitting the application for review, type to which the applicant was enti- so that relevant information from the

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record can be included with the appli- (d) Withdrawal of application. An ap- cation. plicant may withdraw an application (b) Initiation of review. Review may be without prejudice at any time before initiated by an applicant or by the the scheduled review. An application DRB. The applicant may apply for DRB which is withdrawn will not stay the review of discharge by submitting DD running of the 15 year statutory limi- Form 293, Application for Review of tation imposed on the authority of the Discharge or Separation from the DRB to review the discharge. Armed Forces of the United States, (e) The DRB will consider the records along with any other statements, affi- and other data submitted by the appli- davits or documentation desired by the cant. The DRB may consider other pro- applicant. The application must be re- bative evidence provided that all mate- ceived by the DRB within fifteen (15) rials relied on by the DRB, except clas- years of the date of the discharge. The sified documents, are made available to application form can be obtained, the applicant and applicant’s rep- along with explanatory matter, from resentative prior to the hearing date Commandant, (CG–12), 2100 2nd St., (or review date if no hearing is re- SW., Stop 7801, Washington, DC 20593– quested). The DRB shall not consider a 7801, any regional VA office, or by writ- classified document in the review of a ing to the Armed Forces Review/Cor- discharge unless a summary of, or ex- rection Board Reading Room, Pentagon Concourse, Washington, DC 20310. tract from, the document (deleting all reference to sources of information and (c) Notice. (1) The DRB will provide other matters, the disclosure of which notification advising the former member of— would, in the opinion of the classifying authority, be detrimental to the secu- (i) Receipt of the applicant’s request; rity interests of the United States) is (ii) The right to appear before the made available to the applicant. board in person or by counsel; and (f) Postponement of review or hearing. (iii) The date of review. At any time before the date of sched- If the former member is deceased, writ- uled review or hearing, an applicant ten notice of DRB review will be sent may be granted a continuance, pro- to the surviving spouse, next of kin or vided the applicant or the applicant’s legal representative of the former counsel makes a written request for ad- member. If the review is initiated by ditional time to the DRB which shows the DRB, notification will be sent to good cause to justify the postpone- the last known address of the former ment. member. (g) Hearing procedures. The following (2) Prior to the initiation of the deci- procedures apply to DRB hearings: sion process, the DRB will notify the former member of the date by which (1) DRB hearings are not public. requests to examine the documents to Presence at hearings is limited to per- be considered by the board must be re- sons authorized by the Commandant or ceived. This notice will also state the expressly requested by the applicant, date by which a request for a hearing subject to reasonable limitations based must be made and the deadline for fil- upon available space. ing responses to the board. (2) The Federal Rules of Evidence are (3) An applicant who requests a hear- not applicable to DRB proceedings. The ing will be notified of the time and presiding officer rules on matters of place of the hearing. All expenses in- procedure and ensures that reasonable curred by the applicant in DRB pro- bounds of relevancy and materiality ceedings and hearings are the sole re- are adhered to in the taking of evi- sponsibility of the applicant and are dence. not obligations of the U.S. Coast Guard (3) An applicant is permitted to make or the Department of Transportation. a sworn or unsworn statement. Witness If the applicant fails to appear, except testimony will only be taken under as provided in § 51.9(f), the DRB will re- oath or affirmation. An applicant or view the discharge and reach a decision witness who makes a statement may be based upon the evidence of record. questioned by the DRB.

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(4) An applicant may make oral or § 51.11 Records. written argument personally or (a) The record of the discharge review through his or her representative. will include— (h) Reconsideration. The decision of the DRB may not be reconsidered un- (1) The application for review; less— (2) A summarized record of the testi- (1) The only previous consideration of mony and a summary of evidence con- the case was on the motion of the DRB; sidered by the DRB other than infor- (2) Changes in discharge policy occur; mation contained in the service or records; (3) New, substantial, relevant evi- (3) Briefs or written arguments sub- dence, not available to the applicant at mitted by or on behalf of the applicant; the time of the original review, is sub- (4) The decision of the DRB; mitted to the DRB. (5) Advisory opinions relief upon for the final action; and [CGD 81–104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96–026, 61 FR 33663, June 28, (6) The final action on the DRB deci- 1996; USCG–2010–0351, 75 FR 36281, June 25, sion by the Commandant or Secretary. 2010] (b) The record of the discharge review is incorporated into the service record § 51.10 Decisions. of the applicant. (a) The DRB will make written find- (c) A copy of the decision of the DRB ings and conclusions with respect to all and the final action thereon is made disputed facts and issues. The decision available for public inspection and of the DRB is governed by the vote of copying promptly after a notice of the a majority of the board. final decision is sent to the applicant. (b) A decision document is prepared However, to the extent required for the for each review conducted by the DRB. protection of privacy rights, identi- This document contains— fying details of the applicant and other (1) The date, character of, and reason persons are deleted from the public for the discharge including the specific record. authority under which the discharge (1) DRB documents made available was issued; for public inspection and copying are (2) The specific change(s) requested located in the Armed Forces Discharge by the applicant; Review/Correction Board Reading (3) A list of the issues raised by the applicant; Room. The documents are indexed so (4) The circumstances and character as to enable the public to determine of the applicant’s service, as extracted why relief was granted or denied. The from the service record, health record index includes the case number, the and other evidence presented to the date, character of, reason for, and au- DRB; thority for the discharge and is main- (5) References to documentary evi- tained at Coast Guard Headquarters dence, testimony or other material re- and the Armed Forces Reading Room. lied on by the DRB in support of its de- The Armed Forces Discharge Review/ cision; Correction Board Reading Room pub- (6) A statement of the DRB’s findings lishes indexes quarterly for all boards. with respect to each issue raised by the (2) Correspondence relating to mat- applicant; ters under the cognizance of the Read- (7) A summary of the rationale and a ing Room (including requests for pur- statement of the DRB’s conclusions as chase of indexes) should be addressed to whether any change, correction or to: Armed Forces Discharge Review/ modification should be made in the Correction Board Reading Room, The type or character of the discharge or Pentagon Concourse, Washington, DC the reason and authority for the dis- 20310. charge; and (8) A statement of the particular changes, correction, or modification made by the DRB.

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PART 52—BOARD FOR CORREC- Subpart H—Payment of Claims and TION OF MILITARY RECORDS OF Implementation of Orders THE COAST GUARD 52.71 Authority to pay. 52.72 Implementation of orders. Subpart A—Purpose and Authority 52.73 Interpretation. 52.74 Report of settlement. Sec. 52.1 Purpose. 52.2 Authority. Subpart I—Public Access to Decisions 52.81 Reading room and index. Subpart B—Establishment, Function, and Jurisdiction of Board AUTHORITY: 10 U.S.C. 1552; 14 U.S.C. 425. 52.11 Establishment and composition. SOURCE: OST Doc. No. 2002–13439, 68 FR 52.12 Function. 9886, Mar. 3, 2003, unless otherwise noted. 52.13 Jurisdiction. Subpart A—Purpose and Authority Subpart C—General Provisions Regarding Applications § 52.1 Purpose. 52.21 General requirements. This part establishes the procedure 52.22 Time limit for filing application. for application for correction of mili- 52.23 Counsel. tary records of the Coast Guard, for 52.24 Evidence and burden of proof. 52.25 Access to official records. consideration of applications by the 52.26 Right to timely decision; effect of re- Department of Homeland Security quests for extensions, changes in re- Board for Correction of Military quests for relief, and late submissions of Records of the Coast Guard (herein- evidence. after ‘‘the Board’’), and for settling 52.27 Withdrawal of application. claims or determining monetary bene- 52.28 Stay of proceedings. fits. Subpart D—Consideration of Application [OST Doc. No. 2002–13439, 68 FR 9886, Mar. 3, and Administrative Closure 2003, as amended by USCG–2003–15404, 68 FR 52.31 Consideration of application. 37740, June 25, 2003] 52.32 Administrative closure. § 52.2 Authority. Subpart E—Submissions by the Coast (a) The Secretary of Homeland Secu- Guard and Other Offices rity, acting through boards of civilians, 52.41 Assistance. is authorized to correct any military 52.42 Views of the Coast Guard. record of the Coast Guard when the 52.43 Requests for further information; sub- Secretary considers it necessary to cor- missions of classified, privileged, and rect an error or remove an injustice. 10 sensitive information. U.S.C. 1552. The Secretary shall ensure Subpart F—Hearings that final action on a complete application for correction is taken within 10 52.51 General provision. months of its receipt. 52.52 Notice of hearing. 52.53 Witnesses. (14 U.S.C. 425) 52.54 Expenses. (b) Corrections made under this au- 52.55 Nonappearance. thority are final and conclusive on all 52.56 Conduct of hearing. officers of the Government except when 52.57 Record of hearing. procured by fraud. 10 U.S.C. 1552(a)(4). Subpart G—Judgment and Disposition [OST Doc. No. 2002–13439, 68 FR 9886, Mar. 3, 2003, as amended by USCG–2003–15404, 68 FR 52.61 Deliberations and decision. 52.62 Minority report. 37740, June 25, 2003] 52.63 Record of proceedings. 52.64 Final action. 52.65 Orders. 52.66 Notification. 52.67 Reconsideration.

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Subpart B—Establishment, exhausted all effective administrative Function, and Jurisdiction of Board remedies afforded under existing law or regulations, and such legal remedies as § 52.11 Establishment and composi- the Board may determine are practical, tion. appropriate, and available to the appli- (a) Pursuant to 10 U.S.C. 1552, the cant. Board for Correction of Military Records of the Coast Guard is estab- Subpart C—General Provisions lished in the Office of the Secretary of Regarding Applications Homeland Security. (b) The Secretary appoints a panel of § 52.21 General requirements. civilian officers or employees of the (a) An application for correction of a Department of Homeland Security to Coast Guard record shall be submitted serve as members of the Board, and on DD Form 149 (Application for Cor- designates one such member to serve as rection of Military or Naval Record) or Chair of the Board. The Chair des- an exact copy thereof, and shall be ad- ignates members from this panel to dressed to: Chair, Board for Correction serve as the Board for each case requir- of Military Records of the Coast Guard ing consideration by a Board. The (C–60), United States Department of Board consists of three members, and Transportation, Washington, DC 20590. two members present constitute a Forms and explanatory material may quorum of the Board. be obtained from the Chair of the (c) The Deputy Chair of the Board ex- Board. ercises the functions prescribed by (b) The application shall be signed by these regulations and such other duties the person alleging error or injustice in as may be assigned by the Chair. his or her military record, except that an application may be signed by a fam- [OST Doc. No. 2002–13439, 68 FR 9886, Mar. 3, ily member or legal representative 2003, as amended by USCG–2003–15404, 68 FR with respect to the record of a de- 37740, June 25, 2003] ceased, incapacitated, or missing per- § 52.12 Function. son. The family member or legal representative must submit proof of his or The function of the Board is to con- her proper interest with the applica- sider all applications properly before tion. it, together with all pertinent military (c) No application shall be docketed records and any submission received or processed until it is complete. An from the Coast Guard or other Govern- application for relief is complete when ment office under subpart E, to deter- all of the following have been received mine: by the Board: (a) Whether an error has been made (1) A signed DD Form 149, providing in the applicant’s Coast Guard military all necessary responses, including a record, whether the applicant has suf- specific allegation of error or injustice, fered an error or injustice as the result accompanied by substantial evidence of an omission or commission in his or or information in support of such alle- her record, or whether the applicant gation; has suffered some manifest injustice in (2) The military records of the appli- the treatment accorded him or her; and cant; and (b) Whether the Board finds it nec- (3) Any applicable military and De- essary to change a military record to partment of Veterans Affairs medical correct an error or remove an injustice. records. (d) It is the applicant’s responsibility § 52.13 Jurisdiction. to include his or her correct mailing (a) The Board has jurisdiction to re- address on the DD Form 149 and to in- view and determine all matters prop- form the Chair in writing of any subse- erly brought before it, consistent with quent change of address until the existing law and such directives as may Board or the Secretary takes final ac- be issued by the Secretary. tion on the application. (b) No application shall be considered (e) Briefs in support of applications by the Board until the applicant has must be assembled in a manner that

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permits easy reproduction and may not § 52.21(c)(1). Evidence submitted by an exceed twenty-five double-spaced type- applicant after an application has been written pages in a type size with no filed and docketed shall be considered more than twelve characters per inch. late and its acceptance is subject to This limitation does not apply to sup- the provisions in § 52.26(a)(4) and (c). porting documentary evidence. In com- (b) The Board begins its consider- plex cases, the Chair may waive this ation of each case presuming adminis- limitation. trative regularity on the part of Coast Guard and other Government officials. § 52.22 Time limit for filing applica- The applicant has the burden of prov- tion. ing the existence of an error or injus- An application for correction of a tice by the preponderance of the evi- record must be filed within three years dence. after the applicant discovered or reasonably should have discovered the al- § 52.25 Access to official records. leged error or injustice. If an applica- The applicant shall have such access tion is untimely, the applicant shall to official records or to any informa- set forth reasons in the application tion pertaining to the applicant which why it is in the interest of justice for is in the custody of the Coast Guard as the Board to consider the application. is provided in 49 CFR parts 7 and 10. An untimely application shall be denied unless the Board finds that suffi- § 52.26 Right to timely decision; effect cient evidence has been presented to of requests for extensions, changes warrant a finding that it would be in in requests for relief, and late sub- the interest of justice to excuse the missions of evidence. failure to file timely. (a) Each applicant has a right to have final action taken on his or her appli- § 52.23 Counsel. cation within 10 months after all the (a) Applicants may be represented by elements of a complete application, as counsel at their own expense. Appli- defined in § 52.21(c), have been received cants whose cases are processed under by the Board, unless the applicant: the Whistleblower Protection Act and (1) Submits a written request, which who are granted a hearing by the Board is granted by the Chair, for an exten- may be entitled to representation by a sion of a specific duration to seek Coast Guard law specialist. 10 U.S.C. counsel or additional evidence; 1034(f)(3)(A). (2) Submits a written request, which (b) As used in this part, the term is granted by the Chair, for an exten- ‘‘counsel’’ includes attorneys who are sion of the time provided for respond- members in good standing of any bar; ing to the views of the Coast Guard in accredited representatives of veterans’ accordance with § 52.42(d); organizations recognized by the Sec- (3) Submits a signed statement that retary of Veterans Affairs pursuant to is determined by the Chair to signifi- 38 U.S.C. 5902; and other persons who, cantly amend the applicant’s request in the opinion of the Chair, are com- for relief after the application has been petent to represent the applicant for docketed; correction. Whenever the term ‘‘appli- (4) Submits significant new evidence, cant’’ is used in these rules, except in as determined by the Chair, after the § 52.21(c), the term shall mean an appli- application has been docketed; or cant or his or her counsel. (5) Is found by the Chair to have unreasonably delayed responding to a re- § 52.24 Evidence and burden of proof. quest for further information or evi- (a) It is the responsibility of the ap- dence. plicant to procure and submit with his (b) If the applicant requests an exten- or her application such evidence, in- sion in accordance with paragraphs cluding official records, as the appli- (a)(1) or (a)(2) of this section or unrea- cant desires to present in support of his sonably delays responding to a request or her case. All such evidence should be for further information or evidence in submitted with the applicant’s DD accordance with paragraph (a)(5) of Form 149 in accordance with this section, he or she shall have a

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right to have final action taken on the (1) The application was erroneously application for correction within 10 docketed because the application did months of the application’s completion not meet the criteria under § 52.21; plus all periods of extension granted to (2) Effective relief cannot be granted the applicant by the Chair and all peri- by the Board; ods of unreasonable delay. (3) The Board does not have jurisdic- (c) If the applicant significantly tion to determine the issues presented amends his or her request for relief or or the applicant has not exhausted an submits significant new evidence after available administrative remedy, as re- the application has been docketed, in quired under § 52.13(b); or accordance with paragraphs (a)(3) or (4) The Coast Guard has granted ef- (a)(4) of this section, the application fective relief satisfactory to the appli- shall be considered newly complete as cant. of the date the amended request for re- (b) Administrative closure does not lief or new evidence is received, in constitute a denial of relief. Applicants which case the applicant shall have a who believe their cases should not have right to have final action taken on the been administratively closed by the application within 10 months of the Chair may resubmit their applications date the Board receives the amended with a request for further consider- request for relief or significant new ation and a statement explaining why evidence. the applicant believes his or her case should be docketed and considered by § 52.27 Withdrawal of application. the Board. A request for further consideration shall be regarded as a new ap- The Chair may, at his or her discre- plication for the purposes of §§ 52.21 and tion, permit the applicant to withdraw 52.26. his or her application at any time be- (c) If the Chair administratively fore final action is taken under § 52.64. closes a case, the applicant shall be ad- Any further consideration by the Board vised of the reason and of the right to of the issues raised in the withdrawn resubmit his or her application. application shall occur only upon the filing of a new application. Subpart E—Submissions by the § 52.28 Stay of proceedings. Coast Guard and Other Offices An application to the Board for cor- § 52.41 Assistance. rection of a military record does not operate as a stay of any proceeding or The Board may request such advice, administrative action taken with re- opinion, assistance, or use of the facili- spect to or affecting the applicant. ties of any other bureau, board, or office of the Department of Transpor- Subpart D—Consideration of Ap- tation as the Board deems necessary. plication and Administrative § 52.42 Views of the Coast Guard. Closure (a) The Board shall transmit to the Commandant of the Coast Guard or his § 52.31 Consideration of application. or her delegate a copy of each applica- Each application shall be reviewed by tion for relief submitted and docketed the Chair to determine whether it under subpart C of this part, together meets the requirements of § 52.21 before with any briefs, memoranda, and docu- it is docketed. The Chair shall decide mentary evidence submitted or ob- in appropriate cases whether to grant a tained in the case. hearing or to recommend disposition (b) The Commandant of the Coast on the merits without a hearing. Guard or his or her delegate may forward to the Board a written advisory § 52.32 Administrative closure. opinion presenting the views of the (a) The Chair may administratively Coast Guard on any case before the close a case after it has been docketed Board. and at any time prior to its consider- (c) An advisory opinion furnished by ation by the Board if the Chair deter- the Coast Guard under this section mines that: shall not be binding upon the Board,

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but shall be considered by the Board, by the Coast Guard or other Govern- along with all other information and ment office if he or she requested it material submitted in the particular under 49 CFR parts 7 and 10. The Board case, if it is received by the Board shall forward only this redacted copy within 135 days of the date the applica- to the applicant. tion is complete. The Chair may, in his or her discretion, grant the Coast Subpart F—Hearings Guard an extension of the time provided for submitting the advisory opin- § 52.51 General provision. ion. (d) The Board shall promptly send a In each case in which the Chair de- copy of each submission made by the termines that a hearing is warranted, Coast Guard under this section to the the applicant will be entitled to be applicant involved, subject to the limi- heard orally in person, by counsel, or tations in §§ 52.42(c) and 52.43(c). Each in person with counsel. applicant has 30 days, from the date the Board sends the submission, to sub- § 52.52 Notice of hearing. mit to the Board a written rebuttal or (a) If the Chair determines that a response to the Coast Guard’s advisory hearing is warranted, the Chair shall opinion or a written request for an ex- notify the applicant that a hearing has tension of the time to respond, subject been granted. to the provisions in § 52.26. (b) The date of hearing shall be not (e) Advisory opinions submitted by less than 21 days from the date of this the Coast Guard and briefs submitted notification. Written notice stating the by applicants in response to the advi- date, time, and place of the hearing sory opinions of the Coast Guard must shall be given to the applicant and the be assembled in a manner that permits Coast Guard. easy reproduction and may not exceed fifteen double-spaced typewritten § 52.53 Witnesses. pages in a type size with no more than (a) In any case in which the Chair has twelve characters per inch. This limi- granted a hearing, the applicant shall tation does not apply to supporting have the right to present witnesses. documentary evidence. In complex (b) It is the responsibility of the ap- cases, the Chair may waive this limita- plicant to notify his or her witnesses tion. and to ensure their appearance at the date, time, and place set for the hear- § 52.43 Requests for further information; submissions of classified, priv- ing. ileged, and sensitive information. § 52.54 Expenses. (a) The Chair or the Board may ask the applicant to submit additional in- No expenses of any nature whatso- formation not included in the applica- ever incurred by an applicant, his or tion or response to the advisory opin- her counsel, witnesses, or others acting ion. on behalf of the applicant shall be paid (b) The Chair or the Board may ask by the Government, except that an ap- the Coast Guard or other Government plicant may be entitled to representa- office to submit any information, in- tion by a Coast Guard law specialist if cluding reports of investigations, that the case has been processed under the the Chair or the Board deems relevant Whistleblower Protection Act. 10 to an applicant’s case. U.S.C. 1034(f)(3)(A). (c) Whenever the Coast Guard or other Government office submits clas- § 52.55 Nonappearance. sified, privileged, or sensitive informa- An applicant who fails without good tion to the Board in accordance with cause to appear in person or by counsel paragraph (b) of this section or at the appointed date, time, and place § 52.42(b), it shall identify such informa- for hearing, is deemed to have waived tion and also provide the Board with a the right to a hearing. The application copy of that part of the information is then considered by the Board on the that would be released to the applicant basis of all the material of record.

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§ 52.56 Conduct of hearing. the Coast Guard, and any other action deemed necessary to provide full and (a) The Chair or the Chair’s designee effective relief, which may include di- shall conduct a hearing so as to ensure recting the Coast Guard to convene a full and fair presentation of the evi- medical boards. dence. (e) If the Board deems it necessary to (b) The hearing is not limited by submit a comment or recommendation legal rules of evidence, but reasonable to the Secretary as to a matter arising standards of competency, relevancy, from, but not directly related to, the and materiality are observed for the re- issues in a case, it does so by separate ceipt and consideration of evidence. communication. (c) All testimony shall be given under oath or affirmation. § 52.62 Minority report. § 52.57 Record of hearing. In case of disagreement among Board members, a minority report may be A hearing pursuant to this subpart in submitted dissenting from or concur- open session shall be recorded verbatim ring with the decision of the Board. and, at the discretion of the Board or direction of the Secretary, shall be § 52.63 Record of proceedings. transcribed. (a) The Board shall prepare a complete record of each proceeding. The Subpart G—Judgment and record shall include the application for Disposition relief; the written views of the Coast Guard, if any; any transcript of testi- § 52.61 Deliberations and decision. mony; affidavits and documents consid- (a) The Board is convened at the call ered by the Board; briefs and written of the Chair and its meetings are re- arguments filed in the case; the find- cessed or adjourned by order of the ings, decisions, and recommendations Chair. Only members of the Board and of the Board; minority reports, if any; its staff may be present during the de- and all other materials necessary to re- liberations of the Board. The Board’s flect a true and complete history of the deliberations are conducted in execu- proceedings. tive session and are not reported. (b) After final action has been taken (b) When the Board finds that the on an application in accordance with facts have not been fully and fairly dis- § 52.64, any classified, privileged, or sen- closed by the records, testimony, and sitive information in the record of pro- any other evidence before the Board, ceedings that has been provided by the the Board may request the applicant Coast Guard or another Government and/or the Coast Guard to obtain and office in accordance with §§ 52.42 or submit such further evidence as it con- 52.43 shall be returned by the Board to siders essential to a complete and im- the office from which it was received. partial understanding of the facts and Only a copy of the information pro- issues. vided by the Coast Guard or other Gov- (c) Following the receipt of all evi- ernment office for release to the appli- dence, the Chair shall cause to be pre- cant in accordance with § 52.43(c) shall pared and shall submit to the Board for be retained in the permanent record of its consideration a draft decision con- proceedings after final action is taken. taining proposed findings and conclusions and a proposed order. A majority § 52.64 Final action. vote of the members of the Board (a) The Board, provided that it acts present at a meeting on any matter re- unanimously, may take final action on lating to a draft decision before the behalf of the Secretary, pursuant to 10 Board shall constitute the action of the U.S.C. 1552, as follows: Board. If a draft decision is approved (1) The Board may deny an applica- by the Board, it shall become a deci- tion for the correction of military sion of the Board. records. (d) The decision of the Board shall (2) Unless the Coast Guard, in sub- specify any change, correction, or mitting its views pursuant to § 52.42(b), modification of records to be made by identifies and describes a significant

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issue of Coast Guard policy challenged § 52.66 Notification. in the application, the Board may ap- After final action is taken under prove an application for the correction § 52.64, the Board shall send a copy of of military records in any of the fol- the final decision to the applicant. The lowing categories: applicant may inspect the permanent (i) An application to correct an en- record of proceedings at Board offices. listment or reenlistment contract or agreement to extend an enlistment for § 52.67 Reconsideration. the purpose of effecting or increasing (a) Reconsideration of an application entitlement to a Selective Reenlist- for correction of a military record ment Bonus; shall occur if an applicant requests it (ii) An application to modify an elec- and the request meets the require- tion to participate in the Survivor Ben- ments set forth in paragraph (a)(1) or efit Plan; (a)(2) of this section. (iii) An application to change a reen- (1) An applicant presents evidence or listment eligibility code; information that was not previously (iv) An application to correct the considered by the Board and that could character of, or reason for, a discharge result in a determination other than or separation; or that originally made. Such new evi- (v) An application to receive a medal dence or information may only be con- or award. sidered if it could not have been pre- (3) The Board may approve any appli- sented to the Board prior to its origi- cation for correction of military nal determination if the applicant had records not included in one of the cat- exercised reasonable diligence; or egories in paragraph (a)(2) of this sec- (2) An applicant presents evidence or tion, if the Coast Guard recommends information that the Board, or the Sec- the same or substantially same relief retary as the case may be, committed as that requested by the applicant. legal or factual error in the original (b) Except in cases where the Board determination that could have resulted takes final action under paragraph (a) in a determination other than that of this section, the Board shall forward originally made. the record of its proceedings to the (b) The Chair shall docket a request Secretary, who may approve, dis- for reconsideration of a final decision if approve, or concur in the decision of it meets the requirements of paragraph the Board or the minority report, if (a)(1) or (a)(2) of this section. If neither any, either in whole or in part, and of these requirements is met, the Chair amend the order of the Board accord- shall not docket such request. ingly, or return the case to the Board (c) The Board shall consider each ap- for additional consideration. After tak- plication for reconsideration that has ing final action, the Secretary shall been docketed. None of the Board send any such statement and the members who served on the Board that considered an applicant’s original ap- record of proceedings to the Board for plication for correction shall serve on disposition. the Board that decides the applicant’s § 52.65 Orders. application upon reconsideration. (d) Action by the Board on a dock- (a) The Board shall issue such orders eted application for reconsideration is or directives as may be necessary to subject to §§ 52.26 and 52.64(b). carry out a final action. (e) An applicant’s request for recon- (b) The Board may ask the Coast sideration must be filed within two Guard to submit a written report to years after the issuance of a final deci- the Board specifying the action taken sion, except as otherwise required by and the date thereof with respect to law. If the Chair dockets an applicant’s any final action. request for reconsideration, the two- (c) Unless doing so is likely to nullify year requirement may be waived if the the relief granted, copies of the final Board finds that it would be in the in- decision shall be placed in the military terest of justice to consider the request record of the applicant. despite its untimeliness.

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Subpart H—Payment of Claims Guard’s authority, or if the Coast and Implementation of Orders Guard believes that the order is incomplete because of an oversight, the final § 52.71 Authority to pay. decision shall be returned to the Board (a) The Coast Guard is authorized to for clarification or technical amend- pay the claims of any person as the re- ment. sult of any action heretofore or here- § 52.74 Report of settlement. after taken under 10 U.S.C. 1552. (b) The Coast Guard is not authorized When payment is made pursuant to to pay any claim heretofore com- the order of the Board, the Board may pensated by Congress through enact- request the Coast Guard to notify it of ment of private law, or to pay any the name of any person to whom pay- amount as compensation for any ben- ment was made and of the amount of efit to which the claimant might subse- the payment. quently become entitled under the laws and regulations administered by the Subpart I—Public Access to Secretary of Veterans Affairs. Decisions § 52.72 Implementation of orders. § 52.81 Reading room and index. (a) In each case the Board shall transmit a copy of its decision or the After deleting only so much personal Secretary’s decision to the proper information as is necessary to prevent Coast Guard authority for determina- an unwarranted invasion of privacy of tion of monetary benefits due, if any, the applicant or other persons men- as a result of the action of the Board tioned in the final decision of the and for corrections of the military Board, a redacted copy of each final de- record ordered by the Board. cision shall be indexed by subject and (b) Upon request, the claimant is re- made available for review and copying quired to furnish to the Board or to the at a public reading room. Final deci- Coast Guard any information necessary sions created on or after November 1, to determine the proper parties to the 1996, shall be made available by elec- claim for payment under applicable tronic means. 5 U.S.C. 552. provisions of law. (c) Appropriate records shall be ex- PART 53—COAST GUARD amined in light of the Board’s decision WHISTLEBLOWER PROTECTION to determine all amounts which may be due. Amounts found due are subject Sec. to setoff in the amount of any existing 53.1 Purpose. indebtedness to the Government aris- 53.3 Applicability. ing from Coast Guard service and to 53.5 Definitions. other setoffs required by law or regula- 53.7 Requirements. tion. 53.9 Responsibilities. (d) At the time of payment, the 53.11 Procedures. claimant shall be advised as to the nature and amount of the various bene- AUTHORITY: 10 U.S.C. 1034; Pub. L. 100–456, fits represented by the total settle- 102 Stat. 1918; Pub. L. 101–225, 103 Stat. 1908; Pub. L. 107–296, 116 Stat. 2135. ment, and of the fact that acceptance of the settlement constitutes a com- SOURCE: 56 FR 13405, Apr. 2, 1991, unless plete release by the claimant of any otherwise noted. claim against the United States on account of the correction of record or- § 53.1 Purpose. dered by the Board. This part: (a) Establishes policy and imple- § 52.73 Interpretation. ments section 1034 of title 10 of the If the intent or import of the final United States Code to provide protec- decision is not clear to the Coast tion against reprisal to members of the Guard, if the Coast Guard believes that Coast Guard for making a protected executing all or part of the order in the communication to a Member of Con- final decision is beyond the Coast gress; an Inspector General; a member

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of a Department of Defense or Depart- Inspector General. The Inspector Gen- ment of Homeland Security audit, in- eral in the Office of Inspector General spection, investigation, or law enforce- of the Department of Homeland Secu- ment organization (e.g., the Coast rity, or any other Inspector General, as Guard Investigative Service); any per- appointed under the Inspector General son or organization in the chain of Act of 1978. command; and any other person or or- Judge Advocate. A commissioned offi- ganization designated pursuant to reg- cer of the Coast Guard designated for ulations or other established adminis- the special duty of law. trative procedures for such commu- Member of the Coast Guard. Any past nications. or present Coast Guard uniformed per- (b) Assigns responsibilities and dele- sonnel, officer or enlisted, regular or gates authority for such protection and reserve. This definition includes cadets prescribes operating procedures. of the Coast Guard Academy. Member of Congress. In addition to a [56 FR 13405, Apr. 2, 1991, as amended by USCG–2009–0239, 75 FR 79959, Dec. 21, 2010] Representative or a Senator, the term includes any Delegate or Resident § 53.3 Applicability. Commissioner to Congress. Personnel Action. Any action taken This part applies to members of the regarding a member of the Coast Guard United States Coast Guard, the Board that adversely affects or has the poten- for Correction of Military Records of tial to adversely affect the member’s the Coast Guard, and the Department position or his or her career. Such ac- of Homeland Security’s Office of the tions include, but are not limited to, a Inspector General. disciplinary or other corrective action; [56 FR 13405, Apr. 2, 1991, as amended by a transfer or reassignment; a perform- USCG–2003–14505, 68 FR 9535, Feb. 28, 2003] ance evaluation; or a decision concerning a promotion, pay, benefits, § 53.5 Definitions. awards, or training. As used in this part, the following Protected Communication. Any lawful terms shall have the meaning stated, communication to a Member of Con- except as otherwise provided: gress or an Inspector General; or a Board for Correction of Military communication in which a member of Records of the Coast Guard. The Depart- the Coast Guard communicates infor- ment of Homeland Security Board for mation that the member reasonably Correction of Military Records of the believes evidences a violation of law or Coast Guard (Board) is empowered regulation (including sexual harass- under 10 U.S.C. 1552 to make correc- ment or discrimination), gross mis- tions of Coast Guard military records. management, a gross waste of funds or The Board is part of the Office of the other resources, an abuse of authority, General Counsel in the Office of the or a substantial and specific danger to Secretary of Homeland Security. public health or safety, when such Chain of Command. The succession of communication is made to any of the commanding officers from a superior to following: A Member of Congress; an a subordinate through which command Inspector General; a member of a De- is exercised; and the succession of offi- partment of Defense or Department of cers, enlisted members, or civilian per- Homeland Security audit, inspection, sonnel through whom administrative investigation, or law enforcement orga- control is exercised, including super- nization (e.g., the Coast Guard Inves- vision and rating of performance. tigative Service); any person or organi- Corrective Action. Any action deemed zation in the chain of command; and necessary to make the complainant any other person or organization des- whole, changes in agency regulations ignated pursuant to regulations or or practices, and/or administrative or other established administrative proce- disciplinary action against offending dures to receive such communications. personnel, or referral to the U.S. Attor- Reprisal. Taking or threatening to ney General or courtmartial convening take an unfavorable personnel action, authority of any evidence of criminal or withholding or threatening to with- violation. hold a favorable personnel action,

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against a member of the Coast Guard the allegation, which shall include a for making or preparing to make a pro- thorough review of the facts and cir- tected communication. cumstances relevant to the allegation, Secretary. The Secretary of Homeland the relevant documents acquired dur- Security or his or her delegate. ing the investigation, and summaries [56 FR 13405, Apr. 2, 1991, as amended by of interviews conducted. The Inspector USCG–2003–14505, 68 FR 9535, Feb. 28, 2003; General may forward a recommenda- USCG–2009–0239, 75 FR 79959, Dec. 21, 2010] tion as to the disposition of the complaint. § 53.7 Requirements. (4) Submit a copy of the investiga- (a) No person within the Department tion report to the Secretary of the De- of Homeland Security may restrict a partment of Homeland Security and to member of the Coast Guard from law- the Coast Guard member making the fully communicating with a Member of allegation not later than 30 days after Congress or an Inspector General. the completion of the investigation. In (b) A member of the Coast Guard the copy of the report transmitted to shall be free from reprisal for making the member, the Inspector General or preparing to make a protected com- shall ensure the maximum disclosure munication. (c) Any employee or member of the of information possible, with the ex- Coast Guard who has the authority to ception of information that is not re- take, direct others to take, or rec- quired to be disclosed under 5 U.S.C. ommend or approve any personnel ac- 552. However, the copy transmitted to tion shall not, under such authority, the member need not contain sum- take, withhold, threaten to take, or maries of interviews conducted, nor threaten to withhold a personnel ac- any document acquired, during the tion regarding any member of the course of the investigation. Such items Coast Guard in reprisal for making or shall be transmitted to the member, if preparing to make a protected commu- the member requests the items, with nication. the copy of the report or after the [56 FR 13405, Apr. 2, 1991, as amended by transmittal to the member of the copy USCG–2003–14505, 68 FR 9535, Feb. 28, 2003; of the report, regardless of whether the USCG–2009–0239, 75 FR 79959, Dec. 21, 2010] request for those items is made before or after the copy of the report is trans- § 53.9 Responsibilities. mitted to the member. (a) The Inspector General, Depart- (5) If a determination is made that ment of Homeland Security shall: the report cannot be issued within 180 (1) Expeditiously determine whether days of receipt of the allegation, notify there is sufficient evidence to warrant the Secretary and the Coast Guard an investigation of an allegation that a member making the allegation of the personnel action has been taken, with- reasons why the report will not be sub- held, or threatened in reprisal for mak- mitted within that time, and state ing or preparing to make a protected when the report will be submitted. communication. No investigation is re- (6) At the request of the Board, sub- quired when such allegation is submit a copy of the investigative report mitted more than 60 days after the to the Board. Coast Guard member became aware of the personnel action that is the subject (b) The Board shall, in accordance of the allegation. with its regulations (33 CFR part 52): (2) If such investigation is warranted, (1) Consider under 10 U.S.C. 1552 and initiate a separate investigation of the 33 CFR part 52 an application for the information the Coast Guard member correction of records made by a Coast reasonably believes evidences wrong- Guard member who has filed a timely doing if a prior investigation has not complaint with the Inspector General already been initiated, or if the prior alleging that a personnel action was investigation was biased or inadequate. taken in reprisal for making or pre- (3) Complete the investigation of the paring to make a protected commu- allegation of reprisal and issue a report nication. This may include oral argu- not later than 180 days after receipt of ment, examining and cross-examining

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witnesses, taking depositions, and con- reprisal, and direct any appropriate ducting an evidentiary hearing at the correction of the member’s records. Board’s discretion. (f) The Board shall notify the Inspec- (2) Review the report of any inves- tor General of the Board’s decision con- tigation by the Inspector General into cerning an application for the correc- the Coast Guard member’s allegation tion of military records of a Coast of reprisal. Guard member who alleged reprisal for (3) As deemed necessary, request the making or preparing to make a pro- Inspector General to gather further tected communication, and of any rec- evidence and issue a further report to ommendation to the Secretary of the the Board. Department of Homeland Security for (4) Issue a final decision concerning appropriate administrative or discipli- the application for the correction of nary action against the individual or military records under this part not individuals found to have taken, with- later than 180 days after receipt of a held, or threatened a personnel action complete application. as a reprisal. (c) If the Board elects to hold an ad- (g) When reprisal is found, the Sec- ministrative hearing, the Coast Guard retary shall ensure that appropriate member may be represented by a Judge corrective action is taken. Advocate if: [56 FR 13405, Apr. 2, 1991, as amended by (1) The Inspector General, in the re- USCG–2003–14505, 68 FR 9535, Feb. 28, 2003; port of the investigation, finds there is USCG–2009–0239, 75 FR 79960, Dec. 21, 2010] probable cause to believe that a personnel action was taken, withheld, or § 53.11 Procedures. threatened in reprisal for the Coast (a) Any member of the Coast Guard Guard member making or preparing to who reasonably believes a personnel ac- make a protected communication; tion was taken, withheld, or threat- (2) The Chief Counsel of the Coast ened in reprisal for making or pre- Guard (who may also be serving as the paring to make a protected commu- Judge Advocate General of the Coast nication may file a complaint with the Guard) determines that the case is un- Department of Homeland Security In- usually complex or otherwise requires spector General Hotline at 1–800–323– the assistance of a Judge Advocate to 8603. Such a complaint may be filed: By ensure proper presentation of the legal letter addressed to the Department of issues in the case; and Homeland Security, Office of Inspector (3) The Coast Guard member is not General, Hotline, Washington, DC represented by outside counsel chosen 20528; By faxing the complaint to 202– by the member. 254–4292; or by e-mailing (d) If the Board elects to hold an ad- [email protected]. ministrative hearing, the Board must (b) The complaint should include the ensure that the Coast Guard member name, address, and telephone number may examine witnesses through deposi- of the complainant; the name and location, serve interrogatories, and request tion of the activity where the alleged the production of evidence, including violation occurred; the personnel ac- evidence in the Inspector General in- tion taken, withheld, or threatened vestigatory record but not included in that is alleged to be motivated by re- the report released to the member. prisal; the name(s) of the individual(s) (e) If the Board determines that a believed to be responsible for the per- personnel action was taken, withheld, sonnel action; the date when the al- or threatened as a reprisal for a Coast leged reprisal occurred; and any infor- Guard member making or preparing to mation that suggests or evidences a make a protected communication, the connection between the protected com- Board may forward its recommenda- munication and reprisal. The com- tion to the Secretary of the Depart- plaint should also include a description ment of Homeland Security for appro- of the protected communication, in- priate administrative or disciplinary cluding a copy of any written commu- action against the individual or indi- nication and a brief summary of any viduals found to have taken, withheld, oral communication showing the date or threatened a personnel action as a of communication, the subject matter,

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and the name of the person or official child and spousal support, including to whom the communication was made. any official of a political subdivision (c) A member of the Coast Guard who when authorized under a State plan. alleges reprisal for making or pre- (b) The court that has authority to paring to make a protected commu- issue an order against the member for nication may submit an application for the support and maintenance of a the correction of military records to child, or any agent of that court. the Board, in accordance with regulations governing the Board. See 33 CFR § 54.05 Form and contents of notice. part 52. (d) An application submitted under (a) The notice required to institute paragraph (c) of this section shall be an allotment under this part must be considered in accordance with regula- given in the form of a court order, let- tions governing the Board. See 33 CFR ters, or other document issued by a part 52. person specified in § 54.03. (b) The notice must: [56 FR 13405, Apr. 2, 1991, as amended by (1) Provide the full name, social secu- USCG–2009–0239, 75 FR 79960, Dec. 21, 2010] rity number, and duty station of the member who owes the support obliga- PART 54—ALLOTMENTS FROM AC- tion; TIVE DUTY PAY FOR CERTAIN (2) Specify the amount of support SUPPORT OBLIGATIONS due, and the period in which it has remained owing; Sec. 54.01 Purpose. (3) Be accompanied by a certified 54.03 Persons authorized to give notices. copy of an order directing the payment 54.05 Form and contents of notice. of this support issued: 54.07 Service of notice upon designated (i) By a court of competent jurisdic- Coast Guard official. tion, or; AUTHORITY: 42 U.S.C. 665(c). (ii) In accordance with an adminis- SOURCE: CGD 82–109, 48 FR 4285, Jan. 31, trative procedure which is established 1983, unless otherwise noted. by State law, affords substantial due process, and is subject to judicial re- § 54.01 Purpose. view; This part prescribes procedures for (4) Provide the full name, social secu- State officials to notify the Coast rity number, and mailing address of Guard that a member on active duty is the person to whom the allotment is to delinquent in meeting an obligation for be paid; child support alone, or both child and (5) Identify the period in which the spousal support, in an amount equal to allotment is to remain in effect; and the support payable for two months or (6) Identify the name and birth date longer. Under 42 U.S.C. 665, an allot- of all children for whom support is to ment may be taken from the pay and be provided under the allotment. allowances of the member in this situa- (c) Each notice must be accompanied tion. by the following information: § 54.03 Persons authorized to give no- (1) For each administrative order, a tices. copy of all provisions of state law gov- For the purpose of instituting an al- erning its issuance. lotment under this part, notice that a (2) For each court order and for each Coast Guard member is delinquent in administrative order, if not stated in meeting support obligations may be the support order: given by: (i) An explanation as to how personal (a) Any agent or attorney of any jurisdiction was obtained over the State having in effect a plan approved member; and under Part D of Title IV of the Social (ii) A statement on the age of major- Security Act (42 U.S.C. 651–664), who ity in the state law, with appropriate has the duty or authority to seek re- legal citations. covery of any amounts owed as child or

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§ 54.07 Service of notice upon des- lation that offers, on a regularly sched- ignated Coast Guard official. uled basis, developmental services de- The notice and all accompanying signed to foster social, emotional, documentation must be sent to Com- physical, creative, and intellectual manding Officer, Coast Guard Human growth to groups of children. Resources Service and Information Child development services means de- Center, Federal Building, 444 S.E. Quin- velopmental services provided at a cy Street, Topeka, KS 66683–3591, tele- child development center or by a fam- phone 785–339–3595, facsimile 785–339– ily child care provider at his or her 3788. Coast Guard-owned or -leased home. Coast Guard family child care provider [CGD 82–109, 48 FR 4285, Jan. 31, 1983, as amended by CGD 88–052, 53 FR 25119, July 1, means a Coast Guard family member, 1988; CGD 97–023, 62 FR 33362, June 19, 1997; 18 years of age or older, who provides USCG–2001–9286, 66 FR 33639, June 25, 2001] child care for 10 hours or more per week per child to one but no more than PART 55—CHILD DEVELOPMENT six children, including the provider’s SERVICES own children under the age of eight, on a regular basis in his or her Coast Subpart A—General Guard-owned or -leased housing. Coast Guard family child care services Sec. means child care provided on a regu- 55.1 Purpose. larly scheduled basis for 10 hours or 55.3 Who is covered by this part? 55.5 Who is eligible for child development more a week by an individual certified services? by the Coast Guard and who resides in 55.7 Definitions. Coast Guard-controlled housing. 55.9 Child development centers. Command means the Commanding Of- 55.11 How are child development center fees ficer of one or more units of personnel established? in a limited geographic area with re- 55.13 Family child care providers. sponsibility for a child development AUTHORITY: 14 U.S.C. 515. center. SOURCE: USCG–1998–3821, 64 FR 6528, Feb. Family child care means child care 10, 1999, unless otherwise noted. provided in the home of a provider, either a Coast Guard family child care Subpart A—General provider or a family home day care provider. § 55.1 Purpose. Family home day care provider means This subpart implements 46 U.S.C. an individual 18 years of age or older 515, which provides for Coast Guard who is licensed by the state agency Child Development Services. that regulates child care. This person provides child care to one but to no § 55.3 Who is covered by this subpart? more than six children, including the This subpart applies to all Coast provider’s own children under the age Guard installations. of eight, on a regular basis in his or her residence. § 55.5 Who is eligible for child develop- Geographic cost of living allowance ment services? means the adjustment in basic pay re- Coast Guard members and civilian lated to higher living costs in certain Coast Guard employees are eligible for geographic areas. the child developmental services de- Total family income means the earned scribed in this subpart. As space is income for adult members of the available, members of the other Armed household including wages, salaries, Forces and other Federal civilian em- tips, long-term disability benefits re- ployees are also eligible. ceived by a family, incentive and special pay for service or anything else of § 55.7 Definitions. value, even if not taxable, that was re- As used in this subpart— ceived for providing services. Also in- Child development center means a fa- cluded is Basic Allowance for Housing cility located on a Coast Guard instal- and Basic Allowance for Subsistence

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authorized for the pay grade of mili- § 55.11 How are child development tary personnel, whether the allowance center fees established? is received in cash or in-kind. Total (a) Fees for the provision of services Family Income does not include: the at child development centers shall be geographic cost of living allowance; al- set by each Command with responsi- imony and child support; temporary bility for a center-based program, ac- duty allowances or reimbursements for cording to the following total family educational expenses; veterans bene- income chart: fits; workers compensation benefits; and, unemployment compensation. TOTAL FAMILY INCOME These are to be excluded from total $0 to $23,000 family income. $23,001 to $34,000 Uneconomical and inefficient means $34,001 to $44,000 $44,001 to $55,000 that the fees collected from parents Over $55,000 can not be used in a manner that provides a quality program at an afford- (b) Fees for the provision of services able cost to parents using the child at Coast Guard child development cen- care services. ters shall be used only for compensation for employees at those centers § 55.9 Child development centers. who are directly involved in providing child care, unless it is uneconomical (a) The Commandant may make child and inefficient. If uneconomical and in- development services available at child efficient, then the fees may be used for: development centers located at Coast (1) The purchase of consumable or Guard installations. disposable items for Coast Guard child (b) Regular and unannounced inspec- development centers; and tions of each child development center (2) If the requirements of such cen- shall be conducted annually by head- ters for consumable or disposable items quarters program personnel, the com- for a given fiscal year have been met, manding officer of the sponsoring com- for other expenses of those centers. mand, fire personnel, and health and safety personnel. § 55.13 Family child care providers. (c) Training programs shall be con- When appropriated funds are avail- ducted monthly to ensure that all child able, funds may be offered to provide development center employees com- assistance to Coast Guard Family plete a minimum of 20 hours of train- Child Care Providers or to family home ing annually with respect to early day care providers so that family child childhood development, activities and care services can be provided to mili- disciplinary techniques appropriate to tary members and civilian employees children of different ages, child abuse of the Coast Guard, at a cost com- prevention and detection, and appro- parable to the cost of services at Coast priate emergency medical procedures. Guard child development centers.

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CROSS REFERENCE: Corps of Engineers, De- aids to navigation operated by the partment of the Army, see Chapter II of this other armed services, and private aids title. to navigation operated by other persons. PART 60 [RESERVED] (b)(1) This part describes the general characteristics of the U.S. Aids to PART 62—UNITED STATES AIDS TO Navigation System, and the details, NAVIGATION SYSTEM policies and procedures employed by the Coast Guard in establishing, main- Subpart A—General taining, operating, changing or dis- Sec. continuing Federal aids to navigation. 62.1 Purpose. Regulations concerning the marking of 62.3 Definition of terms. wrecks, structures, and other obstruc- 62.5 Marking of marine parades and regat- tions are found in 33 CFR part 64. Regu- tas. lations concerning private aids are found in 33 CFR part 66. Regulations Subpart B—The U.S. Aids to Navigation concerning the marking of artificial is- System lands and structures which are erected 62.21 General. on or over the seabed and subsoil of the 62.23 Beacons and buoys. Outer Continental Shelf of the United 62.25 Lateral marks. States or its possessions are found in 33 62.27 Safe water marks. 62.29 Isolated danger marks. CFR part 67. Regulations concerning 62.31 Special marks. the marking of bridges are found in 33 62.32 Inland waters obstruction mark. CFR part 118. Regulations concerning 62.33 Information and regulatory marks. aids to navigation at deepwater ports 62.35 Mooring buoys. are found in subchapter NN of this 62.37 Lighthouses. chapter. 62.41 Ranges. 62.43 Numbers and letters. (2) The regulations found in 33 CFR 62.45 Light characteristics. subpart 66.10 expire on December 31, 62.47 Sound signals. 2003, at which time the provisions of 62.49 Intracoastal Waterway identification. this part will apply. 62.51 Western Rivers Marking System. (c) The Coast Guard maintains sys- 62.53 Racons. 62.54 Ownership identification. tems of marine aids to navigation consisting of visual, audible, and elec- Subpart C [Reserved] tronic signals which are designed to assist the prudent mariner in the process Subpart D—Public Participation in the Aids of navigation. The aids to navigation to Navigation System system is not intended to identify 62.63 Recommendations. every shoal or obstruction to naviga- 62.65 Procedure for reporting defects and tion which exists in the navigable wa- discrepancies. ters of the United States, but rather AUTHORITY: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; provides for reasonable marking of ma- 43 U.S.C. 1333; Department of Homeland Se- rine features as resources permit. The curity Delegation No. 0170. primary objective of the aids to navi- SOURCE: CGD 86–031, 52 FR 42640, Nov. 6, gation system is to mark navigable 1987, unless otherwise noted. channels and waterways, obstructions adjacent to these waterways, and ob- Subpart A—General structions in areas of general navigation which may not be anticipated. § 62.1 Purpose. Other waters, even if navigable, are (a) The Coast Guard administers the generally not marked. U.S. Aids to Navigation System. The [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as system consists of Federal aids to navi- amended by CGD 88–018, 54 FR 48608, Nov. 24, gation operated by the Coast Guard, 1989; CGD 97–018, 63 FR 33573, June 19, 1998]

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§ 62.3 Definition of terms. Subpart B—The U.S. Aids to Certain terms as used in this sub- Navigation System chapter are defined as follows: (a) Aid to Navigation. The term aid to § 62.21 General. navigation means any device external (a) The navigable waters of the to a vessel or aircraft intended to as- United States and non-navigable State sist a navigator to determine position waters after December 31, 2003, are or safe course, or to warn of dangers or marked to assist navigation using the obstructions to navigation. U.S. Aids to Navigation System, a sys- (b) Commerce. The term commerce, in tem consistent with the International addition to general, national and inter- Association of Lighthouse Authorities national trade and commerce of the (IALA) Maritime Buoyage System. The United States, includes trade and trav- IALA Maritime Buoyage System is fol- el by seasonal passenger craft (marine lowed by most of the world’s maritime and air), yachts, houseboats, fishing nations and will improve maritime boats, motor boats, and other craft, safety by encouraging conformity in whether or not operated for hire or buoyage systems worldwide. IALA profit. buoyage is divided into two regions (c) Commandant. The term Com- made up of Region A and Region B. All mandant means the Commandant of navigable waters of the United States the Coast Guard. follow IALA Region B, except U.S. pos- (d) District Commander. The term Dis- sessions west of the International Date trict Commander means the com- Line and south of 10 degrees north lati- mander of a Coast Guard District. tude, which follow IALA Region A. Coast Guard Districts are listed in Part Lateral aids to navigation in Region A 3 of this chapter. vary from those described throughout (e) Corps of Engineers. The term Corps this Subpart. Non-lateral aids to navi- of Engineers means the Corps of Engi- gation are the same as those used in neers, Department of the Army. Region B. See § 62.25. Appropriate nautical charts and publications should be (f) Person. The term person imparts consulted to determine whether the both singular or plural, as the case de- Region A or Region B marking schemes mands, and includes any Federal Agen- are in effect for a given area. cy, State, Territory, possession, or public subdivision thereof, the District (b) The U.S. Aids to Navigation Sys- of Columbia, and any corporation, com- tem is designed for use with nautical pany, association, club, or other in- charts. Nautical charts portray the strumentality. physical features of the marine environment, including soundings and (g) Navigable waters of the United other submarine features, landmarks, States. The term navigable waters of and other aids necessary for the proper the United States is defined in § 2.36(a) navigation of a vessel. This crucial in- of this chapter. formation cannot be obtained from [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as other sources, even ones such as topo- amended by USCG–2001–9044, 68 FR 42601, graphic maps, aeronautical charts, or July 18, 2003] atlases. The exact meaning of an aid to navigation may not be clear to the § 62.5 Marking of marine parades and mariner unless the appropriate chart is regattas. consulted, as the chart illustrates the (a) The Coast Guard may establish relationship of the individual aid to aids to navigation to mark marine pa- navigation to channel limits, obstruc- rades and regattas which are regulated tions, hazards to navigation, and to the by the Coast Guard for the purpose of total aids to navigation system. protecting life and property, or to as- (c) The navigator should maintain sist in the observance and enforcement and consult suitable publications and of special regulations. For marine pa- instruments for navigation depending rade and regatta regulations, see Part on the vessel’s requirements. This ship- 100 of this chapter. board equipment is separate from the (b) [Reserved] aids to navigation system, but is often

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essential to its use. The following pub- Local Notice to Mariners with more lications are available from the U.S. timely information. Mariners should Government to assist the navigator: monitor VHF-FM channel 16 to locate (1) The Light List, published by the Coast Guard Marine Information Coast Guard and available through the Broadcasts. Government Printing Office or author- (d) The U.S. Aids to Navigation Sys- ized sales agents, lists federal and pri- tem is primarily a lateral system vate aids to navigation. It includes all which employs a simple arrangement major Federal aids to navigation and of colors, shapes, numbers, and light those private aids to navigation, which characteristics to mark the limits of have been deemed to be important to navigable routes. This lateral system is general navigation, and includes a supplemented by nonlateral aids to physical description of these aids and navigation where appropriate. their locations. (e) Generally, lateral aids to naviga- (2) The United States Coast Pilot, tion indicate on which side of a vessel published by the National Ocean Serv- an aid to navigation should be passed ice and available through that agency when the vessel is proceeding in the or authorized nautical chart sales Conventional Direction of Buoyage. agents, supplements the information Normally, the Conventional Direction shown on nautical charts. Subjects of Buoyage is the direction in which a such as local navigation regulations, vessel enters navigable channels from channel and anchorage peculiarities, seaward and proceeds towards the head dangers, climatalogical data, routes, of navigation. In the absence of a route and port facilities are covered. leading from seaward, the Conven- (3) Local Notices to Mariners are tional Direction of Buoyage generally published by local Coast Guard District follows a clockwise direction around Commanders. Persons may be placed land masses. For example, proceeding on the mailing list to receive local No- southerly along the Atlantic Coast, tices by contacting the Aids to Naviga- from Florida to Texas along the Gulf tion and Waterway Management Coast, and northerly along the Pacific Branch of the appropriate Coast Guard Coast are considered as proceeding in District. These notices pass informa- the Conventional Direction of Buoyage. tion affecting navigation safety. In some instances, this direction must Changes to aids to navigation, reported be arbitrarily assigned. Where doubt dangers, scheduled construction or exists, the mariner should consult other disruptions, chart corrections charts and other nautical publications. and similar useful marine information (f) Although aids to navigation are is made available through this publica- maintained to a reasonable degree of tion. reliability, the rigors of the marine en- (4) The Notice to Mariners is a na- vironment and various equipment fail- tional publication, similar to the Local ures do cause discrepancies on occa- Notice to Mariners, published by the sion. National Imagery and Mapping Agen- (g) The Coast Guard makes reason- cy. The notice may be obtained free of able efforts to inform the navigator of charge from commercial maritime known discrepancies, and to correct sources and, upon request, to Defense them within a reasonable period of Logistics Agency, Defense Supply Cen- time, depending upon resources avail- ter Richmond, ATTN: JNB, 8000 Jeffer- able. Occasionally, a temporary aid to son Davis Highway, Richmond, VA navigation, which provides different 23297–5100 or FAX 804–279–6510, ATTN: but similar service, is deployed until Accounts Manager, RMF. A letter of permanent repairs can be made to the justification should be included in the original aid. Notification of such tem- request. This publication provides porary changes is made through the ocean going vessels significant infor- notice to mariners system. mation on national and international (h) Mariners should exercise caution navigation and safety. when using private aids to navigation (5) The mariner should also listen to because private aids are often estab- Coast Guard Broadcast Notices to lished to serve the needs of specific Mariners. These broadcasts update the users rather than general navigation

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and their purpose may not be obvious (iii) Pillar buoys have a wide cylin- to casual users; and, discrepancies to drical base supporting a narrower su- private aids are often detected, re- perstructure. They may be surmounted ported, and corrected less promptly by colored shapes called topmarks. than discrepancies to Coast Guard aids (iv) Spherical buoys have a round to navigation. shape. (2) Mariners attempting to pass a [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as buoy close aboard risk collision with a amended by CGD 88–018, 54 FR 48608, Nov. 24, 1989; CGD 97–018, 63 FR 33573, June 19, 1998; yawing buoy, the buoy’s mooring, or USCG–2001–9286, 66 FR 33640, June 25, 2001] with the obstruction which the buoy marks. § 62.23 Beacons and buoys. (3) Mariners should not rely on buoys (a) Aids to navigation are placed on alone for determining their positions shore or on marine sites to assist a due to factors limiting their reli- navigator to determine his position or ability. Prudent mariners will use safe course. They may mark limits of bearings or angles from beacons or navigable channels, or warn of dangers other landmarks, soundings, and var- or obstructions to navigation. The pri- ious methods of electronic navigation. mary components of the U.S. Aids to Buoys vary in reliability because: Navigation System are beacons and (i) Buoy positions represented on buoys. nautical charts are approximate posi- (b) Beacons are aids to navigation tions only, due to practical limitations structures which are permanently fixed in positioning and maintaining buoys to the earth’s surface. They range from and their sinkers in precise geographical locations. large lighthouses to small, single-pile (ii) Buoy moorings vary in length. structures and may be located on land The mooring lengths define a ‘‘watch or in the water. Lighted beacons are circle’’, and buoys can be expected to called lights; unlighted beacons are move within this circle. Actual watch called daybeacons. circles do not coincide with the dots or (1) Beacons exhibit a daymark. For circles representing them on charts. small structures these are colored geo- (iii) Buoy positions are normally metric shapes which make an aid to verified during periodic maintenance navigation readily visible and easily visits. Between visits, environmental identifiable against background condi- conditions, including atmospheric and tions. Generally, the daymark conveys sea conditions, and seabed slope and to the mariner, during daylight hours, composition, may shift buoys off their the same significance as does the aid’s charted positions. Also buoys may be light or reflector at night. The dragged off station, sunk, or capsized daymark of large lighthouses and tow- by a collision with a vessel. ers, however, consists of the structure itself. As a result, these daymarks do [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– not infer lateral significance. 031, 52 FR 46351, Dec. 5, 1987] (2) Vessels should not pass beacons close aboard due to the danger of colli- § 62.25 Lateral marks. sion with rip-rap or structure founda- (a) Lateral marks define the port and tions, or the obstruction or danger that starboard sides of a route to be fol- the aid marks. lowed. They may be either beacons or (c) Buoys are floating aids to naviga- buoys. tion used extensively throughout U.S. (b) Sidemarks are lateral marks waters. They are moored to the seabed which advise the mariner to stay to by sinkers with chain or other moor- one side of the mark. Their most fre- ings of various lengths. quent use is to mark the sides of chan- (1) The daymark of a buoy is the nels; however, they may be used indi- color and shape of the buoy and, if so vidually to mark obstructions outside equipped, of the topmark. of clearly defined channels. Sidemarks (i) Can buoys have a cylindrical are not always placed directly on a shape. channel edge and may be positioned (ii) Nun buoys have a tapered, conical outside the channel as indicated on shape. charts and nautical publications.

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(1) Port hand marks indicate the left end of channels. Safe water marks are side of channels when proceeding in the colored with red and white vertical Conventional Direction of Buoyage. stripes. Beacons have an octagonal Beacons have green square daymarks, daymark; red and white buoys are while buoys are green can or pillar spherical or display a red spherical buoys. topmark. (2) Starboard hand marks indicate [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as the right side of channels when pro- amended by CGD 88–018, 54 FR 48608, Nov. 24, ceeding in the Conventional Direction 1989] of Buoyage. Beacons have red triangular daymarks, while buoys are red § 62.29 Isolated danger marks. nun or pillar buoys. Isolated danger marks indicate an (c) Preferred channel marks indicate isolated danger which may be passed channel junctions or bifurcations and on all sides. As these marks are erected may also mark wrecks or obstructions or moored on or near dangers, they which the mariner, after consulting a should not be approached closely with- chart to ascertain the location of the out special caution. These marks are obstruction relative to the aid, may colored black with one or more broad pass on either side. Preferred channel horizontal red bands and are equipped marks have red and green horizontal with a topmark of two black spheres, bands with the color of the topmost one above the other. band indicating the preferred channel. If the topmost band is green, the mark [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as serves as a port hand mark for vessels amended by CGD 88–018, 54 FR 48608, Nov. 24, 1989] following the preferred channel proceeding in the Conventional Direction § 62.31 Special marks. of Buoyage, and as a starboard hand Special marks are not primarily in- mark for the other channel. Beacons tended to assist safe navigation, but to would have square daymarks, while indicate special areas or features re- buoys would be can or pillar buoys. If ferred to in charts or other nautical the topmost band is red, the mark publications. They may be used, for ex- serves as a starboard hand mark for ample, to mark anchorages, cable or vessels following the preferred channel pipeline areas, traffic separation proceeding in the Conventional Direc- schemes, military exercise zones, ocean tion of Buoyage, and a port hand mark data acquisition systems, etc. Special for the other channel. Beacons would marks are colored solid yellow. have triangular daymarks, while buoys would be nun or pillar buoys. § 62.32 Inland waters obstruction (d) The above color schemes apply to mark. IALA Region B. Marks located in the (a) On inland waters designated by IALA Region A exhibit reversed color the Commandant as State waters in ac- significance: port hand marks will be cordance with § 66.05–5 of this chapter red when following the Conventional and on non-navigable internal waters Direction of Buoyage, and starboard of a State which have no defined head hand marks will be green. The meaning of navigation, a buoy showing alter- of daymark and buoy shapes is iden- nate vertical black and white stripes tical in both regions. may be used to indicate to a vessel op- (e) Certain marks on the Intracoastal erator that an obstruction to naviga- Waterway may exhibit reversed lateral tion extends from the nearest shore to significance. See § 62.49. the buoy. [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as (b) The black and white buoy’s mean- amended by CGD 88–018, 54 FR 48608, Nov. 24, ing is ‘‘do not pass between the buoy 1989] and the shore’’. The number of white and black stripes is discretionary, pro- § 62.27 Safe water marks. vided that the white stripes are twice Safe water marks indicate that there the width of the black stripes. Prior to is navigable water all around the mark. December 31, 2003, this aid shall not be They are often used to indicate fair- used on a waterway which has a red ways or midchannels, or the seaward and white striped obstruction marker

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defined in § 66.10–15(e)(3) of this chap- § 62.41 Ranges. ter, unless all obstruction markers are Ranges are aids to navigation sys- replaced. tems employing dual beacons which, [CGD 97–018, 63 FR 33573, June 19, 1998] when the structures appear to be in line, assist the mariner in maintaining § 62.33 Information and regulatory a safe course. The appropriate nautical marks. chart must be consulted when using (a) Information and Regulatory ranges to determine whether the range Marks are used to alert the mariner to marks the centerline of the navigable various warnings or regulatory mat- channel and also to ascertain what sec- ters. These marks have orange geo- tion of the range may be safety tra- metric shapes against a white back- versed. Ranges are generally, but not ground. The meanings associated with always, lighted, and display rectan- the orange shapes are as follows: gular daymarks of various colors. (1) A vertical open-faced diamond sig- [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– nifies danger. 031, 52 FR 46351, Dec. 5, 1987] (2) A vertical diamond shape having a cross centered within indicates that § 62.43 Numbers and letters. vessels are excluded from the marked (a) All solid red and solid green aids area. are numbered, with red aids bearing (3) A circular shape indicates that even numbers and green aids bearing certain operating restrictions are in ef- odd numbers. The numbers for each in- fect within the marked area. crease in the Conventional Direction of (4) A square or rectangular shape will Buoyage. Numbers are kept in approxi- contain directions or instructions let- mately sequence on both sides of the tered within the shape. channel by omitting numbers where (b) When a buoy is used as an infor- necessary. mation or regulatory mark it shall be white with two horizontal orange (b) Only sidemarks are numbered. bands placed completely around the However, aids other than those men- buoy circumference. One band shall be tioned above may be lettered to assist near the top of the buoy body, with a in their identification, or to indicate second band placed just above the wa- their purpose. Sidemarks may carry terline of the buoy so that both bands letters in addition to numbers to iden- are clearly visible. tify the first aid to navigation in a waterway, or when new aids to navigation [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as are added to channels with previously amended by CGD 97–018, 63 FR 33573, June 19, completed numerical sequences. Let- 1998] ters on sidemarks will follow alphabet- § 62.35 Mooring buoys. ical order from seaward and proceeding toward the Conventional Direction of Mooring Buoys are white with a blue Buoyage and will be added to numbers horizontal band. This distinctive color as suffixes. scheme is recommended to facilitate (c) Aids to navigation may be fitted identification and to avoid confusion with light-reflecting material to in- with aids to navigation. crease their visibility in darkness. The § 62.37 Lighthouses. colors of this material may convey the same significance as the aid except Lighthouses are prominent beacons that letters and numbers may be white. of varying size, color, and appearance (d) Exceptions to the provisions of employed to mark headlands, landfalls, this section will be found on the West- harbor entrances, channel edges, haz- ern Rivers System. See § 62.51. ards, and other features. While nor- (e) The guidelines for the display of mally identified by their distinctive appearance, some lighthouses display numbers and letters on aids to naviga- diamond shaped, checkered daymarks tion are identical for both Region A to facilitate recognition. and Region B; red aids to navigation

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display even numbers, and green aids (3) Safe Water Marks display a white display odd numbers. Morse Code ‘‘A’’ rhythm (short-long flash). [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88–018, 54 FR 48608, Nov. 24, (4) Isolated Danger Marks display a 1989] white group flashing two. (5) Special Marks display yellow § 62.45 Light characteristics. lights with fixed or slow flashing (a) Lights on aids to navigation are rhythm preferred. differentiated by color and rhythm. (6) Mooring Buoys and Information Lighthouses and range lights may dis- and Regulatory Marks display white play distinctive light characteristics to lights of various rhythms. facilitate recognition. No special sig- (7) For situations where lights re- nificance should be attached to the quire a distinct cautionary signifi- color or rhythm of such lights. Other cance, as at sharp turns, sudden chan- lighted aids to navigation employ light nel constrictions, wrecks, or obstruc- characteristics to convey additional in- tions, a quick flashing light rhythm (60 formation. flashes per minute) may be used. (b) When proceeding in the Conven- (e) Occasionally lights use sectors to tional Direction of Buoyage, aids to mark shoals or warn mariners of other navigation, if lighted, display light dangers. Lights so equipped show one characteristics as follows: color from most directions and a dif- (1) Green lights mark port (left) sides ferent color or colors over definite arcs of channels and locations of wrecks or of the horizon as indicated on the ap- obstructions which are to be passed by propriate nautical chart. These sectors keeping these lights on the port (left) provide approximate bearing informa- hand of a vessel. Green lights are also tion since the observer should note a used on Preferred Channel Marks change of color as the boundary be- where the topmost band is green. tween the sectors is crossed. As sector (2) Red lights mark starboard (right) bearings are not precise, they should be sides of channels and locations of considered a warning only and not used wrecks or obstructions which are to be to determine exact bearing to the passed by keeping these lights on the light. starboard (right) hand of a vessel. Red (f) Aids to navigation may be fitted lights are also used on Preferred Chan- with light-reflecting material to in- nel Marks where the topmost band is crease their visibility in darkness. red. Green or red reflective material is used (3) Certain lights marking the Intra- only on marks which, if lighted, would coastal Waterway may display reversed exhibit a light of that color. Yellow re- lateral significance. See § 62.49. flective material is used on special (c) Yellow lights have no lateral sig- marks and on Intracoastal Waterway nificance. Except on the Western Riv- marks. No significance is attached to ers, see § 62.51, white lights have no lat- white reflective material. eral significance. The purpose of aids [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as exhibiting white or yellow lights may amended by CGD 88–018, 54 FR 48608, Nov. 24, be determined by their shape, color, 1989; CGD 97–018, 63 FR 33573, June 19, 1998] letters or numbers, and the light rhythm employed. § 62.47 Sound signals. (d) Light rhythms, except as noted in (a) Often sound signals are located on § 62.51 for the Western Rivers, are em- or adjacent to aids to navigation. When ployed as follows: visual signals are obscured, sound sig- (1) Aids with lateral significance dis- nals warn mariners of the proximity of play regularly flashing or regularly danger. occulting light rhythms. Ordinarily, (1) Sound signals are distinguished by flashing lights (frequency not exceed- their tone and phase characteristics. ing 30 flashes per minute) will be used. (i) Tones are determined by the de- (2) Preferred Channel Marks display a vices producing the sound (i.e., composite group flashing light rhythm diaphones, diaphragm horns, reed (groups of two flashes followed by one horns, sirens, whistles, bells and flash). gongs).

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(ii) Phase characteristics are defined terway in a southerly direction on the by the signal’s sound pattern, i.e., the Atlantic Coast, in a westerly direction number of blasts and silent periods per on the Okeechobee Waterway, or in a minute and their durations. Sound sig- westerly direction along the Gulf nals emanating from fixed structures Coast. generally produce a specific number of [CGD 86–031, 52 FR 42640, Nov. 6, 1987; CGD 86– blasts and silent periods each minute 031, 52 FR 46351, Dec. 5, 1987] when operating. Buoy sound signals are generally actuated by the motion of § 62.51 Western Rivers Marking Sys- the sea and therefore do not emit a reg- tem. ular signal characteristic. (a) A variation of the standard U.S. (2) Where no live watch is main- aids to navigation system described tained, sound signals are normally op- above is employed on the Mississippi erated continuously. However, some River and tributaries above Baton are equipped with fog detectors which Rouge, LA and on certain other rivers activate sound signals when visibility which flow toward the Gulf of Mexico. falls below a predetermined limit. (b) The Western Rivers System varies (b) Mariners should not rely solely on from the standard U.S. system as fol- sound signals to determine their posi- lows: tions for the following reasons: (1) Buoys are not numbered. (1) Distance cannot be accurately de- (2) Numbers on beacons do not have termined by sound intensity. odd/even lateral significance but, rath- (2) Occasionally sound signals may er, indicate mileage from a fixed point not be heard in areas close to their lo- (normally the river mouth). cation. (3) Diamond-shaped non-lateral (3) Signals may not sound in cases dayboards, checkered red-and-white or where fog exists close to, but not at, green-and-white, similar to those used the location of the sound signal. in the U.S. Aids to Navigation System, (4) As buoy signals are generally acti- as appropriate, are used as crossing vated by sea motion, they may produce dayboards where the river channel no signals when seas are calm. crosses from one bank to the other. (5) As previously noted, buoy posi- (4) Lights on green buoys and on bea- tions are not always reliable. Therefore cons with green daymarks show a sin- their sound signals cannot be assumed gle flash which may be green or white. to be emanating from a fixed position. (5) Lights on red buoys and on beacons with red daymarks show a double § 62.49 Intracoastal Waterway identi- flash [Group Flashing (2)] which may fication. be red or white. (a) In addition to the conventional (6) Isolated danger marks are not signals, aids to navigation marking the used. Intracoastal Waterway exhibit unique [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as yellow symbols to distinguish them amended by CGD–94–091, 61 FR 27782, June 3, from aids marking other waters. 1996; USCG–2001–9286, 66 FR 33640, June 25, (1) Yellow triangles indicate that 2001] aids to navigation so marked should be passed keeping them on the starboard § 62.53 Racons. (right) hand of a vessel, regardless of (a) Aids to navigation may be en- the aid’s number, color, or light color. hanced by the use of radar beacons (2) Yellow squares indicate that aids (racons). Racons, when triggered by a to navigation so marked should be radar signal, will transmit a coded passed keeping them on the port (left) reply to the interrogating radar. This hand of a vessel, regardless of the aid’s reply serves to identify the aid station number, color, or light color. by exhibiting a series of dots and (3) A horizontal yellow band provides dashes which appear on the radar dis- no lateral information, but simply play in a line emanating radially from identifies aids to navigation as mark- just beyond the echo of the aid station. ing the Intracoastal Waterway. Although racons may be used on both (b) The above guidelines apply for laterally significant and non-laterally vessels traversing the Intracoastal Wa- significant aids alike, the racon signal

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itself is for identification purposes it is not possible to maintain every aid only, and therefore carries no lateral operating properly and on its charted significance. position at all times. Marine safety (b) Racons are also used as bridge will be enhanced if persons finding aids marks to mark the best point of pas- missing, sunk, capsized, damaged, off sage. station, or showing characteristics other than those advertised in the § 62.54 Ownership identification. Light List, or other publication, Ownership identification on private promptly inform the Coast Guard. or state aids to navigation is permitted When making the report to the Coast so long as it does not change or hinder Guard the mariner should consult the an understanding of the meaning of the Light List to ensure the correct geo- aid to navigation. graphical information is used due to the similarity of names and geo- [CGD 97–018, 63 FR 33573, June 19, 1998] graphical areas. (c) Procedures for reporting defects Subpart C [Reserved] and discrepancies: (1) Radio messages should be prefixed Subpart D—Public Participation in ‘‘Coast Guard’’ and transmitted di- the Aids to Navigation System rectly to a Government shore radio station listed in Chapter three of Radio § 62.63 Recommendations. Navigation Aids Publication, 117, for (a) The public may recommend relay to the relevant District Com- changes to existing aids to navigation, mander. request new aids or the discontinuation (2) Telephone, e-mail, or facsimile of existing aids, and report aids no messages may also be used to advise longer necessary for maritime safety. the nearest Coast Guard unit of defects These recommendations should be sent or discrepancies in aids to navigation. to the appropriate District Com- (3) Via our Web portal at http:// mander. www.navcen.uscg.gov. (b) Recommendations, requests and [CGD 86–031, 52 FR 42640, Nov. 6, 1987, as reports should be documented with as amended by USCG–2000–7223, 65 FR 40054, much information as possible to justify June 29, 2000; USCG–2001–9286, 66 FR 33640, the proposed action. Desirable informa- June 25, 2001; USCG–2001–10714, 69 FR 24982, tion includes: May 5, 2004; USCG–2008–0179, 73 FR 35002, (1) Nature of the vessels which tran- June 19, 2008] sit the area(s) in the question, including type, displacement, draft, and num- PART 64—MARKING OF STRUC- ber of passengers and crew. TURES, SUNKEN VESSELS AND (2) Where practicable, the kinds of OTHER OBSTRUCTIONS navigating devices used aboard such vessels (e.g, magnetic or gyro com- Subpart A—General passes, radio direction finders, radar, Sec. loran, and searchlights). 64.01 Purpose. (3) A chartlet or sketch describing 64.03 Scope. the actual or proposed location of the 64.06 Definition of terms. aid(s), and a description of the action requested or recommended. Subpart B—Sunken Vessels and Other Obstructions § 62.65 Procedure for reporting defects and discrepancies. 64.11 Marking and notification requirements. (a) Mariners should notify the near- 64.13 Approval of markings. est Coast Guard facility immediately 64.16 Duration of marking on sunken ves- of any observed aids to navigation de- sels in navigable waters. fects or discrepancies. (b) The Coast Guard cannot monitor Subpart C—Structures the many thousands of aids in the U.S. 64.21 Marking and notification require- Aids to Navigation System simulta- ments. neously and continuously. As a result, 64.23 Duration of marking on structures.

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Subpart D—Miscellaneous Provisions sents sufficient danger to navigation so as to require expeditious, affirmative 64.31 Determination of hazard to naviga- action such as marking, removal, or re- tion. 64.33 Marking by the Coast Guard. definition of a designated waterway to provide for navigational safety. AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 409, 1231; High seas means those waters de- 42 U.S.C. 9118; 43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.1. scribed in § 2.32(c) of this chapter. Markings means the lights and other SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, signals placed on or near structures, 1983, unless otherwise noted. sunken vessels, and other obstructions for the protection of navigation. Subpart A—General Navigable waters of the United States means those waters described in SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, § 2.36(a) of this chapter, specifically in- 1983, unless otherwise noted. Redesignated cluding the waters described in by CGD 91–031, 57 FR 43402, Sept. 21, 1992. § 2.22(a)(2) of this chapter. § 64.01 Purpose. Obstruction means anything that restricts, endangers, or interferes with This part prescribes rules relating to navigation. the marking of structures, sunken ves- Structures means any fixed or floating sels and other obstructions for the pro- obstruction, intentionally placed in the tection of maritime navigation. water, which may interfere with or re- § 64.03 Scope. strict marine navigation. (a) Except as provided in paragraph [CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redes- (b) of this section these rules apply to: ignated and amended by CGD 91–031, 57 FR (1) Structures located in or over wa- 43402, Sept. 21, 1992; USCG–2001–9044, 68 FR 42601, July 18, 2003; USCG–2007–27887, 72 FR ters subject to the jurisdiction of the 45902, Aug. 16, 2007] United States and, on the high seas, structures owned or operated by persons subject to the jurisdiction of the Subpart B—Sunken Vessels and United States; Other Obstructions (2) Sunken vessels in the navigable waters or waters above the continental SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, shelf of the United States; and 1983, unless otherwise noted. Redesignated (3) Other obstructions existing on or by CGD 91–031, 57 FR 43402, Sept. 21, 1992. in the navigable waters or waters above the continental shelf of the § 64.11 Marking and notification re- United States. quirements. (b) The following obstructions are ex- (a) The owner of a vessel, raft, or empt from the requirements of this other craft wrecked and sunk in a navi- part: gable channel shall mark it imme- (1) Dredging pipelines subject to Sub- diately with a buoy or daymark during chapter D of this chapter; the day and with a light at night. The (2) Bridges subject to Subchapter J of owner of a sunken vessel, raft, or other this chapter; obstruction that otherwise constitutes (3) Vessels subject to the Inter- a hazard to navigation shall mark it in national Regulations for preventing accordance with this subchapter. Collisions at Sea, 1972 (1972 COLREGS) (b) Owners of vessels sunk in waters or the Inland Navigation Rules; subject to the jurisdiction of the (4) Deepwater port facilities subject United States or sunk on the high seas, to subchapter NN of this chapter; and if the owner is subject to the jurisdic- (5) Artificial islands and structures tion of the United States, shall subject to Part 67 of this subchapter. promptly report to the District Com- mander, in whose jurisdiction the ob- § 64.06 Definition of terms. struction is located, the action they As used in this part: are taking to mark the sunken vessel, Hazard to navigation means an ob- giving the following information (in struction, usually sunken, that pre- addition to the information required by

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46 CFR 4.05, Notice of Marine Casualty Subpart C—Structures and Voyage Records): (1) Name and description of the sunk- SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, en vessel; 1983, unless otherwise noted. Redesignated (2) Accurate description of the loca- by CGD 91–031, 57 FR 43402, Sept. 21, 1992. tion of the vessel; (3) Depth of water over the vessel; § 64.21 Marking and notification re- and quirements. (4) Location and type of marking es- Before establishing a structure, the tablished, including color and shape of owner or operator shall apply for Coast buoy or other daymark and char- Guard authorization to mark the struc- acteristic of the light. ture in accordance with § 66.01–5 of this (c) Owners of other obstructions may chapter. The appropriate District Com- report the existence of such obstruc- mander will determine the marking re- tions and mark them in the same man- quirements. ner as prescribed for sunken vessels. (d) Owners of marine pipelines that § 64.23 Duration of marking on struc- are determined to be hazards to naviga- tures. tion shall report and mark the haz- Markings determined to be required ardous portion of those pipelines in ac- shall be established and maintained cordance with 49 CFR parts 192 or 195, until: as applicable. (a) The structure is removed; or (b) Otherwise directed by the District [CGD 78–156, 48 FR 11267, Mar. 17, 1983. Redes- ignated and amended by CGD 91–031, 57 FR Commander. 43402, Sept. 21, 1992; USCG–1998–3799, 63 FR 35526, June 30, 1998; USCG–2006–25150, 71 FR Subpart D—Miscellaneous 39208, July 12, 2006] Provisions § 64.13 Approval of markings. SOURCE: CGD 78–156, 48 FR 11267, Mar. 17, (a) All markings of sunken vessels 1983, unless otherwise noted. Redesignated and other obstructions established in by CGD 91–031, 57 FR 43402, Sept. 21, 1992. accordance with § 64.11 must be reported to and approved by the appro- § 64.31 Determination of hazard to priate District Commander. navigation. (b) Should the District Commander In determining whether an obstruc- determine that these markings are in- tion is a hazard to navigation for the consistent with Part 62 of this sub- purposes of marking, the District Com- chapter, they must be replaced as soon mander considers, but is not limited to, as practicable with approved markings. the following factors: (a) Location of the obstruction in re- [ CGD 78–156, 48 FR 11267, Mar. 17, 1983. Re- designated by CGD 91–031, 57 FR 43402, Sept. lation to the navigable channel and 21, 1992, and amended by USCG–2001–9286, 66 other navigational traffic patterns; FR 33640, June 25, 2001] (b) Navigational difficulty in the vicinity of the obstruction; § 64.16 Duration of marking on sunken (c) Depth of water over the obstruc- vessels in navigable waters. tion, fluctuation of the water level, and Markings shall be maintained until: other hydrologic characteristics in the (a) The sunken vessel or other ob- area; struction is removed; or (d) Draft, type, and density of vessel (b) The right of the owner to abandon traffic or other marine activity in the is legally established and exercised. vicinity of the obstruction; (e) Physical characteristics of the ob- NOTE: Notices of abandonment of sunken struction; vessels or other obstructions will not be ac- (f) Possible movement of the obstruc- cepted by the Coast Guard. Any notice of intention to abandon should be addressed to tion; the District Engineer, Corps of Engineers, (g) Location of the obstruction in re- U.S. Army, within whose district the sunken lation to other obstructions or aids to vessel or other obstruction is located. navigation;

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(h) Prevailing and historical weather 66.01–15 Action by Coast Guard. conditions; 66.01–20 Inspection. (i) Length of time that the obstruc- 66.01–25 Discontinuance and removal. tion has been in existence; 66.01–30 Corps of Engineers’ approval. (j) History of vessel incidents involv- 66.01–40 Exemptions. ing the obstruction; and 66.01–45 Penalties. 66.01–50 Protection of private aids to navi- (k) Whether the obstruction is de- gation. fined as a hazard to navigation under 66.01–55 Transfer of ownership. other statutes or regulations. [CGD 91–031, 57 FR 43403, Sept. 21, 1992] Subpart 66.05—State Aids to Navigation 66.05–1 Purpose. § 64.33 Marking by the Coast Guard. 66.05–5 Definitions. (a) The District Commander may 66.05–10 State waters for private aids to mark for the protection of maritime navigation; designations; revisions, and navigation any structure, sunken ves- revocations. sel or other obstruction that is not 66.05–20 Coast Guard-State agreements. suitably marked by the owner. Mark- 66.05–25 Change and modification of State aids to navigation. ings established by the Coast Guard do 66.05–30 Notice to Mariners. not relieve the owner’s duty or respon- 66.05–35 Private aids to navigation other sibility to mark the sunken vessel or than State owned. other obstruction, or to remove it as 66.05–40 Corps of Engineers’ approval. required by law. 66.05–100 Designation of navigable waters as (b) Costs for markings established by State waters for private aids to naviga- the Coast Guard will be determined in tion. accordance with part 74 of this Chap- ter. Subpart 66.10—Uniform State Waterway (c) Costs for marking of a sunken Marking System vessel or other obstruction shall be 66.10–1 General. charged to the owner and shall con- 66.10–5—66.10–10 [Reserved] tinue until: 66.10–15 Aids to navigation. (1) The vessel or other obstruction is 66.10–35 Navigation lights. removed; AUTHORITY: 14 U.S.C. 83, 84, 85; 43 U.S.C. (2) The right of the owner to abandon 1333; Pub. L. 107–296, 116 Stat. 2135; Depart- is legally established and has been ex- ment of Homeland Security Delegation No. ercised; or 0170.1. (3) The District Commander directs otherwise. Subpart 66.01—Aids to Navigation NOTE: When the needs of navigation per- Other Than Federal or State mit, the owner may be given reasonable opportunity to establish and maintain the nec- SOURCE: CGFR 68–152, 33 FR 19816, Dec. 27, essary markings. 1968, unless otherwise noted.

PART 66—PRIVATE AIDS TO § 66.01–1 Basic provisions. NAVIGATION (a) No person, public body, or instrumentality not under the control of the Subpart 66.01—Aids to Navigation Other Commandant, exclusive of the Armed Than Federal or State Forces, will establish and maintain, Sec. discontinue, change or transfer owner- 66.01–1 Basic provisions. ship of any aid to maritime navigation, 66.01–3 Delegation of authority to District without first obtaining permission to Commanders. do so from the Commandant. 66.01–5 Application procedure. (b) For the purposes of this subpart, 66.01–10 Characteristics. the term private aids to navigation in- 66.01–11 Lights. cludes all marine aids to navigation 66.01–12 May I continue to use the private aid to navigation I am currently using? operated in the navigable waters of the 66.01–13 When must my newly manufactured United States other than those oper- equipment comply with these rules? ated by the Federal Government (part 66.01–14 Label affixed by manufacturer. 62 of this subchapter) or those operated

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in State waters for private aids to (a) The proposed position of the aid navigation (subpart 66.05). to navigation by two or more hori- (c) Coast Guard authorization of a zontal angles, bearings and distance private aid to navigation does not au- from charted landmarks, or the lati- thorize any invasion of private rights, tude and longitude as determined by nor grant any exclusive privileges, nor GPS or differential GPS. Attach a sec- does it obviate the necessity of com- tion of chart or sketch showing the plying with any other Federal, State or proposed position. local laws or regulations. (b) The name and address of the per- (d) With the exception of radar bea- son at whose expense the aid will be cons (racons) and shore based radar maintained. stations, operation of electronic aids to (c) The name and address of the per- navigation as private aids will not be son who will maintain the aid to navi- authorized. gation. (d) The time and dates during which [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as it is proposed to operate the aid. amended by CGD 85–057, 51 FR 11448, Apr. 3, 1986; USCG–2009–0416, 74 FR 27437, June 10, (e) The necessity for the aid. 2009; USCG–2012–0306, 77 FR 37312, June 21, (f) For lights: The color, char- 2012] acteristic, range, effective intensity, height above water, and description of § 66.01–3 Delegation of authority to illuminating apparatus. Attach a copy District Commanders. of the manufacturer’s data sheet to the (a) Under Section 888 of Pub. L. 107– application. 296, 116 Stat. 2135, the Commandant (g) For sound signals: Type (whistle, delegates to the District Commanders horn, bell, etc.) and characteristic. within the confines of their respective (h) For buoys or daybeacons: Shape, districts (see Part 3 of this chapter for color, number, or letter, depth of water descriptions) the authority to grant in which located or height above water. permission to establish and maintain, (i) For racons: Manufacturer and discontinue, change or transfer owner- model number of racon, height above ship of private aids to maritime navi- water of desired installation, and re- gation, and otherwise administer the quested coding characteristic. Equip- requirements of this subpart. ment must have FCC authorization. (b) The decisions of the District Com- [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as mander may be appealed within 30 days amended by CGD 85–057, 51 FR 11448, Apr. 3, from the date of decision. The decision 1986; USCG–2000–7466, 68 FR 68238, Dec. 8, 2003; of the Commandant in any case is USCG–2000–7466, 69 FR 12541, Mar. 17, 2004; final. USCG–2001–10714, 69 FR 24982, May 5, 2004; USCG–2008–0179, 73 FR 35002, June 19, 2008; [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as USCG–2012–0306, 77 FR 37312, June 21, 2012] amended by USCG–1998–3799, 63 FR 35526, June 30, 1998; USCG–2003–14505, 68 FR 9535, § 66.01–10 Characteristics. Feb. 28, 2003] The characteristics of a private aid § 66.01–5 Application procedure. to navigation must conform to those prescribed by the United States Aids to To establish and maintain, dis- Navigation System set forth in subpart continue, change, or transfer owner- B of part 62 of this subchapter. ship of a private aid to navigation, you must apply to the Commander of the [USCG–2000–7466, 68 FR 68238, Dec. 8, 2003] Coast Guard District in which the aid is or will be located. You can find ap- § 66.01–11 Lights. plication form CG–2554 at http:// (a) Except for range and sector www.uscg.mil/forms/ lights, each light approved as a private formlpublicluse.asp. You must com- aid to navigation must: plete all parts of the form applicable to (1) Have at least the effective inten- the aid concerned, and must forward sity required by this subpart the application to the District Com- omnidirectionally in the horizontal mander. You must include the fol- plane, except at the seams of its lens- lowing information: mold.

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(2) Have at least 50% of the effective (6) Have a recommended interval for intensity required by this subpart replacement of the source of light that within ±2° of the horizontal plane. ensures that the lantern meets the (3) Have a minimum effective inten- minimal required intensity stated in sity of at least 1 candela for a range of paragraph (a)(3) of this section in case 1 nautical mile, 3 candelas for one of 2 of degradation of either the source of nautical miles, 10 candelas for one of 3 light or the lens. nautical miles, and 54 candelas for one (7) Have autonomy of at least 10 days of 5 nautical miles. The District Com- if the light has a self-contained power mander may change the requirements system. Power production for the pro- for minimum intensity to account for spective position should exceed the local environmental conditions. For a load during the worst average month of flashing light this intensity is deter- insolation. The literature concerning mined by the following formula: the light must clearly state the operating limits and service intervals. Low- Ie=G/(0.2+t ¥t ) 2 1 voltage disconnects used to protect the Where: battery must operate so as to prevent Ie = Effective intensity sporadic operation at night. G = The integral of the instantaneous inten- (b) The manufacturer of each light sity of the flashed light with respect to approved as a private aid to navigation time must certify compliance by means of t1 = Time in seconds at the beginning of the an indelible plate or label affixed to flash the aid that meets the requirements of t2 = Time in seconds at the end of the flash § 66.01–14. t2¥t1 is greater than or equal to 0.2 seconds. [USCG–2000–7466, 68 FR 68238, Dec. 8, 2003] (4) Unless the light is a prefocused lantern, have a means of verifying that § 66.01–12 May I continue to use the the source of the light is at the focal private aid to navigation I am cur- point of the lens. rently using? (5) Emit a color within the angle of If, after March 8, 2004, you modify, 50% effective intensity with color co- replace, or install any light that re- ordinates lying within the boundaries quires a new application as described in defined by the corner coordinates in § 66.01–5, you must comply with the Table 66.01–11(5) of this part when plot- rules in this part. ted on the Standard Observer Diagram of the International Commission on Il- [USCG–2000–7466, 68 FR 68239, Dec. 8, 2003] lumination (CIE). § 66.01–13 When must my newly manufactured equipment comply with TABLE 66.01–11(5)—COORDINATES OF these rules? CHROMATICITY After March 8, 2004, equipment manu- Coordinates of factured for use as a private aid to Color chromaticity navigation must comply with the rules x axis y axis in this part. White ...... 0.500 0.382 [USCG–2000–7466, 68 FR 68239, Dec. 8, 2003] 0.440 0.382 0.285 0.264 § 66.01–14 Label affixed by manufac- 0.285 0.332 turer. 0.453 0.440 0.500 0.440 (a) Each light, intended or used as a Green ...... 0.305 0.689 private aid to navigation authorized by 0.321 0.494 0.228 0.351 this part, must bear a legible, indelible 0.028 0.385 label (or labels) affixed by the manu- Red ...... 0.735 0.265 facturer and containing the following 0.721 0.259 information: 0.645 0.335 0.665 0.335 (1) Name of the manufacturer. Yellow ...... 0.618 0.382 (2) Model number. 0.612 0.382 (3) Serial number. 0.555 0.435 (4) Words to this effect: ‘‘This equip- 0.560 0.440 ment complies with requirements of

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the U.S. Coast Guard in 33 CFR part navigation required by statute or regu- 66.’’ lation (Class I, § 66.01–15) without first (b) This label must last the service obtaining permission to do so from the life of the equipment. District Commander. (c) The manufacturer must provide (b) Any authorized private aid to the purchaser a data sheet containing navigation not required by statute or the following information: regulation (Classes II and III, § 66.01–15) (1) Recommended service life based may be discontinued and removed by on the degradation of either the source the owner after 30 days’ notice to the of light or the lamp. District Commander to whom the (2) Range in nautical miles. original request for authorization for (3) Effective intensity in candela. establishment of the aid was sub- (4) Size of lamp (incandescent only). mitted. (5) Interval, in days or years, for re- (c) Private aids to navigation which placement of dry-cell or rechargeable have been authorized pursuant to this battery. part shall be discontinued and removed without expense to the United States [USCG–2000–7466, 68 FR 68239, Dec. 8, 2003] by the person, public body or instrumentality establishing or maintaining § 66.01–15 Action by Coast Guard. such aids when so directed by the Dis- (a) The District Commander receiv- trict Commander. ing the application will review it for completeness and will assign the aid § 66.01–30 Corps of Engineers’ ap- one of the following classifications: proval. Class I: Aids to navigation on marine (a) Before any private aid to naviga- structures or other works which the tion consisting of a fixed structure is owners are legally obligated to estab- placed in the navigable waters of the lish, maintain and operate as pre- United States, authorization to erect scribed by the Coast Guard. such structure shall first be obtained Class II: Aids to navigation exclusive from the District Engineer, U.S. Army of Class I located in waters used by Corps of Engineers in whose district general navigation. the aid will be located. Class III: Aids to navigation exclu- (b) The application to establish any sive of Class I located in waters not or- private aid to navigation consisting of dinarily used by general navigation. a fixed structure shall show evidence of (b) Upon approval by the District the required permit having been issued Commander, a signed copy of the appli- by the Corps of Engineers. cation will be returned to the applicant. Approval for the operation of § 66.01–40 Exemptions. radar beacons (racons) will be effective (a) Nothing in the preceding sections for an initial two year period, then sub- of this subpart shall be construed to ject to annual review without further interfere with or nullify the require- submission required of the owner. ments of existing laws and regulations pertaining to the marking of struc- [CGFR 68–152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85–057, 51 FR 11448, Apr. 3, tures, vessels and other obstructions 1986] sunken in waters subject to the jurisdiction of the United States (Part 64 of § 66.01–20 Inspection. this subchapter), the marking of artifi- All classes of private aids to naviga- cial islands and structures which are tion shall be maintained in proper op- erected on or over the seabed and sub- erating condition. They are subject to soil of the Outer Continental Shelf inspection by the Coast Guard at any (Part 67 of this subchapter), or the time and without prior notice. lighting of bridges over navigable waters of the United States (Subchapter J § 66.01–25 Discontinuance and re- of this subchapter). moval. (b) Persons marking bridges pursuant (a) No person, public body or instru- to Subchapter J of this title are ex- mentality shall change, move or dis- empted from the provisions of § 66.01–5. continue any authorized private aid to [CGD 78–156, 48 FR 11268, Mar. 17, 1983]

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§ 66.01–45 Penalties. of the aid, the former owner shall be required to remove the aid without ex- Any person, public body or instru- pense to the United States. This re- mentality, excluding the armed forces, quirement shall not apply in the case who shall establish, erect or maintain of any authorized private aid to navi- any aid to maritime navigation with- gation required by statute or regula- out first obtaining authority to do so tion (Class I, § 66.01–15) which shall be from the Coast Guard, with the excep- maintained by the new owner until the tion of those established in accordance conditions which made the aid nec- with § 64.11 of this chapter, or who shall essary have been eliminated. violate the regulations relative thereto issued in this part, is subject to the provisions of 14 U.S.C. 83. Subpart 66.05—State Aids to Navigation [CGD 78–156, 48 FR 11268, Mar. 17, 1983, as amended by USCG–2008–0179, 73 FR 35002, June 19, 2008] SOURCE: CGFR 66–32, 31 FR 10320, July 30, 1966, unless otherwise noted. § 66.01–50 Protection of private aids to navigation. § 66.05–1 Purpose. Private aids to navigation lawfully The purpose of the regulations in this maintained under these regulations are subpart is to prescribe the conditions entitled to the same protection against under which state governments may interference or obstruction as is af- regulate aids to navigation owned by forded by law to Coast Guard aids to state or local governments, or private navigation (Part 70 of this subchapter). parties. With the exception on the pro- If interference or obstruction occurs, a visions of subpart 66.10, which are valid prompt report containing all the evi- until December 31, 2003, aids to naviga- dence available should be made to the tion must be in accordance with the Commander of the Coast Guard Dis- United States Aids to Navigation Sys- trict in which the aids are located. tem in part 62 of this subchapter. [CGD 97–018, 63 FR 33573, June 19, 1998] § 66.01–55 Transfer of ownership. (a) When any private aid to naviga- § 66.05–5 Definitions. tion authorized by the District Com- (a) The term State waters for private mander, or the essential real estate or aids to navigation means those navi- facility with which the aid is associ- gable waters of the United States ated, is sold or transferred, both par- which the Commandant, upon request ties to the transaction shall submit ap- of a State Administrator, has des- plication (§ 66.01–5) to the Commander ignated as waters within which a State of the Coast Guard District in which government may regulate the estab- the aid is located requesting authority lishment, operation, and maintenance to transfer responsibility for mainte- of marine aids to navigation, including nance of the aid. regulatory markers. The Commandant (b) The party relinquishing responsi- will entertain requests to make such bility for maintenance of the private designations with respect to navigable aid to navigation shall indicate on the waters of the United States not application form (CG–2554) both the marked by the Federal government. discontinuance and the change of own- These designations when approved will ership of the aid sold or transferred. be set forth in separate sections by (c) The party accepting responsibility States in this subpart and will briefly for maintenance of the private aid to describe or identify waters so des- navigation shall indicate on the appli- ignated. cation form (CG–2554) both the estab- (b) The term Uniform State Water- lishment and the change of ownership way Marking System (USWMS) means of the aid sold or transferred. the system of private aids to naviga- (d) In the event the new owner of the tion which may be operated in State essential real estate or facility with waters. Subpart 66.10, which describes which the aid is associated refuses to the USWMS, expires on December 31, accept responsibility for maintenance 2003.

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(c) The term State Administrator quest with recommendations and a means the official of a State having statement of the points agreed upon power under the law of the State to and the points remaining at issue. regulate, establish, operate or main- (d) Upon receipt of the request, the tain maritime aids to navigation on Commandant will determine whether waters over which the State has juris- or not approval of the request is in the diction. public interest and will inform the (d) The term State aids to navigation State Administrator and the District means all private marine aids to navi- Commander of the Coast Guard’s deci- gation operated in State waters for pri- sion. If the request is approved, the vate aids to navigation, whether owned designation by the Commandant of the by a State, political subdivisions there- waters in question as State waters for of or by individuals, corporations, or private aids to navigation will be also organizations. defined and described in this subpart. (e) The term regulate State maritime (e) The Commandant may, upon his aids to navigation means to control the or her own initiative or upon request, establishment, disestablishment, oper- revoke or revise any designations of ation and maintenance of State aids to State waters for private aids to naviga- navigation. tion previously made by him or her. Written notice shall be given the State [CGFR 66–32, 31 FR 10320, July 30, 1966, as Administrator of the action con- amended by CGD 97–018, 63 FR 33573, June 19, 1998] templated by the Commandant. The State Administrator will be afforded a § 66.05–10 State waters for private aids period of not less than 30 days from the to navigation; designations; revi- date of the notice in which to inform sions, and revocations. the Commandant of the State’s views (a) A State Administrator who de- in the matter before final action is sires to regulate State maritime aids completed to revoke or revise such des- to navigation in the navigable waters ignation. of the United States not marked by the [CGFR 66–32, 31 FR 10320, July 30, 1966, as Federal Government, shall request the amended by USCG–2001–10714, 69 FR 24982, Commandant to designate the specific May 5, 2004] bodies of water involved as State waters for private aids to navigation. § 66.05–20 Coast Guard-State agree- (b) The request shall be forwarded to ments. the District Commander in whose dis- (a) The District Commander in whose trict the bodies of water are located. District a waterway is located may The request shall give the name and enter into agreements with State Ad- description of the waterway; the extent ministrators permitting a State to reg- of use being made of the waterway for ulate aids to navigation, including reg- marine navigation, in general terms; ulatory markers, in State waters for an appropriate chart or sketch of the private aids to navigation, as, in the area; and a general outline of the na- opinion of the District Commander, the ture and extent of the State aids to State is able to do in a manner to im- navigation which the Administrator prove the safety of navigation. When a plans to establish in the waterway. waterway is located within the area of (c) The District Commander shall re- jurisdiction of more than one Coast view the request and consult with the Guard District, the District Com- State Administrator concerning the mander in whose District the State terms of an initial agreement to be en- capital is located shall execute the tered into under provisions of § 66.05–20. agreement in behalf of the Coast When they have arrived at terms of an Guard. All such agreements shall re- agreement satisfactory to both, the serve to the District Commander the District Commander shall forward the right to inspect the State aids to navi- request to the Commandant with rec- gation without prior notice to the ommendations and the terms of agree- State. They shall stipulate that State ment mutually settled upon. If they aids to navigation will conform to the cannot reach such agreement, the Dis- Uniform State Waterway marking Sys- trict Commander shall forward the re- tem or to the U.S. Aids to Navigation

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System and that the State Adminis- aids to navigation, he or she must in- trator will modify or remove State aids form the District Commander of the to navigation without expense to the nature and extent of the changes, as United States when so directed by the soon as possible, but not less than 30 District Commander, subject to the days in advance of making the changes. right of appeal on the part of the State [USCG–2001–10714, 69 FR 24982, May 5, 2004] Administrator to the Commandant. (b) A Coast Guard-State agreement § 66.05–30 Notice to Mariners. shall become effective when both par- (a) To improve public safety, the Dis- ties have signed the agreements. In trict Commander may publish informa- lieu of the procedure prescribed in tion concerning State aids to naviga- § 66.01–5, the agreement shall constitute tion, including regulatory markers, in blanket approval by the Commandant, the Coast Guard Local Notices to Mari- of the State aids to navigation, includ- ners. ing regulatory markers, established or (b) Notices to Mariners which con- to be established in State waters for cern the establishment, disestablish- private aids to navigation designated ment, or change of State aids to navi- or to be designated by the Com- gation, including regulatory markers, mandant. may be published whenever the aids to (c) In addition to the matters set navigation concerned are covered by forth in paragraph (a) of this section, navigational charts or maps issued by Coast Guard-State agreements shall the National Ocean Service or the U.S. cover the following points, together Army Corps of Engineers. with such other matters as the parties find it desirable to include: [CGFR 66–32, 31 FR 10320, July 30, 1966, as (1) A description, in sufficient detail amended by USCG–2000–7223, 65 FR 40055, for publication in Notices to Mariners, June 29, 2000; USCG–2001–9286, 66 FR 33640, June 25, 2001; USCG–2001–10714, 69 FR 24982, of all aids to navigations under State May 5, 2004] jurisdiction in navigable waters of the United States in existence prior to the § 66.05–35 Private aids to navigation effective date of the agreement which other than State owned. have not been previously approved (a) No person, public body or other under procedures of § 66.01–5. instrumentality not under control of (2) Procedures for use by the State the Commandant or the State Adminis- administrator to notify the District trator, exclusive of the Armed Forces Commander of changes made in State of the United States, shall establish, aids to navigation, as required by erect or maintain in State waters for § 66.05–25. private aids to navigation any aid to (3) If prior to December 21, 2003, spec- navigation without first obtaining per- ification of the marking system to be mission to do so from the State Admin- used, whether the U.S. Aids to Naviga- istrator. Discontinuance of any State tion System or the Uniform State Wa- aids to navigation may be effected by terway Marking System. order of the State Administrator. (4) Specification of standards as to minimum size and shape of markers, § 66.05–40 Corps of Engineers’ ap- the use of identifying letters, the use of proval. reflectors or retroreflective materials, (a) In each instance where a regu- and any other similar standards so as latory marker is to be established in to enable Coast Guard inspectors to de- navigable waters of the United States termine compliance with Statewide which have been designated by the standards. Commandant as State waters for pri- [CGD 86–031, 52 FR 42645, Nov. 6, 1987, as vate aids to navigation, the State Ad- amended by CGD 97–018, 63 FR 33573, June 19, ministrator is responsible for obtaining 1998] prior permission from the District En- gineer, U.S. Army Corps of Engineers § 66.05–25 Change and modification of concerned, authorizing the State to State aids to navigation. regulate the water area involved, or a Wherever a State Administrator de- statement that there is no objection to termines the need for change in State the proposed regulation of the water

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area. A copy of the Corps of Engineers (h) Virginia. (1) Claytor Lake, on the permit or letter of authority shall be New River in Pulaski County. provided by the Administrator to the (2) Leesville Lake, on the Roanoke District Commander upon request. River below Smith Mountain Dam. (b) Similarly, where an aid to naviga- (3) The portions of the following res- tion is to be placed on a fixed structure ervoirs within the State: or a mooring buoy is to be established (i) Gaston. in State waters for private aids to (ii) Holston. navigation, the State Administrator (iii) John H. Kerr. shall assure that prior permission or a statement of no objection to the struc- (iv) Philpott. tures or mooring buoys proposed is ob- (i) Wisconsin. Navigable waters with- tained from the District Engineer con- in the State not marked with Coast cerned. A copy of the permit or letter Guard aids to navigation as of May 1, is not required by the District Com- 1996. mander. [CGD 72–154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76–015, 41 FR 12879, Mar. 29, § 66.05–100 Designation of navigable 1976; CGD 80–132, 46 FR 27643, May 21, 1981; waters as State waters for private CGD 98–3604, 63 FR 55947, Oct. 20, 1998; USCG– aids to navigation. 2001–10714, 69 FR 24982, May 5, 2004] In accordance with the procedures contained in § 66.05–10(d), the following Subpart 66.10—Uniform State navigable waters listed by the State in which they are located, are designated Waterway Marking System as State waters for private aids to § 66.10–1 General. navigation: (a) Arizona. The portion of Lake (a) The Uniform State Waterway Havasu within the State, except that Marking System’s (USWMS) aids to portion within Havasu Lake National navigation provisions for marking Wildlife Refuge. channels and obstructions (see § 66.10– (b) Louisiana. The portion of Toledo 15) may be used in those navigable wa- Bend Reservoir within the State. ters of the U.S. that have been des- (c) Missouri. Teach water within the ignated as state waters for private aids State except the: to navigation and in those internal wa- (1) Mississippi River; and ters that are non-navigable waters of (2) Missouri River. the U.S. All other provisions for the (d) Montana. The portion of Missouri use of regulatory markers and other River between the U.S. Highway 287 aids to navigation must be in accord- bridge near Townsend and Great Falls ance with United States Aid to Naviga- including the following impoundments: tion System, described in part 62 of (1) Black Eagle Dam Reservoir. this subchapter. (2) Canyon Ferry Reservoir. (b) Until December 31, 2003, the Uni- (3) Hauser Lake. form State Waterway Marking Sys- (4) Holter Lake. tem’s (USWMS) aids to navigation pro- (5) Rainbow Dam Reservoir. visions for marking channels and ob- (e) North Carolina. Navigable waters structions may be used in those navi- within the State not marked with gable waters of the U.S. that have been Coast Guard aids to navigation on June designated as state waters for private 1, 1973. aids to navigation and in those inter- (f) Pennsylvania. The portion of nal waters that are non-navigable wa- Youghiogheny River Reservoir within ters of the U.S. All other provisions for the State. the use of regulatory markers and (f–1) South Carolina. (1) The portion of other aids to navigation shall be in ac- Lake Wylie within the State; (2) Lake cordance with United States Aid to Marion; (3) Lake Moultrie; and (4) Lake Navigation System, described in part Murray. 62 of this subchapter. (g) Texas. The portion of Toledo Bend Reservoir within the State.

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(c) The USATONS may be used in all (1) A white buoy with a red top may U.S. waters under state jurisdiction, be used to indicate to a vessel operator including non-navigable state waters. that the operator must pass to the south or west of the buoy. [CGD 97–018, 63 FR 33574, June 19, 1998, as (2) A white buoy with a black top amended by USCG–2012–0306, 77 FR 37312, may be used to indicate to a vessel op- June 21, 2012] erator that the operator must pass to §§ 66.10–5—66.10–10 [Reserved] the north or east of the buoy. (3) In addition, a buoy showing alter- § 66.10–15 Aids to navigation. nate vertical red and white stripes may be used to indicate to a vessel operator (a) USWMS aids to navigation may that an obstruction to navigation ex- have lateral or cardinal meaning. tends from the nearest shore to the (b) On a well defined channel includ- buoy and that the operator must not ing a river or other relatively narrow pass between the buoy and shore. The natural or improved waterway, an aid number of white and red stripes is dis- to navigation shall normally be a solid cretionary, provided that the white colored buoy. A buoy which marks the stripes are twice the width of the red left side of the channel viewed looking stripes. upstream or toward the head of navigation shall be colored all black. A buoy [CGFR 66–32, 31 FR 10321, July 30, 1966, as amended by CGD 97–018, 63 FR 33574, June 19, which marks the right side of the chan- 1998; USCG–2001–10714, 69 FR 24982, May 5, nel viewed looking upstream or toward 2004] the head of navigation shall be colored all red. On a well defined channel, solid § 66.10–35 Navigation lights. colored buoys shall be established in A red light shall only be used on a pairs, one on each side of the navigable solid colored red buoy. A green light channel which they mark, and opposite shall only be used on a solid colored each other to inform the user that the black or a solid colored green buoy. channel lies between the buoys and White lights shall be used for all other that the user should pass between the buoys. When a light is used on a car- buoys. dinal system buoy or a vertically (c) On an irregularly defined channel, striped white and red buoy, it shall al- solid colored buoys may be used singly ways be quick flashing. in staggered fashion on alternate sides of the channel provided they are spaced [CGD 97–018, 63 FR 33574, June 19, 1998] at sufficiently close intervals to inform the user that the channel lies between PART 67—AIDS TO NAVIGATION the buoys and that the user should pass ON ARTIFICIAL ISLANDS AND between the buoys. FIXED STRUCTURES (d) Where there is no well-defined channel or when a body of water is ob- Subpart 67.01—General Requirements structed by objects whose nature or lo- Sec. cation is such that the obstruction can 67.01–1 Scope. be approached by a vessel from more 67.01–5 Definitions. than one direction, supplemental aids 67.01–10 Delegation of functions. to navigation having cardinal meaning 67.01–15 Classification of structures. (i.e., pertaining to the cardinal points 67.01–20 Prescribing lines of demarcation. of the compass, north, east, south, and 67.01–30 Equivalents. west) may be used. The use of an aid to Subpart 67.05—General Requirements for navigation having cardinal meaning is Lights discretionary provided that the use of such a marker is limited to wholly 67.05–1 Arrangement of obstruction lights. State owned waters and the State wa- 67.05–5 Multiple obstruction lights. ters for private aids to navigation as 67.05–10 Characteristics of obstruction defined and described in this part. lights. 67.05–15 Operating periods of obstruction (e) Aids to navigation conforming to lights. the cardinal system shall consist of 67.05–20 Minimum lighting requirements. three distinctly colored buoys. 67.05–25 Special lighting requirements.

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Subpart 67.10—General Requirements for 67.50–45 Thirteenth Coast Guard District. Sound signals 67.50–50 Seventeenth Coast Guard District. 67.10–1 Apparatus requirements. AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 67.10–5 Location requirements. Department of Homeland Security Delega- 67.10–10 Operating requirements. tion No. 0170.1. 67.10–15 Approval of sound signals. SOURCE: CGFR 58–17, 23 FR 3377, May 20, 67.10–20 Sound signal tests. 1958, unless otherwise noted. 67.10–25 Application for tests. 67.10–30 Withdrawal of approval. EDITORIAL NOTE: Nomenclature changes to 67.10–35 Notice of approval and withdrawal part 67 appear at USCG–2001–10714, 69 FR of approval. 24983, 24984, May 5, 2004. 67.10–40 Sound signals authorized for use prior to January 1, 1973. Subpart 67.01—General Subpart 67.15—Miscellaneous Marking Requirements Requirements § 67.01–1 Scope. 67.15–1 Lights and signals on attendant vessels. (a) The regulations in this part pre- 67.15–5 Seismographic and surveying oper- scribe the obstruction lights and sound ations. signals to be operated as privately 67.15–10 Spoil banks, artificial islands, and maintained maritime aids to naviga- dredged channels. tion on the artificial islands and structures which are erected on or over the Subpart 67.20—Class ‘‘A’’ Requirements seabed and subsoil of the Outer Conti- 67.20–1 Class ‘‘A’’ structures. nental Shelf and in the waters under 67.20–5 Obstruction lights. the jurisdiction of the United States, 67.20–10 Sound signal. for the purpose of exploring for, developing, removing and transporting re- Subpart 67.25—Class ‘‘B’’ Requirements sources therefrom. 67.25–1 Class ‘‘B’’ structures. (b) Subpart 66.01 in Part 66 of this 67.25–5 Obstruction lights. subchapter shall be applicable to all 67.25–10 Sound signal. private aids to navigation erected on or over the Outer Continental Shelf in the Subpart 67.30—Class ‘‘C’’ Requirements same manner and to the same extent as 67.30–1 Class ‘‘C’’ structures. they are applicable to private aids to 67.30–5 Obstruction lights. navigation established, erected, or 67.30–10 Sound signals. maintained in the waters under the jurisdiction of the United States. Subpart 67.35—Applications 67.35–1 Procedure. § 67.01–5 Definitions. 67.35–5 Contents of application. (a) Structures. The term ‘‘structures’’ 67.35–10 Private aids to navigation. as used in this part shall include all 67.35–15 To whom addressed. fixed structures, temporary or perma- Subpart 67.40—Notification nent, for which a Corps of Engineers’ permit is issued. It shall include, but is 67.40–1 Notification to District Commander. not necessarily limited to, all drilling 67.40–5 Waivers. platforms, Mobile Offshore Drilling 67.40–10 Communication with owner. Units (MODUs) when attached to the 67.40–15 Marking at owner’s expense. bottom, production platforms, quarters 67.40–20 Charges invoiced to owner. 67.40–25 Penalty. platforms, pipe line riser platforms, manifold platforms, loading platforms, Subpart 67.50—District Regulations boat landings, caissons, well protective structures, tank battery barges sub- 67.50–1 Scope. merged on station, drilling barges sub- 67.50–5 First Coast Guard District. merged on location, breakwater barges 67.50–15 Fifth Coast Guard District. 67.50–20 Seventh Coast Guard District. submerged on location, artificial is- 67.50–25 Eighth Coast Guard District. lands and all other piles, pile clusters, 67.50–30 Ninth Coast Guard District. pipes, or structures erected in the wa- 67.50–35 Eleventh Coast Guard District. ters.

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(b) Class ‘‘A’’, ‘‘B’’, or ‘‘C’’ structures. permit to establish and operate lights The term ‘‘Class A, B, or C structures’’ and sound signals. refers to the classification assigned to (b) In general, where will the different structures erected in areas in which classes of structures be located? Specific corresponding requirements for mark- criteria in paragraph (c) of this section ing are prescribed. may create exceptions, but, in general, (c) Line of demarcation. The term structures the farthest from shore are ‘‘line of demarcation’’ means the divid- likely to be assigned to Class A and re- ing line used administratively to dis- quired to have obstruction lights and tinguish between the areas in which sound signals that can be detected structures shall conform to Class ‘‘A’’ from the farthest distance. Structures and Class ‘‘B’’ or ‘‘C’’ requirements. closest to shore are likely to be as- (d) Outer Continental Shelf. The term signed to Class C and, while subject to requirements to ensure that they are ‘‘Outer Continental Shelf’’ means all also detectable from a safe distance submerged lands lying seaward and away, will be required to have the least outside the area of lands beneath navi- powerful obstruction lights or sound gable waters as defined in the Sub- signals. The location and standards for merged Lands Act (sec. 2, 67 Stat. 29, 43 Class B structures will generally be in U. S. C. 1301), and of which the subsoil between Class A and C structures. and seabed appertain to the United (c) What criteria will be used to classify States and are subject to its jurisdic- structures? When assigning a structure tion and control. to a class, the District Commander will (e) Reliable operation. The term ‘‘reli- take into consideration whether a line able’’ as used in this part shall mean of demarcation has been prescribed, that dependability which will insure to and matters concerning, but not nec- the highest degree reasonably possible essarily limited to, the dimensions of the uninterrupted operation of lights the structure and the depth of water in and sound signals as private aids to which it is located, the proximity of navigation for safety of marine com- the structure to vessel routes, the na- merce. ture and amount of vessel traffic, and (f) Sound signal. The term ‘‘sound sig- the effect of background lighting. nal’’ as used in this part shall mean the (1) If a line of demarcation has been audible sound signal, authorized as a prescribed, the District Commander private aid to navigation, to mark a will assign those structures seaward of structure for the safety of marine com- the line of demarcation to Class A. He merce whenever the visibility has been or she will assign all structures shore- reduced by fog, mist, rain, falling snow, ward of the line of demarcation to ei- smoke, dust, or other phenomena. ther Class B or Class C, unless the Dis- trict Commander determines under [CGFR 58–17, 23 FR 3377, May 20, 1958, as § 67.05–25 that the structure should be amended by CGFR 63–18, 28 FR 4026, Apr. 14, 1963; USCG–2001–10714, 69 FR 24983, May 5, assigned to Class A because of the 2004] structure’s proximity to a navigable channel, fairway or line of demarca- § 67.01–10 Delegation of functions. tion. (2) If a line of demarcation has not The Coast Guard District Com- been prescribed, the District Com- mander may delegate the authority for mander will assign a structure to Class performing inspections, enforcement, A, B, or C as he or she deems appro- and administration of regulations to priate. any civilian or military position in the Coast Guard. [USCG–2001–10714, 69 FR 24983, May 5, 2004] [USCG–2001–10714, 69 FR 24983, May 5, 2004] § 67.01–20 Prescribing lines of demarcation. § 67.01–15 Classification of structures. The District Commander sends rec- (a) When will structures be assigned to ommendations for establishing or a Class? The District Commander will changing lines of demarcation to the assign structures to Class A, B, or C as Commandant. For the purposes of this part of processing an application for a part, when the Commandant approves

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of additions to or changes in prescribed ‘‘B’’ or ‘‘C’’ structure marked by estab- lines of demarcation, such additions or lished obstruction lights, but they changes will be published in the FED- shall be marked with red or white ERAL REGISTER and will become effec- retro-reflective material, installed as tive on the date specified in that publi- prescribed by the District Commander. cation. (f) All obstruction lights shall be installed in a manner which will permit [USCG–2001–10714, 69 FR 24983, May 5, 2004] at least one of them to be carried in § 67.01–30 Equivalents. sight of the mariner, regardless of the angle of approach, until the mariner is The use of alternate equipment, ap- within 50 feet of the structure, visi- paratus, or installation arrangements bility permitting. specified in this part may be permitted by the District Commander to such ex- [CGFR 58–17, 23 FR 3377, May 20, 1958, as tent and under such conditions as will amended by USCG–2001–10714, 69 FR 24983, May 5, 2004] result in achieving a degree of safety or compliance with these regulations § 67.05–5 Multiple obstruction lights. equivalent to or above the minimum When more than one obstruction requirements set forth in this part. light is required by this part to mark a structure, all such lights shall be oper- Subpart 67.05—General ated to flash in unison. Requirements for Lights § 67.05–10 Characteristics of obstruc- § 67.05–1 Arrangement of obstruction tion lights. lights. All obstruction lights required by (a) Structures having a maximum this part shall be powered from a reli- horizontal dimension of 30 feet or less able power source, including auxiliary on any one side, or in diameter, shall power sources as necessary. They shall be required to have one obstruction display a quick-flash characteristic of light visible for 360°. approximately 60 flashes per minute, (b) Structures having a maximum unless prescribed otherwise in the per- horizontal dimension of over 30 feet, mit issued by the District Commander. but not in excess of 50 feet, on any one Their color shall be white when mark- side, or in diameter, shall be required ing Class ‘‘A’’ and ‘‘B’’ structures, and to have two obstruction lights in- either white or red, as prescribed by stalled on diagonally opposite corners, the District Commander, when mark- 180° apart, or as prescribed by the Dis- ing Class ‘‘C’’ structures. In deter- trict Commander, each light to have a mining whether white or red lights 360° lens. shall be authorized, the District Com- (c) Structures having a horizontal di- mander shall take into consideration mension of over 50 feet on any one side, matters concerning, but not nec- or in diameter, shall be required to essarily limited to, the dimensions of have an obstruction light on each cor- the structure and the depth of water in ner, or 90° apart in the case of circular which it is located; the proximity of structures, or as prescribed by the Dis- the structure to vessel routes; the na- trict Commander, each light to have a ture and amount of vessel traffic; and 360° lens. the effect of background lighting. (d) Where the overall dimensions of a structure require the installation of § 67.05–15 Operating periods of ob- two or more obstruction lights, the struction lights. lights shall all be mounted on the same Obstruction lights shall be displayed horizontal plane within the limitations at all times between the hours of sun- of height specified in § 67.20–5, § 67.25–5, set and sunrise, local time, com- or § 67.30–5, as applicable. mencing at the time the construction (e) Lesser structures and piles, pile of a structure is begun. During con- clusters or flare templates, etc., will struction and until such time as a plat- not normally be required to be marked form capable of supporting the obstruc- by obstruction lights, when they are tion lights is completed, the fixed located within 100 yards of a Class ‘‘A’’, lights on an attending vessel shall be

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used. In addition, when lights are in (c) Have the rated range required by use for general illumination to facili- § 67.20–10, § 67.25–10, or § 67.30–10; tate the construction or operation of a (d) Have a height not exceeding 25 structure, and can be seen from any feet; angle of approach at a distance equal (e) Have not more than eight sound to that prescribed for the obstruction sources; lights for the class of structure, the ac- (f) Be approved by the Coast Guard tual operation of obstruction lights under § 67.10–15; and also will not be required. (g) Be permanently marked with: [CGFR 58–34, 23 FR 7701, Oct. 4, 1958] (1) The date of Coast Guard approval; (2) The manufacturer and date of § 67.05–20 Minimum lighting require- manufacture; ments. (3) A model designation; The obstruction lighting require- (4) The approved range; and ments prescribed in this part are the (5) The power necessary to comply minimum requirements only and shall with the provisions of paragraph (c) of not preclude the maintainer from mak- this section. ing application for authorization to establish more lights, or lights of greater § 67.10–5 Location requirements. intensity than required to be visible at The sound signal required by §§ 67.20– the distances prescribed: Provided, That 10, 67.25–10, and 67.30–10 must: the prescribed characteristics of color (a) Be located on the structure so and flash duration are adhered to. that the sound signal produced is audible over 360° in a horizontal plane at all § 67.05–25 Special lighting require- ranges up to and including the required ments. rated range; and Whenever a structure is erected in a (b) Be located at least 10 feet but not position on or adjacent to the edges of more than 150 feet above mean high navigable channels and fairways, or water. lines of demarcation, the District Com- mander is authorized to require the § 67.10–10 Operating requirements. structure to be marked by the lights (a) Sound signals required by §§ 67.20– which in his judgment are necessary 10, 67.25–10, and 67.30–10 must be oper- for the safety of marine commerce, and ated continuously, regardless of visi- without regard to the fact that the bility, unless the sound signal is con- structure may be located in an area in trolled: which either Class ‘‘B’’ or Class ‘‘C’’ re- (1) By an attendant on the structure; quirements are otherwise applicable. (2) Remotely by an attendant on a The requirements for the lights in any nearby structure; or of these cases, shall not exceed those (3) By a fog detection device capable established for structures in the Class of activating the sound signal when the ‘‘A’’ areas. visibility in any direction is reduced to the rated range at which sound signal Subpart 67.10—General operation is required by this part. Requirements for Sound signals (b) During construction and until such time as a sound signal is installed and operating on a platform, the whis- SOURCE: CGD 72–74R, 37 FR 13512, July 8, 1972, unless otherwise noted. tle of an attending vessel moored alongside the platform may be used to § 67.10–1 Apparatus requirements. sound the signal required for the struc- The sound signal required by §§ 67.20– ture by this part. 10, 67.25–10, and 67.30–10 must: [CGFR 58–17, 23 FR 3377, May 20, 1958, as (a) Have its maximum intensity at a amended by USCG–2001–10714, 69 FR 24983, frequency between 100 and 1,100 Hertz; May 5, 2004] (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 seconds si- § 67.10–15 Approval of sound signals. lence) unless otherwise authorized by (a) The Coast Guard approves a sound the District Commander; signal if:

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(1) It meets the requirements for tire sound signal, as if installed for ac- sound signals in § 67.10–1 (a), (b), (c), (d), tual use. and (e) when tested under § 67.10–20; or (b) The sound pressure level must be (2) It is similar to a sound signal measured as a function of: which was tested and approved under (1) Distance by using a sufficient the provisions of this section and the number of points to allow a far-field Coast Guard has approved all vari- extrapolation of the sound pressure ations in design, construction, produc- level; tion, and manufacture from the sound (2) Power at outputs up to and in- signal tested. cluding the approximate power level (b) A sound signal that is an identical necessary to comply with § 67.10–1(c); production model of a sound signal (3) Horizontal angle at increments which has been approved under para- not greater than 30°; and graph (a) of this section is a Coast (4) Harmonic content to at least the Guard approved sound signal. third harmonic. (c) In analyzing the test data to de- § 67.10–20 Sound signal tests. termine the minimum power necessary (a) Sound signal tests must: to produce the sound pressure level (1) Be made by the applicant in the specified in Table A of this section the presence of a Coast Guard representa- Coast Guard follows the procedures tive, who certifies the test if the proce- prescribed by the International Asso- dures comply with the requirements of ciation of Lighthouse Authorities this section; (IALA) in Supplement No. 3 to the (2) Be made with Coast Guard sup- IALA Bulletin of February 1969 for plied and calibrated sound level meters analysis of harmonic components and and power meters; and does not consider components above (3) Be made in an anechoic chamber 1,100 Hertz as adding to the audible large enough to accommodate the en- range.

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§ 67.10–25 Application for tests. Subpart 67.15—Miscellaneous A person requesting a Coast Guard Marking Requirements representative at a test of a sound signal must: § 67.15–1 Lights and signals on attend- (a) Direct a written request to the Of- ant vessels. fice of Aids to Navigation, (CG–541), The requirements prescribed by this 2100 2nd St., SW., Stop 7581, Wash- part apply to structures. The barges, ington, DC 20593–7581 including: vessels, and other miscellaneous float- (1) Requestor’s name, address, and ing plants in attendance must display telephone number; lights and signals under the Inter- (2) A description of the sound signal; national Navigational Rules Act of 1977 (3) Rated range for which approval is (33 U.S.C. 1601–1608) that adopted the requested; International Regulations for Pre- (4) Location of the anechoic chamber; venting Collisions at Sea, 1972 (72 and COLREGS), or the Inland Navigational (5) Proposed test dates. Rules Act of 1980 (33 U.S.C. 2001–2038). (b) Bear all the expenses of con- When vessels are fixed to or submerged ducting the test conducted in accord- onto the seabed, however, they become ance with § 67.10–20 including all travel structures as described in § 67.01–5. and per diem expenses of the U.S. Gov- ernment in sending a Coast Guard rep- [USCG–2001–10714, 69 FR 24983, May 5, 2004] resentative to the test. § 67.15–5 Seismographic and surveying [CGD 72–74R, 37 FR 13512, July 8, 1972, as operations. amended by CGD88–052, 53 FR 25119,July 1, 1988; CGD 96–026, 61 FR 33663, June 28, 1996; All stakes, casings, pipes, and buoys, USCG–2001–10714, 69 FR 24983, May 5, 2004; except bamboo poles and wooden USCG–2010–0351, 75 FR 36281, June 25, 2010] stakes less than 2 inches in diameter, placed in the water to facilitate seis- § 67.10–30 Withdrawal of approval. mographic or surveying operations The Coast Guard may withdraw ap- shall be marked, in the manner pre- proval of a sound signal if it fails to scribed by the District Commander, for meet the requirements of § 67.10–1 (a), the safety of navigation. (b), and (c). § 67.15–10 Spoil banks, artificial is- § 67.10–35 Notice of approval and with- lands, and dredged channels. drawal of approval. (a) All submerged spoil banks, or ar- (a) The Coast Guard publishes a notice of the approval or withdrawal of tificial islands resulting from the approval of a sound signal in the Local dredging of private channels, laying of Notice to Mariners. pipelines, or any other private oper- (b) A listing of approved sound sig- ation, and all privately dredged chan- nals may be obtained from any District nels which, in the judgment of the Dis- Commander. trict Commander are required to be marked by aids to navigation, shall be § 67.10–40 Sound signals authorized marked by private aids to navigation for use prior to January 1, 1973. conforming to the standard United Any sound signal authorized for use States system of aids to navigation by the Coast Guard and manufactured characteristics described in subpart B prior to January 1, 1973, is excepted of part 62 of this subchapter. from the requirements in this subpart, (b) To receive a permit to establish except §§ 67.10–1 (b) and (c), 67.10–5, and and maintain a private aid to naviga- 67.10–10, if the sound signal has a min- tion for the purposes described in para- imum sound pressure level as specified graph (a) of this section, submit your in Table A of Subpart 67.10 of Title 33 application to the District Commander. of the Code of Federal Regulations in The District Commander will review effect on December 31, 1972, for the all applications and issue all permits. range required by § 67.20–10, § 67.25–10, or § 67.30–10. [USCG–2001–10714, 69 FR 24983, May 5, 2004]

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Subpart 67.20—Class ‘‘A’’ cient candlepower as to be visible at a Requirements distance of at least three nautical miles 90 percent of the nights of the § 67.20–1 Class ‘‘A’’ structures. year. The lights shall be displayed not Class ‘‘A’’ structures shall be the less than 20 feet above mean high structures erected in an area where water, but not at a height greater than Class ‘‘A’’ requirements must be met. that specified in § 67.05–1(f), except that on Class ‘‘B’’ structures which are re- § 67.20–5 Obstruction lights. quired to be marked by only one light, that light may be displayed not less The obstruction lights shall be white than 10 feet above mean high water if lights as prescribed in Subpart 67.05 of this part. The lights shall be of suffi- the structural features preclude cient candlepower as to be visible at a mounting the light within the range of distance of at least five nautical miles heights otherwise specified in this sec- 90 percent of the nights of the year. tion. The lights shall be displayed not less (b) The District Commander may than 20 feet above mean high water, waive the requirement for obstruction but not at a height greater than that lights on Class ‘‘B’’ structures if there governed by the requirement in § 67.05– is no hazard to navigation by so doing. 1(f) that mariners be able to see at [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as least one of the lights, regardless of the amended by CGFR 62–32, 27 FR 10101, Oct. 13, angle of approach, until within 50 feet 1962] of the structure, visibility permitting. § 67.25–10 Sound signal. [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as amended by USCG–2001–10714, 69 FR 24983, (a) The owner of a Class ‘‘B’’ struc- May 5, 2004] ture shall: (1) Install a sound signal that has a § 67.20–10 Sound signal. rated range of at least one-half mile, (a) The owner of a Class ‘‘A’’ struc- except that the District Commander ture shall: may— (1) Install a sound signal that has a (i) Prescribe a greater rated range, rated range of at least 2 miles; and, not to exceed 2 miles, under the provi- (2) Operate the sound signal when the sions of paragraph (b) of this section; visibility in any direction is less than 5 or miles. (ii) Exempt the structure from the (b) The District Commander may requirements of this paragraph, under waive any requirements in paragraph the provisions of paragraph (c) of this (a) of this section if he or she finds that section; a structure is so close to other struc- (2) Operate the sound signal when the tures and so enveloped by the sound visibility in any direction is less than 3 signals on other structures that it is miles, unless the District Commander not a hazard to navigation. establishes a greater or lesser distance of visibility, not to exceed 5 miles, [CGD 72–74R, 37 FR 13513, July 8, 1972, as under the provisions of paragraph (b) amended by USCG–2001–10714, 69 FR 24984, or (c) of this section. May 5, 2004] (b) The owner of a Class ‘‘B’’ structure shall install a sound signal with a Subpart 67.25—Class ‘‘B’’ greater rated range or operate it at Requirements times of greater visibility than required in paragraph (a) of this section § 67.25–1 Class ‘‘B’’ structures. if: Class ‘‘B’’ structures shall be the (1) The structure is erected on or ad- structures erected in an area where jacent to the edge of a: Class ‘‘B’’ requirements must be met. (i) Navigable channel; (ii) Fairway; or § 67.25–5 Obstruction lights. (iii) Line of demarcation; and (a) The obstruction lights shall be (2) The District Commander decides a white lights as prescribed in Subpart greater range or operation of the sound 67.05 of this part and shall be of suffi- signal at times of greater visibility is

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necessary for the safety of marine com- degree required by this part, and are merce. not a hazard to navigation. (c) The District Commander may (c) Unless advised to the contrary by waive or relax the provisions of para- the District Commander, obstruction graph (a) of this section, if he or she lights shall be required on Class ‘‘C’’ finds that a structure is: structures erected in depths of water (1) So close to other structures and greater than 3 feet at mean low water. so enveloped by the sound signals on (d) In cases where, although not re- other structures that it is not a hazard quired, an applicant desires to estab- to navigation; or lish and operate obstruction lights, a (2) So located in a shoal area that it permit therefor shall be granted, at the is not a hazard to navigation. discretion of the District Commander: Provided, That the lights meet the re- [CGD 72–74R, 37 FR 13513, July 8, 1972, as quirements set forth in this part. amended by USCG–2001–10714, 69 FR 24983, 24984, May 5, 2004] [CGFR 58–34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68–95, 33 FR 15285, Oct. 15, Subpart 67.30—Class ‘‘C’’ 1968; USCG–2001–10714, 69 FR 24983, 24984, May Requirements 5, 2004] § 67.30–10 Sound signals. § 67.30–1 Class ‘‘C’’ structures. (a) The owner of a Class ‘‘C’’ struc- Class ‘‘C’’ structures shall be the ture shall install a sound signal if: structures erected in an area where (1) The structure is erected on or ad- Class ‘‘C’’ requirements must be met. jacent to the edge of a: (i) Navigable channel; § 67.30–5 Obstruction lights. (ii) Fairways; or (a) The obstruction lights shall be (iii) Line of demarcation; and white or red lights as prescribed in (2) The District Commander decides Subpart 67.05 of this part and shall be it is necessary for the safety of marine of sufficient candlepower as to be visi- commerce. ble at a distance of at least one nau- (b) Sound signals required by para- tical mile 90 percent of the nights of graph (a) of this section must have the year. The lights shall be displayed rated range of at least one-half mile, at such height, above mean high water, unless the District Commander pre- as shall be prescribed by the District scribes a greater rated range, not to ex- Commander. When the District Com- ceed 2 miles. mander shall authorize red lights to (c) The owner of the structure shall mark a Class ‘‘C’’ structure, the color operate the sound signal required by thereof shall conform to the shade of paragraph (a) of this section whenever red prescribed in Military Specification the visibility in any direction is less Mil-C-25050 (ASG), Type 1, Grade D. A than 3 miles, unless the District Com- copy of the specification may be ob- mander establishes a greater or lesser tained from the Commanding Officer, distance of visibility, not to exceed 5 Document Automation and Production miles. Service, 700 Robbins Avenue, Building (d) Class ‘‘C’’ structures may have 4, Section D, Philadelphia, PA 19111– sound signals if: 5091. (1) Authorized by the District Com- (b) When Class ‘‘C’’ structures are mander under the provisions of Sub- erected in close proximity to each part 66.01 of this subchapter; and other, or are connected in such a man- (2) The sound signal meets the re- ner as to prevent marine traffic from quirements of § 67.10–1 (a) and (b). passing freely through the field, obstruction lights may be authorized to [CGD 72–74R, 37 FR 13513, July 8, 1972] mark the perimeter structures only, when in the judgment of the District Subpart 67.35—Applications Commander the group of structures which are equipped with obstruction § 67.35–1 Procedure. lights are so arranged that the par- (a) An application, on Coast Guard ticular structures are protected to the forms which will be provided by the

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District Commander upon request, dressed to the District Commander shall be submitted for each private aid having jurisdiction over the area. to navigation for which a permit is required to establish, operate, move, Subpart 67.40—Notification change or discontinue, except as modified in this subpart. § 67.40–1 Notification to District Com- (b) An application on the prescribed mander. form shall be submitted to the District Commander for each structure to be (a) Class ‘‘A’’ structures. In the case of equipped with obstruction lights and/or structures to be located in areas where sound signals if the structure is to re- Class ‘‘A’’ requirements must be met, main in place six months or more. An notification shall be given to the Dis- application may be made by letter for trict Commander of the approximate each structure to be so equipped if the date work will commence, as soon as structure is to remain in place less known after a permit is received from than six months. the Corps of Engineers, U.S. Army, or (c) One application form only shall be 30 days in advance, if possible. Persons submitted to the District Commander constructing structures must notify to cover a group of unlighted buoys or the District Commander by either tele- daybeacons. gram or overnight mail on the day they begin construction. Within this § 67.35–5 Contents of application. notice, they must inform him or her of (a) All applicable items of the pre- the lights and sound signals they will scribed forms shall be completed. A use during construction. When con- brief descriptive print of the structure struction has been completed, the or aid to navigation involved shall be maintainer shall notify the District furnished with the application, to- Commander to that effect by letter, gether with a location plat or chart stating whether or not the authorized section. When Lambert coordinates are obstruction lights and/or sound signals used to plot the position of the aid, the plat or chart shall be annotated to are in operation. Final notification by show latitude and longitude of the pro- letter shall be given when the lights posed aid to navigation, except when used for general illumination, to facili- the position has been described by ref- tate the construction or operation of erence to one or more horizontal an- the structure, have been discontinued gles, or by the bearing and distance and the authorized obstruction lights from a charted landmark. placed in operation. (b) Each application shall have ap- (b) Class ‘‘B’’ structures. Notification pended to it a list showing the type, shall be given to the District Com- model, name and address of the manu- mander in the case of structures to be facturer of the lighting apparatus and located in areas where Class ‘‘B’’ re- sound signal equipment to be used. quirements must be met, in the same (c) Each application shall always manner as prescribed in the case of specify the date the proposals con- Class ‘‘A’’ structures, except that the tained therein are desired to be effec- telegram on the day construction of tive, and approval thereof must be ob- the structure is commenced shall not tained before the proposed action is un- be required. dertaken. (c) Class ‘‘C’’ structures. Notification § 67.35–10 Private aids to navigation. shall be given to the District Com- mander in the case of structures to be See § 67.15–10(b) for review of applica- located in areas where Class ‘‘C’’ re- tions respecting private aids to navigation for spoil banks, artificial islands quirements must be met, upon comple- and dredged channels. tion of the structure. [CGFR 58–17, 23 FR 3377, May 20, 1958, as § 67.35–15 To whom addressed. amended by CGFR 62–32, 27 FR 10101, Oct. 13, The applications and correspondence 1962; USCG–2001–10714, 69 FR 24984, May 5, dealing with private aids to navigation 2004] and obstruction lighting should be ad-

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§ 67.40–5 Waivers. § 67.40–25 Penalty. (a) The District Commander is au- The penalty for violation is in sec- thorized to modify or waive any re- tion 1, 63 Stat. 501 (14 U.S.C. 85), or sec- quirement prescribed in this part tion 4(e)(2) of the Outer Continental whenever, in his or her judgment, the Shelf Lands Act (43 U.S.C. 1333). Any safety of marine commerce will not be person, firm, company, or corporation impaired by so doing. who shall fail or refuse to obey any of (b) When the District Commander the lawful rules and regulations issued shall determine that changed cir- in this part or pursuant thereto shall cumstances in the case of a structure, be guilty of a misdemeanor and shall whose obstruction lights and/or sound be fined not more than $100 for each of- signal have been modified or waived, fense. Each day during which such vio- constitutes a hazard to marine naviga- lation shall continue shall be consid- tion, he or she is authorized to revoke ered a new offense. or revise his or her previous action and to require the structure to be appropriately marked by suitable obstruc- Subpart 67.50—District Regulations tion lights and/or sound signals in accordance with this part. § 67.50–1 Scope. [CGFR 58–17, 23 FR 3377, May 20, 1958, as (a) The regulations in this subpart amended by USCG–2001–10714, 69 FR 24984, shall apply to the structures which are May 5, 2004] located within the boundaries of the Coast Guard districts hereinafter de- § 67.40–10 Communication with owner. fined. Communication with the owners of (b) Geographic coordinates expressed private aids to navigation by the Dis- in terms of latitude or longitude, or trict Commander shall be addressed to both, are not intended for plotting on their usual or last known place of busi- maps or charts whose referenced hori- ness, or to their local representative, if zontal datum is the North American any. Communication shall be by the Datum of 1983 (NAD 83), unless such ge- method considered appropriate for the ographic coordinates are expressly la- circumstances. beled NAD 83. Geographic coordinates without the NAD 83 reference may be § 67.40–15 Marking at owner’s expense. plotted on maps or charts referenced to The District Commander may mark, NAD 83 only after application of the for the protection of marine commerce, appropriate corrections that are pub- any structure whenever the owner lished on the particular map or chart thereof has failed suitably to mark the being used. same in accordance with this part, and the owner shall reimburse the Coast [CGD 86–082, 52 FR 33810, Sept. 8, 1987] Guard for all costs incurred. § 67.50–5 First Coast Guard District. § 67.40–20 Charges invoiced to owner. (a) Description. See § 3.05–1 of this Charges to the owner for the cost of chapter. marking a structure by the Coast (b) Line of demarcation. There is no Guard shall be determined in accord- line of demarcation prescribed for this ance with Part 74 of this subchapter. District. When required, it will be de- All such charges shall be invoiced to termined in accordance with § 67.01–20. the owner beginning with the date such marking is established and shall con- [CGFR 58–17, 23 FR 3377, May 20, 1958, as tinue until notice is received by the amended by CGFR 61–40, 26 FR 10353, Nov. 3, District Commander that the structure 1961] has been removed, or until the owner § 67.50–15 Fifth Coast Guard District. has applied for and been issued a permit by the District Commander to es- (a) Description. See § 3.25–1 of this tablish and operate the required ob- chapter. struction lights and/or sound signals or (b) Line of demarcation. There is no other markings required by this part. line of demarcation prescribed for this

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District. When required, it will be de- (vii) A point at Lat. 29°34′.0 N., Long. termined in accordance with § 67.01–20. 89°00′ W., thence to; ° ′ [CGFR 58–17, 23 FR 3377, May 20, 1958, as (viii) A point at Lat. 29 15 .0 N., Long. amended by CGFR 61–40, 26 FR 10353, Nov. 3, 89°00′ W., thence to; 1961] (ix) A point at Lat. 29°14′.0 N., Long. 88°57′.7 W., thence to; § 67.50–20 Seventh Coast Guard Dis- (x) A point at Lat. 29°10′.0 N., Long. trict. 88°57′.0 W., thence to; (a) Description. See § 3.35–1 of this (xi) A point at Lat. 29°03′.6 N., Long. chapter. 89°02′.3 W., thence via the five fathom (b) Line of demarcation. There is no curve to; line of demarcation prescribed for this (xii) A point at latitude 28°58′.1 N., District. When required, it will be de- longitude 89°09′.6 W., thence to; termined in accordance with § 67.01–20. (xiii) A point at latitude 28°57′.8 N., [CGFR 58–17, 23 FR 3377, May 20, 1958, as longitude 89°13′.6 W., thence to; amended by CGFR 61–40, 26 FR 10353, Nov. 3, (xiv) A point at latitude 28°57′.8 N., 1961] longitude 89°19′.5 W., thence to; ° ′ § 67.50–25 Eighth Coast Guard District. (xv) A point at latitude 28 53 .8 N., longitude 89°25′.7 W., thence to; (a) Description. See § 3.40–1 of this (xvi) A point at latitude 28°52′.6 N., chapter. longitude 89°25′.9 W., thence via the 10 (b) Lines of demarcation. The two lines fathom curve to; of demarcation described in this sec- ° ′ tion are for administrative purposes to (xvii) A point at latitude 29 00 N., ° ′ distinguish between the areas in which longitude 89 34 .0 W., thence to; structures shall be subject to Class (xviii) A point at latitude 29°00′ N., ‘‘A’’, ‘‘B’’ or ‘‘C’’ requirements. The longitude 90°05′.0 W., thence to; primary line of demarcation delimits (xix) A point at latitude 28°46′.3 N., the areas to the seaward of which Class longitude 91°07′.5 W., thence to; ‘‘A’’ requirements are imposed. The (xx) A point at latitude 29°11′.5 N., secondary line of demarcation delimits longitude 92°21′.0 W., thence to; the areas to the shoreward of which (xxi) A point at latitude 29°29′.0 N., Class ‘‘C’’ requirements are imposed. In longitude 92°32′.3 W., thence via the 5 those areas where no secondary line of fathom curve to; demarcation is prescribed, the struc- (xxii) A point at latitude 29°41′.2 N., tures shoreward of the primary line of longitude 93°19′.9 W., thence to; demarcation are considered to be Class (xxiii) A point at latitude 29°38′.7 N., ‘‘C’’ structures. Class ‘‘B’’ require- longitude 93°49′.4 W., thence to; ments are imposed on the structures in (xxiv) A point on the 5 fathom curve the areas between the two lines of de- at latitude 29°35′.8 N., longitude 94°00′′ marcation. W., thence via the 5 fathom curve to; (1) The coordinates of the primary (xxv) A point at latitude 29°26′.7 N., line of demarcation within the jurisdic- longitude 94°30′.0 W., thence to; tion of the District Commander are as (xxvi) A point at latitude 28°55′.3 N., follows: longitude 95°16′.3 W., thence to; (i) Commencing at a point at Lat. (xxvii) A point at latitude 28°54′.9 N., 30°11′.3 N., Long. 88°03′.0 W., thence to; longitude 95°15′.6 W., thence to; (ii) A point at Lat. 30°11′.5 N., Long. ° ′ 88°31′.7 W., thence to; (xxviii) A point at latitude 28 19 .3 N., ° ′ (iii) A point at Lat. 30°12′.7 N., Long. longitude 96 23 .3 W., thence to; 88°58′.0 W., thence to; (xxix) A point at latitude 27°49′.5 N., (iv) A point due west of (iii) at Long. longitude 97°01′.2 W., thence to; 89°00′ W., thence to; (xxx) A point on the 10 fathom curve (v) A point at Lat. 30°08′.0 N., Long. at latitude 27°30′.0 N., longitude 97°10′.0 89°00′ W., thence to; W., thence via the 10 fathom curve to; (vi) A point at Lat. 30°04′.7 N., Long. (xxxi) A point at latitude 27°00′ N., 88°53′.7 W., thence via a line two miles longitude 97°17′.5 W., thence to; to seaward around Chandeleur Island (xxxii) A point at latitude 26°04′.1 N., to; longitude 97°08′.6 W.

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(2) The coordinates of the secondary (xxviii) A point at Lat. 29°34′.1 N., line of demarcation within the jurisdic- Long. 92°39′.3 W., thence to; tion of the District Commander are as (xxix) A point at Lat. 29°41′.1 N., follows: Long. 92°57′.2 W., thence to; (i) Commencing at a point in Breton (xxx) A point at Lat. 29°44′.6 N., Long. Sound at Lat. 29°34′.0 N., Long. 89°00′.0 93°07′.9 W., thence to; W., thence to; (xxxi) A point at Lat. 29°45′.6 N., (ii) A point at Lat. 29°30′.0 N., Long. Long. 93°13′.7 W., thence to; 89°10′.0 W., thence to; (xxxii) A point at Lat. 29°45′.6 N., (iii) A point at Lat. 29°20′.9 N., Long. Long. 93°17′.3 W., thence to; 89°10′.0 W., thence to; (xxxiii) A point at Lat. 29°44′.3 N., (iv) A point at Lat. 29°15′.3 N., Long. Long. 93°21′.0 W., thence to; 89°04′.0 W., thence to; (xxxiv) A point at Lat. 29°45′.3 N., (v) A point at Lat. 29°14′.1 N., Long. Long. 93°30′.0 W., thence to; 88°59′.0 W., thence to; (xxxv) A point at Lat. 29°43′.3 N., (vi) A point at Lat. 29°08′.6 N., Long. Long. 93°43′.7 W., thence to; ° ′ 88 58 .3 W., thence to; (xxxvi) A point at Lat. 29°41′.0 N., ° ′ (vii) A point at Lat. 29 02 .1 N., Long. Long. 93°48′.8 W., thence to; ° ′ 89 06 .6 W., thence to; (xxxvii) A point at Lat. 29°38′.8 N., ° ′ (viii) A point at Lat. 28 58 .1 N., Long. Long. 93°50′.8 W., thence to; ° ′ 89 08 .4 W., thence to; (xxxviii) A point at Lat. 29°40′.0 N., ° ′ (ix) A point at Lat. 29 01 .1 N., Long. Long. 93°57′.3 W., thence to; 89°16′′.1 W., thence to; ° ′ ° ′ (xxxix) A point at Lat. 29 39 .3 N., (x) A point at Lat. 28 53 .7 N., Long. Long. 94°05′.0 W., thence to; 89°26′.0 W., thence to; (xl) A point at Lat. 29°27′.0 N., Long. (xi) A point at Lat. 28°54′.3 N., Long. 94°37′.0 W., thence to; 89°27′.5 W., thence to; (xli) A point at Lat. 29°23′.1 N., Long. (xii) A point at Lat. 29°02′.2 N., Long. 94°42′.6 W., thence to; 89°24′.2 W., thence to; (xlii) A point at Lat. 29°20′.4 N., Long. (xiii) A point at Lat. 29°11′.8 N., Long. 94°41′.5 W., thence to; 89°30′.0 W., thence to; ° ′ (xliii) A point at Lat. 29°06′.6 N., (xiv) A point at Lat. 29 17 .9 N., Long. ° ′ 89°46′.6 W., thence to; Long. 95 04 .4 W., thence to; ° ′ (xv) A point at Lat. 29°17′.1 N., Long. (xliv) A point at Lat. 29 04 .6 N., ° ′ 89°50′.8 W., thence to; Long. 95 05 .7 W., thence to; ° ′ (xvi) A point at Lat. 29°14′.5 N., Long. (xlv) A point at Lat. 29 02 .0 N., Long. ° ′ 89°55′.1 W., thence to; 95 10 .0 W., thence to; ° ′ (xvii) A point at Lat. 29°10′.9 N., (xlvi) A point at Lat. 28 57 .3 N., ° ′ Long. 90°02′.9 W., thence to; Long. 95 16 .2 W., thence to; (xviii) A point at Lat. 29°05′.5 N., (xlvii) A point at Lat. 28°55′.3 N., Long. 90°10′.0 W., thence to; Long. 95°17′.9 W., thence to; (xix) A point at Lat. 29°04′.5 N., Long. (xlviii) A point at Lat. 28°39′.5 N., 90°12′.0 W., thence to; Long. 95°48′.4 W., thence to; (xx) A point at Lat. 29°02′.0 N., Long., (xlix) A point at Lat. 28°32′.1 N., 90°20′.8 W., thence to; Long. 96°06′.9 W., thence to; (xxi) A point at Lat. 29°01′.9 N., Long. (l) A point at Lat. 28°26′.4 N., Long. 90°24′.9 W., thence to; 96°17′.8 W., thence to; (xxii) A point at Lat. 29°03′.6 N., (li) A point at Lat. 28°23′.6 N., Long. Long. 90°32′.8 W., thence to; 96°21′.5 W., thence to; (xxiii) A point at Lat. 29°01′.9 N., (lii) A point at Lat. 28°19′.7 N., Long. Long. 90°41′.7 W., thence to; 96°23′.3 W., thence to; (xxiv) A point at Lat. 29°00′.8 N., (liii) A point at Lat. 28°19′.3 N., Long. Long. 90°50′.0 W., thence to; 96°25′.2 W., thence to; (xxv) A point at Lat. 29°02′.4 N., Long. (liv) A point at Lat. 28°14′.8 N., Long. 91°01′.5 W., thence to; 96°35′.0 W., thence to; (xxvi) A point at Lat. 29°28′.5 N., (lv) A point at Lat. 28°09′.1 N., Long. Long. 92°10′.1 W., thence to; 96°43′.8 W., thence to; (xxvii) A point at Lat. 29°31′.1 N., (lvi) A point at Lat. 28°02′.4 N., Long. Long. 92°21′.8 W., thence to; 96°52′.2 W., thence to;

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(lvii) A point at Lat. 27°56′.2 N., Long. properly marked. The spoil banks 96°58′.3 W., thence to; should be examined at frequent inter- (lviii) A point at Lat. 27°52′.8 N., vals in order that the changing condi- Long. 97°01′.1 W., thence to; tions may be kept under control. As (lix) A point at Lat. 27°49′.3 N., Long. markers are no longer required due to 97°03′.0 W., thence to; settling of banks, the Coast Guard will (lx) A point at Lat. 27°46′.4 N., Long. authorize their removal upon applica- ° ′ 97 05 .6 W., thence to; tion. ° ′ (lxi) A point at Lat. 27 38 .9 N., Long. (2) All openings in such submerged ° ′ 97 10 .6 W., thence to; spoil shall be marked by daybeacons on (lxii) A point at Lat. 27°28′.3 N., Long. each side of the openings. When spoil is 97°16′.2 W., thence to; located on each side of a channel or (lxiii) A point at Lat. 27°21′.9 N., Long. 97°18′.9 W., thence to; pipe line, each bank will be considered (lxiv) A point at Lat. 27°13′.7 N., separately. The daybeacons shall be Long. 97°21′.2 W., thence to; equipped with arrows designating the (lxv) A point at Lat. 27°05′.4 N., Long. safe water through the opening. These 97°22′.3 W., thence to; daybeacons may also be used as chan- (lxvi) A point at Lat. 26°57′.1 N., nel markers for the dredged channels Long. 97°22′.2 W., thence to; providing they are also equipped with (lxvii) A point at Lat. 26°48′.9 N., arrows designating the spoil bank Long. 97°20′.9 W., thence to; openings. (lxviii) A point at Lat. 26°39′.1 N., (3) When spoil banks constituting an Long. 97°18′.1 W., thence to; obstruction to navigation abut an es- (lxix) A point at Lat. 26°28′.8 N., tablished traveled waterway, the out- Long. 07°14′.3 W., thence to; board spoil bank markers shall be (lxx) A point at Lat. 26°18′.3 N., Long. equipped with quick flashing lights de- 97°11′.3 W., thence to; scribed in Subpart 67.30 of this part, ex- (lxxi) A point at Lat. 26°11′.7 N., cept that the color shall be in accord- ° ′ Long. 97 10 .2 W., thence to; ance with the provisions of Subpart ° ′ (lxxii) A point at Lat. 26 04 .8 N., 62.25 of Part 62 of this subchapter. Long. 97°09′.3 W., thence to; (e) Applications. All applications for (lxxiii) A point at Lat. 26°04′.2 N., private aids to navigation and all cor- Long. 97°08′.8 W., thence to; respondence dealing with private aids (lxxiv) A point at Lat. 25°58′.3 N., Long. 97°08′.3 W. to navigation and obstruction lighting (c) Seismographic and surveying oper- must be addressed to Commander ations. (1) All stakes and casings (oan), Eighth Coast Guard District, (pipes), except bamboo poles and wood- Hale Boggs Federal Building, 501 Maga- en stakes less than 2 inches in diame- zine Street, New Orleans, Louisiana ter, placed in the water during seis- 70130–3396. mographic or surveying operations (f) Enclosures. Applicants shall ap- shall be marked with flags during the pend on a separate sheet with each ap- daylight hours. Those casings remain- plication, the description, including ing in place during the hours of dark- manufacturer, of obstruction lights ness shall be marked by a red light as and sound signals. prescribed in Subpart 67.30 of this part. (g) Corps of Engineers correspondence. (2) All buoys used during seis- A copy of all correspondence directed mographic operations shall be painted to the District Engineer, Corps of Engi- with international orange and white neers, U.S. Army, in accordance with horizontal bands. The buoys shall be of condition (i) of the Department of the light construction in order that they Army permit, shall be forwarded to the will not present a hazard to marine District Commander for those oper- commerce. ations conducted under permits au- (d) Spoil marking. (1) All submerged thorizing the erection of structures in spoil resulting from the dredging of channels, laying of pipelines, or any other operation, which constitutes an obstruction to navigation, shall be

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areas in which Class ‘‘A’’, Class ‘‘B’’, or District. When required, it will be de- Class ‘‘C’’ requirements must be met. termined in accordance with § 67.01–20. [CGFR 58–17, 23 FR 3377, May 20, 1958, as [CGFR 58–17, 23 FR 3377, May 20, 1958, as amended by CGFR 61–40, 26 FR 10353, Nov. 3, amended by CGFR 62–25, 27 FR 8733, Aug. 31, 1961; CGFR 65–34, 30 FR 9485, July 29, 1965; 1962] CGFR 68–95, 33 FR 15285, Oct. 15, 1968; USCG– 2000–7223, 65 FR 40055, June 29, 2000; USCG– § 67.50–50 Seventeenth Coast Guard 2001–9286, 66 FR 33640, June 25, 2001] District. (a) Description. See § 3.85–1 of this § 67.50–30 Ninth Coast Guard District. chapter. (a) Description. See § 3.45–1 of this (b) Line of demarcation. There is no chapter. line of demarcation prescribed for this (b) Line of demarcation. There is no District. When required it will be determined in accordance with § 67.01–20. line of demarcation prescribed for this District. When required, it will be de- [CGFR 68–95, 33 FR 15285, Oct. 15, 1968] termined in accordance with § 67.01–20. [CGFR 58–17, 23 FR 3377, May 20, 1958, as PART 70—INTERFERENCE WITH OR amended by CGFR 61–40, 26 FR 10353, Nov. 3, DAMAGE TO AIDS TO NAVIGA- 1961] TION

§ 67.50–35 Eleventh Coast Guard Dis- Subpart 70.01—Interference With Aids to trict. Navigation (a) Description. See § 3.55–1 of this Sec. chapter. 70.01–1 General provisions. (b) Line of Demarcation. The line of 70.01–5 Penalty. demarcation described in this section is for administrative purposes to dis- Subpart 70.05—Collision With or Damage tinguish between the areas in which to Aids to Navigation structures shall be subject to Class 70.05–1 General provisions. ‘‘A’’, ‘‘B’’, or ‘‘C’’ requirements. The 70.05–5 Penalty. line delimits the areas to seaward of 70.05–10 Revocation of merchant mariner which class ‘‘A’’ requirements are im- credential officer endorsement or license. posed. The line of demarcation within 70.05–15 Liability for damages. 70.05–20 Report required. the jurisdiction of the District Com- mander is defined as follows: AUTHORITY: Secs. 14, 16, 30 Stat. 1152, 1153; (1) Commencing at a point of latitude secs. 84, 86, 92, 633, 642, 63 Stat. 500, 501, 503, ° ′ ° ′ 545, 547 (33 U.S.C. 408, 411, 412; 14 U.S.C. 84, 86, 41 59.8 N., longitude 124 19.5 W., thence 92, 633, 642). southward along the seaward limit of the territorial sea to; ° ′ Subpart 70.01—Interference With (2) A point at latitude 32 32.0 N, lon- Aids to Navigation gitude 117°11.0′ W. (c) Structures located within a half § 70.01–1 General provisions. nautical mile of Traffic Separation No person, excluding the Armed Scheme Los Angeles/Long Beach will Forces, shall obstruct or interfere with also be subject to class ‘‘A’’ require- any aid to navigation established and ments. The traffic separation scheme is maintained by the Coast Guard, or any depicted on National Ocean Service private aid to navigation established Charts 18740, 18720, 18725, 18746, 18721. and maintained in accordance with [CGD11–86–02, 52 FR 37613, Oct. 8, 1987] part 64, 66, 67, or 68 of this subchapter. [CGFR 58–17, 23 FR 3383, May 20, 1958] § 67.50–45 Thirteenth Coast Guard Dis- trict. § 70.01–5 Penalty. (a) Description. See § 3.65–1 of this Any person violating the provisions chapter. of this section shall be deemed guilty (b) Line of demarcation. There is no of a misdemeanor and be subject to a line of demarcation prescribed for this fine not exceeding the sum of $500 for

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each offense, and each day during pended for a term to be fixed by the which such violation shall continue judge before whom tried and convicted. shall be considered a new offense. [CGFR 52–15, 18 FR 12, Jan. 1, 1953, as amend- [CGFR 52–15, 18 FR 12, Jan. 1, 1953] ed by USCG–2006–24371, 74 FR 11211, Mar. 16, 2009]

Subpart 70.05—Collision With or § 70.05–15 Liability for damages. Damage to Aids to Navigation Any boat, vessel, scow, raft or other craft used or employed in violating any SOURCE: CGFR 52–15, 18 FR 12, Jan. 1, 1953, of the provisions of § 70.05–1 shall be lia- unless otherwise noted. ble for the pecuniary penalties specified in § 70.05–5, and in addition thereto § 70.05–1 General provisions. for the amount of damage done by said No person shall take possession of or boat, vessel, scow, raft or other craft, make use of for any purpose, or build which may be proceeded against sum- upon, alter, deface, destroy, move, in- marily by way of libel in any district jure, obstruct by fastening vessels court of the United States having juris- thereto or otherwise, or in any manner diction thereof. whatever impair the usefulness of any § 70.05–20 Report required. aid to navigation established and maintained by the United States. Whenever any vessel collides with an aid to navigation established and main- § 70.05–5 Penalty. tained by the United States or any pri- Every person and every corporation vate aid to navigation established or maintained in accordance with Part 64, that shall violate, or that shall know- 66, 67, or 68 of this subchapter, or is ingly aid, abet, authorize, or instigate connected with any such collision, it a violation of the provisions of § 70.05– shall be the duty of the person in 1 shall be guilty of a misdemeanor, and charge of such vessel to report the ac- on conviction thereof shall be punished cident to the nearest Officer in Charge, by a fine of up to $25,000 per day, or by Marine Inspection, in accordance with imprisonment (in case of a natural per- 46 CFR 4. son) for not less than thirty days nor more than one year, or both, one half [CGFR 58–17, 23 FR 3383, May 20, 1958, as amended by CGFR 61–55, 26 FR 12572, Dec. 28, of such fine to be paid to the person or 1961; CGD 97–023, 62 FR 33362, June 19, 1997] persons giving information which shall lead to conviction. PART 72—MARINE INFORMATION [CGFR 52–15, 18 FR 12, Jan. 1, 1953, as amended by USCG–2009–0416, 74 FR 27438, June 10, Subpart 72.01—Notices to Mariners 2009] Sec. § 70.05–10 Revocation of merchant 72.01–1 Purpose. mariner credential officer endorse- 72.01–5 Local Notice to Mariners. ment or license. 72.01–10 Notice to Mariners. Every master, pilot, and engineer, or 72.01–15—72.01–20 [Reserved] 72.01–25 Marine broadcast notice to mari- person or persons acting in such capac- ners. ity, respectively, on board any boat or 72.01–30 Temporary deficiencies. vessel who shall willfully injure or de- 72.01–35 Change of address. stroy an aid to navigation established 72.01–40 Single copies. and maintained by the United States shall be deemed guilty of violating the Subpart 72.05—Light Lists provisions of § 70.05–1 and shall upon 72.05–1 Purpose. conviction be punished as provided in 72.05–5 Sales agencies. § 70.05–5 and shall also have his mer- 72.05–10 Free distribution. chant mariner credential officer en- AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; dorsement or license revoked or sus- Department of Homeland Security Delega- tion No. 0170.1.

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Subpart 72.01—Notices to (1) Useful in updating the latest edi- Mariners tions of charts and publications of the National Geospatial-Intelligence Agen- § 72.01–1 Purpose. cy, National Ocean Service, U.S. Army Corps of Engineers, and Coast Guard; The Coast Guard issues information (2) Selected from the ‘‘Local Notice concerning the establishment of aids to to Mariners’’ issued and published by maritime navigation and the changes, the 1 st, 5 th, 7 th, 8 th, 9 th, 11 th, 13 th, discontinuances, and deficiencies, ex- 14 th, and 17 th Coast Guard districts; cept temporary deficiencies that are and easily correctable, of aids to maritime (3) Compiled from foreign notices to navigation maintained and operated by mariners, ship reports, and similar co- or under the authority of the Coast operating observer reports. Guard in documents and marine broad- (b) ‘‘Notice to Mariners’’ is published casts having the general title of ‘‘No- weekly by the National Imagery and tice to Mariners.’’ This subpart de- Mapping Agency. The ‘‘Notice to Mari- scribes the publications and the marine ners’’ is prepared by the: broadcasts. (1) Coast Guard; [CGD 70–147R, 37 FR 10669, May 26, 1972] (2) National Ocean Service; and (3) National Imagery and Mapping § 72.01–5 Local Notice to Mariners. Agency. (a) ‘‘Local Notice to Mariners’’ re- (c) This notice may be obtained free ports changes to and deficiencies in of charge from commercial maritime aids to navigation that are established sources and upon request to the De- or maintained and operated by or fense Logistics Agency, Defense Supply under the authority of the Coast Center Richmond, ATTN: JNB, 8000 Guard, and any other information per- Jefferson Davis Highway, Richmond, taining to the waterways within each VA 23297–5100 or FAX 804–279–6510, Coast Guard district that is of interest ATTN: Accounts Manager, RMF. Re- to the mariner. quest should be based on affirmative (b) ‘‘Local Notice to Mariners’’ is need for the information. published and issued weekly by each NOTE TO § 72.01–10: You may also access No- Coast Guard district or more often if tice to Mariners through the National there is a need to notify mariners of Geospatial-Intelligence Agency’s Web site local waterway information. (http://pollux.nss.nima.mil); look for ‘‘U.S. No- (c) Any person may apply to the local tice to Mariners’’. Coast Guard District Office to be [CGD 97–023, 62 FR 33362, June 19, 1997, as placed on the mailing list for the amended by USCG–2001–9286, 66 FR 33640, ‘‘Local Notice to Mariners.’’ The June 25, 2001; USCG–2001–10714, 69 FR 24984, ‘‘Local Notice to Mariners’’ is mailed May 5, 2004; USCG–2009–0416, 74 FR 27438, June 10, 2009] to the public free of charge.

NOTE TO § 72.01–5: You may also access §§ 72.01–15—72.01–20 [Reserved] Local Notice to Mariners free of charge on the Internet from the Coast Guard Naviga- § 72.01–25 Marine broadcast notice to tion Center’s Web site (http:// mariners. www.navcen.uscg.gov/°); look for ‘‘Local No- (a) The Coast Guard broadcasts notice to Mariners’’. tices to mariners on its own or U.S. [CGD 70–147R, 37 FR 10669, May 26, 1972, as Navy radio stations to report naviga- amended by USCG–2001–10714, 69 FR 24984, tional warnings containing informa- May 5, 2004] tion of importance to the safety of navigation of vessels, such as the posi- § 72.01–10 Notice to Mariners. tion of ice and derelicts, defects, and (a) ‘‘Notice to Mariners’’ is intended changes to aids to navigation, and to advise mariners of new hydrographic drifting mines. Radio stations broad- discoveries, changes in channels and casting marine information are listed navigational aids, and information con- in ‘‘Radio Navigational Aids’’ (Na- cerning the safety of navigation. ‘‘No- tional Geospatial-Intelligence Agency tice to Mariners’’ also contains infor- Publication 117) and United States mation— Coast Pilots.

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(b) Any person may purchase ‘‘Radio ters of the United States, its terri- Navigational Aids’’ online from the tories and possessions: U.S. Government Online Bookstore at (1) Volume I, Atlantic Coast, from St. http://bookstore.gpo.gov, by Fax at 202– Croix River, Maine, to Shrewsbury 512–2104, or by telephone at 202–512–1800. River, New Jersey. Send mail orders including payment to (2) Volume II, Atlantic Coast, from U.S. Government Printing Office, Su- Shrewsbury River, New Jersey, to Lit- perintendent of Documents, P.O. Box tle River, South Carolina. 371954, Pittsburgh, PA 15250–1954. (3) Volume III, Atlantic and Gulf (c) Any person may purchase United Coasts, from Little River, South Caro- States Coast Pilots from any author- lina, to Econfina River, Florida, in- ized agent for the sale of National cluding Puerto Rico and the U.S. Vir- Ocean Service charts and publications gin Islands. whose names and addresses are con- (4) Volume IV, Gulf of Mexico, from tained in the National Ocean Service Econfina River, Florida to Rio Grande, Chart Catalogs. Texas. (5) Volume V, Mississippi River Sys- [CGD 97–023, 62 FR 33362, June 19, 1997; tem. USCG–2001–9286, 66 FR 33640, June 25, 2001; (6) Volume VI, Pacific Coast and Pa- USCG–2006–25150, 71 FR 39208, July 12, 2006; USCG–2009–0416, 74 FR 27438, June 10, 2009] cific Islands. (7) Volume VII, Great Lakes. § 72.01–30 Temporary deficiencies. (b) The Light Lists contain the official name, location, characteristics, Temporary deficiencies in aids to and general description of federal, navigation are not published in Notices state, and private aids to navigation to Mariners when it is known that the maintained by or under authority of defects will be corrected promptly. the U.S. Coast Guard, which are placed [CGFR 52–15, 18 FR 13, Jan. 1, 1953] in navigable waters used by general navigation. The Light Lists do not con- § 72.01–35 Change of address. tain information concerning private Persons receiving Notices to Mari- aids to navigation maintained under ners are requested to notify the appro- the authority of the U.S. Coast Guard, priate agency of any change in address, which are placed in navigable waters giving both old and new addresses, or not used by general navigation; nor do when Notices to Mariners are no longer they contain information concerning required. mooring buoys and some special marks having no lateral significance such as [CGFR 52–15, 18 FR 13, Jan. 1, 1953] fish net, dredging, and racing buoys. § 72.01–40 Single copies. (14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46) Single copies of the ‘‘Notice to Mari- [CGFR 60–63, 25 FR 8949, Sept. 17, 1960, as ners’’ described in § 72.01–10 may be ob- amended by CGFR 63–48, 28 FR 10379, Sept. tained or consulted at: 25, 1963; CGD 85–042, 50 FR 50904, Dec. 13, 1985; (a) Coast Guard District Com- CGD 88–105, 54 FR 12612, Mar. 28, 1989; USCG– manders’ Offices; 2001–9286, 66 FR 33640, June 25, 2001] (b) National Ocean Service Field Of- § 72.05–5 Sales agencies. fices; (c) The National Imagery and Map- Each volume of the Light List is for ping Agency; and sale by the Superintendent of Docu- (d) Custom Houses. ments, Government Printing Office, and can be ordered online from the U.S. [CGD 97–023, 62 FR 33362, June 19, 1997] Government Online Bookstore at http:// bookstore.gpo.gov, by Fax at 202–512– Subpart 72.05—Light Lists 2104, or by telephone at 202–512–1800. Send mail orders including payment to § 72.05–1 Purpose. U.S. Government Printing Office, Su- (a) The Coast Guard publishes the perintendent of Documents, P.O. Box following Light Lists annually, with 371954, Pittsburgh, PA 15250–1954. Noti- the exception of Volume V, which is fication of publication of a new edition published biennially, covering the wa- of the Light List is published in the

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‘‘Local Notices to Mariners’’ and ‘‘No- behalf of the United States in accord- tice to Mariners’’ for the particular ance with Part 25 of this title. area that is covered as soon as the edi- [CGFR 70–7, 35 FR 4048, Mar. 4, 1970] tion is available for distribution. [USCG–2001–9286, 66 FR 33640, June 25, 2001, as § 74.01–10 Charges invoiced to owner amended by USCG–2006–25150, 71 FR 39208, for marking sunken wrecks and July 12, 2006] other obstructions to navigation. Charges for the establishment, main- § 72.05–10 Free distribution. tenance, and replacement by the Coast Official copies are distributed free of Guard of an aid, either permanent or charge to Federal, State, and foreign temporary, to mark a sunken wreck or governments, municipalities, libraries other obstruction to navigation are and other public institutions. calculated to recover the Coast Guard

NOTE TO § 72.05–10: You may also access costs involved in, or associated with, Coast Guard Light data through the fol- the marking process. These charges lowing National Geospatial-Intelligence will be invoiced to the owner of the ob- Agency’s Web site: (http://pollux.nss.nima.mil/ struction. Charges for the removal of pubs/USCGLL/pubsljluscgllllist.html). aids to navigation established by the (R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 Coast Guard will be invoiced to the U.S.C. 82, 84) owner unless the District Engineer re- [CGFR 51–15, 18 FR 13, Jan. 1, 1953, as amend- quests the continued marking of the ed by USCG–2001–10714, 69 FR 24984, May 5, obstruction. All charges will be as- 2004] sessed in accordance with Subpart 74.20 of this part. PART 74—CHARGES FOR COAST [CGD 81–051, 48 FR 15468, Apr. 11, 1983] GUARD AIDS TO NAVIGATION WORK § 74.01–15 Charges for placement of temporary aids. Subpart 74.01—Charges to the Public Charges for placement of temporary aids will be reimbursable and in ac- Sec. cordance with Subpart 74.20 of this 74.01–1 Claim for damage, destruction, or displacement. part. Where the placement of tem- 74.01–10 Charges invoiced to owner for porary aids other than those specified marking sunken wrecks and other ob- is made, a reasonable equivalence will structions to navigation. be determined, and charges made ac- 74.01–15 Charges for placement of temporary cordingly. aids. 74.01–20 Deposit of payment in special ac- § 74.01–20 Deposit of payment in spe- count. cial account. Subpart 74.20—Aids to Navigation Costs Whenever an aid to navigation or other property belonging to the Coast 74.20–1 Buoy and vessel use costs. Guard is damaged or destroyed by a AUTHORITY: 14 U.S.C. 81, 85, 86, 92, 93, 141, private person, such person shall pay 633, 642, 647; 49 CFR 1.46 (b). to the satisfaction of the Coast Guard the cost of repair or replacement of SOURCE: CGFR 58–50, 24 FR 5608, July 11, 1959, unless otherwise noted. such property. The Coast Guard will accept and deposit such payment in a special account in the Treasury for Subpart 74.01—Charges to the payment therefrom of the cost of re- Public pairing or replacing the damaged property. Funds collected in excess of the § 74.01–1 Claim for damage, destruction, or displacement. cost to make repairs or replacements shall be refunded. Whenever an aid to navigation is damaged, destroyed, or displaced from its station, a claim shall be made on

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Subpart 74.20—Aids to Navigation private aids to navigation to mark Costs wrecks, piers, or other obstructions; contractors engaged on public works; § 74.20–1 Buoy and vessel use costs. and in other cases in which in the judg- (a) The buoy and vessel use costs for ment of the Commandant the public in- establishing, maintaining, repairing, terest may be served: Provided: replacing, or removing an aid to navi- (a) Such equipment has not been re- gation under the requirements of this ported by the Coast Guard to the Gen- part are contained in COMDTINST 7310 eral Services Administration as excess (series) which is available from the (if the equipment has been reported to District Budget Office of the appro- the General Services Administration as priate Coast Guard District Com- excess, the Commandant will submit mander. the request to that administration for (b) Buoy and vessel use charges under further action); and this part are made for the cost or value (b) Such equipment is not readily of time, in hours, consumed by the procurable in the open market. Re- Government vessel, including ship’s quests to purchase such apparatus or complement, employed in marking the equipment shall give sufficient reasons obstruction. No charge for time and ex- why the article or articles cannot be pense of Coast Guard vessels is made readily procured in the open market. If when the marking of the obstruction the Commandant considers that an ar- causes only minimal interruption of ticle can be readily procured in the routinely scheduled ship’s duty. open market the prospective purchaser will be so informed, and given the [CGD 81–051, 48 FR 15468, Apr. 11, 1983, as names of dealers or manufacturers. amended by USCG–2000–7223, 65 FR 40055, June 29, 2000] Sales shall be invoiced at cost plus 25 percent for overhead. Proceeds of such sales shall be deposited in the Treasury PART 76—SALE AND TRANSFER OF to the credit of the current appropria- AIDS TO NAVIGATION EQUIPMENT tion for operating expenses, Coast Guard. Subpart 76.01—Sale of Equipment Sec. § 76.01–5 Sale of condemned equip- 76.01–1 Sale of equipment not readily pro- ment. curable. When any condemned supplies, mate- 76.01–5 Sale of condemned equipment. rials, or equipment cannot be profit- ably used in work of the Coast Guard, Subpart 76.10—Federal Agencies they will be disposed of under appro- 76.10–1 Exemption. priate regulations of the General Serv- AUTHORITY: Sec. 92, 63 Stat. 503; sec. 641, 63 ices Administration. Applications for Stat. 547, as amended (14 U.S.C. 92, 641). purchase of such materials may be submitted to the Commandant who will SOURCE: CGFR 52–15, 18 FR 14, Jan. 1, 1953, unless otherwise noted. process them for further action under the applicable regulations. Subpart 76.01—Sale of Equipment Subpart 76.10—Federal Agencies § 76.01–1 Sale of equipment not readily procurable. § 76.10–1 Exemption. The Commandant is authorized to Nothing in this part shall be con- sell aids to navigation apparatus or strued to affect the regulations con- equipment to foreign, state, or munic- cerning the transfer of supplies, mate- ipal governments or departments rials, equipment, or land between other thereof; parties required to maintain Federal agencies.

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Special Note—Application of the COLREGS were judicially considered as being customary international law, that is 72 COLREGS to territories and to say international law based upon the con- possessions. sensus of maritime nations rather than upon an express instrument. Because 72 COLREGS a. Article III of the Convention on the was elaborated as a treaty, and under usual International Regulations for Preventing treaty practice only parties are bound, there Collisons at Sea, 1972 (72 COLREGS), done at may be a period of time after the 72 London, October 20, 1972, as rectified by COLREGS come into force during which the Proces-Verbal of December 1, 1973, provides ships of a nation not party to 72 COLREGS that a party may notify the Secretary-Gen- might not be considered as being bound to eral of the International Maritime Organiza- comply with the convention. While it is most tion (IMO, formerly Inter-Governmental likely that the 72 COLREGS will rapidly Maritime Consultative Organization or achieve the status of customary inter- IMCO) that it extends the application of the national law, thereby obviating any concern Convention to territory for which it is re- on the part of the mariner as to whether a sponsible for international relations. Since particular nation is a party, it does not nec- it is the intention of the United States that essarily follow that the courts in all nations the 72 COLREGS apply to all U.S. territories will apply 72 COLREGS to the vessels of a and possessions to the same extent that the non-party nation. In the absence of changes International Regulations for Preventing in their domestic law there may be certain Collisions at Sea, 1960 (60 COLREGS) (16 USC nations that will feel compelled to continue 794, TIAS 5813) previously applied, the United 60 COLREGS in force, despite the coming States has given notice to the Secretary- into force of 72 COLREGS. General that the provisions of the 1972 The following nations are Contracting Par- COLREGS are applicable on July 15, 1977, to ties for which 72 COLREGS will apply upon the following territories and possessions for the Convention’s entry into force: which the United States is responsible for international relations: Algeria Mexico Puerto Rico Bahamas Monaco Guam Belgium Netherlands The Canal Zone Brazil New Zealand The Virgin Islands of the United States Bulgaria Nigeria American Samoa Canada Norway Midway Island Denmark Papua New Guinea Wake Island Finland Poland Johnston Island France Romania Palmyra Island German Democratic South Africa Kingman Reef Republic Spain Howland Island Germany, Federal Sweden Baker Island Republic Switzerland Jarvis Island Ghana Syrian Arab Republic Navassa Island Greece USSR Hungary United Kingdom b. In accordance with Article III, other Iceland United States parties to the Convention have notified the India Yugloslavia Secretary-General that application of 72 Liberia Zaire COLREGS is extended. These parties with their territorial extensions are listed in The following nations have accepted the 60 Table 1. COLREGS but are not Contracting Parties to 72 COLREGS: TABLE 1. TERRITORIAL EXTENSIONS OF OTHER Argentina Gambia PARTIES TO 72 COLREGS Australia Indonesia Austria Ireland Territories to which 72 Party to convention COLREGS are extended Barbados Israel Burma Italy United Kingdom ...... Hong Kong. China Ivory Coast Cuba Jamaica Because earlier formulations of the Cyprus Japan COLREGS were not elaborated as treaties, Czechoslovakia Kuwait they came into force by the almost simulta- Ecuador Lebanon neous enactment of domestic legislation by Egypt Libyan Arab the majority of maritime nations. The Fiji Republic

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Madagascar Singapore 80.715 Savannah River. Maldives Surinam 80.717 Tybee Island, GA to St. Simons Is- Morocco Tonga land, GA. Oman Trinidad 80.720 St. Simons Island, GA to Amelia Is- land, FL. Pakistan Tobago Paraguay 80.723 Amelia Island, FL to Cape Canaveral, Tunisia Peru FL. Philippines Turkey 80.727 Cape Canaveral, FL to Miami Beach, Portugal United Republic of FL. Republic of Korea Cameroon 80.730 Miami Harbor, FL. 80.735 Miami, FL to Long Key, FL. [CGD 77–075, 42 FR 26976, May 26, 1977. Redes- ignated by CGD 81–017, 46 FR 28153, May 26, PUERTO RICO AND VIRGIN ISLANDS 1981; CGD 95–053, 61 FR 9, Jan. 2, 1996] SEVENTH DISTRICT PART 80—COLREGS 80.738 Puerto Rico and Virgin Islands. DEMARCATION LINES GULF COAST

GENERAL SEVENTH DISTRICT Sec. 80.740 Long Key, FL to Cape Sable, FL. 80.01 General basis and purpose of demarca- 80.745 Cape Sable, FL to Cape Romano, FL. tion lines. 80.748 Cape Romano, FL to Sanibel Island, FL. ATLANTIC COAST 80.750 Sanibel Island, FL to St. Petersburg, FL. FIRST DISTRICT 80.753 St. Petersburg, FL to Anclote, FL. 80.105 Calais, ME to Cape Small, ME. 80.755 Anclote, FL to the Suncoast Keys, 80.110 Casco Bay, ME. FL. 80.115 Portland Head, ME to Cape Ann, MA. 80.757 Suncoast Keys, FL to Horseshoe 80.120 Cape Ann, MA to Marblehead Neck, Point, FL. MA. 80.760 Horseshoe Point, FL to Rock Island, 80.125 Marblehead Neck, MA to Nahant, FL. MA. EIGHTH DISTRICT 80.130 Boston Harbor entrance. 80.135 Hull, MA to Race Point, MA. 80.805 Rock Island, FL to Cape San Blas, 80.145 Race Point, MA to Watch Hill, RI. FL. 80.150 Block Island, RI. 80.810 Cape San Blas, FL to Perdido Bay, 80.155 Watch Hill, RI to Montauk Point, NY. FL. 80.160 Montauk Point, NY to Atlantic 80.815 Mobile Bay, AL to the Chandeleur Is- Beach, NY. lands, LA. 80.165 New York Harbor. 80.825 Mississippi Passes, LA. 80.170 Sandy Hook, NJ to Tom’s River, NJ. 80.830 Mississippi Passes, LA to Point Au Fer, LA. FIFTH DISTRICT 80.835 Point Au Fer, LA to Calcasieu Pass, LA. 80.501 Tom’s River, NJ to Cape May, NJ. 80.840 Sabine Pass, TX to Galveston, TX. 80.503 Delaware Bay. 80.845 Galveston, TX to Freeport, TX. 80.505 Cape Henlopen, DE to Cape Charles, 80.850 Brazos River, TX to the Rio Grande, VA. TX. 80.510 Chesapeake Bay Entrance, VA. 80.515 Cape Henry, VA to Cape Hatteras, PACIFIC COAST NC. 80.520 Cape Hatteras, NC to Cape Lookout, ELEVENTH DISTRICT NC. 80.1102 Santa Catalina Island, CA. 80.525 Cape Lookout, NC to Cape Fear, NC. 80.1104 San Diego Harbor, CA. 80.530 Cape Fear, NC to New River Inlet, 80.1106 Mission Bay, CA. NC. 80.1108 Oceanside Harbor, CA. 80.1110 Dana Point Harbor, CA. SEVENTH DISTRICT 80.1112 Newport Bay, CA. 80.703 Little River Inlet, SC to Cape 80.1114 San Pedro Bay—Anaheim Bay, CA. Romain, SC. 80.1116 Redondo Harbor, CA. 80.707 Cape Romain, SC to Sullivans Island, 80.1118 Marina Del Rey, CA. SC. 80.1120 Port Hueneme, CA. 80.710 Charleston Harbor, SC. 80.1122 Channel Islands Harbor, CA. 80.712 Morris Island, SC to Hilton Head Is- 80.1124 Ventura Marina, CA. land, SC. 80.1126 Santa Barbara Harbor, CA.

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80.1130 San Luis Obispo Bay, CA. GENERAL 80.1132 Estero—Morro Bay, CA. 80.1134 Monterey Harbor, CA. § 80.01 General basis and purpose of 80.1136 Moss Landing Harbor, CA. demarcation lines. 80.1138 Santa Cruz Harbor, CA. (a) The regulations in this part estab- 80.1140 Pillar Point Harbor, CA. lish the lines of demarcation delin- 80.1142 San Francisco Harbor, CA. eating those waters upon which mari- 80.1144 Bodega and Tomales Bay, CA. ners shall comply with the Inter- 80.1146 Albion River, CA. national Regulations for Preventing 80.1148 Noyo River, CA. Collisions at Sea, 1972 (72 COLREGS) 80.1150 Arcato—Humboldt Bay, CA. and those water upon which mariners 80.1152 Crescent City Harbor, CA. shall comply with the Inland Naviga- THIRTEENTH DISTRICT tion Rules. (b) The waters inside of the lines are 80.1305 Chetco River, OR. Inland Rules waters. The waters out- 80.1310 Rogue River, OR. 80.1315 Coquille River, OR. side the lines are COLREGS waters. 80.1320 Coos Bay, OR. (c) Geographic coordinates expressed 80.1325 Umpqua River, OR. in terms of latitude or longitude, or 80.1330 Siuslaw River, OR. both, are not intended for plotting on 80.1335 Alsea Bay, OR. maps or charts whose referenced hori- 80.1340 Yaquina Bay, OR. zontal datum is the North American 80.1345 Depoe Bay, OR. Datum of 1983 (NAD 83), unless such ge- 80.1350 Netarts Bay, OR. ographic coordinates are expressly la- 80.1355 Tillamook Bay, OR. beled NAD 83. Geographic coordinates 80.1360 Nehalem River, OR. without the NAD 83 reference may be 80.1365 Columbia River Entrance, OR/WA. plotted on maps or charts referenced to 80.1370 Willapa Bay, WA. NAD 83 only after application of the 80.1375 Grays Harbor, WA. appropriate corrections that are pub- 80.1380 Quillayute River, WA. lished on the particular map or chart 80.1385 Strait of Juan de Fuca being used. 80.1390 Haro Strait and Strait of Georgia [CGD 82–029, 47 FR 19519, May 6, 1982, as 80.1395 Puget Sound and adjacent waters. amended by CGD 83–003, 48 FR 7442, Feb. 18, PACIFIC ISLANDS 1983; CGD 86–082, 52 FR 33810, Sept. 8, 1987]

FOURTEENTH DISTRICT ATLANTIC COAST 80.1410 Hawaiian Island Exemption from FIRST DISTRICT General Rule. 80.1420 Mamala Bay, Oahu, HI. § 80.105 Calais, ME to Cape Small, ME. 80.1430 Kaneohe Bay, Oahu, HI. 80.1440 Port Allen, Kauai, HI. The 72 COLREGS shall apply on the 80.1450 Nawiliwili Harbor, Kauai, HI. harbors, bays, and inlets on the east 80.1460 Kahului Harbor, Maui, HI. coast of Maine from International 80.1470 Kawaihae Harbor, Hawaii, HI. Bridge at Calais, ME to the south- 80.1480 Hilo Harbor, Hawaii, HI. westernmost extremity of Bald Head at 80.1490 Apra Harbor, U.S. Territory of Cape Small. Guam. 80.1495 U.S. Pacific Island Possessions. § 80.110 Casco Bay, ME. (a) A line drawn from the south- ALASKA westernmost extremity of Bald Head at SEVENTEENTH DISTRICT Cape Small to the southeasternmost extremity of Ragged Island; thence to 80.1705 Alaska. the southern tangent of Jaquish Island AUTHORITY: 14 U.S.C. 2; 14 U.S.C. 633; 33 thence to Little Mark Island Monu- U.S.C. 151(a). ment Light; thence to the northern- SOURCE: CGD 77–118a, 42 FR 35784, July 11, most extremity of Jewell Island. 1977, unless otherwise noted. Redesignated (b) A line drawn from the tower on by CGD 81–017, 46 FR 28154, May 26, 1981. Jewell Island charted in approximate position latitude 43°40.6′ N. longitude

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70°05.9′ W. to the northeasternmost ex- tion latitude 42°25.4′ N., longitude tremity of Outer Green Island. 70°54.6′ W. (c) A Line drawn from the south- [CGD 79–066, 45 FR 15176, Mar. 10, 1980. Redes- westernmost extremity of Outer Green ignated by CGD 81–017, 46 FR 28154, May 26, Island to Ram Island Ledge Light; 1981] thence to Portland Head Light. § 80.130 Boston Harbor entrance. § 80.115 Portland Head, ME to Cape Ann, MA. A line drawn from the easternmost tower at Nahant, charted in approxi- (a) Except inside lines specifically de- mate position latitude 42°25.4′ N., lon- scribed in this section, the 72 gitude 70°54.6′ W., to Boston Lighted COLREGS shall apply on the harbors, Horn Buoy ‘‘B’’; thence to the bays, and inlets on the east coast of esternmost radio tower at Hull, Maine, New Hampshire, and Massachu- charted in approximate position lati- setts from Portland Head to Halibut tude 42°16.7′ N., longitude 70°52.6′ W. Point at Cape Ann. (b) A line drawn from the southern- [CGD 79–066, 45 FR 15176, Mar. 10, 1980. Redes- most tower on Gerrish Island charted ignated by CGD 81–017, 46 FR 28154, May 26, 1981] in approximate position latitude 43°04.0′ N. longitude 70°41.2′ W. to § 80.135 Hull, MA to Race Point, MA. Whaleback Light; thence to Jaffrey (a) Except inside lines described in Point Light 2A; thence to the north- this section, the 72 COLREGS apply on easternmost extremity of Frost Point. the harbors, bays, and inlets on the (c) A line drawn from the northern- east coast of Massachusetts from the most extremity of Farm Point to easternmost radio tower at Hull, Annisquam Harbor Light. charted in approximate position lati- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- tude 42°16.7′ N., longitude 70°52.6′ W., to designated by CGD 81–017, 46 FR 28154, May Race Point on Cape Cod. 26, 1981, and amended by CGD 84–091, 51 FR (b) A line drawn from Canal Break- 7786, Mar. 6, 1986] water Light 4 south to the shoreline. § 80.120 Cape Ann, MA to Marblehead [CGD 77–118a, 42 FR 35784, July 11, 1977, as Neck, MA. amended by CGD 79–066, 45 FR 15176, Mar. 10, (a) Except inside lines specifically de- 1980. Redesignated by CGD 81–017, 46 FR 28154, May 26, 1981, and amended by CGD 84– scribed in this section, the 72 091, 51 FR 7786, Mar. 6, 1986] COLREGS shall apply on the harbors, bays and inlets on the east coast of § 80.145 Race Point, MA, to Watch Hill, Massachusetts from Halibut Point at RI. Cape Ann to Marblehead Neck. (a) Except inside lines specifically de- (b) A line drawn from Gloucester scribed in this section, the 72 Harbor Breakwater Light to the twin COLREGS shall apply on the sounds, towers charted in approximate position bays, harbors, and inlets along the latitude 42°35.1′ N. longitude 70°41.6′ W. coast of Cape Cod and the southern (c) A line drawn from the western- coasts of Massachusetts and Rhode Is- most extremity of Gales Point to the land from Race Point to Watch Hill. easternmost extremity of House Island; (b) A line drawn from Nobska Point thence to Bakers Island Light; thence Light to Tarpaulin Cove Light on the to Marblehead Light. southeastern side of Naushon Island; [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR thence from the southernmost tangent 63169, Dec. 15, 1977. Redesignated by CGD 81– of Naushon Island to the easternmost 017, 46 FR 28154, May 26, 1981] extremity of Nashawena Island; thence from the southwestern most extremity § 80.125 Marblehead Neck, MA to of Nashawena Island to the eastern- Nahant, MA. most extremity of Cuttyhunk Island; The 72 COLREGS apply on the har- thence from the southwestern tangent bors, bays, and inlets on the east coast of Cuttyhunk Island to the tower on of Massachusetts from Marblehead Gooseberry Neck charted in approxi- Neck to the easternmost tower at mate position latitude 41°29.1′ N. lon- Nahant, charted in approximate posi- gitude 71°02.3′ W.

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(c) A line drawn from Sakonnet Shinnecock Inlet West Breakwater Breakwater Light 2 tangent to the Light 1. southernmost part of Sachuest Point (b) A line drawn from Moriches Inlet charted in approximate position lati- East Breakwater Light to Moriches tude 41°28.5′ N. longitude 71°14.8′ W. Inlet West Breakwater Light. (d) An east-west line drawn through (c) A line drawn from Fire Island Beavertail Light between Brenton Inlet Breakwater Light 348° true to the Point and the Boston Neck shoreline. southernmost extremity of the spit of land at the western end of Oak Beach. [CGD 77–118a, 42 FR 35784, July 11, 1977, as amended by CGD 79–036, 44 FR 22458, Apr. 16, (d) A line drawn from Jones Inlet 1979. Redesignated by CGD 81–017, 46 FR Light 322° true across the southwest 28154, May 26, 1981, and amended by CGD 84– tangent of the island on the north side 091, 51 FR 7786, Mar. 6, 1986] of Jones Inlet to the shoreline.

§ 80.150 Block Island, RI. [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. Redesignated by CGD 81– The 72 COLREGS shall apply on the 017, 46 FR 28154, May 26, 1981; CGD 84–091, and harbors of Block Island. amended by 51 FR 7786, Mar. 6, 1986. Redesig- nated by CGD 87–008b, 52 FR 25218, July 6, § 80.155 Watch Hill, RI to Montauk 1987] Point, NY. § 80.165 New York Harbor. (a) A line drawn from Watch Hill Light to East Point on Fishers Island. A line drawn from East Rockaway (b) A line drawn from Race Point to Inlet Breakwater Light to Sandy Hook Race Rock Light; thence to Little Gull Light. Island Light thence to East Point on [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Plum Island. designated by CGD 81–017, 46 FR 28154, May (c) A line drawn from Plum Island 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, Harbor East Dolphin Light to Plum Is- 1987] land Harbor West Dolphin Light. (d) A line drawn from Plum Island § 80.170 Sandy Hook, NJ to Tom’s River, NJ. Light to Orient Point Light; thence to Orient Point. (a) A line drawn from Shark River (e) A line drawn from the lighthouse Inlet North Breakwater Light 2 to ruins at the southwestern end of Long Shark River Inlet South Breakwater Beach Point to Cornelius Point. Light 1. (f) A line drawn from Coecles Harbor (b) A line drawn from Manasquan Entrance Light to Sungic Point. Inlet North Breakwater Light 4 to (g) A line drawn from Nicholl Point Manasquan Inlet South Breakwater to Cedar Island Light. Light 3. (h) A line drawn from Threemile Har- (c) A line drawn from Barnegat Inlet bor West Breakwater Light to North Breakwater Light 4A to the sea- Threemile Harbor East Breakwater ward extremity of the submerged Bar- Light. negat Inlet South Breakwater; thence along the submerged breakwater to the (i) A line drawn from Montauk West shoreline. Jetty Light 1 to Montauk East Jetty Light 2. [CGD 87–008b, 52 FR 25218, July 6, 1987]

[CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR FIFTH DISTRICT 63169, Dec. 15, 1977. Redesignated by CGD 81– 017, 46 FR 28154, May 26, 1981, and amended by § 80.501 Tom’s River, NJ to Cape May, CGD 84–091, 51 FR 7786, Mar. 6, 1986. Redesig- NJ. nated by CGD 87–008b, 52 FR 25218, July 6, 1987; USCG–2012–0306, 77 FR 37312, June 21, (a) A line drawn from the seaward 2012] tangent of Long Beach Island to the seaward tangent to Pullen Island § 80.160 Montauk Point, NY to Atlantic across Beach Haven and Little Egg In- Beach, NY. lets. (a) A line drawn from the Shinnecock (b) A line drawn from the seaward Inlet East Breakwater Light to tangent of Pullen Island to the seaward

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tangent of Brigantine Island across (f) A line drawn 207° true from the Brigantine Inlet. lookout tower charted on the southern (c) A line drawn from the seaward ex- end of Hog Island across Great tremity of Absecon Inlet. Machipongo Inlet. (d) A line drawn from the southern- (g) A line formed by the range of the most point of Longport at latitude two cupolas charted on the southern 39°18.2′ N. longitude 74°33.1′ W. to the end of Cobb Island drawn across Sand northeasternmost point of Ocean City Shoal Inlet. at latitude 39°17.6′ N. longitude 74°33.1′ (h) Except as provided elsewhere in W. across Great Egg Harbor Inlet. this section from Cape Henlopen to (e) A line drawn parallel with the Cape Charles, lines drawn parallel with general trend of highwater shoreline the general trend of the highwater across Corson Inlet. shoreline across the entrances to small (f) A line formed by the centerline of bays and inlets. the Townsend Inlet Highway Bridge. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- (g) A line formed by the shoreline of designated by CGD 81–017, 46 FR 28154, May Seven Mile Beach and Hereford Inlet 26, 1981, and amended by CGD 84–091, 51 FR Light. 7786, Mar. 6, 1986] (h) A line drawn from Cape May Inlet East Jetty Light 4 to Cape May Inlet § 80.510 Chesapeake Bay Entrance, VA. West Jetty Light 5. A line drawn from Cape Charles Light to Cape Henry Light. [CGD 87–008b, 52 FR 25218, July 6, 1987, as amended by CGD 94–011, 63 FR 5731, Feb. 4, § 80.515 Cape Henry, VA to Cape Hat- 1998; USCG–2000–7223, 65 FR 40055, June 29, teras, NC. 2000] (a) A line drawn from Rudee Inlet § 80.503 Delaware Bay. Jetty Light 2 to Rudee Inlet Jetty Light 1. A line drawn from Cape May Light to (b) A line formed by the centerline of Harbor of Refuge Light; thence to the the highway bridge across Oregon northernmost extremity of Cape Hen- Inlet. lopen. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- § 80.520 Cape Hatteras, NC to Cape designated by CGD 81–017, 46 FR 28154, May Lookout, NC. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, (a) A line drawn from Hatteras Inlet 1987] Lookout Tower at latitude 35°11.8′ N. longitude 75°44.9′ W. 255° true to the § 80.505 Cape Henlopen, DE to Cape eastern end of Ocracoke Island. Charles, VA. (b) A line drawn from the western- (a) A line drawn from the seaward ex- most extremity of Ocracoke Island at tremity of Indian River Inlet North latitude 35°04.0′ N. longitude 76°00.8′ W. Jetty to Indian River Inlet South Jetty to the northeastern extremity of Ports- Light. mouth Island at latitude 35°03.7′ N. lon- (b) A line drawn from Ocean City gitude 76°02.3′ W. Inlet Light 6, 225° true across Ocean (c) A line drawn across Drum Inlet City Inlet to the submerged south parallel with the general trend of the breakwater. highwater shoreline. (c) A line drawn from Assateague Beach Tower Light to the tower [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- ° ′ designated by CGD 81–017, 46 FR 28154, May charted at latitude 37 52.6 N. longitude 26, 1981, and amended by CGD 84–091, 51 FR 75°26.7′ W. 21748, June 16, 1986; CGD 94–011, 63 FR 5731, (d) A line formed by the range of Feb. 4, 1998] Wachapreague Inlet Light 3 and Parramore Beach Lookout Tower § 80.525 Cape Lookout, NC to Cape drawn across Wachapreague Inlet. Fear, NC. (e) A line drawn from the lookout (a) A line drawn from Cape lookout tower charted on the northern end of Light to the seaward tangent of the Hog Island to the seaward tangent of southeastern end of Shackleford Parramore Beach. Banks.

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(b) A line drawn from Morehead City Island to the easternmost extremity of Channel Range Front Light to the sea- Waties Island across Little River Inlet. ward extremity of the Beaufort Inlet (b) From Little River Inlet, a line west jetty. drawn parallel with the general trend (c) A line drawn from the southern- of the highwater shoreline across Hog most extremity of Bogue Banks at lati- Inlet; thence a line drawn across the tude 34°38.7′ N. longitude 77°06.0′ W. seaward ends of the Murrels Inlet jet- across Bogue Inlet to the northernmost ties; thence a line drawn parallel with extremity of Bear Beach at latitude the general trend of the highwater 34°38.5′ N. longitude 77°07.1′ W. shoreline across Midway Inlet, Pawleys (d) A line drawn from the southeast- Inlet, and North Inlet. ernmost extremity on the southwest (c) A line drawn from the charted po- side of New River Inlet at latitude sition of Winyah Bay North Jetty End 34°31.5′ N. longitude 77°20.6′ W. to the Buoy 2N south to the Winyah Bay seaward tangent of the shoreline on the South Jetty. northeast side on New River Inlet. (d) A line drawn from Santee Point (e) A line drawn across New Topsail to the seaward tangent of Cedar Island. Inlet between the closest extremities (e) A line drawn from Cedar Island of the shore on either side of the inlet Point west to Murphy Island. from latitude 34°20.8′ N. longitude (f) A north-south line (longitude ° ′ ° ′ 77 39.2 W. to latitude 34 20.6 N. lon- 79°20.3′ W.) drawn from Murphy Island ° ′ gitude 77 39.6 W. to the northernmost extremity of Cape (f) A line drawn from the seaward ex- Island Point. tremity of the jetty on the northeast side of Masonboro Inlet to the seaward [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- extremity of the jetty on the southeast designated by CGD 81–017, 46 FR 28154, May side of the Inlet. 26, 1981, and amended by CGD 89–068, 55 FR 31831, Aug. 6, 1990] (g) Except as provided elsewhere in this section from Cape Lookout to § 80.707 Cape Romain, SC to Sullivans Cape Fear, lines drawn parallel with Island, SC. the general trend of the highwater shoreline across the entrance of small (a) A line drawn from the western ex- ° bays and inlets. tremity of Cape Romain 292 true to Racoon Key on the west side of Racoon [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Creek. designated by CGD 81–017, 46 FR 28154, May (b) A line drawn from the western- 26, 1981, and amended by CGD 84–091, 51 FR most extremity of Sandy Point across 7786, Mar. 6, 1986] Bull Bay to the northernmost extrem- § 80.530 Cape Fear, NC to Little River ity of Northeast Point. Inlet, NC. (c) A line drawn from the southernmost extremity of Bull Island to the (a) A line drawn from the abandoned easternmost extremity of Capers Is- lighthouse charted in approximate poland. sition latitude 33°52.4′ N. longitude 78°00.1′ W. across the Cape Fear River (d) A line formed by the overhead Entrance to Oak Island Light. power cable from Capers Island to Dewees Island. (b) Except as provided elsewhere in this section from Cape Fear to Little (e) A line formed by the overhead River Inlet, lines drawn parallel with power cable from Dewees Island to Isle the general trend of the highwater of Palms. shoreline across the entrance to small (f) A line formed by the centerline of inlets. the highway bridge between Isle of Palms and Sullivans Island over SEVENTH DISTRICT Breach Inlet.

§ 80.703 Little River Inlet, SC to Cape § 80.710 Charleston Harbor, SC. Romain, SC. (a) A line formed by the submerged (a) A line drawn from the western- north jetty from the shore to the west most extremity of the sand spit on Bird end of the north jetty.

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(b) A line drawn from across the sea- § 80.717 Tybee Island, GA to St. Simons ward extremity of the Charleston Har- Island, GA. bor Jetties. (a) A line drawn from the southern- (c) A line drawn from the west end of most extremity of Savannah Beach on the South Jetty across the South En- Tybee Island 255° true across Tybee trance to Charleston Harbor to shore Inlet to the shore of Little Tybee Is- on a line formed by the submerged land south of the entrance to Buck south jetty. Hammock Creek. (b) A straight line drawn from the § 80.712 Morris Island, SC to Hilton Head Island, SC. northeasternmost extremity of Wassaw Island 031° true through Tybee River (a) A line drawn from the eastern- Daybeacon 1 to the shore of Little most tip of Folley Island to the aban- Tybee Island. doned lighthouse tower on the (c) A line drawn approximately par- northside of Lighthouse Inlet; thence allel with the general trend of the west to the shoreline of Morris Island. highwater shorelines from the seaward (b) A straight line drawn from the tangent of Wassau Island to the sea- seaward tangent of Folly Island ward tangent of Bradley Point on through Folly River Daybeacon 10 Ossabaw Island. across Stono River to the shoreline of (d) A north-south line (longitude Sandy Point. 81°8.4′ W.) drawn from the southern- (c) A line drawn from the southernmost extremity of Ossabaw Island to ° most extremity of Seabrook Island 257 St. Catherines Island. true across the North Edisto River En- (e) A north-south line (longitude trance to the shore of Botany Bay Is- 81°10.6′ W.) drawn from the southern- land. most extremity of St. Catherines Is- (d) A line drawn from the microwave land to Northeast Point on Blackbeard antenna tower on Edisto Beach charted Island. in approximate position latitude (f) A line following the general trend ° ′ ° ′ 32 29.3 N. longitude 80 19.2 W. across of the seaward highwater shoreline St. Helena Sound to the abandoned across Cabretta Inlet. lighthouse tower on Hunting Island. (g) A north-south line (longitude (e) A line formed by the centerline of 81°16.9′ W.) drawn from the south-west- the highway bridge between Hunting ernmost point on Sapelo Island to Wolf Island and Fripp Island. Island. (f) A line drawn from the western- (h) A north-south line (longitude most extremity of Bull Point on Capers 81°17.1′ W.) drawn from the south-east- Island to Port Royal Sound Channel ernmost point of Wolf Island to the ° ′ Range Rear Light, latitude 32 13.7 N. northeasternmost point on Little St. ° ′ ° longitude 80 36.0 W.; thence 259 true to Simons Island. the easternmost extremity of Hilton (i) A line drawn from the north- ° ′ Head at latitude 32 13.0 N. longitude easternmost extremity of Sea Island ° ′ 80 40.1 W. 045° true to Little St. Simons Island. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- (j) An east-west line from the south- designated by CGD 81–017, 46 FR 28154, May ernmost extremity of Sea Island across 26, 1981, and amended by CGD 84–091, 51 FR Goulds Inlet to St. Simons Island. 7786, Mar. 6, 1986] § 80.720 St. Simons Island, GA to Amel- § 80.715 Savannah River. ia Island, FL. A line drawn from the southernmost (a) A line drawn from St. Simons tank on Hilton Head Island charted in Light to the northernmost tank on Je- approximate position latitude 32°06.7′ kyll Island charted in approximate po- N. longitude 80°49.3′ W. to Bloody Point sition latitude 31°05.9′ N. longitude Range Rear Light; thence to Tybee 81°24.5′ W. Range Rear Light. (b) A line drawn from the southern- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- most tank on Jekyll Island charted in designated by CGD 81–017, 46 FR 28154, May approximate position latitude 31°01.6′ 26, 1981, as amended by USCG–2008–0179, 73 N. longitude 81°25.2′ W. to coordinate FR 35002, June 19, 2008] latitude 30°59.4′ N. longitude 81°23.7′ W.

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(0.5 nautical mile east of the charted (h) A line drawn from Boca Raton position of St. Andrew Sound Lighted Inlet North Jetty Light 2 to Boca Buoy 32); thence to the abandoned Raton Inlet South Jetty Light 1. lighthouse tower on the north end of (i) A line drawn from Hillsboro Inlet Little Cumberland Island charted in Light to Hillsboro Inlet Entrance Light approximate position latitude 30°58.5′ 2; thence to Hillsboro Inlet Entrance N. longitude 81°24.8′ W. Light 1; thence west to the shoreline. (c) A line drawn across the seaward (j) A line drawn across the seaward extremity of the St. Marys River En- extremity of the Port Everglades En- trance Jetties. trance Jetties. (k) A line formed by the centerline of § 80.723 Amelia Island, FL to Cape Ca- the highway bridge over Bakers naveral, FL. Haulover Inlet. (a) A line drawn from the southernmost extremity of Amelia Island to the [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- northeasternmost extremity of Little designated by CGD 81–017, 46 FR 28154, May Talbot Island. 26, 1981, and amended by CGD 84–091, 51 FR 7786, Mar. 6, 1986] (b) A line formed by the centerline of the highway bridge from Little Talbot § 80.730 Miami Harbor, FL. Island to Fort George Island. A line drawn across the seaward ex- (c) A line drawn across the seaward extremity of the St. Johns River En- tremity of the Miami Harbor Govern- trance Jetties. ment Cut Jetties. (d) A line drawn across the seaward § 80.735 Miami, FL to Long Key, FL. extremity of the St. Augustine Inlet Jetties. (a) A line drawn from the southern- (e) A line formed by the centerline of most extremity of Fisher Island 212° the highway bridge over Matanzas true to the point latitude 25°45.0′ N. Inlet. longitude 80°08.6′ W. on Virginia Key. (f) A line drawn across the seaward (b) A line formed by the centerline of extremity of the Ponce de Leon Inlet the highway bridge between Virginia Jetties. Key and Key Biscayne. (c) A line drawn from Cape Florida § 80.727 Cape Canaveral, FL to Miami Light to the northernmost extremity Beach, FL. on Soldier Key. (a) A line drawn across the seaward (d) A line drawn from the southern- extremity of the Port Canaveral En- most extremity on Soldier Key to the trance Channel Jetties. northernmost extremity of the Ragged (b) A line drawn across the seaward Keys. extremity of the Sebastian Inlet Jet- (e) A line drawn from the Ragged ties. Keys to the southernmost extremity of (c) A line drawn across the seaward Angelfish Key following the general extremity of the Fort Pierce Inlet Jet- trend of the seaward shoreline. ties. (f) A line drawn on the centerline of (d) A north-south line (longitude the Overseas Highway (U.S. 1) and 80°09.7′ W.) drawn across St. Lucie bridges from latitude 25°19.3′ N. lon- Inlet. gitude 80°16.0′ W. at Little Angelfish (e) A line drawn from the seaward ex- Creek to the radar dome charted on tremity of Jupiter Inlet North Jetty to Long Key at approximate position lati- the northeast extremity of the con- tude 24°49.3′ N. longitude 80°49.2′ W. crete apron on the south side of Jupiter Inlet. [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR (f) A line drawn across the seaward 63169, Dec. 15, 1977. Redesignated by CGD 81– 017, 46 FR 28154, May 26, 1981, as amended by extremity of the Lake Worth Inlet Jet- CGD 84–091, 51 FR 7786, Mar. 6, 1986; 51 FR ties. 21748, June 16, 1986; CGD 89–068, 55 FR 31831, (g) A line drawn across the seaward Aug. 6, 1990] extremity of the Boynton Inlet Jetties.

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PUERTO RICO AND VIRGIN ISLANDS and Marco Island except inside lines specifically described in this part. SEVENTH DISTRICT (c) A north-south line drawn at longitude 81°20.2′ W. across the entrance to § 80.738 Puerto Rico and Virgin Is- Lopez River. lands. (d) A line drawn across the entrance (a) Except inside lines specifically de- to Turner River parallel to the general scribed in this section, the 72 trend of the shoreline. COLREGS shall apply on all other (e) A line formed by the centerline of bays, harbors and lagoons of Puerto Highway 92 Bridge at Goodland. Rico and the U.S. Virgin Islands. (b) A line drawn from Puerto San [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Juan Light to position 18°28′30″ N, designated by CGD 81–017, 46 FR 28154, May 066°08′24″ W, at the northwest extent of 26, 1981, as amended by CGD 84–091, 51 FR Isla de Cabras across the entrance of 7786, Mar. 6, 1986] San Juan Harbor. § 80.748 Cape Romano, FL to Sanibel [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Island, FL. designated by CGD 81–017, 46 FR 28154, May (a) A line drawn across Big Marco 26, 1981, as amended by USCG–2008–0179, 73 Pass parallel to the general trend of FR 35002, June 19, 2008] the seaward, highwater shoreline. GULF COAST (b) A line drawn from the north- westernmost extremity of Coconut Is- SEVENTH DISTRICT land 000°T across Capri Pass. (c) Lines drawn across Hurricane and § 80.740 Long Key, FL to Cape Sable, Little Marco Passes parallel to the FL. general trend of the seaward, A line drawn from the microwave highwater shoreline. tower charted on Long Key at approxi- (d) A line from the seaward extrem- mate position latitude 24°48.8′ N. lon- ity of Gordon Pass South Jetty 014° gitude 80°49.6′ W. to Long Key Light 1; true to the shoreline at approximate thence to Arsenic Bank Light 2; thence coordinate latitude 26°05.7′ N. longitude to Sprigger Bank Light 5; thence to 81°48.1′ W. Schooner Bank Light 6; thence to (e) A line drawn across the seaward Oxfoot Bank Light 10; thence to East extremity of Doctors Pass Jetties. Cape Light 2; thence through East Cape (f) Lines drawn across Wiggins, Big Daybeacon 1A to the shoreline at East Hickory, New, and Big Carlos Passes Cape. parallel to the general trend of the sea- [CGD 84–091, 51 FR 21748, June 16, 1986] ward highwater shoreland. (g) A straight line drawn from § 80.745 Cape Sable, FL to Cape Ro- Sanibel Island Light through Matanzas mano, FL. Pass Channel Light 2 to the shore of (a) A line drawn following the gen- Estero Island. eral trend of the mainland, highwater [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR shoreline from Cape Sable at East Cape 63169, Dec. 15, 1977, as amended by CGD 78– to Little Shark River Light 1; thence 052, 44 FR 69298, Dec. 3, 1979. Redesignated by to westernmost extremity of Shark CGD 81–017, 46 FR 28154, May 26, 1981, as Point; thence following the general amended by CGD 84–091, 51 FR 7786, Mar. 6, trend of the mainland, highwater 1986] shoreline crossing the entrances of Harney River, Broad Creek, Broad § 80.750 Sanibel Island, FL to St. Pe- River, Rodgers River First Bay, Chat- tersburg, FL. ham River, Huston River, to the shore- (a) A line formed by the centerline of line at coordinate latitude 25°41.8′ N. the highway bridge over Blind Pass, be- longitude 81°17.9′ W. tween Captiva Island and Sanibel Is- (b) The 72 COLREGS shall apply to land, and lines drawn across Redfish the waters surrounding the Ten Thou- and Captiva Passes parallel to the gen- sand Islands and the bays, creeks, in- eral trend of the seaward, highwater lets, and rivers between Chatham Bend shorelines.

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(b) A line drawn from La Costa Test N. 82°50.6′ W; thence a straight line Pile North Light to Port Boca Grande through Anclote River Cut B Range Light. Rear Light to the shoreline. (c) Lines drawn across Gasparilla and [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Stump Passes parallel to the general designated by CGD 81–017, 46 FR 28154, May trend of the seaward, highwater shore- 26, 1981, as amended by CGD 84–091, 51 FR lines. 21748, June 16, 1986; CGD 93–071, 58 FR 65668, (d) A line across the seaward extrem- Dec. 16, 1993] ity of Venice Inlet Jetties. (e) A line drawn across Midnight Pass § 80.755 Anclote, FL to the Suncoast parallel to the general trend of the sea- Keys, FL. ward, highwater shoreline. (a) Except inside lines specifically de- (f) A line drawn from Big Sarasota scribed in this section, the 72 Pass Light 14 to the southernmost ex- COLREGS shall apply on the bays, bay- tremity of Lido Key. ous, creeks, marinas, and rivers from (g) A line drawn across New Pass tan- Anclote to the Suncoast Keys. gent to the seaward, highwater shore- (b) A north-south line drawn at lon- line of Longboat Key. gitude 82°38.3′ W. across the (h) A line drawn across Longboat Chassahowitzka River Entrance. Pass parallel to the seaward, highwater shoreline. § 80.757 Suncoast Keys, FL to Horse- (i) A line drawn from the north- shoe Point, FL. westernmost extremity of Bean Point (a) Except inside lines specifically to the southeasternmost extremity of decribed in this section, the 72 Egmont Key. COLREGS shall apply on the bays, bay- (j) A straight line drawn from ous, creeks, and marinas from the Egmont Key Light through Egmont Suncoast Keys to Horseshoe Point. Channel Range Rear Light to the (b) A line formed by the centerline of shoreline on Mullet Key. Highway 44 Bridge over the Salt River. (k) A line drawn from the northern- (c) A north-south line drawn through most extremity of Mullet Key across Crystal River Entrance Daybeacon 25 Bunces Pass and South Channel to across the river entrance. Pass-a-Grille Channel Light 8; thence (d) A north-south line drawn through to Pass-a-Grille Channel Daybeacon 9; the Cross Florida Barge Canal thence to the southwesternmost ex- Daybeacon 48 across the canal. tremity of Long Key. (e) A north-south line drawn through [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR Withlacoochee River Daybeacon 40 63169, Dec. 15, 1977. Redesignated by CGD 81– across the river. 017, 46 FR 28154, May 26, 1981, as amended by (f) A line drawn from the western- CGD 84–091, 51 FR 7787, Mar. 6, 1986; CGD 93– 071, 58 FR 65668, Dec. 16, 1993] most extremity of South Point north to the shoreline across the Waccasassa § 80.753 St. Petersburg, FL to the River Entrance. Anclote, FL. (g) A line drawn from position lati- ° ′ ° ′ ° (a) A line drawn across Blind Pass, tude 29 16.6 N. longitude 83 06.7 W. 300 between Treasure Island and Long Key, true to the shoreline of Hog Island. parallel with the general trend of the (h) A north-south line drawn through seaward, highwater shorline. Suwannee River Wadley Pass Channel (b) Lines formed by the centerline of Daybeacons 30 and 31 across the Su- the highway bridges over Johns and wannee River. Clearwater Passes. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- (c) A line drawn across Dunedin and designated by CGD 81–017, 46 FR 28154, May Hurricane Passes parallel with the gen- 26, 1981, as amended by CGD 84–091, 51 FR eral trend of the seaward, highwater 7787, Mar. 6, 1986] shoreline. (d) A line drawn from the northern- § 80.760 Horeshoe Point, FL to Rock Is- most extremity of Honeymoon Island land, FL. to Anclote Anchorage South Entrance (a) Except inside lines specifically de- Light 7; thence to Anclote Key 28°10.0′ scribed provided in this section, the 72

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COLREGS shall apply on the bays, bay- St. Joseph Bay Entrance Range B ous, creeks, marinas, and rivers from Front Light to St. Joseph Point. Horseshoe Point to the Rock Islands. (b) A line drawn across the mouth of (b) A north-south line drawn through Salt Creek as an extension of the gen- Steinhatchee River Light 21. eral trend of the shoreline to continue (c) A line drawn from Fenholloway across the inlet to St. Andrews sound River Approach Light FR east across in the middle of Crooked Island. the entrance to Fenholloway River. (c) A line drawn from the northernmost extremity of Crooked Island 000° EIGHTH DISTRICT T. to the mainland. (d) A line drawn from the eastern- § 80.805 Rock Island, FL to Cape San most extremity of Shell Island 120° Blas, FL. true to the shoreline across the east (a) A south-north line drawn from entrance to St. Andrews Bay. the Econfina River Light to the oppo- (e) A line drawn between the seaward site shore. end of the St. Andrews Bay Entrance (b) A line drawn from Gamble Point Jetties. Light to the southernmost extremity (f) A line drawn between the seaward of Cabell Point. end of the Choctawatchee Bay En- (c) A line drawn from St. Mark’s trance Jetties. Range Rear Light to St. Mark’s Chan- (g) An east-west line drawn from nel Light 11; thence to the southern- Fort McRee Leading Light across the most extremity of Live Oak Point; Pensacola Bay Entrance along latitude thence in a straight line through Shell 30°19.5′ N. Point Light to the southernmost ex- (h) A line drawn between the seaward tremity of Ochlockonee Point; thence end of the Perdido Pass Jetties. to Bald Point along longitude 84°20.5′ [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- W. designated by CGD 81–017, 46 FR 28154, May (d) A line drawn from the south shore 26, 1981, as amended by CGD 84–091, 51 FR of Southwest Cape at longitude 84°22.7′ 7787, Mar. 6, 1986] W. to Dog Island Reef East Light 1; thence to Turkey Point Light 2; thence § 80.815 Mobile Bay, AL to the to the easternmost extremity of Dog Chandeleur Islands, LA. Island. (a) A line drawn across the inlets to (e) A line drawn from the western- Little Lagoon as an extension of the most extremity of Dog Island to the general trend of the shoreline. easternmost extremity of St. George (b) A line drawn from Mobile Point Island. Light to Dauphin Island Channel Light (f) A line drawn across the seaward No. 1 to the eastern corner of Fort extremity of the St. George Island Gaines at Pelican Point. Channel Jetties. (c) A line drawn from the western- (g) A line drawn from the north- most extremity of Dauphin Island to westernmost extremity of Sand Island the easternmost extremity of Petit to West Pass Light 7. Bois Island. (h) A line drawn from the western- (d) A line drawn from Horn Island most extremity of St. Vincent Island Pass Entrance Range Front Light on to the southeast, highwater shoreline Petit Bois Island to the easternmost of Indian Peninsula at Longitude extremity of Horn Island. 85°13.5′ W. (e) An east-west line (latitude 30°14.7′ N.) drawn between the westernmost ex- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May tremity of Horn Island to the eastern- 26, 1981, as amended by CGD 84–091, 51 FR most extremity of Ship Island. 7787, Mar. 6, 1986; USCG–2008–0179, 73 FR (f) A curved line drawn following the 35002, June 19, 2008] general trend of the seaward, highwater shoreline of Ship Island. § 80.810 Cape San Blas, FL to Perdido (g) A line drawn from the Ship Island Bay, FL. Light to Chandeleur Light; thence in a (a) A line drawn from St. Joseph Bay curved line following the general trend Entrance Range A Rear Light through of the seaward, highwater shorelines of

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the Chandeleur Islands to the island at longitude 89°24.3′ W.; thence a curved latitude 29°44.1′ N., longitude 88°53.0′ line following the general trend of the W.; thence to latitude 29°26.5′ N., lon- highwater shoreline to Point Au Fer Is- gitude 88°55.6′ W. land except as otherwise described in this section. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May (b) A line drawn across the seaward 26, 1981, as amended by CGD 84–091, 51 FR extremity of the Empire Waterway 7787, Mar. 6, 1986; CGD 89–068, 55 FR 31831, (Bayou Fontanelle) entrance jetties. Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990] (c) An east-west line drawn from the westernmost extremity of Grand Terre § 80.825 Mississippi Passes, LA. Islands in the direction of 194° true to (a) A line drawn from latitude 29°26.5′ the Grand Isle Fishing Jetty Light. N., longitude 88°55.6′ W. to latitude (d) A line drawn between the seaward 29°10.6′ N., longitude 88°59.8′ W.; thence extremity of the Belle Pass Jetties. to latitude 29°03.5′ N., longitude 89°03.7′ (e) A line drawn from the western- W.; thence to latitude 28°58.8′ N., lon- most extremity of the Timbalier Island gitude 89°04.3′ W. to the easternmost extremity of Isles (b) A line drawn from latitude 28°58.8′ Dernieres. N., longitude 89°04.3′ W.; to latitude (f) A south-north line drawn from 28°57.3′ N., longitude 89°05.3′ W.; thence Caillou Bay Light 13 across Caillou to latitude 28°56.95′ N., longitude 89°05.6′ Boca. ° ′ W.; thence to latitude 29 00.4 N., lon- (g) A line drawn 107° true from ° ′ gitude 89 09.8 W.; thence following the Caillou Bay Boat Landing Light across general trend of the seaward highwater the entrances to Grand Bayou du Large shoreline in a northwesterly direction and Bayou Grand Caillou. ° ′ ° ′ to latitude 29 03.4 N., longitude 89 13.0 (h) A line drawn on an axis of 103° ° ′ W.; thence west to latitude 29 03.5 N., true through Taylors Bayou Entrance ° ′ longitude 89 15.5 W.; thence following Light 2 across the entrances to Jack the general trend of the seaward Stout Bayou, Taylors Bayou, Pelican highwater shoreline in a southwesterly Pass, and Bayou de West. direction to latitude 28°57.7′ N., longitude 89°22.3′ W. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- (c) A line drawn from latitude 28°57.7′ designated by CGD 81–017, 46 FR 28154, May N., longitude 89°22.3′ W.; to latitude 26, 1981, as amended by CGD 84–091, 51 FR 28°51.4′ N., longitude 89°24.5′ W.; thence 7787, Mar. 6, 1986] to latitude 28°52.65′ N., longitude ° ′ § 80.835 Point Au Fer, LA to Calcasieu 89 27.1 W.; thence to the seaward ex- Pass, LA. tremity of the Southwest Pass West Jetty located at latitude 28°54.5′ N., (a) A line drawn from Point Au Fer longitude 89°26.1′ W. to Atchafalaya Channel Light 34, to Point Au Fer Reef Light 33; thence to [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Atchafalaya Bay Pipeline Light D lati- designated by CGD 81–017, 46 FR 28154, May tude 29°25.0′ N. longitude 91°31.7′ W.; 26, 1981, as amended by CGD 84–091, 51 FR thence to Atchafalaya Bay Light 1 lati- 7787, Mar. 6, 1986; CGD 89–068, 55 FR 31831, ° ′ ° ′ Aug. 6, 1990; USCG–2012–0306, 77 FR 37312, tude 29 25.3 N. longitude 91 35.8 W.; June 21, 2012] thence to South Point. (b) Lines following the general trend § 80.830 Mississippi Passes, LA to of the highwater shoreline drawn Point Au Fer, LA. across the bayou and canal inlets from (a) A line drawn from the seaward ex- the Gulf of Mexico between South tremity of the Southwest Pass West Point and Calcasieu Pass except as oth- Jetty located at coordinate latitude erwise described in this section. 28°54.5′ N. longitude 89°26.1′ W.; thence (c) A line drawn on an axis of 140° following the general trend of the sea- true through Southwest Pass ward, highwater jetty and shoreline in Vermillion Bay Light 4 across South- a north, northeasterly direction to Old west Pass. Tower latitude 28°58.8′ N. longitude (d) A line drawn across the seaward 89°23.3′ W.; thence to West Bay light; extremity of the Freshwater Bayou thence to coordinate latitude 29°05.2′ N. Canal Entrance Jetties.

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(e) A line drawn from Mermentau Bay, Cedar Bayou, Corpus Christi Bay, Channel East Jetty Light 6 to and Laguna Madre. Mermentau Channel West Jetty Light (b) A line drawn across the seaward 7. extremity of Matagorda Ship Channel (f) A line drawn from the radio tower North Jetties. charted in approximate position lati- (c) A line drawn from the seaward tude 29°45.7′ N. longitude 93°06.3′ W. 115° tangent of Matagorda Peninsula at true across Mermentau Pass. Decros Point to Matagorda Light. (g) A line drawn across the seaward (d) A line drawn across the seaward extremity of the Calcasieu Pass Jet- extremity of the Aransas Pass Jetties. ties. (e) A line drawn across the seaward extremity of the Port Mansfield En- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May trance Jetties. 26, 1981, as amended by CGD 84–091, 51 FR (f) A line drawn across the seaward 7787, Mar. 6, 1986] extremity of the Brazos Santiago Pass Jetties. § 80.840 Sabine Pass, TX to Galveston, TX. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May (a) A line drawn from the Sabine 26, 1981, as amended by CGD 84–091, 51 FR Pass East Jetty Light to the seaward 7787, Mar. 6, 1986] end of the Sabine Pass West Jetty. (b) Lines drawn across the small boat PACIFIC COAST passes through the Sabine Pass East ELEVENTH DISTRICT and West Jetties. (c) A line formed by the centerline of § 80.1102 Santa Catalina Island, CA. the highway bridge over Rollover Pass at Gilchrist. The 72 COLREGS shall apply to the harbors on Santa Catalina Island. § 80.845 Galveston, TX to Freeport, TX. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- (a) A line drawn from Galveston designated by CGD 81–017, 46 FR 28154, May North Jetty Light 6A to Galveston 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] South Jetty Light 5A. (b) A line formed by the centerline of § 80.1104 San Diego Harbor, CA. the highway bridge over San Luis Pass. A line drawn from Zuniga Jetty (c) Lines formed by the centerlines of Light ‘‘V’’ to Zuniga Jetty Light ‘‘Z’’; the highway bridges over the inlets to thence to Point Loma Light. Christmas Bay (Cedar Cut) and Drum Bay. [CGD 84–091, 51 FR 7787, Mar. 6, 1986. Redesig- (d) A line drawn from the seaward ex- nated by CGD 87–008b, 52 FR 25218, July 6, tremity of the Freeport North Jetty to 1987] Freeport Entrance Light 6; thence Freeport Entrance Light 7; thence the § 80.1106 Mission Bay, CA. seaward extremity of Freeport South A line drawn from Mission Bay South Jetty. Jetty Light 2 to Mission Bay North Jetty Light 1. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- 26, 1981, as amended by CGD 84–091, 51 FR designated by CGD 81–017, 46 FR 28154, May 7787, Mar. 6, 1986] 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] § 80.850 Brazos River, TX to the Rio Grande, TX. § 80.1108 Oceanside Harbor, CA. (a) Except as otherwise described in A line drawn from Oceanside South this section lines drawn continuing the Jetty Light 4 to Oceanside Breakwater general trend of the seaward, Light 3. highwater shorelines across the inlets [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- to Brazos River Diversion Channel, San designated by CGD 81–017, 46 FR 28154, May Bernard River, Cedar Lakes, Brown 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, Cedar Cut, Colorado River, Matagorda 1987]

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§ 80.1110 Dana Point Harbor, CA. (c) A line drawn from Marina Del Rey Light 4 to the seaward extremity of the A line drawn from Dana Point Jetty Ballona Creek South Jetty. Light 6 to Dana Point Breakwater Light 5. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, designated by CGD 81–017, 46 FR 28154, May 1987] 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] § 80.1120 Port Hueneme, CA. (a) A line drawn from Port Hueneme § 80.1112 Newport Bay, CA. East Jetty Light 4 to Port Hueneme A line drawn from Newport Bay East West Jetty Light 3. Jetty Light 4 to Newport Bay West [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Jetty Light 3. designated by CGD 81–017, 46 FR 28154, May 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- 1987] designated by CGD 81–017, 46 FR 28154, May 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, § 80.1122 Channel Islands Harbor, CA. 1987] (a) A line drawn from Channel Is- § 80.1114 San Pedro Bay—Anaheim lands Harbor South Jetty Light 2 to Bay, CA. Channel Islands Harbor Breakwater South Light 1. (a) A line drawn across the seaward (b) A line drawn from Channel Is- extremities of the Anaheim Bay En- lands Harbor Breakwater North Light trance Jetties; thence to Long Beach to Channel Islands Harbor North Jetty Breakwater East End Light 1. Light 5. (b) A line drawn from Long Beach Channel Entrance Light 2 to Long [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May Beach Light. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, (c) A line drawn from Los Angeles 1987] Main Entrance Channel Light 2 to Los Angeles Light. § 80.1124 Ventura Marina, CA. A line drawn from Ventura Marina [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May South Jetty Light 6 to Ventura Marina 26, 1981, as amended by CGD 84–091, 51 FR Breakwater South Light 3; thence to 7787, Mar. 6, 1986. Further redesignated by Ventura Marina North Jetty Light 7. CGD 87–008b, 52 FR 25218, July 6, 1987] [CGD 84–091, 51 FR 7787, Mar. 6, 1986. Redesig- nated by CGD 87–008b, 52 FR 25218, July 6, § 80.1116 Redondo Harbor, CA. 1987] A line drawn from Redondo Beach § 80.1126 Santa Barbara Harbor, CA. East Jetty Light 2 to Redondo Beach West Jetty Light 3. A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara Har- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- bor Breakwater Light. designated by CGD 81–017, 46 FR 28154, May 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- 1987] designated by CGD 81–017, 46 FR 28154, May 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, § 80.1118 Marina Del Rey, CA. 1987] (a) A line drawn from Marina Del Rey § 80.1130 San Luis Obispo Bay, CA. Breakwater South Light 1 to Marina A line drawn from the southernmost Del Rey Light 4. extremity of Fossil Point to the sea- (b) A line drawn from Marina Del Rey ward extremity of Whaler Island Breakwater North Light 2 to Marina Breakwater. Del Rey Light 3. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987]

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§ 80.1132 Estero-Morro Bay, CA. § 80.1144 Bodega and Tomales Bay, CA. A line drawn from the seaward ex- (a) An east-west line drawn from tremity of the Morro Bay East Break- Sand Point to Avalis Beach. water to the Morro Bay West Break- (b) A line drawn from the seaward ex- water Light. tremity of Bodega Harbor North Break- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- water to Bodega Harbor Entrance designated by CGD 81–017, 46 FR 28154, May Light 1. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. Redesignated by CGD 81– § 80.1134 Monterey Harbor, CA. 017, 46 FR 28154, May 26, 1981, and CGD 87– 008b, 52 FR 25218, July 6, 1987] A line drawn from Monterey Harbor Light 6 to the northern extremity of § 80.1146 Albion River, CA. Monterey Municipal Wharf 2. A line drawn on an axis of 030° true [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- through Albion River Light 1 across designated by CGD 81–017, 46 FR 28154, May Albion Cove. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May § 80.1136 Moss Landing Harbor, CA. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, A line drawn from the seaward ex- 1987] tremity of the pier located 0.3 mile south of Moss Landing Harbor En- § 80.1148 Noyo River, CA. trance to the seaward extremity of the A line drawn from Noyo River En- Moss Landing Harbor North Break- trance Daybeacon 4 to Noyo River En- water. trance Light 5. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May designated by CGD 81–017, 46 FR 28154, May 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] 1987] § 80.1138 Santa Cruz Harbor, CA. § 80.1150 Arcata-Humboldt Bay, CA. A line drawn from the seaward extremity of the Santa Cruz Harbor East A line drawn from Humboldt Bay En- Breakwater to Santa Cruz Harbor West trance Light 4 to Humboldt Bay En- Breakwater Light; thence to Santa trance Light 3. Cruz Light. [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- [CGD 84–091, 51 FR 21748, June 16, 1986. Redes- designated by CGD 81–017, 46 FR 28154, May ignated by CGD 87–008b, 52 FR 25218, July 6, 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] 1987]

§ 80.1140 Pillar Point Harbor, CA. § 80.1152 Crescent City Harbor, CA. A line drawn from Pillar Point Har- A line drawn from Crescent City En- bor Light 6 to Pillar Point Harbor En- trance Light to the southeasternmost trance Light. extremity of Whaler Island. [CGD 84–091, 51 FR 7788, Mar. 6, 1986. Redesig- [CGD 84–091, 51 FR 7788, Mar. 6, 1986. Redesig- nated by CGD 87–008b, 52 FR 25218, July 6, nated by CGD 87–008b, 52 FR 25218, July 6, 1987] 1987]

§ 80.1142 San Francisco Harbor, CA. THIRTEENTH DISTRICT A straight line drawn from Point Bonita Light through Mile Rocks Light § 80.1305 Chetco River, OR. to the shore. A line drawn across the seaward ex- [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- tremities of the Chetco River Entrance designated by CGD 81–017, 46 FR 28154, May Jetties. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987] [CGD 84–091, 51 FR 7788, Mar. 6, 1986]

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§ 80.1310 Rogue River, OR. § 80.1355 Tillamook Bay, OR. A line drawn across the seaward ex- A line drawn across the seaward extremities of the Rogue River Entrance tremities of the Tillamook Bay En- Jetties. trance Jetties. [CGD 84–091, 51 FR 7788, Mar. 6, 1986] [CGD 84–091, 51 FR 7788, Mar. 6, 1986]

§ 80.1315 Coquille River, OR. § 80.1360 Nehalem River, OR. A line drawn across the seaward ex- A line drawn approximately parallel tremities of the Coquille River En- with the general trend of the highwater trance Jetties. shoreline across the Nehalem River En- [CGD 84–091, 51 FR 7788, Mar. 6, 1986] trance.

§ 80.1320 Coos Bay, OR. § 80.1365 Columbia River Entrance, OR/WA. A line drawn across the seaward extremities of the Coos Bay Entrance A line drawn from the seaward ex- Jetties. tremity of the Columbia River North Jetty (above water) 155° true to the [CGD 84–091, 51 FR 7788, Mar. 6, 1986] seaward extremity of the Columbia River South Jetty (above water). § 80.1325 Umpqua River, OR. A line drawn across the seaward ex- § 80.1370 Willapa Bay, WA. tremities of the Umpqua River En- A line drawn from Willapa Bay Light trance Jetties. 169.8° true to the westernmost tripod [CGD 84–091, 51 FR 7788, Mar. 6, 1986] charted 1.6 miles south of Leadbetter Point. § 80.1330 Siuslaw River, OR. [CGD 89–068, 55 FR 31831, Aug. 6, 1990] A line drawn across the seaward extremities of the Siuslaw River En- § 80.1375 Grays Harbor, WA. trance Jetties. A line drawn across the seaward ex- [CGD 84–091, 51 FR 7788, Mar. 6, 1986] tremities (above water) of the Grays Harbor Entrance Jetties. § 80.1335 Alsea Bay, OR. [CGD 84–091, 51 FR 7788, Mar. 6, 1986] A line drawn from the seaward shoreline on the north of the Alsea Bay En- § 80.1380 Quillayute River, WA. trance 165° true across the channel en- A line drawn from the seaward ex- trance. tremity of the Quillayute River En- § 80.1340 Yaquina Bay, OR. trance East Jetty to the overhead power cable tower charted on James Is- A line drawn across the seaward ex- land; thence a straight line through tremities of the Yaquina Bay Entrance Quillayute River Entrance Light 3 to Jetties. the shoreline. [CGD 84–091, 51 FR 7788, Mar. 6, 1986] § 80.1385 Strait of Juan de Fuca. § 80.1345 Depoe Bay, OR. The 72 COLREGS shall apply on all A line drawn across the Depoe Bay waters of the Strait of Juan de Fuca. Channel entrance parallel with the general trend of the highwater shore- [CGD 81–087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26, line. 1984] § 80.1350 Netarts Bay, OR. A line drawn from the northernmost extremity of the shore on the south side of Netarts Bay north to the opposite shoreline.

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§ 80.1390 Haro Strait and Strait of § 80.1460 Kahului Harbor, Maui, HI. Georgia. A line drawn from Kahului Harbor The 72 COLREGS shall apply on all Entrance East Breakwater Light to waters of the Haro Strait and the Kahului Harbor Entrance West Break- Strait of Georgia. water Light. [CGD 81–087, 46 FR 61457, Dec. 17, 1981; 47 FR [CGD 89–068, 55 FR 31832, Aug. 6, 1990] 3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26, 1984] § 80.1470 Kawaihae Harbor, Hawaii, HI. § 80.1395 Puget Sound and adjacent waters. A line drawn from Kawaihae Light to the seaward extremity of the Kawaihae The 72 COLREGS shall apply on all South Breakwater. waters of Puget Sound and adjacent waters, including Lake Union, Lake § 80.1480 Hilo Harbor, Hawaii, HI. Washington, Hood Canal, and all tributaries. A line drawn from the seaward extremity of the Hilo Breakwater 265° [CGD 81–087, 46 FR 61457, Dec. 17, 1981; 47 FR true (as an extension of the seaward 3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26, side of the breakwater) to the shoreline 1984] 0.2 nautical mile north of Alealea Point. PACIFIC ISLANDS

FOURTEENTH DISTRICT § 80.1490 Apra Harbor, U.S. Territory of Guam. § 80.1410 Hawaiian Island Exemption A line drawn from the westernmost from General Rule. extremity of Orote Island to the west- Except as provided elsewhere in this ernmost extremity of Glass Break- part for Mamala Bay and Kaneohe Bay water. on Oahu; Port Allen and Nawiliwili Bay on Kauai; Kahului Harbor on Maui; § 80.1495 U.S. Pacific Island Posses- and Kawailae and Hilo Harbors on Ha- sions. waii, the 72 COLREGS shall apply on The 72 COLREGS shall apply on the all other bays, harbors, and lagoons of bays, harbors, lagoons, and waters sur- the Hawaiian Island (including Mid- rounding the U.S. Pacific Island Pos- way). sessions of American Samoa, Baker, Howland, Jarvis, Johnson, Palmyra, § 80.1420 Mamala Bay, Oahu, HI. Swains and Wake Islands. A line drawn from Barbers Point [CGD 94–011, 63 FR 5731, Feb. 4, 1998] Light to Diamond Head Light. ALASKA § 80.1430 Kaneohe Bay, Oahu, HI. A straight line drawn from Pyramid SEVENTEENTH DISTRICT Rock Light across Kaneohe Bay through the center of Mokolii Island to § 80.1705 Alaska. the shoreline. The 72 COLREGS shall apply on all the sounds, bays, harbors, and inlets of § 80.1440 Port Allen, Kauai, HI. Alaska. A line drawn from Hanapepe Light to [CGD 79–036, 44 FR 22458, Apr. 16, 1979. Redes- Hanapepe Bay Breakwater Light. ignated by CGD 81–017, 46 FR 28154, May 26, 1981] [CGD 77–118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. Redesignated by CGD 81– 017, 46 FR 28154, May 26, 1981] PART 81—72 COLREGS: IMPLEMENTING RULES § 80.1450 Nawiliwili Harbor, Kauai, HI. A line drawn from Nawiliwili Harbor Sec. Breakwater Light to Kukii Point 81.1 Definitions. Light. 81.3 General.

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ALTERNATIVE COMPLIANCE of Management and Budget under OMB 81.5 Application for a Certificate of Alter- control No. 1625–0019. native Compliance. [CGD 77–136, 47 FR 13799, Apr. 1, 1982, as 81.9 Certificate of Alternative Compliance: Contents. amended by USCG–2006–25150, 71 FR 39208, 81.17 Certificate of Alternative Compliance: July 12, 2006] Termination. 81.18 Notice and record of certification of ALTERNATIVE COMPLIANCE vessels of special construction or purpose. § 81.5 Application for a Certificate of Alternative Compliance. EXEMPTIONS (a) The owner, builder, operator, or 81.20 Lights and sound signal appliances. agent of a vessel of special construc- AUTHORITY: 33 U.S.C. 1607; E.O. 11964; 49 tion or purpose who believes the vessel CFR 1.46. cannot fully comply with the 72 SOURCE: CGD 76–130, 42 FR 17111, Mar. 31, COLREGS light, shape, or sound signal 1977, unless otherwise noted. Redesignated provisions without interference with by CGD 81–017, 46 FR 28154, May 26, 1981. its special function may apply for a determination that alternative compli- § 81.1 Definitions. ance is justified. The application must As used in this part: be in writing, submitted to the Chief of 72 COLREGS refers to the Inter- the Marine Safety Division of the national Regulations for Preventing Coast Guard District in which the ves- Collisions at Sea, 1972, done at London, sel is being built or operated, and in- October 20, 1972, as rectified by the clude the following information: Proces-Verbal of December 1, 1973, as (1) The name, address, and telephone amended. number of the applicant. A vessel of special construction or pur- (2) The identification of the vessel by pose means a vessel designed or modi- its: fied to perform a special function and (i) Official number; whose arrangement is thereby made (ii) Shipyard hull number; relatively inflexible. Interference with the special function of (iii) Hull identification number; or the vessel occurs when installation or (iv) State number, if the vessel does use of lights, shapes, or sound-sig- not have an official number or hull naling appliances under 72 COLREGS identification number. prevents or significantly hinders the (3) Vessel name and home port, if operation in which the vessel is usually known. engaged. (4) A description of the vessel’s area of operation. [CGD 77–136, 47 FR 13799, Apr. 1, 1982] (5) A description of the provision for § 81.3 General. which the Certificate of Alternative Compliance is sought, including: Vessels of special construction or purpose which cannot fully comply (i) The 72 COLREGS Rule or Annex with the light, shape, and sound signal section number for which the Certifi- provisions of 72 COLREGS without cate of Alternative Compliance is interfering with their special function sought; may instead meet alternative require- (ii) A description of the special func- ments. The Chief of the Marine Safety tion of the vessel that would be inter- Division in each Coast Guard District fered with by full compliance with the Office makes this determination and provision of that Rule or Annex sec- requires that alternative compliance tion; and be as close as possible with the 72 (iii) A statement of how full compli- COLREGS. These regulations set out ance would interfere with the special the procedure by which a vessel may be function of the vessel. certified for alternative compliance. (6) A description of the alternative The information collection and record- installation that is in closest possible keeping requirements in §§ 81.5 and compliance with the applicable 72 81.18 have been approved by the Office COLREGS Rule or Annex section.

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(7) A copy of the vessel’s plans or an engaged in the operation for which the accurate scale drawing that clearly certificate is issued. shows: [CGD 77–136, 47 FR 13800, Apr. 1, 1982] (i) The required installation of the equipment under the 72 COLREGS, § 81.17 Certificate of Alternative Com- (ii) The proposed installation of the pliance: Termination. equipment for which certification is The Certificate of Alternative Com- being sought, and pliance terminates if the information (iii) Any obstructions that may supplied under § 81.5(a) or the Certifi- interfere with the equipment when in- cate issued under § 81.9 is no longer ap- stalled in: plicable to the vessel. (A) The required location; and (B) The proposed location. [CGD 77–136, 47 FR 13800, Apr. 1, 1982] (b) The Coast Guard may request § 81.18 Notice and record of certifi- from the applicant additional informa- cation of vessels of special con- tion concerning the application. struction or purpose. (Approved by the Office of Management and (a) In accordance with 33 U.S.C. Budget under control number 1625–0019) 1605(c), a notice is published in the FEDERAL REGISTER of the following: [CGD 77–136, 47 FR 13799, Apr. 1, 1982, as amended by USCG–2006–25150, 71 FR 39208, (1) Each Certificate of Alternative July 12, 2006] Compliance issued under § 81.9; and (2) Each Coast Guard vessel deter- § 81.9 Certificate of Alternative Com- mined by the Commandant to be a ves- pliance: Contents. sel of special construction or purpose. The Chief of the Marine Safety Divi- (b) Copies of Certificate of Alter- sion issues the Certificate of Alter- native Compliance and documentation native Compliance to the vessel based concerning Coast Guard vessels are on a determination that it cannot com- available for inspection at Marine ply fully with 72 COLREGS light, Safety, Security and Environmental shape, and sound signal provisions Protection, U.S. Coast Guard Head- without interference with its special quarters, (CG–5), 2100 2nd St., SW., Stop function. This Certificate includes— 7355, Washington, DC 20593–7355. (a) Identification of the vessel as sup- (c) The owner or operator of a vessel plied in the application under issued a Certificate shall ensure that § 81.5(a)(2); the vessel does not operate unless the Certificate of Alternative Compliance (b) The provision of the 72 COLREGS or a certified copy of that Certificate is for which the Certificate authorizes al- on board the vessel and available for ternative compliance; inspection by Coast Guard personnel. (c) A certification that the vessel is unable to comply fully with the 72 (Approved by the Office of Management and COLREGS lights, shape, and sound sig- Budget under control number 1625–0019) nal requirements without interference [CGD 77–136, 47 FR 13800, Apr. 1, 1982, as with its special function; amended by CGD 88–052, 53 FR 25119, July 1, (d) A statement of why full compli- 1988; CGD 96–026, 61 FR 33663, June 28, 1996; ance would interfere with the special CGD 78–82, 43 FR 54186, Nov. 20, 1978; USCG– function of the vessel; 2006–25150, 71 FR 39208, July 12, 2006; USCG– 2010–0351, 75 FR 36281, June 25, 2010] (e) The required alternative installation; EXEMPTIONS (f) A statement that the required alternative installation is in the closest § 81.20 Lights and sound signal appli- possible compliance with the 72 ances. COLREGS without interfering with the Each vessel under the 72 COLREGS, special function of the vessel; except the vessels of the Navy, is ex- (g) The date of issuance; empt from the requirements of the 72 (h) A statement that the Certificate COLREGS to the limitation for the pe- of Alternative Compliance terminates riod of time stated in Rule 38 (a), (b), when the vessel ceases to be usually (c), (d), (e), (f), and (g) if:

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(a) Her keel is laid or is at a cor- nected in a composite unit, they are re- responding stage of construction before garded as a power-driven vessel and July 15, 1977; and must exhibit the lights under Rule 23. (b) She meets the International Reg- A ‘‘composite unit’’ is interpreted to be ulations for Preventing Collisions at a pushing vessel that is rigidly con- Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051– nected by mechanical means to a ves- 1094). sel being pushed so they react to sea [CGD 76–133, 42 FR 35792, July 11, 1977. Redes- and swell as one vessel. ‘‘Mechanical ignated at CGD 81–017, 46 FR 28154, May 26, means’’ does not include the following: 1981] (a) Lines. (b) Hawsers. PART 82—72 COLREGS: (c) Wires. INTERPRETATIVE RULES (d) Chains. [CGD 76–133, 42 FR 35792, July 11, 1977. Redes- Sec. ignated by CGD 81–017, 46 FR 28154, May 26, 82.1 Purpose. 1981] 82.3 Pushing vessel and vessel being pushed: Composite unit. § 82.5 Lights for moored vessels. 82.5 Lights for moored vessels. 82.7 Sidelights for unmanned barges. For the purposes of Rule 30 of the 72 AUTHORITY: 14 U.S.C. 2, 633; 33 U.S.C. 1602; COLREGS, a vessel at anchor includes a E.O. 11964, 42 FR 4327, 3 CFR, 1977 Comp., p. barge made fast to one or more moor- 88; 49 CFR 1.46(n). ing buoys or other similar device attached to the sea or river floor. Such a § 82.1 Purpose. barge may be lighted as a vessel at an- This part contains the interpretative chor in accordance with Rule 30, or rules concerning the 72 COLREGS that may be lighted on the corners in ac- are adopted by the Coast Guard for the cordance with 33 CFR 88.13. guidance of the public. [CGD 94–011, 63 FR 5731, Feb. 4, 1998] [CGD 76–133, 42 FR 35792, July 11, 1977. Redes- ignated by CGD 81–017, 46 FR 28154, May 26, § 82.7 Sidelights for unmanned barges. 1981] An unmanned barge being towed may § 82.3 Pushing vessel and vessel being use the exception of COLREGS Rule pushed: Composite unit. 24(h). However, this exception only applies to the vertical sector require- Rule 24(b) of the 72 COLREGS states ments. that when a pushing vessel and a vessel being pushed ahead are rigidly con- [CGD 94–011, 63 FR 5731, Feb. 4, 1998]

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PART 83—RULES 83.34 Maneuvering and warning signals (Rule 34). 83.35 Sound signals in restricted visibility Subpart A—General (Rule 35). Sec. 83.36 Signals to attract attention (Rule 36). 83.01 Application (Rule 1). 83.37 Distress signals (Rule 37). 83.02 Responsibility (Rule 2). 83.03 Definitions (Rule 3). Subpart E—Exemptions

Subpart B—Steering and Sailing Rules 83.38 Exemptions (Rule 38). AUTHORITY: Sec. 303, Pub. L. 108–293, 118 CONDUCT OF VESSELS IN ANY CONDITION OF Stat. 1028 (33 U.S.C. 2001); Department of VISIBILITY Homeland Security Delegation No. 0170.1.

83.04 Application (Rule 4). SOURCE: USCG–2009–0948, 75 FR 19546, Apr. 83.05 Look-out (Rule 5). 15, 2010, unless otherwise noted. 83.06 Safe speed (Rule 6). 83.07 Risk of collision (Rule 7). 83.08 Action to avoid collision (Rule 8). Subpart A—General 83.09 Narrow channels (Rule 9). 83.10 Traffic separation schemes (Rule 10). § 83.01 Application (Rule 1).

CONDUCT OF VESSELS IN SIGHT OF ONE (a) United States inland waters and Ca- ANOTHER nadian waters of the Great Lakes. These Rules apply to all vessels upon the in- 83.11 Application (Rule 11). land waters of the United States, and 83.12 Sailing vessels (Rule 12). 83.13 Overtaking (Rule 13). to vessels of the United States on the 83.14 Head-on situation (Rule 14). Canadian waters of the Great Lakes to 83.15 Crossing situation (Rule 15). the extent that there is no conflict 83.16 Action by give-way vessel (Rule 16). with Canadian law. 83.17 Action by stand-on vessel (Rule 17). (b) International Regulations. 83.18 Responsibilities between vessels (Rule (1) These Rules constitute special 18). rules made by an appropriate authority CONDUCT OF VESSELS IN RESTRICTED within the meaning of Rule 1(b) of the VISIBILITY International Regulations. 83.19 Conduct of vessels in restricted visi- (2) All vessels complying with the bility (Rule 19). construction and equipment requirements of the International Regulations Subpart C—Lights and Shapes are considered to be in compliance with these Rules. 83.20 Application (Rule 20). (c) Special rules. Nothing in these 83.21 Definitions (Rule 21). 83.22 Visibility of lights (Rule 22). Rules shall interfere with the oper- 83.23 Power-driven vessels underway (Rule ation of any special rules made by the 23). Secretary of the Navy with respect to 83.24 Towing and pushing (Rule 24). additional station or signal lights and 83.25 Sailing vessels underway and vessels shapes or whistle signals for ships of under oars (Rule 25). war and vessels proceeding under con- 83.26 Fishing vessels (Rule 26). voy, or by the Secretary with respect 83.27 Vessels not under command or re- to additional station or signal lights stricted in their ability to maneuver (Rule 27). and shapes for fishing vessels engaged 83.28 [Reserved](Rule 28). in fishing as a fleet. These additional 83.29 Pilot vessels (Rule 29). station or signal lights and shapes or 83.30 Anchored vessels and vessels aground whistle signals shall, so far as possible, (Rule 30). be such that they cannot be mistaken 83.31 Seaplanes (Rule 31). for any light, shape, or signal authorized elsewhere under these Rules. No- Subpart D—Sound and Light Signals tice of such special rules shall be pub- 83.32 Definitions (Rule 32). lished in the FEDERAL REGISTER and, 83.33 Equipment for sound signals (Rule 33). after the effective date specified in

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such notice, they shall have effect as if to any special circumstances, including they were a part of these Rules. the limitations of the vessels involved, (d) Traffic regulation schemes; vessel which may make a departure from traffic service regulations. Traffic sepa- these Rules necessary to avoid imme- ration schemes may be established for diate danger. the purpose of these Rules. Vessel traffic service regulations may be in effect § 83.03 Definitions (Rule 3). in certain areas. For the purpose of these Rules and (e) Alternative compliance. Whenever this chapter, except where the context the Secretary determines that a vessel otherwise requires: or class of vessels of special construc- (a) Vessel includes every description tion or purpose cannot comply fully of water craft, including nondisplace- with the provisions of any of these ment craft and seaplanes, used or capa- Rules with respect to the number, posi- ble of being used as a means of trans- tion, range, or arc of visibility of lights portation on water; or shapes, as well as to the disposition (b) Power-driven vessel means any ves- and characteristics of sound-signaling sel propelled by machinery; appliances, the vessel shall comply (c) Sailing vessel means any vessel with such other provisions in regard to under sail provided that propelling ma- the number, position, range, or arc of chinery, if fitted, is not being used; visibility of lights or shapes, as well as (d) Vessel engaged in fishing means to the disposition and characteristics any vessel fishing with nets, lines, of sound-signaling appliances, as the trawls, or other fishing apparatus Secretary shall have determined to be which restricts maneuverability, but the closest possible compliance with does not include a vessel fishing with these Rules. The Secretary may issue a trolling lines or other fishing appa- certificate of alternative compliance ratus which do not restrict maneuver- for a vessel or class of vessels speci- ability; fying the closest possible compliance (e) Seaplane includes any aircraft de- with these Rules. The Secretary of the signed to maneuver on the water; Navy shall make these determinations (f) Vessel not under command means a and issue certificates of alternative vessel which, through some exceptional compliance for vessels of the Navy. circumstance, is unable to maneuver as (f) Acceptance of certificates of alter- required by these Rules and is there- native compliance from contracting par- fore unable to keep out of the way of ties to International Regulations. The another vessel; Secretary may accept a certificate of (g) Vessel restricted in her ability to ma- alternative compliance issued by a con- neuver means a vessel which, from the tracting party to the International nature of her work, is restricted in her Regulations if he determines that the ability to maneuver as required by alternative compliance standards of these Rules and is therefore unable to the contracting party are substantially keep out of the way of another vessel; the same as those of the United States. vessels restricted in their ability to maneuver include, but are not limited § 83.02 Responsibility (Rule 2). to: (a) Exoneration. Nothing in these (1) A vessel engaged in laying, serv- Rules shall exonerate any vessel, or the icing, or picking up a navigation mark, owner, master, or crew thereof, from submarine cable, or pipeline; the consequences of any neglect to (2) A vessel engaged in dredging, sur- comply with these Rules or of the ne- veying, or underwater operations; glect of any precaution which may be (3) A vessel engaged in replenishment required by the ordinary practice of or transferring persons, provisions, or seamen, or by the special cir- cargo while underway; cumstances of the case. (4) A vessel engaged in the launching (b) Departure from rules when nec- or recovery of aircraft; essary to avoid immediate danger. In con- (5) A vessel engaged in mineclearance struing and complying with these operations; and Rules due regard shall be had to all (6) A vessel engaged in a towing oper- dangers of navigation and collision and ation such as severely restricts the

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towing vessel and her tow in their abil- ing annexes currently in force for the ity to deviate from their course. United States. (h) Underway means that a vessel is not at anchor, or Subpart B—Steering and Sailing made fast to the shore, or aground; Rules (i) Length and breadth of a vessel mean her length overall and greatest CONDUCT OF VESSELS IN ANY CONDITION breadth; OF VISIBILITY (j) Vessels shall be deemed to be in sight of one another only when one can § 83.04 Application (Rule 4). be observed visually from the other; Rules in this subpart apply in any (k) Restricted visibility means any con- condition of visibility. dition in which visibility is restricted by fog, mist, falling snow, heavy rain- § 83.05 Look-out (Rule 5). storms, sandstorms, or any other simi- Every vessel shall at all times main- lar causes; tain a proper look-out by sight and (l) Western Rivers means the Mis- hearing as well as by all available sissippi River, its tributaries, South means appropriate in the prevailing Pass, and Southwest Pass, to the navi- circumstances and conditions so as to gational demarcation lines dividing the make a full appraisal of the situation high seas from harbors, rivers, and and of the risk of collision. other inland waters of the United States, and the Port Allen-Morgan City § 83.06 Safe speed (Rule 6). Alternate Route, and that part of the Atchafalaya River above its junction Every vessel shall at all times pro- with the Port Allen-Morgan City Alter- ceed at a safe speed so that she can nate Route including the Old River and take proper and effective action to the Red River; avoid collision and be stopped within a (m) Great Lakes means the Great distance appropriate to the prevailing Lakes and their connecting and tribu- circumstances and conditions. tary waters including the Calumet In determining a safe speed the fol- River as far as the Thomas J. O’Brien lowing factors shall be among those Lock and Controlling Works (between taken into account: mile 326 and 327), the Chicago River as (a) By all vessels: far as the east side of the Ashland Ave- (1) The state of visibility; nue Bridge (between mile 321 and 322), (2) The traffic density including con- and the Saint Lawrence River as far centration of fishing vessels or any east as the lower exit of Saint Lambert other vessels; Lock; (3) The maneuverability of the vessel (n) Secretary means the Secretary of with special reference to stopping dis- the Department in which the Coast tance and turning ability in the pre- Guard is Operating; vailing conditions; (o) Inland Waters means the navigable (4) At night the presence of back- waters of the United States shoreward ground light such as from shores lights of the navigational demarcation lines or from back scatter of her own lights; dividing the high seas from harbors, (5) The state of wind, sea, and cur- rivers, and other inland waters of the rent, and the proximity of navigational United States and the waters of the hazards; Great Lakes on the United States side (6) The draft in relation to the avail- of the International Boundary; able depth of water. (p) Inland Rules or Rules mean the In- (b) Additionally, by vessels with land Navigational Rules and the an- operational radar: nexes thereto, which govern the con- (1) The characteristics, efficiency and duct of vessels and specify the lights, limitations of the radar equipment; shapes, and sound signals that apply on (2) Any constraints imposed by the inland waters; and radar range scale in use; (q) International Regulations means (3) The effect on radar detection of the International Regulations for Pre- the sea state, weather, and other venting Collisions at Sea, 1972, includ- sources of interference;

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(4) The possibility that small vessels, be large enough to be readily apparent ice and other floating objects may not to another vessel observing visually or be detected by radar at an adequate by radar; a succession of small alter- range; ations of course or speed should be (5) The number, location, and move- avoided. ment of vessels detected by radar; and (c) Alteration of course to avoid close- (6) The more exact assessment of the quarters situation. If there is sufficient visibility that may be possible when sea room, alteration of course alone radar is used to determine the range of may be the most effective action to vessels or other objects in the vicinity. avoid a close-quarters situation provided that it is made in good time, is § 83.07 Risk of collision (Rule 7). substantial and does not result in an- (a) Determination if risk exists. Every other close-quarters situation. vessel shall use all available means ap- (d) Action to result in passing at safe propriate to the prevailing cir- distance. Action taken to avoid colli- cumstances and conditions to deter- sion with another vessel shall be such mine if risk of collision exists. If there as to result in passing at a safe dis- is any doubt such risk shall be deemed tance. The effectiveness of the action to exist. shall be carefully checked until the (b) Radar. Proper use shall be made of other vessel is finally past and clear. radar equipment if fitted and oper- (e) Slackening of vessel speed; stopping ational, including long-range scanning or reversing means of propulsion. If nec- to obtain early warning of risk of colli- essary to avoid collision or allow more sion and radar plotting or equivalent time to assess the situation, a vessel systematic observation of detected ob- shall slacken her speed or take all way jects. off by stopping or reversing her means (c) Scanty information. Assumptions of propulsion. shall not be made on the basis of (f) Early action to allow room for safe scanty information, especially scanty passage: radar information. (1) A vessel which, by any of these (d) Considerations taken into account Rules, is required not to impede the in determining if risk exists. In deter- passage or safe passage of another ves- mining if risk of collision exists the sel shall, when required by the cir- following considerations shall be cumstances of the case, take early ac- among those taken into account: tion to allow sufficient sea room for (1) Such risk shall be deemed to exist the safe passage of the other vessel. if the compass bearing of an approach- (2) A vessel required not to impede ing vessel does not appreciably change; the passage or safe passage of another and vessel is not relieved of this obligation (2) Such risk may sometimes exist if approaching the other vessel so as to even when an appreciable bearing involve risk of collision and shall, change is evident, particularly when when taking action, have full regard to approaching a very large vessel or a the action which may be required by tow or when approaching a vessel at the Rules of this part. close range. (3) A vessel the passage of which is not to be impeded remains fully § 83.08 Action to avoid collision (Rule obliged to comply with the Rules of 8). this part when the two vessels are ap- (a) General characteristics of action proaching one another so as to involve taken to avoid collision. Any action risk of collision. taken to avoid collision shall, if the circumstances of the case admit, be § 83.09 Narrow channels (Rule 9). positive, made in ample time and with (a) Keeping near to outer limit of chan- due regard to the observance of good nel or fairway which lies on vessel’s star- seamanship. board side; exception. (b) Readily apparent alterations in (1) A vessel proceeding along the course or speed. Any alteration of course of a narrow channel or fairway course or speed to avoid collision shall, shall keep as near to the outer limit of if the circumstances of the case admit, the channel or fairway which lies on

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her starboard side as is safe and prac- ness and caution and shall sound the ticable. appropriate signal prescribed in Rule (2) Notwithstanding paragraph (a)(1) 34(e). and Rule 14(a), a power-driven vessel (g) Avoidance of anchoring in narrow operating in narrow channels or fair- channels. Every vessel shall, if the cir- ways on the Great Lakes, Western Riv- cumstances of the case admit, avoid ers, or waters specified by the Sec- anchoring in a narrow channel. retary, and proceeding downbound with a following current shall have the § 83.10 Traffic separation schemes right-of-way over an upbound vessel, (Rule 10). shall propose the manner and place of (a) Obligations under other Rules unaf- passage, and shall initiate the maneu- fected. This Rule applies to traffic sepa- vering signals prescribed by Rule ration schemes and does not relieve 34(a)(1), as appropriate. The vessel pro- any vessel of her obligation under any ceeding upbound against the current other Rule. shall hold as necessary to permit safe (b) Duties for vessel using scheme. A passing. vessel using a traffic separation (b) Vessels of less than 20 meters in scheme shall: length; sailing vessels. A vessel of less (1) Proceed in the appropriate traffic than 20 meters in length or a sailing lane in the general direction of traffic vessel shall not impede the passage of a flow for that lane; vessel that can safely navigate only (2) So far as practicable keep clear of within a narrow channel or fairway. a traffic separation line or separation (c) Vessels engaged in fishing. A vessel zone; engaged in fishing shall not impede the passage of any other vessel navigating (3) Normally join or leave a traffic within a narrow channel or fairway. lane at the termination of the lane, but (d) Crossing narrow channels or fair- when joining or leaving from either ways. A vessel shall not cross a narrow side shall do so at as small an angle to channel or fairway if such crossing im- the general direction of traffic flow as pedes the passage of a vessel which can practicable. safely navigate only within that chan- (c) Crossing traffic lanes. A vessel nel or fairway. The latter vessel shall shall, so far as practicable, avoid cross- use the danger signal prescribed in ing traffic lanes but if obliged to do so Rule 34(d) if in doubt as to the inten- shall cross on a heading as nearly as tion of the crossing vessel. practicable at right angles to the gen- (e) Overtaking vessels. eral direction of traffic flow. (1) In a narrow channel or fairway (d) Use of inshore traffic lane. when overtaking, the power-driven ves- (1) A vessel shall not use an inshore sel intending to overtake another traffic zone when she can safely use the power-driven vessel shall indicate her appropriate traffic lane within the ad- intention by sounding the appropriate jacent traffic separation scheme. How- signal prescribed in Rule 34(c) and take ever, vessels of less than twenty meters steps to permit safe passing. The in length, sailing vessels, and vessels power-driven vessel being overtaken, if engaged in fishing may use the inshore in agreement, shall sound the same sig- traffic zone. nal and may, if specifically agreed to, (2) Notwithstanding subparagraph take steps to permit safe passing. If in (d)(1), a vessel may use an inshore traf- doubt she shall sound the danger signal fic zone when en route to or from a prescribed in Rule 34(d). port, offshore installation or structure, (2) This Rule does not relieve the pilot station, or any other place situ- overtaking vessel of her obligation ated within the inshore traffic zone, or under Rule 13. to avoid immediate danger. (f) Areas of obscured visibility due to in- (e) Entering separation zone or crossing tervening obstructions. A vessel nearing separation line. A vessel other than a a bend or an area of a narrow channel crossing vessel or a vessel joining or or fairway where other vessels may be leaving a lane shall not normally enter obscured by an intervening obstruction a separation zone or cross a separation shall navigate with particular alert- line except:

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(1) In cases of emergency to avoid im- (1) When each has the wind on a dif- mediate danger; or ferent side, the vessel which has the (2) To engage in fishing within a sep- wind on the port side shall keep out of aration zone. the way of the other; (f) Caution in areas near termination of (2) When both have the wind on the scheme. A vessel navigating in areas same side, the vessel which is to wind- near the terminations of traffic separa- ward shall keep out of the way of the tion schemes shall do so with par- vessel which is to leeward; and ticular caution. (3) If a vessel with the wind on the (g) Anchoring. A vessel shall so far as port side sees a vessel to windward and practicable avoid anchoring in a traffic cannot determine with certainty separation scheme or in areas near its whether the other vessel has the wind terminations. on the port or on the starboard side, (h) Avoidance of scheme. A vessel not she shall keep out of the way of the using a traffic separation scheme shall other. avoid it by as wide a margin as is prac- (b) Windward side. For the purpose of ticable. this Rule the windward side shall be (i) Fishing vessels. A vessel engaged in deemed to be the side opposite to that fishing shall not impede the passage of on which the mainsail is carried or, in any vessel following a traffic lane. the case of a square-rigged vessel, the (j) Power-driven vessels. A vessel of side opposite to that on which the larg- less than twenty meters in length or a est fore-and-aft sail is carried. sailing vessel shall not impede the safe passage of a power-driven vessel fol- § 83.13 Overtaking (Rule 13). lowing a traffic lane. (a) Overtaking vessel to keep out of the (k) Exemption; maintenance of safety of overtaken vessel’s way. Notwithstanding navigation. A vessel restricted in her anything contained in Rules 4 through ability to maneuver when engaged in 18, any vessel overtaking any other an operation for the maintenance of shall keep out of the way of the vessel safety of navigation in a traffic separa- being overtaken. tion scheme is exempted from com- (b) Overtaking vessel defined. A vessel plying with this Rule to the extent shall be deemed to be overtaking when necessary to carry out the operation. coming up with another vessel from a (l) Exemption; laying, servicing, or pick- direction more than 22.5 degrees abaft ing up submarine cable. A vessel re- her beam; that is, in such a position stricted in her ability to maneuver with reference to the vessel she is over- when engaged in an operation for the taking, that at night she would be able laying, servicing, or picking up of a to see only the sternlight of that vessel submarine cable, within a traffic sepa- but neither of her sidelights. ration scheme, is exempted from com- (c) Assumption that vessel is overtaking plying with this rule to the extent nec- another in cases of doubt. When a vessel essary to carry out the operation. is in any doubt as to whether she is [USCG–2009–0948, 75 FR 19546, Apr. 15, 2010, as overtaking another, she shall assume amended by USCG–2012–0306, 77 FR 37312, that this is the case and act accord- June 21, 2012] ingly. (d) Overtaking vessel to become crossing CONDUCT OF VESSELS IN SIGHT OF ONE vessel only when finally past and clear. ANOTHER Any subsequent alteration of the bearing between the two vessels shall not § 83.11 Application (Rule 11). make the overtaking vessel a crossing Rules in this subpart apply to vessels vessel within the meaning of these in sight of one another. Rules or relieve her of the duty of keeping clear of the overtaken vessel § 83.12 Sailing vessels (Rule 12). until she is finally past and clear. (a) Keeping out of the way. When two sailing vessels are approaching one an- § 83.14 Head-on situation (Rule 14). other, so as to involve risk of collision, (a) Course alterations to starboard; port one of them shall keep out of the way side passage. Unless otherwise agreed, of the other as follows: when two power-driven vessels are

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meeting on reciprocal or nearly recip- § 83.17 Action by stand-on vessel (Rule rocal courses so as to involve risk of 17). collision each shall alter her course to (a) Stand-on vessel to keep course and starboard so that each shall pass on the speed; action allowed when give-way ves- port side of the other. sel fails to take appropriate action. (b) Existence of head-on situation. (1) Where one of two vessels is to Such a situation shall be deemed to keep out of the way, the other shall exist when a vessel sees the other keep her course and speed. ahead or nearly ahead and by night she (2) The latter vessel may, however, could see the masthead lights of the take action to avoid collision by her other in a line or nearly in a line or maneuver alone, as soon as it becomes both sidelights and by day she observes apparent to her that the vessel re- the corresponding aspect of the other quired to keep out of the way is not vessel. taking appropriate action in compli- (c) Assumption that head-on situation ance with these Rules. exists in cases of doubt. When a vessel is (b) Action by stand-on vessel allowed in any doubt as to whether such a situ- when action by give-way vessel alone can- ation exists she shall assume that it not avoid collision. When, from any does exist and act accordingly. cause, the vessel required to keep her (d) Vessel operating on Great Lakes, course and speed finds herself so close Western Rivers, or other specified waters, that collision cannot be avoided by the and proceeding downbound with fol- action of the give-way vessel alone, she lowing current. Notwithstanding para- shall take such action as will best aid graph (a) of this Rule, a power-driven to avoid collision. vessel operating on the Great Lakes, (c) Crossing situations. A power-driven Western Rivers, or waters specified by vessel which takes action in a crossing the Secretary, and proceeding situation in accordance with subpara- downbound with a following current graph (a)(2) of this Rule to avoid colli- shall have the right-of-way over an sion with another power-driven vessel upbound vessel, shall propose the man- shall, if the circumstances of the case ner of passage, and shall initiate the admit, not alter course to port for a maneuvering signals prescribed by vessel on her own port side. Rule 34(a)(1), as appropriate. (d) Give-way vessel not relieved of obligation to keep out of the way. This Rule § 83.15 Crossing situation (Rule 15). does not relieve the give-way vessel of (a) Vessel which must keep out of the her obligation to keep out of the way. other vessel’s way. When two power- driven vessels are crossing so as to in- § 83.18 Responsibilities between ves- volve risk of collision, the vessel which sels (Rule 18). has the other on her starboard side Except where Rules 9, 10, and 13 oth- shall keep out of the way and shall, if erwise require: the circumstances of the case admit, (a) Power-driven vessels underway. A avoid crossing ahead of the other ves- power-driven vessel underway shall sel. keep out of the way of: (b) Vessels crossing river. Notwith- (1) A vessel not under command; standing paragraph (a), on the Great (2) A vessel restricted in her ability Lakes, Western Rivers, or water speci- to maneuver; fied by the Secretary, a power-driven (3) A vessel engaged in fishing; and vessel crossing a river shall keep out of (4) A sailing vessel. the way of a power-driven vessel as- (b) Sailing vessels underway. A sailing cending or descending the river. vessel underway shall keep out of the way of: § 83.16 Action by give-way vessel (Rule (1) A vessel not under command; 16). (2) A vessel restricted in her ability Every vessel which is directed to to maneuver; and keep out of the way of another vessel (3) A vessel engaged in fishing. shall, so far as possible, take early and (c) Vessels engaged in fishing when un- substantial action to keep well clear. derway. A vessel engaged in fishing

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when underway shall, so far as pos- be kept on course. She shall if nec- sible, keep out of the way of: essary take all her way off and, in any (1) A vessel not under command; and event, navigate with extreme caution (2) A vessel restricted in her ability until danger of collision is over. to maneuver. (d) Seaplanes on the water. A seaplane Subpart C—Lights and Shapes on the water shall, in general, keep well clear of all vessels and avoid im- § 83.20 Application (Rule 20). peding their navigation. In cir- (a) Compliance in all weathers. Rules cumstances, however, where risk of in this part shall be complied with in collision exists, she shall comply with all weathers. the Rules of this part. (b) Rules concerning lights complied with from sunset to sunrise; other lights. CONDUCT OF VESSELS IN RESTRICTED The Rules concerning lights shall be VISIBILITY complied with from sunset to sunrise, and during such times no other lights § 83.19 Conduct of vessels in restricted shall be exhibited, except such lights as visibility (Rule 19). cannot be mistaken for the lights spec- (a) Vessels to which rule applies. This ified in these Rules or do not impair Rule applies to vessels not in sight of their visibility or distinctive char- one another when navigating in or near acter, or interfere with the keeping of an area of restricted visibility. a proper lookout. (b) Safe speed; engines ready for imme- (c) Lights during daylight hours in re- diate maneuver. Every vessel shall pro- stricted visibility; other circumstances. ceed at a safe speed adapted to the pre- The lights prescribed by these Rules vailing circumstances and conditions shall, if carried, also be exhibited from of restricted visibility. A power-driven sunrise to sunset in restricted visi- vessel shall have her engines ready for bility and may be exhibited in all other immediate maneuver. circumstances when it is deemed nec- (c) Due regard to prevailing cir- essary. cumstances and conditions. Every vessel (d) Rules concerning shapes; compliance shall have due regard to the prevailing by day. The Rules concerning shapes circumstances and conditions of re- shall be complied with by day. stricted visibility when complying with (e) Annex. The lights and shapes spec- Rules 4 through 10. ified in these Rules shall comply with (d) Detection of vessel by radar alone. A the provisions of Annex I of these vessel which detects by radar alone the Rules. presence of another vessel shall determine if a close-quarters situation is de- § 83.21 Definitions (Rule 21). veloping or risk of collision exists. If (a) Masthead light means a white so, she shall take avoiding action in light placed over the fore and aft cen- ample time, provided that when such terline of the vessel showing an unbro- action consists of an alteration of ken light over an arc of the horizon of course, so far as possible the following 225 degrees and so fixed as to show the shall be avoided: light from right ahead to 22.5 degrees (1) An alteration of course to port for abaft the beam on either side of the a vessel forward of the beam, other vessel, except that on a vessel of less than for a vessel being overtaken; and than 12 meters in length the masthead (2) An alteration of course toward a light shall be placed as nearly as prac- vessel abeam or abaft the beam. ticable to the fore and aft centerline of (e) Reduction of speed to minimum. Ex- the vessel. cept where it has been determined that (b) Sidelights mean a green light on a risk of collision does not exist, every the starboard side and a red light on vessel which hears apparently forward the port side each showing an unbro- of her beam the fog signal of another ken light over an arc of the horizon of vessel, or which cannot avoid a close- 112.5 degrees and so fixed as to show quarters situation with another vessel the light from right ahead to 22.5 de- forward of her beam, shall reduce her grees abaft the beam on its respective speed to the minimum at which she can side. On a vessel of less than 20 meters

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in length the side lights may be com- (1) A masthead light, 5 miles; except bined in one lantern carried on the fore that where the length of the vessel is and aft centerline of the vessel, except less than 20 meters, 3 miles; that on a vessel of less than 12 meters (2) A sidelight, 2 miles; in length the sidelights when combined (3) A sternlight, 2 miles; in one lantern shall be placed as nearly (4) A towing light, 2 miles; as practicable to the fore and aft cen- (5) A white, red, green or yellow all- terline of the vessel. round light, 2 miles; and (c) Sternlight means a white light (6) A special flashing light, 2 miles. placed as nearly as practicable at the (c) Vessels of less than 12 meters in stern showing an unbroken light over length. In a vessel of less than 12 mean arc of the horizon of 135 degrees and ters in length: so fixed as to show the light 67.5 de- (1) A masthead light, 2 miles; grees from right aft on each side of the (2) A sidelight, 1 mile; vessel. (3) A sternlight, 2 miles; (d) Towing light means a yellow light (4) A towing light, 2 miles; having the same characteristics as the (5) A white, red, green or yellow all- ’’sternlight’’ defined in paragraph (c) of round light, 2 miles; and this Rule. (6) A special flashing light, 2 miles. (e) All-round light means a light show- (d) An inconspicuous, partly submerged ing an unbroken light over an arc of vessel or objects being towed. In an incon- the horizon of 360 degrees. spicuous, partly submerged vessel or (f) Flashing light means a light flash- objects being towed: ing at regular intervals at a frequency (1) A white all-round light, 3 miles. of 120 flashes or more per minute. (g) Special flashing light means a yel- § 83.23 Power-driven vessels underway low light flashing at regular intervals (Rule 23). at a frequency of 50 to 70 flashes per (a) Lights exhibited by power-driven minute, placed as far forward and as vessels underway. A power-driven vessel nearly as practicable on the fore and underway shall exhibit: aft centerline of the tow and showing (1) A masthead light forward; an unbroken light over an arc of the (2) A second masthead light abaft of horizon of not less than 180 degrees nor and higher than the forward one; ex- more than 225 degrees and so fixed as cept that a vessel of less than 50 meters to show the light from right ahead to in length shall not be obliged to exhibit abeam and no more than 22.5 degrees such light but may do so; abaft the beam on either side of the (3) Sidelights; and vessel. (4) A sternlight. (b) Air-cushion vessels. An air-cushion § 83.22 Visibility of lights (Rule 22). vessel when operating in the non- The lights prescribed in these Rules displacement mode shall, in addition to shall have an intensity as specified in the lights prescribed in paragraph (a) Annex I to these Rules, so as to be visi- of this Rule, exhibit an all-round flash- ble at the following minimum ranges: ing yellow light where it can best be (a) Vessel of 50 meters or more in length. seen. In a vessel of 50 meters or more in (c) Alternative lights for power-driven length: vessels of less than 12 meters in length. A (1) A masthead light, 6 miles; power-driven vessel of less than 12 me- (2) A sidelight, 3 miles; ters in length may, in lieu of the lights (3) A sternlight, 3 miles; prescribed in paragraph (a) of this (4) A towing light, 3 miles; Rule, exhibit an all-round white light (5) A white, red, green or yellow all- and sidelights. round light, 3 miles; and (d) Power-driven vessels when operating (6) A special flashing light, 2 miles. on Great Lakes. A power-driven vessel (b) Vessels of 12 meters or more in when operating on the Great Lakes length but less than 50 meters in may carry an all-round white light in length. In a vessel of 12 meters or more lieu of the second masthead light and in length but less than 50 meters in sternlight prescribed in paragraph (a) length: of this Rule. The light shall be carried

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in the position of the second masthead side or pushed in a group shall be light- light and be visible at the same mined as one vessel, except as provided in imum range. paragraph (3)— (1) A vessel being pushed ahead, not § 83.24 Towing and pushing (Rule 24). being part of a composite unit, shall (a) A power-driven vessel when towing exhibit at the forward end, sidelights astern. A power-driven vessel when tow- and a special flashing light; ing astern shall exhibit: (2) A vessel being towed alongside (1) Instead of the light prescribed ei- shall exhibit a sternlight and at the ther in Rule 23(a)(1) or 23(a)(2), two forward end, sidelights and a special masthead lights in a vertical line. flashing light; and When the length of the tow, measuring (3) When vessels are towed alongside from the stern of the towing vessel to on both sides of the towing vessels a the after end of the tow exceeds 200 me- sternlight shall be exhibited on the ters, three such lights in a vertical stern of the outboard vessel on each line; side of the towing vessel, and a single (2) Sidelights; set of sidelights as far forward and as (3) A sternlight; far outboard as is practicable, and a (4) A towing light in a vertical line single special flashing light. above the sternlight; and (g) An inconspicuous, partly submerged (5) When the length of the tow ex- vessel or object being towed. An incon- ceeds 200 meters, a diamond shape spicuous, partly submerged vessel or where it can best be seen. object being towed shall exhibit: (b) Pushing vessel and pushed vessel (1) If it is less than 25 meters in rigidly connected in composite unit. When breadth, one all-round white light at or a pushing vessel and a vessel being near each end; pushed ahead are rigidly connected in a (2) If it is 25 meters or more in composite unit they shall be regarded breadth, four all-round white lights to as a power-driven vessel and exhibit mark its length and breadth; the lights prescribed in Rule 23. (3) If it exceeds 100 meters in length, (c) A power-driven vessel when pushing additional all-round white lights be- ahead or towing alongside. A power-driv- tween the lights prescribed in subpara- en vessel when pushing ahead or tow- graphs (1) and (2) so that the distance ing alongside, except as required by between the lights shall not exceed 100 paragraphs (b) and (1) of this Rule, meters: Provided, that any vessels or shall exhibit: objects being towed alongside each (1) Instead of the light prescribed ei- other shall be lighted as one vessel or ther in Rule 23(a)(1) or 23(a)(2), two object; masthead lights in a vertical line; (4) A diamond shape at or near the (2) Sidelights; and aftermost extremity of the last vessel (3) Two towing lights in a vertical or object being towed; and line. (5) The towing vessel may direct a (d) Compliance with other requirements. searchlight in the direction of the tow A power-driven vessel to which para- to indicate its presence to an approach- graphs (a) or (c) of this Rule apply ing vessel. shall also comply with Rule 23(a)(1) and (h) Alternative lighting of vessel or ob- 23(a)(2). ject being towed. Where from any suffi- (e) Vessels being towed. A vessel or ob- cient cause it is impracticable for a ject other than those referred to in vessel or object being towed to exhibit paragraph (g) of this Rule being towed the lights prescribed in paragraph (e) shall exhibit: or (g) of this Rule, all possible meas- (1) Sidelights; ures shall be taken to light the vessel (2) A sternlight; and or object towed or at least to indicate (3) When the length of the tow ex- the presence of the unlighted vessel or ceeds 200 meters, a diamond shape object. where it can best be seen. (i) Western Rivers or other specified wa- (f) Vessels being towed alongside or ters; exception. Notwithstanding para- pushed in a group. Provided that any graph (c), on the Western Rivers (ex- number of vessels being towed along- cept below the Huey P. Long Bridge on

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the Mississippi River) and on waters ited in sufficient time to prevent colli- specified by the Secretary, a power- sion. driven vessel when pushing ahead or (2) A vessel under oars may exhibit towing alongside, except as paragraph the lights prescribed in this Rule for (b) applies, shall exhibit: sailing vessels, but if she does not, she (1) Sidelights; and shall have ready at hand an electric (2) Two towing lights in a vertical torch or lighted lantern showing a line. white light which shall be exhibited in (j) Towing another vessel in distress or sufficient time to prevent collision. otherwise in need of assistance. Where (e) Vessels proceeding under sail. A ves- from any sufficient cause it is imprac- sel proceeding under sail when also ticable for a vessel not normally en- being propelled by machinery shall ex- gaged in towing operations to display hibit forward where it can best be seen the lights prescribed by paragraph (a), a conical shape, apex downward. A ves- (c) or (i) of this Rule, such vessel shall sel of less than 12 meters in length is not be required to exhibit those lights not required to exhibit this shape, but when engaged in towing another vessel may do so. in distress or otherwise in need of assistance. All possible measures shall be § 83.26 Fishing vessels (Rule 26). taken to indicate the nature of the re- (a) Exhibition of only prescribed lights lationship between the towing vessel and shapes. A vessel engaged in fishing, and the vessel being assisted. The whether underway or at anchor, shall searchlight authorized by Rule 36 may exhibit only the lights and shapes pre- be used to illuminate the tow. scribed in this Rule. § 83.25 Sailing vessels underway and (b) Vessels engaged in trawling. A ves- vessels under oars (Rule 25). sel when engaged in trawling, by which is meant the dragging through the (a) Sailing vessels underway. A sailing water of a dredge net or other appa- vessel underway shall exhibit: ratus used as a fishing appliance, shall (1) Sidelights; and exhibit: (2) A sternlight. (1) Two all-round lights in a vertical (b) Sailing vessels of less than 20 meters line, the upper being green and the in length. In a sailing vessel of less than lower white, or a shape consisting of 20 meters in length the lights pre- two cones with their apexes together in scribed in paragraph (a) of this Rule a vertical line one above the other; may be combined in one lantern carried at or near the top of the mast (2) A masthead light abaft of and where it can best be seen. higher than the all-round green light; a vessel of less than 50 meters in length (c) Additional lights. A sailing vessel underway may, in addition to the shall not be obliged to exhibit such a lights prescribed in paragraph (a) of light but may do so; and this Rule, exhibit at or near the top of (3) When making way through the the mast, where they can best be seen, water, in addition to the lights pre- two all-round lights in a vertical line, scribed in this paragraph, sidelights the upper being red and the lower and a sternlight. green, but these lights shall not be ex- (c)Vessels engaged in fishing other than hibited in conjunction with the com- trawling. A vessel engaged in fishing, bined lantern permitted by paragraph other than trawling, shall exhibit: (b) of this Rule. (1) Two all-round lights in a vertical (d) Sailing vessels of less than 7 meters line, the upper being green and the in length; vessels under oars. lower white, or a shape consisting of (1) A sailing vessel of less than 7 me- two cones with their apexes together in ters in length shall, if practicable, ex- a vertical line one above the other; hibit the lights prescribed in paragraph (2) A masthead light abaft of and (a) or (b) of this Rule, but if she does higher than the all-round green light; a not, she shall have ready at hand an vessel of less than 50 meters in length electric torch or lighted lantern show- shall not be obliged to exhibit such a ing a white light which shall be exhib- light but may do so; and

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(3) When making way through the (2) Three shapes in a vertical line water, in addition to the lights pre- where they can best be seen. The high- scribed in this paragraph, sidelights est and lowest of these shapes shall be and a sternlight. balls and the middle one a diamond; (c) Vessels engaged in fishing other (3) When making way through the than trawling. A vessel engaged in fish- water, masthead lights, sidelights and ing, other than trawling, shall exhibit: a sternlight, in addition to the lights (1) Two all-round lights in a vertical prescribed in subparagraph (b)(1); and line, the upper being red and the lower (4) When at anchor, in addition to the white, or a shape consisting of two lights or shapes prescribed in subpara- cones with apexes together in a graphs (b)(1) and (2), the light, lights or vertical line one above the other; shapes prescribed in Rule 30. (2) When there is outlying gear ex- (c) Vessels engaged in towing oper- tending more than 150 meters hori- ations. A vessel engaged in a towing op- zontally from the vessel, an all-round eration which severely restricts the white light or a cone apex upward in towing vessel and her tow in their abil- the direction of the gear; and ity to deviate from their course shall, (3) When making way through the in addition to the lights or shapes pre- water, in addition to the lights prescribed in subparagraphs (b)(1) and (2) scribed in this paragraph, sidelights of this Rule, exhibit the lights or shape and a sternlight. prescribed in Rule 24. (d) Vessels engaged in fishing in close (d) Vessels engaged in dredging or un- proximity to other vessels engaged in fish- derwater operations. A vessel engaged in ing. The additional signals described in dredging or underwater operations, Annex II to these Rules apply to a ves- when restricted in her ability to ma- sel engaged in fishing in close prox- neuver, shall exhibit the lights and imity to other vessels engaged in fish- shapes prescribed in subparagraphs ing. (b)(1), (2), and (3) of this Rule and shall (e) Vessels when not engaged in fishing. in addition, when an obstruction ex- A vessel when not engaged in fishing ists, exhibit: shall not exhibit the lights or shapes (1) Two all-round red lights or two prescribed in this Rule, but only those balls in a vertical line to indicate the prescribed for a vessel of her length. side on which the obstruction exists; (2) Two all-round green lights or two § 83.27 Vessels not under command or diamonds in a vertical line to indicate restricted in their ability to maneu- the side on which another vessel may ver (Rule 27). pass; and (a) Vessels not under command. A ves- (3) When at anchor, the lights or sel not under command shall exhibit: shape prescribed by this paragraph, in- (1) Two all-round red lights in a stead of the lights or shapes prescribed vertical line where they can best be in Rule 30 for anchored vessels. seen; (e) Vessels engaged in diving oper- (2) Two balls or similar shapes in a ations. Whenever the size of a vessel en- vertical line where they can best be gaged in diving operations makes it seen; and impracticable to exhibit all lights and (iii) When making way through the shapes prescribed in paragraph (d) of water, in addition to the lights pre- this Rule, the following shall instead scribed in this paragraph, sidelights be exhibited: and a sternlight. (1) Three all-round lights in a (b) Vessels restricted in their ability to vertical line where they can best be maneuver. A vessel restricted in her seen. The highest and lowest of these ability to maneuver, except a vessel lights shall be red and the middle light engaged in mineclearance operations, shall be white. shall exhibit: (2) A rigid replica of the inter- (1) Three all-round lights in a national Code flag ’’A’’ not less than 1 vertical line where they can best be meter in height. Measures shall be seen. The highest and lowest of these taken to insure its all-round visibility. lights shall be red and the middle light (f) Vessels engaged in mine clearance shall be white; operations. A vessel engaged in mine

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clearance operations shall, in addition subparagraph (1), an all-round white to the lights prescribed for a power- light. driven vessel in Rule 23 or to the lights (b) Vessels of less than 50 meters in or shape prescribed for a vessel at an- length; alternative light. A vessel of less chor in Rule 30, as appropriate, exhibit than 50 meters in length may exhibit three all-round green lights or three an all-round white light where it can balls. One of these lights or shapes best be seen instead of the lights pre- shall be exhibited near the foremast scribed in paragraph (a) of this Rule. head and one at each end of the fore (c) Illumination of decks. A vessel at yard. These lights or shapes indicate anchor may, and a vessel of 100 meters that it is dangerous for another vessel or more in length shall, also use the to approach within 1,000 meters of the mine clearance vessel. available working or equivalent lights (g) Vessels of less than 12 meters in to illuminate her decks. length. A vessel of less than 12 meters (d) Vessels aground. A vessel aground in length, except when engaged in div- shall exhibit the lights prescribed in ing operations, is not required to ex- paragraph (a) or (b) of this Rule and in hibit the lights or shapes prescribed in addition, if practicable, where they can this Rule. best be seen: (h) Signals of vessels in distress and re- (1) Two all-round red lights in a quiring assistance. The signals pre- vertical line; and scribed in this Rule are not signals of (2) Three balls in a vertical line. vessels in distress and requiring assist- (e) Vessels of less than 7 meters in ance. Such signals are contained in length when at anchor. A vessel of less Annex IV to these Rules. than 7 meters in length, when at an- [USCG–2009–0948, 75 FR 19546, Apr. 15, 2010, as chor, not in or near a narrow channel, amended by USCG–2012–0306, 77 FR 37313, fairway, anchorage, or where other ves- June 21, 2012] sels normally navigate, shall not be required to exhibit the lights or shape § 83.28 [Reserved] (Rule 28). prescribed in paragraphs (a) and (b) of § 83.29 Pilot vessels (Rule 29). this Rule. (a) Vessels engaged on pilotage duty. A (f) Vessels of less than 12 meters in vessel engaged on pilotage duty shall length when aground. A vessel of less exhibit: than 12 meters in length when aground (1) At or near the masthead, two all- shall not be required to exhibit the round lights in a vertical line, the lights or shapes prescribed in subpara- upper being white and the lower red; graphs (d)(1) and (2) of this Rule. (2) When underway, in addition, (g) Vessels of less than 20 meters in sidelights and a sternlight; and length while at anchor in special anchor- (3) When at anchor, in addition to the age. A vessel of less than 20 meters in lights prescribed in subparagraph (1), length, when at anchor in a special an- the anchor light, lights, or shape pre- chorage area designated by the Sec- scribed in Rule 30 for anchored vessels. retary, shall not be required to exhibit (b) Vessels when not engaged on pilot- the anchor lights and shapes required age duty. A pilot vessel when not en- by this Rule. gaged on pilotage duty shall exhibit the lights or shapes prescribed for a § 83.31 Seaplanes (Rule 31). vessel of her length. Where it is impracticable for a sea- § 83.30 Anchored vessels and vessels plane to exhibit lights and shapes of aground (Rule 30). the characteristics or in the positions (a) Vessels at anchor. A vessel at an- prescribed in the Rules of this part she chor shall exhibit where it can best be shall exhibit lights and shapes as close- seen: ly similar in characteristics and posi- (1) In the fore part, an all-round tion as is possible. white light or one ball; and (2) At or near the stern and at a lower level than the light prescribed in

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Subpart D—Sound and Light and take the steps necessary to effect a Signals safe passing. If, however, from any cause, the vessel doubts the safety of § 83.32 Definitions (Rule 32). the proposed maneuver, she shall sound (a) Whistle means any sound signaling the danger signal specified in para- appliance capable of producing the pre- graph (d) of this Rule and each vessel scribed blasts and which complies with shall take appropriate precautionary specifications in Annex III to these action until a safe passing agreement Rules. is made. (b) Short blast means a blast of about (b) Light signals. A vessel may supple- 1 second’s duration. ment the whistle signals prescribed in (c) Prolonged blast means a blast of paragraph (a) of this Rule by light sig- from 4 to 6 second’s duration. nals: (1) These signals shall have the fol- § 83.33 Equipment for sound signals lowing significance: one flash to mean (Rule 33). ‘‘I intend to leave you on my port (a) Vessels of 12 meters or more in side’’; two flashes to mean ‘‘I intend to length. A vessel of 12 meters or more in leave you on my starboard side’’; three length shall be provided with a whistle flashes to mean ‘‘I am operating astern and a bell and a vessel of 100 meters or propulsion’’; more in length shall, in addition, be (2) The duration of each flash shall be provided with a gong, the tone and about 1 second; and sound of which cannot be confused with (3) The light used for this signal that of the bell. The whistle, bell and shall, if fitted, be one all-round white gong shall comply with the specifica- or yellow light, visible at a minimum tions in Annex III to these Rules. The range of 2 miles, synchronized with the bell or gong or both may be replaced by whistle, and shall comply with the pro- other equipment having the same revisions of Annex I to these Rules. spective sound characteristics, pro- (c) Overtaking situations. When in vided that manual sounding of the pre- sight of one another: scribed signals shall always be possible. (1) A power-driven vessel intending to (b) Vessels of less than 12 meters in overtake another power-driven vessel length. A vessel of less than 12 meters shall indicate her intention by the fol- in length shall not be obliged to carry lowing signals on her whistle: one the sound signaling appliances pre- short blast to mean ‘‘I intend to over- scribed in paragraph (a) of this Rule take you on your starboard side’’; two but if she does not, she shall be pro- short blasts to mean ‘‘I intend to over- vided with some other means of mak- take you on your port side’’; and ing an efficient sound signal. (2) The power-driven vessel about to be overtaken shall, if in agreement, § 83.34 Maneuvering and warning sig- sound a similar sound signal. If in nals (Rule 34). doubt she shall sound the danger signal (a) Whistle signals. When power-driven prescribed in paragraph (d). vessels are in sight of one another and (d) Doubts or failure to understand sig- meeting or crossing at a distance with- nals. When vessels in sight of one an- in half a mile of each other, each vessel other are approaching each other and underway, when maneuvering as au- from any cause either vessel fails to thorized or required by these Rules: understand the intentions or actions of (1) Shall indicate that maneuver by the other, or is in doubt whether suffi- the following signals on her whistle: cient action is being taken by the one short blast to mean ‘‘I intend to other to avoid collision, the vessel in leave you on my port side’’; two short doubt shall immediately indicate such blasts to mean ‘‘I intend to leave you doubt by giving at least five short and on my starboard side’’; and three short rapid blasts on the whistle. This signal blasts to mean ‘‘I am operating astern may be supplemented by a light signal propulsion’’. of at least five short and rapid flashes. (2) Upon hearing the one or two blast (e) Vessels in areas of obscured visibility signal of the other shall, if in agree- due to intervening obstructions. A vessel ment, sound the same whistle signal nearing a bend or an area of a channel

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or fairway where other vessels may be underway or at anchor; and a vessel en- obscured by an intervening obstruction gaged in towing or pushing another shall sound one prolonged blast. This vessel shall, instead of the signals pre- signal shall be answered with a pro- scribed in paragraphs (a) or (b) of this longed blast by any approaching vessel Rule, sound at intervals of not more that may be within hearing around the than 2 minutes, three blasts in succes- bend or behind the intervening obstruc- sion; namely, one prolonged followed tion. by two short blasts. (f) Use of one whistle only on a vessel. (d) Vessels towed. A vessel towed or if If whistles are fitted on a vessel at a more than one vessel is towed the last distance apart of more than 100 meters, vessel of the tow, if manned, shall at one whistle only shall be used for giv- intervals of not more than 2 minutes ing maneuvering and warning signals. sound four blasts in succession; name- (g) Power-driven vessels leaving dock or ly, one prolonged followed by three berth. When a power-driven vessel is short blasts. When practicable, this leaving a dock or berth, she shall sound signal shall be made immediately after one prolonged blast. the signal made by the towing vessel. (h) Agreement between vessels using ra- (e) Pushing and pushed vessels con- diotelephone. A vessel that reaches nected in composite unit. When a pushing agreement with another vessel in a vessel and a vessel being pushed ahead head-on, crossing, or overtaking situa- are rigidly connected in a composite tion, as for example, by using the ra- unit they shall be regarded as a power- diotelephone as prescribed by the Ves- driven vessel and shall give the signals sel Bridge-to-Bridge Radiotelephone prescribed in paragraphs (a) or (b) of Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), this Rule. is not obliged to sound the whistle sig- (f) Vessels at anchor. A vessel at an- nals prescribed by this Rule, but may chor shall at intervals of not more do so. If agreement is not reached, then than 1 minute ring the bell rapidly for whistle signals shall be exchanged in a about 5 seconds. In a vessel of 100 me- timely manner and shall prevail. ters or more in length the bell shall be § 83.35 Sound signals in restricted visi- sounded in the forepart of the vessel bility (Rule 35). and immediately after the ringing of In or near an area of restricted visi- the bell the gong shall be sounded rap- bility, whether by day or night, the idly for about 5 seconds in the after signals prescribed in this Rule shall be part of the vessel. A vessel at anchor used as follows: may in addition sound three blasts in (a) Power-driven vessels making way succession; namely, one short, one pro- through the water. A power-driven ves- longed and one short blast, to give sel making way through the water warning of her position and of the pos- shall sound at intervals of not more sibility of collision to an approaching than 2 minutes one prolonged blast. vessel. (b) Power-driven vessels underway but (g) Vessels aground. A vessel aground stopped and making no way through the shall give the bell signal and if re- water. A power-driven vessel underway quired the gong signal prescribed in but stopped and making no way paragraph (f) of this Rule and shall, in through the water shall sound at inter- addition, give three separate and dis- vals of not more than 2 minutes two tinct strokes on the bell immediately prolonged blasts in succession with an before and after the rapid ringing of interval of about 2 seconds between the bell. A vessel aground may in addi- them. tion sound an appropriate whistle sig- (c) Vessels not under command; vessels nal. restricted in ability to maneuver; sailing (h) Vessels of less than 12 meters in vessels; vessels engaged in fishing; vessels length. A vessel of less than 12 meters engaged in towing or pushing. A vessel in length shall not be obliged to give not under command; a vessel restricted the above-mentioned signals but, if she in her ability to maneuver, whether does not, shall make some other effi- underway or at anchor; a sailing vessel; cient sound signal at intervals of not a vessel engaged in fishing, whether more than 2 minutes.

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(i) Pilot vessels. A pilot vessel when statute; shall be exempted from com- engaged on pilotage duty may in addi- pliance with the technical Annexes to tion to the signals prescribed in para- these Rules as follows: graphs (a), (b) or (f) of this Rule sound (1) The installation of lights with an identity signal consisting of four ranges prescribed in Rule 22, until 4 short blasts. years after the effective date of the In- (j) Vessels anchored in special anchor- land Navigational Rules Act of 1980 age areas. The following vessels shall (Pub. L. 96–591), except that vessels of not be required to sound signals as pre- less than 20 meters in length are per- scribed in paragraph (f) of this Rule manently exempt; when anchored in a special anchorage (2) The installation of lights with area designated by the Secretary: color specifications as prescribed in (1) A vessel of less than 20 meters in Annex I to these Rules, until 4 years length; and after the effective date of the Inland (2) A barge, canal boat, scow, or Navigational Rules Act of 1980 (Pub. L. other nondescript craft. 96–591), except that vessels of less than 20 meters in length are permanently § 83.36 Signals to attract attention exempt; (Rule 36). (3) The repositioning of lights as a re- If necessary to attract the attention sult of conversion to metric units and of another vessel, any vessel may make rounding off measurement figures, are light or sound signals that cannot be permanently exempt; and mistaken for any signal authorized (4) The horizontal repositioning of elsewhere in these Rules, or may direct masthead lights prescribed by Annex I the beam of her searchlight in the di- to these Rules: rection of the danger, in such a way as (i) On vessels of less than 150 meters not to embarrass any vessel. in length, permanent exemption. (ii) On vessels of 150 meters or more § 83.37 Distress signals (Rule 37). in length, until 9 years after the effec- When a vessel is in distress and re- tive date of the Inland Navigational quires assistance she shall use or ex- Rules Act of 1980 (Pub. L. 96–591). hibit the signals described in Annex IV (5) The restructuring or repositioning to these Rules. of all lights to meet the prescriptions of Annex I to these, until 9 years after Subpart E—Exemptions the effective date of the Inland Naviga- tional Rules Act of 1980 (Pub. L. 96–591); § 83.38 Exemptions (Rule 38). (6) Power-driven vessels of 12 meters Any vessel or class of vessels, the or more but less than 20 meters in keel of which is laid or which is at a length are permanently exempt from corresponding stage of construction be- the provisions of Rule 23(a)(1) and fore December 24, 1980, provided that 23(a)(4) provided that, in place of these she complies with the requirements lights, the vessel exhibits a white light of— aft visible all round the horizon; and (a) The Act of June 7, 1897, (30 Stat. (7) The requirements for sound signal 96), as amended (33 U.S.C. 154–232) for appliances prescribed in Annex III to vessels navigating the waters subject these Rules, until 9 years after the ef- to that statute; fective date of the Inland Navigational (b) Section 4233 of the Revised Stat- Rules Act of 1980 (Pub. L. 96–591). utes (33 U.S.C. 301–356) for vessels navigating the waters subject to that stat- PART 84—ANNEX I: POSITIONING ute; AND TECHNICAL DETAILS OF (c) The Act of February 8, 1895 (28 Stat. 645), as amended (33 U.S.C. 241– LIGHTS AND SHAPES 295) for vessels navigating the waters subject to that statute; or Sec. 84.01 Definitions. (d) Sections 3, 4, and 5 of the Act of 84.03 Vertical positioning and spacing of April 25, 1940 (54 Stat. 163), as amended lights. (46 U.S.C. 526b, c, and d) for motorboats 84.05 Horizontal positioning and spacing of navigating the waters subject to that lights.

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84.07 Details of location of direction-indi- (1) The forward masthead light, or if cating lights for fishing vessels, dredgers only one masthead light is carried, and vessels engaged in underwater oper- then that light, at a height above the ations. hull of not less than 5 meters, and, if 84.09 Screens. 84.11 Shapes. the breadth of the vessel exceeds 5 me- 84.13 Color specification of lights. ters, then at a height above the hull 84.15 Intensity of lights. not less than such breadth, so however 84.17 Horizontal sectors. that the light need not be placed at a 84.19 Vertical sectors. greater height above the hull than 8 84.21 Intensity of non-electric lights. meters; 84.23 Maneuvering light. (2) When two masthead lights are 84.24 High-speed craft. carried the after one shall be at least 2 84.25 Approval. [Reserved] meters vertically higher than the for- AUTHORITY: 33 U.S.C. 2071; Department of ward one. Homeland Security Delegation No. 0170.1. (b) The vertical separation of the SOURCE: CGD 81–008, 46 FR 62447, Dec. 24, masthead lights of power-driven vessels 1981, unless otherwise noted. shall be such that in all normal conditions of trim the after light will be § 84.01 Definitions. seen over and separate from the for- (a) The term height above the hull ward light at a distance of 1000 meters means height above the uppermost con- from the stem when viewed from water tinuous deck. This height shall be level. measured from the position vertically (c) The masthead light of a power- beneath the location of the light. driven vessel of 12 meters but less than (b) High-speed craft means a craft ca- 20 meters in length shall be placed at a pable of maximum speed in meters per height above the gunwale of not less second (m/s) equal to or exceeding: than 2.5 meters. 3.7S0.1667; where S=displacement cor- (d) The masthead light, or the all- responding to the design waterline round light described in Rule 23(c), of a (cubic meters). power-driven vessel of less than 12 meters in length shall be carried at least NOTE TO PARAGRAPH (b): The same formula one meter higher than the sidelights. expressed in pounds and knots is maximum (e) One of the two or three masthead speed in knots (kts) equal to exceeding 1.98 lights prescribed for a power-driven (lbs) S0.1667; where S=displacement corresponding to design waterline in pounds. vessel when engaged in towing or pushing another vessel shall be placed in (c) The term practical cut-off means, the same position as either the forward for vessels 20 meters or more in length, masthead light or the after masthead 12.5 percent of the minimum luminous light, provided that the lowest after intensity (Table 84.15(b)) corresponding masthead light shall be at least 2 me- to the greatest range of visibility for ters vertically higher than the highest which the requirements of Annex I are forward masthead light. met. (f)(1) The masthead light or lights (d) The term Rule or Rules means the prescribed in Rule 23(a) shall be so Inland Navigation Rules contained in placed as to be above and clear of all sec. 2 of the Inland Navigational Rules other lights and obstructions except as Act of 1980 (Pub. L. 96–591, 94 Stat. 3415, described in paragraph (f)(2) of this sec- 33 U.S.C. 2001, December 24, 1980) as tion. amended. (2) When it is impracticable to carry [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as the all-round lights prescribed in Rule amended by CGD 94–011, 63 FR 5731, Feb. 4, 27(b)(1) below the masthead lights, they 1998; USCG–2012–0306, 77 FR 37313, June 21, may be carried above the after mast- 2012] head light(s) or vertically in between the forward masthead light(s) and after § 84.03 Vertical positioning and spac- masthead light(s), provided that in the ing of lights. latter case the requirement of § 84.05(d) (a) On a power-driven vessel of 20 me- shall be complied with. ters or more in length the masthead (g) The sidelights of a power-driven lights shall be placed as follows: vessel shall be placed at least one

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meter lower than the forward mast- (c) When the lights prescribed in Rule head light. They shall not be so low as 27(b)(i) are placed vertically between to be interfered with by deck lights. the forward masthead light(s) and the (h) [Reserved] after masthead light(s) these all-round (i) When the Rules prescribe two or lights shall be placed at a horizontal three lights to be carried in a vertical distance of not less than 2 meters from line, they shall be spaced as follows: the fore and aft centerline of the vessel (1) On a vessel of 20 meters in length in the athwartship direction. or more such lights shall be spaced not (d) When only one masthead light is less than 1 meter apart, and the lowest prescribed for a power-driven vessel, of these lights shall, except where a this light must be exhibited forward of towing light is required, be placed at a amidships. For a vessel of less than 20 height of not less than 4 meters above meters in length, the vessel shall ex- the hull; hibit one masthead light as far forward (2) On a vessel of less than 20 meters as is practicable. in length such lights shall be spaced not less than 1 meter apart and the (e) On power-driven vessels 50 meters lowest of these lights shall, except but less than 60 meters in length oper- where a towing light is required, be ated on the Western Rivers, and those placed at a height of not less than 2 waters specified in § 89.25, the hori- meters above the gunwale; zontal distance between masthead (3) When three lights are carried they lights shall not be less than 10 meters. shall be equally spaced. [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as (j) The lower of the two all-round amended by CGD 88–07, 53 FR 10533, April 1, lights prescribed for a vessel when en- 1988; CGD 94–011, 63 FR 5731, Feb. 4, 1998] gaged in fishing shall be a height above the sidelights not less than twice the § 84.07 Details of location of direction- distance between the two vertical indicating lights for fishing vessels, lights. dredgers and vessels engaged in un- (k) The forward anchor light pre- derwater operations. scribed in Rule 30(a)(i), when two are (a) The light indicating the direction carried, shall not be less than 4.5 me- of the outlying gear from a vessel enters above the after one. On a vessel of gaged in fishing as prescribed in Rule 50 meters or more in length this for- 26(c)(2) shall be placed at a horizontal ward anchor light shall be placed at a distance of not less than 2 meters and height or not less than 6 meters above not more than 6 meters away from the the hull. two all-round red and white lights. [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as This light shall be placed not higher amended by CGD 89–024, 55 FR 3947, Feb. 6, than the all-round white light pre- 1990; USCG–2012–0306, 77 FR 37313, June 21, scribed in Rule 26(c)(1) and not lower 2012] than the sidelights. (b) The lights and shapes on a vessel § 84.05 Horizontal positioning and spacing of lights. engaged in dredging or underwater operations to indicate the obstructed side (a) Except as specified in paragraph and/or the side on which it is safe to (e) of this section, when two masthead pass, as prescribed in Rule 27(d)(1) and lights are prescribed for a power-driven (2), shall be placed at the maximum vessel, the horizontal distance between practical horizontal distance, but in no them must not be less than one quarter case less than 2 meters, from the lights of the length of the vessel but need not or shapes prescribed in Rule 27(b)(1) be more than 50 meters. The forward and (2). In no case shall the upper of light must be placed not more than one half of the length of the vessel from the these lights or shapes be at a greater stem. height than the lower of the three (b) On a power-driven vessel of 20 me- lights or shapes prescribed in Rule ters or more in length the sidelights 27(b)(1) and (2). shall not be placed in front of the for- [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as ward masthead lights. They shall be amended by USCG–2012–0306, 77 FR 37313, placed at or near the side of the vessel. June 21, 2012]

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§ 84.09 Screens. is also available for inspection at the (a) The sidelights of vessels of 20 me- National Archives and Records Admin- ters or more in length shall be fitted istration (NARA). For information on with mat black inboard screens and the availability of this material at meet the requirements of § 84.17. On NARA, call 202–741–6030, or go to: http:// vessels of less than 20 meters in length, www.archives.gov/federallregister/ the sidelights, if necessary to meet the codeloflfederallregulations/ requirements of § 84.17, shall be fitted ibrllocations.html. This incorporation with mat black inboard screens. With a by reference was approved by the Di- combined lantern, using a single rector of the Federal Register. vertical filament and a very narrow di- (b) The boundaries of the area for vision between the green and red sec- each color are given by indicating the tions, external screens need not be corner co-ordinates, which are as fol- fitted. lows: (b) On power-driven vessels less than (1) White: 12 meters in length constructed after x 0.525 0.525 0.452 0.310 0.310 0.443 July 31, 1983, the masthead light, or the y 0.382 0.440 0.440 0.348 0.283 0.382 all-round light described in Rule 23(c) (2) Green: shall be screened to prevent direct illumination of the vessel forward of the x 0.028 0.009 0.300 0.203 operator’s position. y 0.385 0.723 0.511 0.356 (3) Red: § 84.11 Shapes. x 0.680 0.660 0.735 0.721 (a) Shapes shall be black and of the y 0.320 0.320 0.265 0.259 following sizes: (1) A ball shall have a diameter of not (4) Yellow: less than 0.6 meter; x 0.612 0.618 0.575 0.575 (2) A cone shall have a base diameter y 0.382 0.382 0.425 0.406 of not less than 0.6 meter and a height [CGD81–008, 46 FR 62447, Dec. 24, 1981, as equal to its diameter; amended at 69 FR 18803, Apr. 9, 2004; USCG– (3) A diamond shape shall consist of 2004–18057, 69 FR 34925, June 23, 2004; USCG– two cones (as defined in paragraph 2008–0179, 73 FR 35002, June 19, 2008; USCG– (a)(2) of this section) having a common 2010–0351, 75 FR 36281, June 25, 2010] base. (b) The vertical distance between § 84.15 Intensity of lights. shapes shall be at least 1.5 meter. (a) The minimum luminous intensity (c) In a vessel of less than 20 meters of lights will be calculated by using the in length shapes of lesser dimensions formula: but commensurate with the size of the I = 3.43 × 106 × T × D2 × K¥D vessel may be used and the distance apart may be correspondingly reduced. where I is luminous intensity in candelas under service conditions, § 84.13 Color specification of lights. T is threshold factor 2 × 10¥7 lux, D is range of visibility (luminous range) of (a) The chromaticity of all naviga- the light in nautical miles, tion lights shall conform to the fol- K is atmospheric transmissivity. For pre- lowing standards, which lie within the scribed lights the value of K will be 0.8, boundaries of the area of the diagram corresponding to a meteorological visi- specified for each color by the Inter- bility of approximately 13 nautical miles. national Commission on Illumination (b) A selection of figures derived (CIE), in the ‘‘Colors of Light Signals’’, from the formula is given in Table which is incorporated by reference. It 84.15(b): is Publication CIE No. 2.2. (TC–1.6), 1975, and is available from the Illu- TABLE 84.15(B) mination Engineering Society, 345 East 47th Street, New York, NY 10017 and is Minimum lumi- Range of visibility (luminous range) of nous intensity of available for inspection at the Coast light in nautical miles D light in candelas Guard, Ocean Engineering Division for K=0.8 I (CG-432), (CG–432), 2100 2nd St., SW., 1 ...... 0 .9 Stop 7901, Washington, DC 20593–7901. It 2 ...... 4 .3

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TABLE 84.15(B)—Continued § 84.19 Vertical sectors.

Minimum lumi- (a) The vertical sectors of electric Range of visibility (luminous range) of nous intensity of lights as fitted, with the exception of light in nautical miles D light in candelas for K=0.8 I lights on sailing vessels underway and on unmanned barges, shall ensure that: 3 ...... 12 (1) At least the required minimum in- 4 ...... 27 5 ...... 52 tensity is maintained at all angles 6 ...... 94 from 5 degrees above to 5 degrees below the horizontal; [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as (2) At least 60 percent of the required amended by USCG–2012–0306, 77 FR 37313, minimum intensity is maintained from June 21, 2012] 7.5 degrees above to 7.5 degrees below the horizontal. § 84.17 Horizontal sectors. (b) In the case of sailing vessels un- (a)(1) In the forward direction, derway the vertical sectors of electric sidelights as fitted on the vessel shall lights as fitted shall ensure that: show the minimum required inten- (1) At least the required minimum in- sities. The intensities shall decrease to tensity is maintained at all angles reach practical cut-off between 1 and 3 from 5 degrees above to 5 degrees below degrees outside the prescribed sectors. the horizontal; (2) For sternlights and masthead (2) At least 50 percent of the required lights and at 22.5 degrees abaft the minimum intensity is maintained from beam for sidelights, the minimum re- 25 degrees above to 25 degrees below quired intensities shall be maintained the horizontal. over the arc of the horizon up to 5 de- (c) In the case of unmanned barges grees within the limits of the sectors the minimum required intensity of prescribed in Rule 21. From 5 degrees electric lights as fitted shall be main- within the prescribed sectors the inten- tained on the horizontal. sity may decrease by 50 percent up to (d) In the case of lights other than the prescribed limits; it shall decrease electric lights these specifications steadily to reach practical cut-off at shall be met as closely as possible not more than 5 degrees outside the [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as prescribed sectors. amended by CGD 89–024, 55 FR 3947, Feb. 6, (b) All-round lights shall be so lo- 1990] cated as not to be obscured by masts, topmasts or structures within angular § 84.21 Intensity of non-electric lights. sectors of more than 6 degrees, except Non-electric lights shall so far as anchor lights prescribed in Rule 30, practicable comply with the minimum which need not be placed at an imprac- intensities, as specified in the Table ticable height above the hull, and the given in § 84.15. all-round white light described in Rule 23(d), which may not be obscured at all. § 84.23 Maneuvering light. (c) If it is impracticable to comply Notwithstanding the provisions of with paragraph (b) of this section by § 84.03(f), the maneuvering light de- exhibiting only one all-round light, two scribed in Rule 34(b) shall be placed ap- all-round lights shall be used suitably proximately in the same fore and aft positioned or screened to appear, as far vertical plane as the masthead light or as practicable, as one light at a min- lights and, where practicable, at a minimum distance of one nautical mile. imum height of one-half meter NOTE TO PARAGRAPH (c): Two unscreened vertically above the forward masthead all-round lights that are 1.28 meters apart or light, provided that it shall be carried less will appear as one light to the naked eye not less than one-half meter vertically at a distance of one nautical mile. above or below the after masthead [CGD 81–008, 46 FR 62447, Dec. 24, 1981, as light. On a vessel where only one mast- amended by CGD 94–011, 63 FR 5731, Feb. 4, head light is carried the maneuvering 1998; USCG–2012–0306, 77 FR 37313, June 21, light, if fitted, shall be carried where it 2012] can best be seen, not less than one-half

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meter vertically apart from the mast- from the lights prescribed by these head light. Rules for fishing vessels.

§ 84.24 High-speed craft. [CGD 81–006, 46 FR 61845, Dec. 21, 1981, as amended by USCG–2012–0306, 77 FR 37313, (a) The masthead light of high-speed June 21, 2012] craft with a length to breadth ratio of less than 3.0 may be placed at a height § 85.3 Signals for trawlers. related to the breadth lower than that (a) Vessels when engaged in trawling, prescribed in § 84.03(a)(1), provided that whether using demersal or pelagic the base angle of the isosceles triangle gear, may exhibit: formed by the side lights and masthead (1) When shooting their nets: two light when seen in end elevation is not white lights in a vertical line; less than 27 degrees as determined by (2) When hauling their nets: one the formula in paragraph (b) of this white light over one red light in a section. vertical line; (b) The minimum height of masthead (3) When the net has come fast upon light above sidelights is to be deter- an obstruction: two red lights in a mined by the following formula: Tan vertical line. 27°= / ; where Y is the horizontal dis- X Y (b) Each vessel engaged in pair trawl- tance between the sidelights and X is ing may exhibit: the height of the forward masthead light. (1) By night, a searchlight directed forward and in the direction of the [CGD 94–011, 63 FR 5731, Feb. 4, 1998. Redesig- other vessel of the pair; nated by USCG–1999–5832, 64 FR 34712, June (2) When shooting or hauling their 29, 1999] nets or when their nets have come fast § 84.25 Approval. upon an obstruction, the lights prescribed in paragraph (a) of this section. The construction of lights and shapes and the installation of lights on board § 85.5 Signals for purse seiners. the vessel must satisfy the Com- Vessels engaged in fishing with purse mandant, U.S. Coast Guard. seine gear may exhibit two yellow [USCG–1999–6580, 66 FR 55091, Nov. 1, 2001] lights in a vertical line. These lights shall flash alternately every second PART 85—ANNEX II: ADDITIONAL and with equal light and occultation SIGNALS FOR FISHING VESSELS duration. These lights may be exhib- FISHING IN CLOSE PROXIMITY ited only when the vessel is hampered by its fishing gear. Sec. 85.1 General. PART 86—ANNEX III: TECHNICAL 85.3 Signals for trawlers. DETAILS OF SOUND SIGNAL AP- 85.5 Signals for purse seiners. PLIANCES AUTHORITY: Sec. 3, Pub. L. 96–591.

SOURCE: CGD 81–006, 46 FR 61845, Dec. 21, Subpart A—Whistles 1981, unless otherwise noted. Sec. 86.01 Frequencies and range of audibility. § 85.1 General. 86.03 Limits of fundamental frequencies. The lights mentioned herein shall, if 86.05 Sound signal intensity and range of exhibited in pursuance of Rule 26(d), be audibility. placed where they can best be seen. 86.07 Directional properties. They shall be at least 0.9 meter apart 86.09 Positioning of whistles. but at a lower level than lights pre- 86.11 Fitting of more than one whistle. scribed in Rule 26(b)(1) and (c)(1) con- 86.13 Combined whistle systems. tained in the Inland Navigational 86.15 Towing vessel whistles. Rules Act of 1980, as amended (33 U.S.C. Subpart B—Bell or Gong 2001 et seq.). The lights shall be visible all around the horizon at a distance of 86.21 Intensity of signal. at least 1 mile but at a lesser distance 86.23 Construction.

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Subpart C—Approval quency of a whistle shall be between the following limits: 86.31 Approval. [Reserved] (a) 70–200 Hz, for a vessel 200 meters AUTHORITY: Sec. 3, Pub. L. 96–591; 49 CFR or more in length; 1.46(n)(14). (b) 130–350 Hz, for a vessel 75 meters SOURCE: CGD 81–009, 46 FR 61848, Dec. 21, but less than 200 meters in length; 1981, unless otherwise noted. (c) 250–525 Hz, for a vessel less than 75 meters in length. Subpart A—Whistles § 86.05 Sound signal intensity and § 86.01 Frequencies and range of audi- range of audibility. bility. The fundamental frequency of the A whistle on a vessel shall provide, in signal shall lie within the range 70–525 the direction of the forward axis of the Hz. The range of audibility of the sig- whistle and at a distance of 1 meter nal from a whistle shall be determined from it, a sound pressure level in at by those frequencies, which may in- least one 1⁄3-octave band of not less clude the fundamental and/or one or than the appropriate figure given in more higher frequencies, which lie Table 86.05 within the following fre- within the frequency ranges and pro- quency ranges (±1 percent): vide the sound pressure levels specified (a) 130–1200 Hz, for a vessel 75 meters in § 86.05. or more in length; (b) 250–1600 Hz, for a vessel 20 meters § 86.03 Limits of fundamental frequencies. but less than 75 meters in length; (c) 250–2100 Hz, for a vessel 12 meters To ensure a wide variety of whistle but less than 20 meters in length. characteristics, the fundamental fre-

TABLE 86.05

1⁄3-octave band Fundamental For measured level at 1 meter in Audibility range in Length of vessel in meters frequency range (Hz) frequencies (Hz) dB referred to nautical miles 2×10 ¥5 N/m2

...... 130–180 145 ...... 200 or more ...... 70–200 180–250 143 2 ...... 250–1200 140 ...... 130–180 140 ...... 75 but less than 200 ...... 130–350 180–250 138 1.5 ...... 250–1200 134 ...... 250–450 130 ...... 20 but less than 75 ...... 250–525 450 –800 125 1.0 ...... 800–1600 121 ...... 250–450 120 ...... 12 but less than 20 ...... 250–525 450 –800 115 0.5 ...... 800–2100 111 ......

NOTE. The range of audibility in the table above is for information and is approximately the range at which a whistle may usually be heard on its forward axis in conditions of still air on board a vessel having average background noise level at the listening posts (taken to be 68 dB in the octave band centered on 250 Hz and 63 dB in the octave band centered on 500 Hz). In practice the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post the range may be much reduced.

§ 86.07 Directional properties. pressure level specified for the forward The sound pressure level of a direc- axis, so that the range of audibility in tional whistle shall be not more than 4 any direction will be at least half the dB below the sound pressure level spec- range required on the forward axis. The ified in § 86.05 in any direction in the sound pressure level shall be measured horizontal plane within ±45 degrees of in that one-third octave band which de- the forward axis. The sound pressure termines the audibility range. level of the whistle in any other direction in the horizontal plane shall not be more than 10 dB less than the sound

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§ 86.09 Positioning of whistles. tle whose characteristic falls within (a) When a directional whistle is to the limits prescribed by § 86.03 for the be used as the only whistle on the ves- longest customary composite length of sel and is permanently installed, it the vessel and its tow. shall be installed with its forward axis directed forward. Subpart B—Bell or Gong (b) A whistle shall be placed as high as practicable on a vessel, in order to § 86.21 Intensity of signal. reduce interception of the emitted A bell or gong, or other device having sound by obstructions and also to mini- similar sound characteristics shall mize hearing damage risk to personnel. produce a sound pressure level of not The sound pressure level of the vessel’s less than 110 dB at 1 meter. own signal at listening posts shall not exceed 110 dB(A) and so far as prac- § 86.23 Construction. ticable should not exceed 100 dB(A). Bells and gongs shall be made of cor- § 86.11 Fitting of more than one whis- rosion-resistant material and designed tle. to give a clear tone. The diameter of If whistles are fitted at a distance the mouth of the bell shall be not less apart of more than 100 meters, they than 300 mm for vessels of more than 20 shall not be sounded simultaneously. meters in length, and shall be not less than 200 mm for vessels of 12 to 20 me- § 86.13 Combined whistle systems. ters in length. The mass of the striker shall be not less than 3 percent of the (a) A combined whistle system is a mass of the bell. The striker shall be number of whistles (sound emitting capable of manual operation. Note: sources) operated together. For the purposes of the Rules a combined whis- When practicable, a power-driven bell tle system is to be regarded as a single striker is recommended to ensure con- whistle. stant force. (b) The whistles of a combined system shall: Subpart C—Approval (1) Be located at a distance apart of not more than 100 meters, § 86.31 Approval. [Reserved] (2) Be sounded simultaneously, (3) Each have a fundamental fre- PART 87—ANNEX IV: DISTRESS quency different from those of the oth- SIGNALS ers by at least 10 Hz, and (4) Have a tonal characteristic appro- Sec. priate for the length of vessel which 87.1 Need of assistance. shall be evidenced by at least two- 87.3 Exclusive use. thirds of the whistles in the combined 87.5 Supplemental signals. system having fundamental fre- AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46. quencies falling within the limits prescribed in § 86.03, or if there are only § 87.1 Need of assistance. two whistles in the combined system, by the higher fundamental frequency The following signals, used or exhib- falling within the limits prescribed in ited either together or separately, indi- § 86.03. cate distress and need of assistance: (a) A gun or other explosive signal NOTE: If due to the presence of obstruc- fired at intervals of about a minute. tions the sound field of a single whistle or of one of the whistles referred to in § 86.11 is (b) A continuous sounding with any likely to have a zone of greatly reduced sig- fog-signaling apparatus; nal level, a combined whistle system should (c) Rockets or shells, throwing red be fitted so as to overcome this reduction. stars fired one at a time at short intervals; § 86.15 Towing vessel whistles. (d) A signal made by radiotelegraphy A power-driven vessel normally en- or by any other signaling method con- gaged in pushing ahead or towing sisting of the group ...— — —... alongside may, at all times, use a whis- (SOS) in the Morse Code,

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(e) A signal sent by radiotelephony PART 88—ANNEX V: PILOT RULES consisting of the spoken word ‘‘May- day’’; Sec. (f) The International Code Signal of 88.01 Purpose and applicability. distress indicated by N.C. 88.03 Definitions. (g) A signal consisting of a square 88.05 Copy of rules. flag having above or below it a ball or 88.09 Temporary exemption from light and anything resembling a ball; shape requirements when operating (h) Flames on the vessel (as from a under bridges. burning tar barrel, oil barrel, etc.); 88.11 Law enforcement vessels. (i) A rocket parachute flare or a hand 88.12 Public safety activities. flare showing a red light; 88.13 Lights on moored barges. (j) A smoke signal giving off orange- 88.15 Lights on dredge pipelines. colored smoke; AUTHORITY: 33 U.S.C. 2071. (k) Slowly and repeatedly raising and lowering arms outstretched to each SOURCE: CGD 80–158, 47 FR 16175, Apr. 15, side; 1982, unless otherwise noted. (l) The radiotelegraph alarm signal; (m) The radiotelephone alarm signal; § 88.01 Purpose and applicability. (n) Signals transmitted by emer- This part applies to all vessels oper- gency position-indicating radio bea- ating on United States inland waters cons; and to United States vessels operating (o) Signals transmitted by on the Canadian waters of the Great radiocommunication systems, includ- Lakes to the extent there is no conflict ing survival craft radar transponders with Canadian law. meeting the requirements of 47 CFR 80.1095. § 88.03 Definitions. (p) A high intensity white light flash- The terms used in this part have the ing at regular intervals from 50 to 70 same meaning as defined in the Inland times per minute. Navigational Rules Act of 1980. [CGD 81–007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89–024, 55 FR 3947, Feb. 6, § 88.05 Copy of rules. 1990; CGD 94–011, 63 FR 5732, Feb. 4, 1998] The operator of each self-propelled § 87.3 Exclusive use. vessel 12 meters or more in length shall The use or exhibition of any of the carry on board and maintain for ready foregoing signals except for the pur- reference a copy of the Inland Naviga- pose of indicating distress and need of tion Rules. assistance and the use of other signals [USCG–2005–21531, 70 FR 36349, June 23, 2005] which may be confused with any of the above signals is prohibited. § 88.09 Temporary exemption from light and shape requirements when [CGD 81–007, 47 FR 16174, Apr. 15, 1982] operating under bridges. § 87.5 Supplemental signals. A vessel’s navigation lights and Attention is drawn to the relevant shapes may be lowered if necessary to sections of the International Code of pass under a bridge. Signals, the Merchant Ship Search and Rescue Manual, the International Tele- § 88.11 Law enforcement vessels. communication Union Radio Regula- (a) Law enforcement vessels may dis- tions and the following signals: play a flashing blue light when engaged (a) A piece of orange-colored canvas in direct law enforcement or public with either a black square and circle or safety activities. This light must be lo- other appropriate symbol (for identi- cated so that it does not interfere with fication from the air); the visibility of the vessel’s navigation (b) A dye marker. lights. [CGD 81–007, 47 FR 16174, Apr. 15, 1982, as (b) The blue light described in this amended by CGD 89–024, 55 FR 3947, Feb. 6, section may be displayed by law en- 1990] forcement vessels of the United States

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and the States and their political sub- lieu of the provisions of Inland Naviga- divisions. tion Rule 30, may carry unobstructed all-round white lights of an intensity [CGD 80–158, 47 FR 16175, Apr. 15, 1982, as amended by CGD 90–032, 56 FR 33385, July 22, to be visible for at least 1 nautical mile 1991] that meet the requirements of § 84.15 of this chapter and shall be arranged as § 88.12 Public safety activities. follows: (a) Vessels engaged in government (1) Any barge that projects from a sanctioned public safety activities, and group formation, shall be lighted on its commercial vessels performing similar outboard corners. (2) On a single barge moored in water functions, may display an alternately where other vessels normally navigate flashing red and yellow light signal. on both sides of the barge, lights shall This identification light signal must be be placed to mark the corner extrem- located so that it does not interfere ities of the barge. with the visibility of the vessel’s navi- (3) On barges moored in group forma- gation lights. The identification light tion, moored in water where other ves- signal may be used only as an identi- sels normally navigate on both sides of fication signal and conveys no special the group, lights shall be placed to privilege. Vessels using the identifica- mark the corner extremities of the tion light signal during public safety group. activities must abide by the Inland (d) The following are exempt from Navigation Rules, and must not pre- the requirements of this section: sume that the light or the exigency (1) A barge or group of barges moored gives them precedence or right of way. in a slip or slough used primarily for (b) Public safety activities include mooring purposes. but are not limited to patrolling ma- (2) A barge or group of barges moored rine parades, regattas, or special water behind a pierhead. celebrations; traffic control; salvage; (3) A barge less than 20 meters in firefighting; medical assistance; assist- length when moored in a special an- ing disabled vessels; and search and chorage area designated in accordance rescue. with § 109.10 of this chapter. [CGD 90–032, 56 FR 33386, July 22, 1991] (e) Barges moored in well-illuminated areas are exempt from the light- § 88.13 Lights on moored barges. ing requirements of this section. These (a) The following barges shall display areas are as follows: at night and if practicable in periods of restricted visibility the lights de- CHICAGO SANITARY SHIP CANAL scribed in paragraph (b) of this section: (1) Mile 293.2 to 293.9 (1) Every barge projecting into a (3) Mile 295.2 to 296.1 buoyed or restricted channel. (5) Mile 297.5 to 297.8 (2) Every barge so moored that it re- (7) Mile 298 to 298.2 duces the available navigable width of (9) Mile 298.6 to 298.8 (11) Mile 299.3 to 299.4 any channel to less than 80 meters. (13) Mile 299.8 to 300.5 (3) Barges moored in groups more (15) Mile 303 to 303.2 than two barges wide or to a maximum (17) Mile 303.7 to 303.9 width of over 25 meters. (19) Mile 305.7 to 305.8 (4) Every barge not moored parallel (21) Mile 310.7 to 310.9 to the bank or dock. (23) Mile 311 to 311.2 (25) Mile 312.5 to 312.6 (b) Barges described in paragraph (a) (27) Mile 313.8 to 314.2 of this section shall carry two unob- (29) Mile 314.6 structed all-round white lights of an (31) Mile 314.8 to 315.3 intensity to be visible for at least 1 (33) Mile 315.7 to 316 nautical mile and meeting the tech- (35) Mile 316.8 nical requirements as prescribed in (37) Mile 316.85 to 317.05 (39) Mile 317.5 § 84.15 of this chapter. (41) Mile 318.4 to 318.9 (c) A barge or group of barges at an- (43) Mile 318.7 to 318.8 chor or made fast to one or more moor- (45) Mile 320 to 320.3 ing buoys or other similar device, in (47) Mile 320.6

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(49) Mile 322.3 to 322.4 PART 89—INLAND NAVIGATION (51) Mile 322.8 (53) Mile 322.9 to 327.2 RULES: IMPLEMENTING RULES

CALUMET SAG CHANNEL Subpart A—Certificate of Alternative (61) Mile 316.5 Compliance Sec. LITTLE CALUMET RIVER 89.1 Definitions. (71) Mile 321.2 89.3 General. (73) Mile 322.3 89.5 Application for a Certificate of Alter- native Compliance. CALUMET RIVER 89.9 Certificate of Alternative Compliance: (81) Mile 328.5 to 328.7 Contents. (83) Mile 329.2 to 329.4 89.17 Certificate of Alternative Compliance: (85) Mile 330 west bank to 330.2 Termination. (87) Mile 331.4 to 331.6 89.18 Record of certification of vessels of (89) Mile 332.2 to 332.4 special construction or purpose. (91) Mile 332.6 to 332.8 Subpart B—Waters Upon Which Certain CUMBERLAND RIVER Inland Navigation Rules Apply (101) Mile 126.8 89.21 Purpose. (103) Mile 191 89.23 Definitions. 89.25 Waters upon which Inland Rules [CGD 80–158, 47 FR 16175, Apr. 15, 1982, as 9(a)(ii), 14(d), and 15(b) apply. amended by CGD 94–011, 63 FR 5732, Feb. 4, 89.27 Waters upon which Inland Rule 24(i) 1998] applies. § 88.15 Lights on dredge pipelines. AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46(n)(14). Dredge pipelines that are floating or supported on trestles shall display the SOURCE: CGD 80–157, 47 FR 13801, Apr. 1, following lights at night and in periods 1982, unless otherwise noted. of restricted visibility. (a) One row of yellow lights. The Subpart A—Certificate of lights must be: Alternative Compliance (1) Flashing 50 to 70 times per minute, § 89.1 Definitions. (2) Visible all around the horizon, As used in this subpart: (3) Visible for at least 2 miles on a Inland Rules refers to the Inland clear dark night, Navigation Rules contained in the In- (4) Not less than 1 and not more than land Navigational Rules Act of 1980 3.5 meters above the water, (Pub. L. 96–591) and the technical an- (5) Approximately equally spaced, nexes established under that act. and A vessel of special construction or pur- (6) Not more than 10 meters apart pose means a vessel designed or modi- where the pipeline crosses a navigable fied to perform a special function and channel. Where the pipeline does not whose arrangement is thereby made cross a navigable channel the lights relatively inflexible. must be sufficient in number to clearly Interference with the special function of show the pipeline’s length and course. the vessel occurs when installation or (b) Two red lights at each end of the use of lights, shapes, or sound-sig- pipeline, including the ends in a chan- naling appliances under the Inland nel where the pipeline is separated to Rules prevents or significantly hinders allow vessels to pass (whether open or the operation in which the vessel is closed). The lights must be: usually engaged. (1) Visible all around the horizon, and [CGD 80–157, 47 FR 13801, Apr. 1, 1982, as (2) Visible for at least 2 miles on a amended by CGD 83–028, 49 FR 33876, Aug. 27, clear dark night, and 1984] (3) One meter apart in a vertical line with the lower light at the same height § 89.3 General. above the water as the flashing yellow Vessels of special construction or light. purpose which cannot fully comply

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with the light, shape, and sound signal (ii) A description of the special func- provisions of the Inland Rules without tion of the vessel that would be inter- interfering with their special function fered with by full compliance with the may instead meet alternative require- provision of that Rule or Annex sec- ments. The Chief of the Marine Safety tion; and Division in each Coast Guard District (iii) A statement of how full compli- Office makes this determination and ance would interfere with the special requires that alternative compliance function of the vessel. be as close as possible with the Inland (6) A description of the alternative Rules. These regulations set out the installation that is in closest possible procedure by which a vessel may be compliance with the applicable Inland certified for alternative compliance. Navigation Rules Rule or Annex sec- The information collection and record- tion. keeping requirements in §§ 89.5 and (7) A copy of the vessel’s plans or an 89.18 have been approved by the Office accurate scale drawing that clearly of Management and Budget under OMB shows: control No. 1625–0019. (i) The required installation of the [CGD 80–157, 47 FR 13801, Apr. 1, 1982, as equipment under the Inland Rules, amended by USCG–2006–25150, 71 FR 39208, (ii) The proposed installation of the July 12, 2006] equipment for which certification is being sought, and § 89.5 Application for a Certificate of (iii) Any obstructions that may Alternative Compliance. interfere with the equipment when in- (a) The owner, builder, operator, or stalled in: agent of a vessel of special construc- (A) The required location; and tion or purpose who believes the vessel (B) The proposed location. cannot fully comply with the Inland (b) The Coast Guard may request Rules light, shape, or sound signal pro- from the applicant additional informa- visions without interference with its tion concerning the application. special function may apply for a deter- [CGD 80–157, 47 FR 13801, Apr. 1, 1982; 47 FR mination that alternative compliance 18332, Apr. 29, 1982] is justified. The application must be in writing, submitted to the Chief of the § 89.9 Certificate of Alternative Com- Marine Safety Division of the Coast pliance: Contents. Guard District in which the vessel is The Chief of the Marine Safety Divi- being built or operated, and include the sion issues the Certificate of Alter- following information: native Compliance to the vessel based (1) The name, address, and telephone on a determination that it cannot com- number of the applicant. ply fully with Inland Rules light, (2) The identification of the vessel by shape, and sound signal provisions its: without interference with its special (i) Official number; function. This Certificate includes: (ii) Shipyard hull number; (a) Identification of the vessel as sup- (iii) Hull identification number; or plied in the application under (iv) State number, if the vessel does § 89.5(a)(2); not have an official number or hull (b) The provision of the Inland Rules identification number. for which the Certificate authorizes al- (3) Vessel name and home port, if ternative compliance; known. (c) A certification that the vessel is (4) A description of the vessel’s area unable to comply fully with the Inland of operation. Rules light, shape, and sound signal re- (5) A description of the provision for quirements without interference with which the Certificate of Alternative its special function; Compliance is sought, including: (d) A statement of why full compli- (i) The Inland Rules Rule or Annex ance would interfere with the special section number for which the Certifi- function of the vessel; cate of Alternative Compliance is (e) The required alternative installa- sought; tion;

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(f) A statement that the required al- Rules 9(a)(ii), 14(d), 15(b), and 24(i) ternative installation is in the closest apply. possible compliance with the Inland [CGD 85–081, 51 FR 4592, Feb. 6, 1986] Rules without interfering with the special function of the vessel; § 89.23 Definitions. (g) The date of issuance; (h) A statement that the Certificate As used in this subpart: of Alternative Compliance terminates Inland Rules refers to the Inland when the vessel ceases to be usually Navigation Rules contained in the In- engaged in the operation for which the land Navigational Rules Act of 1980 certificate is issued. (Pub. L. 96–591, 33 U.S.C. 2001 et. seq.) and the technical annexes established § 89.17 Certificate of Alternative Com- under that Act. pliance: Termination. [CGD 83–028, 49 FR 33876, Aug. 27, 1984] The Certificate of Alternative Com- pliance terminates if the information § 89.25 Waters upon which Inland supplied under § 89.5(a) or the Certifi- Rules 9(a)(ii), 14(d), and 15(b) apply. cate issued under § 89.9 is no longer ap- Inland Rules 9(a)(ii), 14(d), and 15(b) plicable to the vessel. apply on the Great Lakes, the Western Rivers, and the following specified wa- § 89.18 Record of certification of ves- ters: sels of special construction or pur- (a) Tennessee-Tombigbee Waterway. pose. (b) Tombigbee River. (a) Copies of Certificates of Alter- (c) Black Warrior River. native Compliance and documentation (d) Alabama River. concerning Coast Guard vessels are (e) Coosa River. available for inspection at the offices (f) Mobile River above the Cochrane of Assistant Commandant for Marine Bridge at St. Louis Point. Safety, Security and Environmental (g) Flint River. Protection, U.S. Coast Guard Head- (h) Chattachoochee River. quarters, (CG–5), 2100 2nd St. SW., Stop (i) The Apalachicola River above its 7355, Washington, DC 20593–7355. confluence with the Jackson River. (b) The owner or operator of a vessel [CGD 91–050, 58 FR 27625, May 10, 1993] issued a Certificate shall ensure that the vessel does not operate unless the § 89.27 Waters upon which Inland Rule Certificate of Alternative Compliance 24(i) applies. or a certified copy of that Certificate is (a) Inland Rule 24(i) applies on the on board the vessel and available for Western Rivers and the specified wa- inspection by Coast Guard personnel. ters listed in § 89.25 (a) through (i). [CGD 80–187, 47 FR 13801, Apr. 1, 1982, as (b) Inland Rule 24(i) applies on the amended by CGD 88–052, 53 FR 25120, July 1, Gulf Intracoastal Waterway from St. 1988; CGD 96–026, 61 FR 33663, June 28, 1996; Marks, Florida, to the Rio Grande, CGD 97–023, 62 FR 33363, June 19, 1997; USCG– Texas, including the Morgan City-Port 2002–12471, 67 FR 41332, June 18, 2002; USCG– Allen Alternate Route and the Gal- 2010–0351, 75 FR 36281, June 25, 2010] veston-Freeport Cutoff, except that a power-driven vessel pushing ahead or Subpart B—Waters Upon Which towing alongside shall exhibit the Certain Inland Navigation lights required by Inland Rule 24(c), Rules Apply while transiting within the following areas: § 89.21 Purpose. (1) St. Andrews Bay from the Hatha- Inland Navigation Rules 9(a)(ii), way Fixed Bridge at Mile 284.6 East of 14(d), and 15(b) apply to the Great Harvey Locks (EHL) to the DuPont Lakes, and along with 24(i), apply on Fixed Bridge at Mile 295.4 EHL. the ‘‘Western Rivers’’ as defined in (2) Pensacola Bay, Santa Rosa Sound Rule 3(1), and to additional specifically and Big Lagoon from the Light ‘‘10’’ off designated waters. The purpose of this of Trout Point at Mile 176.9 EHL to the Subpart is to specify those additional Pensacola Fixed Bridge at Mile 189.1 waters upon which Inland Navigation EHL.

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(3) Mobile Bay and Bon Secour Bay 90.3 Pushing vessel and vessel being pushed: from the Dauphin Island Causeway Composite unit. Fixed Bridge at Mile 127.7 EHL to Lit- 90.5 Lights for moored vessels. tle Point Clear at Mile 140 EHL. 90.7 Sidelights for unmanned barges. (4) Mississippi Sound from Grand Is- AUTHORITY: 33 U.S.C. 2071; 49 CFR land Waterway Light ‘‘1’’ at Mile 53.8 1.46(n)(14). EHL to Light ‘‘40’’ off the West Point SOURCE: CGD 83–011, 48 FR 51622, Nov. 10, of Dauphin Island at Mile 118.7 EHL. 1983, unless otherwise noted. (5) The Mississippi River at New Orle- ans, Mississippi River-Gulf Outlet § 90.1 Purpose. Canal and the Inner Harbor Navigation Canal from the junction of the Harvey This part contains the interpretative Canal and the Algiers Alternate Route rules for the Inland Rules. These inter- at Mile 6.5 West of Harvey Locks pretative rules are intended as a guide (WHL) to the Michoud Canal at Mile 18 to assist the public and promote com- EHL. pliance with the Inland Rules. (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to § 90.3 Pushing vessel and vessel being pushed: Composite unit. the Ellender Lift Bridge at Mile 243.6 WHL. Rule 24(b) of the Inland Rules states (7) The Sabine Neches Canal from that when a pushing vessel and a vessel mile 262.5 WHL to mile 291.5 WHL. being pushed ahead are rigidly con- (8) Bolivar Roads from the Bolivar nected in a composite unit, they are re- Assembling Basin at Mile 346 WHL to garded as a power-driven vessel and the Galveston Causeway Bridge at Mile must exhibit the lights prescribed in 357.3 WHL. Rule 23. A ‘‘composite unit’’ is inter- (9) Freeport Harbor from Surfside preted to be the combination of a push- Beach Fixed Bridge at Mile 393.8 WHL ing vessel and a vessel being push to the Bryan Beach Pontoon Bridge at ahead that are rigidly connected by Mile 397.6 WHL. mechanical means so they react to sea (10) Matagorda Ship Channel area of and swell as one vessel. Mechanical Matagorda Bay from Range ‘‘K’’ Front means does not include lines, wires, Light at Mile 468.7 WHL to the Port hawsers, or chains. O’Connor Jetty at Mile 472.2 WHL. (11) Corpus Christi Bay from Redfish § 90.5 Lights for moored vessels. Bay Day Beacon ‘‘55’’ at Mile 537.4 A vessel at anchor includes a vessel WHL when in the Gulf Intracoastal Wa- made fast to one or more mooring terway main route or from the north buoys or other similar device attached end of Lydia Ann Island Mile 531.1A to the ocean floor. Such vessels may be when in the Gulf Intracoastal Water- lighted as a vessel at anchor in accord- way Alternate Route to Corpus Christi ance with Rule 30, or may be lighted on Bay LT 76 at Mile 543.7 WHL. the corners in accordance with 33 CFR (12) Port Isabel and Brownsville Ship 88.13. Channel south of the Padre Island Causeway Fixed Bridge at Mile 665.1 [CGD 94–011, 63 FR 5732, Feb. 4, 1998] WHL. § 90.7 Sidelights for unmanned barges. [CGD 91–050, 58 FR 27625, May 10, 1993] An unmanned barge being towed may use the exception of COLREGS Rule PART 90—INLAND RULES: 24(h). However, this exception only ap- INTERPRETATIVE RULES plies to the vertical sector requirements for sidelights. Sec. 90.1 Purpose. [CGD 94–011, 63 FR 5732, Feb. 4, 1998]

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PART 95—OPERATING A VESSEL jurisdiction of the United States, and WHILE UNDER THE INFLUENCE OF to a vessel owned in the United States ALCOHOL OR A DANGEROUS on the high seas. This includes a foreign vessel operated on waters subject DRUG to the jurisdiction of the United States. Sec. (b) This part is also applicable at all 95.001 Purpose. 95.005 Applicability. times to vessels inspected, or subject 95.010 Definition of terms as used in this to inspection, under Chapter 33 of Title part. 46 United States Code. 95.015 Operating a vessel. [CGD 84–099, 52 FR 47532, Dec. 14, 1987; CGD 95.020 Standard for under the influence of 84–009, 53 FR 13117, Apr. 21, 1988] alcohol or a dangerous drug. 95.025 Adoption of State blood alcohol concentration levels. § 95.010 Definition of terms as used in 95.030 Evidence of under the influence of al- this part. cohol or a dangerous drug. Alcohol means any form or derivative 95.035 Reasonable cause for directing a of ethyl alcohol (ethanol). chemical test. Alcohol concentration means either 95.040 Refusal to submit to testing. grams of alcohol per 100 milliliters of 95.045 General operating rules for vessels inspected, or subject to inspection, under blood, or grams of alcohol per 210 liters Chapter 33 of Title 46 United States Code. of breath. 95.050 Responsibility for compliance. Blood alcohol concentration level means a certain percentage of alcohol AUTHORITY: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of Homeland Security Delega- in the blood. tion No. 0170.1. Chemical test means a test which analyzes an individual’s breath, blood, SOURCE: CGD 84–099, 52 FR 47532, Dec. 14, urine, saliva and/or other bodily fluids 1987, unless otherwise noted. or tissues for evidence of drug or alco- § 95.001 Purpose. hol use. Controlled substance has the same (a) The purpose of this part is to es- meaning assigned by 21 U.S.C. 802 and tablish under the influence of alcohol includes all substances listed on Sched- or a dangerous drug standards under 46 ules I through V as they may be re- U.S.C. 2302 and to prescribe restrictions vised from time to time (21 CFR Part and responsibilities for personnel on 1308). vessels inspected, or subject to inspec- Drug means any substance (other tion, under Chapter 33 of Title 46 than alcohol) that has known mind or United States Code. This part does not function-altering effects on a person, pre-empt enforcement by a State of its specifically including any psychoactive applicable laws and regulations con- substance, and including, but not lim- cerning operating a recreational vessel ited to, controlled substances. while under the influence of alcohol or Intoxicant means any form of alcohol, a dangerous drug. drug or combination thereof. (b) Nothing in this part shall be con- Law enforcement officer means a Coast strued as limiting the authority of a Guard commissioned, warrant, or petty vessel’s marine employer to limit or officer; or any other law enforcement prohibit the use or possession of alco- officer authorized to obtain a chemical hol on board a vessel. test under Federal, State, or local law. [CGD 84–099, 52 FR 47532, Dec. 14, 1987, as Marine employer means the owner, amended by USCG–1998–4593, 66 FR 1862, Jan. managing operator, charterer, agent, 10, 2001] master, or person in charge of a vessel other than a recreational vessel. § 95.005 Applicability. Recreational vessel means a vessel (a) This part is applicable to a vessel meeting the definition in 46 U.S.C. (except those excluded by 46 U.S.C. 2101(25) that is then being used only for 2109) operated on waters subject to the pleasure.

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State means a State or Territory of percent or more, by weight, in their the United States of America including blood; but not limited to a State of the (b) The individual is operating a ves- United States, American Samoa, the sel other than a recreational vessel and Commonwealth of the Northern Mari- has an alcohol concentration of .04 per- anas Islands, District of Columbia, cent by weight or more in their blood; Guam, Puerto Rico, and the United or, States Virgin Islands. (c) The individual is operating any Under the influence means impaired vessel and the effect of the intoxi- or intoxicated by a drug or alcohol as cant(s) consumed by the individual on a matter of law. the person’s manner, disposition, Underway means that a vessel is not speech, muscular movement, general at anchor, or made fast to the shore, or appearance or behavior is apparent by aground. observation. Vessel includes every description of watercraft or other artificial contriv- [CGD 84–099, 52 FR 47532, Dec. 14, 1987; CGD ance used, or capable of being used, as 84–099, 53 FR 13117, April 21, 1988, as amended a means of transportation on water. by USCG–1998–4593, 66 FR 1862, Jan. 10, 2001] Vessel owned in the United States means any vessel documented or num- § 95.025 Adoption of State blood alco- bered under the laws of the United hol concentration levels. States; and, any vessel owned by a cit- (a) This section applies to operators izen of the United States that is not of recreational vessels on waters with- documented or numbered by any na- in the geographical boundaries of any tion. State that has established by statute a Waters subject to the jurisdiction of the blood alcohol concentration level for United States means those waters de- purposes of determining whether a per- scribed in § 2.38 of this chapter. son is operating a vessel under the in- [CGD 84–099, 52 FR 47532, Dec. 14, 1987; CGD fluence of alcohol. 84–099, 53 FR 13117, April 21, 1988, as amended (b) If the applicable State statute es- by USCG–1998–4593, 66 FR 1862, Jan. 10, 2001; tablishes a blood alcohol concentration USCG–2001–9044, 68 FR 42601, July 18, 2003] level at which a person is considered or presumed to be under the influence of § 95.015 Operating a vessel. alcohol, then that level applies within For purposes of this part, an indi- the geographical boundaries of that vidual is considered to be operating a State instead of the level provided in vessel when: § 95.020(a) of this part. (a) The individual has an essential (c) For the purposes of this part, a role in the operation of a recreational standard established by State statute vessel underway, including but not lim- and adopted under this section is appli- ited to navigation of the vessel or con- cable to the operation of any rec- trol of the vessel’s propulsion system. reational vessel on waters within the (b) The individual is a crewmember geographical boundaries of the State. (including an officer), pilot, or watchstander not a regular member of [CGD 84–099, 52 FR 47532, Dec. 14, 1987, as the crew, of a vessel other than a rec- amended by USCG–1998–4593, 66 FR 1862, Jan. reational vessel. 10, 2001] [CGD 84–099, 52 FR 47532, Dec. 14, 1987, as § 95.030 Evidence of under the influ- amended at USCG–2006–24371, 74 FR 11211, ence of alcohol or a dangerous Mar. 16, 2009] drug. § 95.020 Standard for under the influ- Acceptable evidence of when a vessel ence of alcohol or a dangerous operator is under the influence of alco- drug. hol or a dangerous drug includes, but is An individual is under the influence not limited to: of alcohol or a dangerous drug when: (a) Personal observation of an indi- (a) The individual is operating a rec- vidual’s manner, disposition, speech, reational vessel and has a Blood Alco- muscular movement, general appear- hol Concentration (BAC) level of .08 ance, or behavior; or,

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(b) A chemical test. § 95.045 General operating rules for vessels inspected, or subject to in- [CGD 84–099, 53 FR 13117, April 21, 1988; CGD spection, under Chapter 33 of Title 84–009, 53 FR 13117, Apr. 21, 1988, as amended 46 United States Code. by USCG–1998–4593, 66 FR 1862, Jan. 10, 2001] While on board a vessel inspected, or § 95.035 Reasonable cause for direct- subject to inspection, under Chapter 33 ing a chemical test. of Title 46 United States Code, a crewmember (including an officer), pilot, or (a) Only a law enforcement officer or watchstander not a regular member of a marine employer may direct an indi- the crew: vidual operating a vessel to undergo a (a) Shall not perform or attempt to chemical test when reasonable cause perform any scheduled duties within exists. Reasonable cause exists when: four hours of consuming any alcohol; (1) The individual was directly in- (b) Shall not be intoxicated at any volved in the occurrence of a marine time; casualty as defined in Chapter 61 of (c) Shall not consume any intoxicant Title 46, United States Code, or while on watch or duty; and (2) The individual is suspected of (d) May consume a legal non-pre- being in violation of the standards in scription or prescription drug provided §§ 95.020 or 95.025. the drug does not cause the individual (b) When an individual is directed to to be intoxicated. undergo a chemical test, the individual [CGD 84–099, 52 FR 47532, Dec. 14, 1987, as to be tested must be informed of that amended at USCG–2006–24371, 74 FR 11211, fact and directed to undergo a test as Mar. 16, 2009] soon as is practicable. § 95.050 Responsibility for compliance. (c) When practicable, a marine employer should base a determination of (a) The marine employer shall exer- the existence of reasonable cause, cise due diligence to assure compliance under paragraph (a)(2) of this section, with the applicable provisions of this part. on observation by two persons. (b) If the marine employer has reason [CGD 84–099, FR 47532, Dec. 14, 1987; CGD 84– to believe that an individual is intoxi- 099, 53 FR 13117, Apr. 1, 1988] cated, the marine employer shall not allow that individual to stand watch or § 95.040 Refusal to submit to testing. perform other duties. (a) If an individual refuses to submit to or cooperate in the administration PART 96—RULES FOR THE SAFE OP- of a timely chemical test when di- ERATION OF VESSELS AND SAFE- rected by a law enforcement officer TY MANAGEMENT SYSTEMS based on reasonable cause, evidence of the refusal is admissible in evidence in Subpart A—General any administrative proceeding and the Sec. individual will be presumed to be under 96.100 Purpose. the influence of alcohol or a dangerous 96.110 Who does this subpart apply to? drug. 96.120 Definitions. (b) If an individual refuses to submit 96.130 Incorporation by reference. to or cooperate in the administration Subpart B—Company and Vessel Safety of a timely chemical test when di- Management Systems rected by the marine employer based on reasonable cause, evidence of the re- 96.200 Purpose. fusal is admissible in evidence in any 96.210 Who does this subpart apply to? administrative proceeding. 96.220 What makes up a safety management system? [CGD 84–099, 52 FR 47532, Dec. 14, 1987, as 96.230 What objectives must a safety man- amended by USCG–1998–4593, 66 FR 1862, Jan. agement system meet? 10, 2001] 96.240 What functional requirements must a safety management system meet? 96.250 What documents and reports must a safety management system have?

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Subpart C—How Will Safety Management Subpart A—General Systems Be Certificated and Enforced? § 96.100 Purpose. 96.300 Purpose. 96.310 Who does this subpart apply to? This subpart implements Chapter IX 96.320 What is involved to complete a safety of the International Convention for the management audit and when is it re- Safety of Life at Sea (SOLAS), 1974, quired to be completed? International Management Code for 96.330 Document of Compliance certificate: the Safe Operation of Ships and for what is it and when is it needed? Pollution Prevention (International 96.340 Safety Management Certificate: what Safety Management (ISM) Code), as re- is it and when is it needed? quired by 46 U.S.C. Chapter 32. 96.350 Interim Document of Compliance certificate: what is it and when can it be NOTE: Chapter IX of SOLAS is available used? from the International Maritime Organiza- 96.360 Interim Safety Management Certifi- tion, Publication Section, 4 Albert Embank- ment, London, SE1 75R, United Kingdom, cate: what is it and when can it be used? Telex 23588. Please include document ref- 96.370 What are the requirements for vessels erence number ‘‘IMO–190E’’ in your request. of countries not party to Chapter IX of SOLAS? § 96.110 Who does this subpart apply 96.380 How will the Coast Guard handle to? compliance and enforcement of these regulations? This subpart applies to you if— 96.390 When will the Coast Guard deny (a) You are a responsible person who entry into a U.S. port? owns a U.S. vessel(s) and must comply with Chapter IX of SOLAS; Subpart D—Authorization of Recognized (b) You are a responsible person who Organizations To Act on Behalf of the U.S. owns a U.S. vessel(s) that is not required to comply with Chapter IX of 96.400 Purpose. SOLAS, but requests application of 96.410 Who does this regulation apply to? this subpart; 96.420 What authority may an organization (c) You are a responsible person who ask for under this regulation? 96.430 How does an organization submit a owns a foreign vessel(s) engaged on a request to be authorized? foreign voyage, bound for ports or 96.440 How will the Coast Guard decide places under the jurisdiction of the whether to approve an organization’s re- U.S., which must comply with Chapter quest to be authorized? IX of SOLAS; or 96.450 What happens if the Coast Guard dis- (d) You are a recognized organization approves an organization’s request to be applying for authorization to act on be- authorized? half of the U.S. to conduct safety man- 96.460 How will I know what the Coast agement audits and issue international Guard requires of my organization if my convention certificates. organization receives authorization? 96.470 How does the Coast Guard terminate § 96.120 Definitions. an organization’s authorization? (a) Unless otherwise stated in this 96.480 What is the status of a certificate if section, the definitions in Chapter IX, the issuing organization has its authority terminated? Regulation 1 of the International Con- 96.490 What further obligations exist for my vention for the Safety of Life at Sea organization if the Coast Guard termi- (SOLAS) apply to this part. nates its authorization? (b) As used in this part— 96.495 How can I appeal a decision made by Administration means the Govern- an authorized organization? ment of the State whose flag the ship is entitled to fly. AUTHORITY: 46 U.S.C. 3201 et. seq.; 46 U.S.C. 3103; 46 U.S.C. 3316, 33 U.S.C. 1231; 49 CFR Authorized Organization Acting on be- 1.45, 49 CFR 1.46. half of the U.S. means an organization that is recognized by the Commandant SOURCE: CGD 95–073, 62 FR 67506, Dec. 24, of the U.S. Coast Guard under the min- 1997, unless otherwise noted. imum standards of subparts A and B of EDITORIAL NOTE: Nomenclature changes to 46 CFR part 8, and has been authorized part 96 appear at 75 FR 36281, June 25, 2010. under this section to conduct certain

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actions and certifications on behalf of quirement of the ISM Code is also con- the United States. sidered a major non-conformity. Captain of the Port (COTP) means the Objective Evidence means quantitative U.S. Coast Guard officer as described in or qualitative information, records or 33 CFR 6.01–3, commanding a Captain statements of fact pertaining to safety of the Port zone described in 33 CFR or to the existence and implementation part 3, or that person’s authorized rep- of a safety management system ele- resentative. ment, which is based on observation, Commandant means the Commandant, measurement or test and which can be U.S. Coast Guard. verified. Company means the owner of a vessel, Officer In Charge, Marine Inspection or any other organization or person (OCMI) means the U.S. Coast Guard of- such as the manager or the bareboat ficer as described in 46 CFR 1.01–15(b), charterer of a vessel, who has assumed in charge of an inspection zone de- the responsibility for operation of the scribed in 33 CFR part 3, or that per- vessel from the shipowner and who on son’s authorized representative. assuming responsibility has agreed to Recognized organization means an or- take over all the duties and respon- ganization which has applied and been sibilities imposed by this part or the recognized by the Commandant of the ISM Code. Coast Guard to meet the minimum Designated person means a person or standards of 46 CFR part 8, subparts A persons designated in writing by the and B. responsible person who monitors the Responsible person means— safety management system of the com- (1) The owner of a vessel to whom pany and vessel and has: this part applies, or (2) Any other person that— (1) Direct access to communicate (i) has assumed the responsibility with the highest levels of the company from the owner for operation of the and with all management levels ashore vessel to which this part applies; and and aboard the company’s vessel(s); (ii) agreed to assume, with respect to (2) Responsibility to monitor the the vessel, responsibility for complying safety and environmental aspects of with all the requirements of this part. the operation of each vessel; and (3) A responsible person may be a (3) Responsibility to ensure there are company, firm, corporation, associa- adequate support and shore-based re- tion, partnership or individual. sources for vessel(s) operations. Safety management audit means a sys- Document of Compliance means a cer- tematic and independent examination tificate issued to a company or respon- to determine whether the safety man- sible person that complies with the re- agement system activities and related quirements of this part or the ISM results comply with planned arrange- Code. ments and whether these arrangements International Safety Management are implemented effectively and are (ISM) Code means the International suitable to achieve objectives. Management Code for the Safe Oper- Safety Management Certificate means a ation of Ships and Pollution Preven- document issued to a vessel which sig- tion, Chapter IX of the Annex to the nifies that the responsible person or its International Convention for the Safe- company, and the vessel’s shipboard ty of Life at Sea (SOLAS), 1974. management operate in accordance Non-conformity means an observed with the approved safety management situation where objective evidence in- system. dicates the non-fulfillment of a speci- Safety Management System means a fied requirement. structured and documented system en- Major non-conformity means an iden- abling Company and vessel personnel tifiable deviation which poses a serious to effectively implement the respon- threat to personnel or vessel safety or sible person’s safety and environmental a serious risk to the environment and protection policies. requires immediate corrective action; SOLAS means the International Con- in addition, the lack of effective and vention for the Safety of Life at Sea, systematic implementation of a re- 1974, as amended.

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Vessel engaged on a foreign voyage Behalf of the Administration, November means a vessel to which this part ap- 4, 1993—96.440 plies that is— [CGD 95–073, 62 FR 67506, Dec. 24, 1997, as (1) Arriving at a place under the ju- amended at 69 FR 18803, Apr. 9, 2004] risdiction of the United States from a place in a foreign country; Subpart B—Company and Vessel (2) Making a voyage between places Safety Management Systems outside the United States; or (3) Departing from a place under the § 96.200 Purpose. jurisdiction of the United States for a This subpart establishes the min- place in a foreign country. imum standards that the safety management system of a company and its § 96.130 Incorporation by reference. U.S. flag vessel(s) must meet for cer- (a) The Director of the Federal Reg- tification to comply with the require- ister approves certain material that is ments of 46 U.S.C. 3201–3205 and Chap- incorporated by reference into this sub- ter IX of SOLAS, 1974. It also permits part under 5 U.S.C. 552(a) and 1 CFR companies with U.S. flag vessels that part 51. To enforce any edition other are not required to comply with this than that specified in paragraph (b) of part to voluntarily develop safety man- this section, the Coast Guard must agement systems which can be certifi- publish notice of the change in the cated to standards consistent with FEDERAL REGISTER and the material Chapter IX of SOLAS. must be available to the public. You may inspect all material at the U.S. § 96.210 Who does this subpart apply Coast Guard, Office of Design and Engi- to? neering Standards (CG–521), 2100 2nd St. (a) This subpart applies— SW., Stop 7126, Washington, DC 20593– (1) To a responsible person who owns 7126, or at the National Archives and or operates a U.S. vessel(s) engaged on Records Administration (NARA), and a foreign voyage which meet the condi- receive it from the source listed in tions of paragraph (a)(2) of this section; paragraph (b) of this section. For infor- (2) To all U.S. vessels engaged on a mation on the availability of this ma- foreign voyage that are— terial at NARA, call 202–741–6030, or go (i) A vessel transporting more than 12 to: http://www.archives.gov/ passengers; or federallregister/ (ii) A tanker, a bulk freight vessel, a codeloflfederallregulations/ freight vessel or a self-propelled mobile ibrllocations.html. offshore drilling unit (MODU) of 500 (b) The material approved for incor- gross tons or more; and poration by reference in this subpart (3) To all foreign vessels engaged on a and the sections affected are as follows: foreign voyage, bound for ports or places under the jurisdiction of the American National Standards Institute (ANSI)— U.S., and subject to Chapter IX of 11 West 42nd St., New York, NY 10036. SOLAS. ANSI/ASQC Q9001–1994, Quality Systems— (b) This subpart does not apply to— Model for Quality Assurance in Design, (1) A barge; Development, Production, Installation, (2) A recreational vessel not engaged and Servicing, 1994—96.430 in commercial service; International Maritime Organization IMO—4 (3) A fishing vessel; Albert Embankment, London, SE1 7SR, (4) A vessel operating only on the United Kingdom. Great Lakes or its tributary and con- Resolution A.741(18), International Man- necting waters; or agement Code for the Safe Operation of (5) A public vessel, which includes a Ships and for Pollution Prevention, No- U.S. vessel of the National Defense Re- vember 4, 1993—96.220, 96.370 serve Fleet owned by the U.S. Mari- Resolution A.788 (19), Guidelines on Imple- mentation of the International Safety time Administration and operated in Management (ISM) Code by Administra- non-commercial service. tions, November 23, 1995—96.320, 96.440 (c) Any responsible person and their Resolution A.739(18), Guidelines for the Au- company who owns and operates a U.S. thorization of Organizations Acting on flag vessel(s) which does not meet the

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conditions of paragraph (a), may volun- national regulations, standards, codes tarily meet the standards of this part and maritime industry guidelines, and Chapter IX of SOLAS and have when developing procedures and poli- their safety management systems cer- cies for the safety management sys- tificated. tem. (d) The compliance date for the requirements of this part are— § 96.240 What functional requirements (1) On or after July 1, 1998, for— must a safety management system (i) Vessels transporting more than 12 meet? passengers engaged on a foreign voy- The functional requirements of a age; or safety management system must in- (ii) Tankers, bulk freight vessels, or clude— high speed freight vessels of at least 500 (a) A written statement from the re- gross tons or more, engaged on a for- sponsible person stating the company’s eign voyage. safety and environmental protection (2) On or after July 1, 2002, for other policy; freight vessels and self-propelled mo- (b) Instructions and procedures to bile offshore drilling units (MODUs) of provide direction for the safe operation at least 500 gross tons or more, engaged of the vessel and protection of the envi- on a foreign voyage. ronment in compliance with the appli- § 96.220 What makes up a safety man- cable U.S. Code of Federal Regulations, agement system? and international conventions to which the U.S. is a party (SOLAS, MARPOL, (a) The safety management system etc.); must document the responsible per- (c) Documents showing the levels of son’s— authority and lines of communication (1) Safety and pollution prevention between shoreside and shipboard per- policy; (2) Functional safety and operational sonnel; requirements; (d) Procedures for reporting acci- (3) Recordkeeping responsibilities; dents, near accidents, and non- and conformities with provisions of the (4) Reporting responsibilities. company’s and vessel’s safety manage- (b) A safety management system ment system, and the ISM Code; must also be consistent with the func- (e) Procedures to prepare for and re- tional standards and performance ele- spond to emergency situations by ments of IMO Resolution A.741(18). shoreside and shipboard personnel; (f) Procedures for internal audits on § 96.230 What objectives must a safety the operation of the company and ves- management system meet? sel(s) safety management system; and The safety management system (g) Procedures and processes for man- must: agement review of company internal (a) Provide for safe practices in ves- audit reports and correction of non- sel operation and a safe work environ- conformities that are reported by these ment onboard the type of vessel the or other reports. system is developed for; (b) Establish and implement safe- § 96.250 What documents and reports guards against all identified risks; must a safety management system (c) Establish and implement actions have? to continuously improve safety man- The documents and reports required agement skills of personnel ashore and for a safety management system under aboard vessels, including preparation § 96.330 or § 96.340 must include the writ- for emergencies related to both safety ten documents and reports itemized in and environmental protection; and Table 96.250. These documents and re- (d) Ensure compliance with manda- ports must be available to the com- tory rules and regulations, taking into pany’s shore-based and vessel(s)-based account relevant national and inter- personnel:

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TABLE 96.250—SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTS

Type of documents and reports Specific requirements

(a) Safety and environmental (1) Meet the objectives of § 96.230; and policy statements. (2) Are carried out and kept current at all levels of the company; (b) Company responsibilities (1) The owners name and details of responsibility for operation of the company and vessel(s); and authority statements. (2) Name of the person responsible for operation of the company and vessel(s), if not the owner; (3) Responsibility, authority and interrelations of all personnel who manage, perform, and verify work relating to and affecting the safety and pollution prevention operations of the company and vessel(s); and (4) A statement describing the company’s responsibility to ensure adequate resources and shore-based support are provided to enable the designated person or persons to carry out the responsibilities of this subpart. (c) Designation in writing of a (1) Have direct access to communicate with the highest levels of the company and with all person or persons to monitor management levels ashore and aboard the company’s vessel(s); the safety management sys- (2) Have the written responsibility to monitor the safety and environmental aspects of the oper- tem for the company and ation of each vessel; and vessel(s). (3) Have the written responsibility to ensure there are adequate support and shore-based resources for vessel(s) operations. (d) Written statements that de- (1) Carry out the company’s safety and environmental policies; fine the Master’s responsibil- (2) Motivate the vessel’s crew to observe the safety management system policies; ities and authorities. (3) Issue orders and instructions in a clear and simple manner; (4) Make sure that specific requirements are carried out by the vessel’s crew and shore-based resources; and (5) Review the safety management system and report non-conformities to shore-based management. (e) Written statements that the (1) Ability to make decisions about safety and environmental pollution; and Master has overriding re- (2) Ability to request the company’s help when necessary. sponsibility and authority to make vessel decisions. (f) Personnel procedures and (1) Masters of vessels are properly qualified for command; resources which are avail- (2) Masters of vessels know the company’s safety management system; able ashore and aboard ship.. (3) Owners or companies provide the necessary support so that the Master’s duties can be safely performed; (4) Each vessel is properly crewed with qualified, certificated and medically fit seafarers complying with national and international requirements; (5) New personnel and personnel transferred to new assignments involving safety and protection of the environment are properly introduced to their duties; (6) Personnel involved with the company’s safety management system have an adequate understanding of the relevant rules, regulations, codes and guidelines; (7) Needed training is identified to support the safety management system and ensure that the training is provided for all personnel concerned; (8) Communication of relevant procedures for the vessel’s personnel involved with the safety management system is in the language(s) understood by them; and (9) Personnel are able to communicate effectively when carrying out their duties as related to the safety management system. (g) Vessel safety and pollution (1) Define tasks; and prevention operation plans (2) Assign qualified personnel to specific tasks. and instructions for key shipboard operations.. (h) Emergency preparedness (1) Identify, describe and direct response to potential emergency shipboard situations; procedures.. (2) Set up programs for drills and exercises to prepare for emergency actions; and (3) Make sure that the company’s organization can respond at anytime, to hazards, accidents and emergency situations involving their vessel(s). (i) Reporting procedures on re- (1) Report non-conformities of the safety management system; quired actions.. (2) Report accidents; (3) Report hazardous situations to the owner or company; and (4) Make sure reported items are investigated and analyzed with the objective of improving safety and pollution prevention. (j) Vessel maintenance proce- (1) Inspect vessel’s equipment, hull, and machinery at appropriate intervals; dures. (These procedures (2) Report any non-conformity or deficiency with its possible cause, if known; verify that a company’s ves- (3) Take appropriate corrective actions; sel(s) is maintained in con- (4) Keep records of these activities; formity with the provisions of (5) Identify specific equipment and technical systems that may result in a hazardous situation relevant rules and regula- if a sudden operational failure occurs; tions, with any additional requirements which may be established by the company.). (6) Identify measures that promote the reliability of the equipment and technical systems identified in paragraph (j)(5), and regularly test standby arrangements and equipment or technical systems not in continuous use; and (7) Include the inspections required by this section into the vessel’s operational maintenance routine.

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TABLE 96.250—SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTS—Continued

Type of documents and reports Specific requirements

(k) Safety management system (1) Procedures which establish and maintain control of all documents and data relevant to the document and data mainte- safety management system. nance. (2) Documents are available at all relevant locations, i.e., each vessel carries on board all documents relevant to that vessels operation; (3) Changes to documents are reviewed and approved by authorized personnel; and (4) Outdated documents are promptly removed. (l) Safety management system (1) Periodic evaluation of the safety management system’s efficiency and review of the system internal audits which verify in accordance with the established procedures of the company, when needed; the safety and pollution pre- (2) Types and frequency of internal audits, when they are required, how they are reported, and vention activities. possible corrective actions, if necessary; (3) Determining factors for the selection of personnel, independent of the area being audited, to complete internal company and vessel audits; and (4) Communication and reporting of internal audit findings for critical management review and to ensure management personnel of the area audited take timely and corrective action on non-conformities or deficiencies found. Note: The documents and reports required by this part are for the purpose of promoting safety of life and property at sea, as well as protection of the environment. The documents and reports are intended to ensure the communication and understanding of company and vessel safety management systems, which will allow a measure of the systems effectiveness and its responsible person to continuously improve the system and safety the system provides.

Subpart C—How Will Safety Man- § 96.320 What is involved to complete a agement Systems Be Certifi- safety management audit and when is it required to be completed? cated and Enforced? (a) A safety management audit is any § 96.300 Purpose. of the following: (1) An initial audit which is carried This subpart establishes the stand- out before a Document of Compliance ards for the responsible person of a certificate or a Safety Management company and its vessel(s) to obtain the Certificate is issued; required and voluntary, national and (2) A renewal audit which is carried international certification for the com- out before the renewal of a Document pany’s and vessel’s safety management of Compliance certificate or a Safety system. Management Certificate; (3) Periodic audits including— § 96.310 Who does this subpart apply (i) An annual verification audit, as to? described in § 96.330(f) of this part, and This subpart applies: (ii) An intermediate verification (a) If you are a responsible person audit, as described in § 96.340(e)(2) of who owns a vessel(s) registered in the this part. U.S. and engaged on a foreign voy- (b) A satisfactory audit means that age(s), or holds certificates or endorse- the auditor(s) agrees that the requirement of such voyages; ments of this part are met, based on review and verification of the procedures (b) If you are a responsible person and documents that make up the safe- who owns a vessel(s) registered in the ty management system. U.S. and volunteer to meet the stand- (c) Actions required during safety ards of this part and Chapter IX of management audits for a company and SOLAS; their U.S. vessel(s) are— (c) To all foreign vessels engaged on (1) Review and verify the procedures a foreign voyage, bound for ports or and documents that make up a safety places under the jurisdiction of the management system, as defined in sub- U.S., and subject to Chapter IX of part B of this part. SOLAS; or (2) Make sure the audit complies with (d) If you are a recognized organiza- this subpart and is consistent with IMO tion authorized by the U.S. to complete Resolution A.788(19), Guidelines on Im- safety management audits and certifi- plementation of the International cation required by this part. Safety Management (ISM) Code by Ad- ministrations.

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(3) Make sure the audit is carried out § 96.330 Document of Compliance cer- by a team of Coast Guard auditors or tificate: what is it and when is it auditors assigned by a recognized orga- needed? nization authorized to complete such (a) You must hold a valid Document actions by subpart D of this part. of Compliance certificate if you are the (d) Safety management audits for a responsible person who, or company company and their U.S. vessel(s) are which, owns a U.S. vessel engaged on required— foreign voyages, carrying more than 12 (1) Before issuing or renewing a Doc- passengers, or is a tanker, bulk freight ument of Compliance certificate, and vessel, freight vessel, or a self-pro- to keep a Document of Compliance cer- pelled mobile offshore drilling unit of tificate valid, as described in §§ 96.330 500 gross tons or more. and 96.340 of this part. (b) You may voluntarily hold a valid (2) Before issuing or renewing a Safe- Document of Compliance certificate, if ty Management Certificate, and to you are a responsible person who, or a maintain the validity of a Safety Man- company which, owns a U.S. vessel not agement Certificate, as described in included in paragraph (a) of this sec- § 96.340 of this part. tion. However, any safety management audit (c) You will be issued a Document of for the purpose of verifying a vessel’s Compliance certificate only after you safety management system will not be complete a satisfactory safety manage- scheduled or conducted for a company’s ment audit as described in § 96.320 of U.S. vessel unless the company first this part. has undergone a safety management (d) All U.S. and foreign vessels that audit of the company’s safety manage- carry more than 12 passengers or a ment system, and has received its Doc- tanker, bulk freight vessel, freight ves- ument of Compliance certificate. sel, or a self-propelled mobile offshore (e) Requests for all safety manage- drilling unit of 500 gross tons or more, ment audits for a company and its U.S. must carry a valid copy of the com- vessel(s) must be communicated— pany’s Document of Compliance cer- (1) By a responsible person directly tificate onboard when on a foreign voy- to a recognized organization authorized age. by the U.S. (e) A valid Document of Compliance (2) By a responsible person within the certificate covers the type of vessel(s) time limits for an annual verification on which a company’s safety manage- audit, described in § 96.330(f) of this ment system initial safety manage- part, and for an intermediate ment audit was based. The validity of verification audit, described in the Document of Compliance certifi- § 96.340(e)(2) of this part. If he or she cate may be extended to cover addi- does not make a request for a safety tional types of vessels after a satisfac- management annual or verification tory safety management audit is com- audit for a valid Document of Compli- pleted on the company’s safety man- ance certificate issued to a company or agement system which includes those a valid Safety Management Certificate additional vessel types. issued to a vessel, this is cause for the (f) A Document of Compliance certifi- Coast Guard to revoke the certificate cate is valid for 60 months. The com- as described in §§ 96.330 and 96.340 of pany’s safety management system this part. must be verified annually by the Coast (f) If a non-conformity with a safety Guard or by an authorized organization management system is found during an acting on behalf of the U.S. through a audit, it must be reported in writing by safety management verification audit, the auditor: within three months before or after the (1) For a company’s safety manage- certificate’s anniversary date. ment system audit, to the company’s (g) Only the Coast Guard may revoke owner; and a Document of Compliance certificate (2) For a vessel’s safety management from a company which owns a U.S. ves- system audit, to the company’s owner sel. The Document of Compliance cer- and vessel’s Master. tificate may be revoked if—

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(1) The annual safety management 500 gross tons or more, when engaged audit and system verification required on foreign voyages or within U.S. wa- by paragraph (f) of this section is not ters. completed by the responsible person; or (e) A Safety Management Certificate (2) Major non-conformities are found is valid for 60 months. The validity of in the company’s safety management the Safety Management Certificate is system during a safety management based on— audit or other related survey or inspec- (1) A satisfactory initial safety man- tion being completed by the Coast agement audit; Guard or the recognized organization (2) A satisfactory intermediate chosen by the company or responsible verification audit requested by the ves- person. sel’s responsible person, completed be- (3) The Coast Guard or an authorized tween the 24th and 36th month of the organization acting on its behalf is de- certificate’s period of validity; and nied, or restricted access to, any ves- (3) A vessel’s company holding a sel, record or personnel of the company, at any time necessary to evalu- valid Document of Compliance certifi- ate the safety management system. cate. When a company’s Document of (h) When a company’s valid Docu- Compliance certificate expires or is re- ment of Compliance certificate is revoked, the Safety Management Certifi- voked by the Coast Guard, a satisfac- cate for the company-owned vessel(s) is tory safety management audit must be invalid. completed before a new Document of (f) Renewal of a Safety Management Compliance certificate for the com- Certificate requires the completion of a pany’s safety management system can satisfactory safety management sys- be reissued. tem audit which meets all of the requirements of subpart B in this part. A § 96.340 Safety Management Certifi- renewal of a Safety Management Cer- cate: what is it and when is it need- tificate cannot be started unless the ed? company which owns the vessel holds a (a) Your U.S. vessel engaged on a for- valid Document of Compliance certifi- eign voyage must hold a valid Safety cate. Management Certificate if it carries (g) Only the Coast Guard may revoke more than 12 passengers, or if it is a a Safety Management Certificate from tanker, bulk freight vessel, freight ves- a U.S. vessel. The Safety Management sel, or a self-propelled mobile offshore Certificate will be revoked if— drilling unit of 500 gross tons or more. (1) The vessel’s responsible person (b) Your U.S. vessel may voluntarily has not completed an intermediate hold a valid Safety Management Cer- safety management audit required by tificate even if your vessel is not re- paragraph (e)(2) of this section; or quired to by paragraph (a) of this sec- (2) Major non-conformities are found tion. in the vessel’s safety management sys- (c) Your U.S. vessel may only be tem during a safety management audit issued a Safety Management Certifi- or other related survey or inspection cate or have it renewed when your being completed by the Coast Guard or company holds a valid Document of the recognized organization chosen by Compliance certificate issued under the vessel’s responsible person. § 96.330 of this part and the vessel has completed a satisfactory safety man- [CGD 95–073, 62 FR 67506, Dec. 24, 1997, as agement audit of the vessel’s safety amended by USCG–1999–5832, 64 FR 34712, management system set out in § 96.320 June 29, 1999] of this part. (d) A copy of your vessel’s valid Safe- § 96.350 Interim Document of Compli- ty Management Certificate must be on ance certificate: what is it and board all U.S. and foreign vessels which when can it be used? carry more than 12 passengers, and (a) An Interim Document of Compli- must be on board a tanker, bulk freight ance certificate may be issued to help vessel, freight vessel, or a self-pro- set up a company’s safety management pelled mobile offshore drilling unit of system when—

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(1) A company is newly set up or in of the Interim Document of Compli- transition from an existing company ance certificate; into a new company; or (4) The Master and senior officers of (2) A new type of vessel is added to an the vessel are familiar with the safety existing safety management system management system and the planned and Document of Compliance certifi- set up arrangements; cate for a company. (5) Written documented instructions (b) A responsible person for a com- have been extracted from the safety pany operating a U.S. vessel(s) that management system and given to the meets the requirements of paragraph vessel prior to sailing; (a) of this section, may send a request (6) The company plans an internal to a recognized organization authorized audit of the vessel within three to act on behalf of the U.S. to receive months; and an Interim Document of Compliance certificate that is valid for a period up (7) The relevant information from the to 12 months. To be issued the Interim safety management system is written Document of Compliance certificate in English, and in any other language the vessel’s company must— understood by the vessel’s personnel. (1) Demonstrate to an auditor that § 96.370 What are the requirements for the company has a safety management vessels of countries not party to system that meets § 96.230 of this part; Chapter IX of SOLAS? and (2) Provide a plan for full implemen- (a) Each foreign vessel which carries tation of a safety management system more than 12 passengers, or is a tanker, within the period that the Interim Doc- bulk freight vessel, freight vessel, or ument of Compliance certificate is self-propelled mobile offshore drilling valid. unit of 500 gross tons or more, operated in U.S. waters, under the authority of a § 96.360 Interim Safety Management country not a party to Chapter IX of Certificate: what is it and when can SOLAS must— it be used? (1) Have on board valid documenta- (a) A responsible person may apply tion showing that the vessel’s company for an Interim Safety Management has a safety management system which Certificate when— was audited and assessed, consistent (1) A responsible person takes deliv- with the International Safety Manage- ery of a new U.S. vessel; or ment Code of IMO Resolution A.741(18); (2) Takes responsibility for the man- (2) Have on board valid documenta- agement of a U.S. vessel which is new tion from a vessel’s Flag Administra- to the responsible person or their com- tion showing that the vessel’s safety pany. management system was audited and (b) An Interim Safety Management assessed to be consistent with the Certificate is valid for 6 months. It International Safety Management Code may be issued to a U.S. vessel which of IMO Resolution A.741(18); or meets the conditions of paragraph (a) (3) Show that evidence of compliance of this section, when— was issued by either a government that (1) The company’s valid Document of is party to SOLAS or an organization Compliance certificate or Interim Doc- recognized to act on behalf of the ves- ument of Compliance certificate ap- sel’s Flag Administration. plies to that vessel type; (2) The company’s safety manage- (b) Evidence of compliance must con- ment system for the vessel includes the tain all of the information in, and have key elements of a safety management substantially the same format as a— system, set out in § 96.220, applicable to (1) Document of Compliance certifi- this new type of vessel; cate; and (3) The company’s safety manage- (2) Safety Management Certificate. ment system has been assessed during (c) Failure to comply with this sec- the safety management audit to issue tion will subject the vessel to the com- the Document of Compliance certifi- pliance and enforcement procedures of cate or demonstrated for the issuance § 96.380 of this part.

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§ 96.380 How will the Coast Guard § 96.390 When will the Coast Guard handle compliance and enforce- deny entry into a U.S. port? ment of these regulations? (a) Except for a foreign vessel enter- (a) While operating in waters under ing U.S. waters under force majeure, no the jurisdiction of the United States, vessel shall enter any port or terminal the Coast Guard may board a vessel to of the U.S. without a safety manage- determine that— ment system that has been properly (1) Valid copies of the company’s certificated to this subpart or to the Document of Compliance certificate requirements of Chapter IX of SOLAS and Safety Management Certificate are if— on board, or evidence of the same for (1) It is engaged on a foreign voyage; and vessels from countries not party to (2) It is carrying more than 12 pas- Chapter IX of SOLAS; and sengers, or a tanker, bulk freight ves- (2) The vessel’s crew or shore-based sel, freight vessel, or self-propelled mo- personnel are following the procedures bile offshore drilling unit of 500 gross and policies of the safety management tons or more. system while operating the vessel or (b) The cognizant COTP will deny transferring cargoes. entry of a vessel into a port or ter- (b) A foreign vessel that does not minal under the authority of 46 U.S.C. comply with these regulations, or one 3204(c), to any vessel that does not on which the vessel’s condition or use meet the requirements of paragraph (a) of its safety management system do of this section. not substantially agree with the particulars of the Document of Compli- Subpart D—Authorization of Rec- ance certificate, Safety Management ognized Organizations To Act Certificate or other required evidence on Behalf of the U.S. of compliance, may be detained by order of the COTP or OCMI. This may § 96.400 Purpose. occur at the port or terminal where the (a) This subpart establishes criteria violation is found until, in the opinion and procedures for organizations recog- of the detaining authority, the vessel nized under 46 CFR part 8, subparts A can go to sea without presenting an un- and B, to be authorized by the Coast reasonable threat of harm to the port, Guard to act on behalf of the U.S. The the marine environment, the vessel or authorization is necessary in order for its crew. The detention order may a recognized organization to perform allow the vessel to go to another area safety management audits and certifi- of the port, if needed, rather than stay cation functions delegated by the Coast at the place where the violation was Guard as described in this part. found. (b) To receive an up-to-date list of (c) If any vessel that must comply recognized organizations authorized to with this part or with the ISM Code act under this subpart, send a self-ad- does not have a Safety Management dressed, stamped envelope and written Certificate and a copy of its company’s request to the Commandant (CG–521), Document of Compliance certificate on 2100 2nd St., SW., Stop 7126, Wash- board, a vessel owner, charterer, man- ington, DC 20593–7126. aging operator, agent, Master, or any § 96.410 Who does this regulation other individual in charge of the vessel apply to? that is subject to this part, may be lia- This subpart applies to all organiza- ble for a civil penalty under 46 U.S.C. tions recognized by the U.S. under 46 3318. For foreign vessels, the Coast CFR part 8, subpart A and B, who wish Guard may request the Secretary of to seek authorization to conduct safety the Treasury to withhold or revoke the management audits and issue relevant clearance required by 46 U.S.C. App. 91. international safety certificates under The Coast Guard may ask the Sec- the provisions of the ISM Code and vol- retary to permit the vessel’s departure untary certificates on behalf of the after the bond or other surety is filed. U.S.

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§ 96.420 What authority may an organi- authorization under this part, it must zation ask for under this regula- demonstrate the reciprocity required tion? by 46 U.S.C. 3316 for ISM Code certifi- (a) An organization may request au- cation. The organization must provide, thorization to conduct safety manage- with its request for authorization an ment audits and to issue the following affidavit from the government of the certificates: country in which the classification so- (1) Safety Management Certificate; ciety is headquartered. This affidavit (2) Document of Compliance certifi- must provide a list of authorized dele- cate; gations by the flag state of the admin- (3) Interim Safety Management Cer- istration of the foreign classification tificate; and society’s country to the American Bu- (4) Interim Document of Compliance reau of Shipping, and indicate any con- certificate. ditions related to the delegated author- (b) [Reserved] ity. If this affidavit is not received with a request for authorization from a § 96.430 How does an organization sub- foreign classification society, the remit a request to be authorized? quest for authorization will be dis- (a) A recognized organization must approved and returned by the Coast send a written request for authoriza- Guard. tion to the Commandant (CG–521), Of- (c) Upon the satisfactory completion fice of Design and Engineering Stand- of the Coast Guard’s evaluation of a re- ards, 2100 2nd St. SW., Stop 7126, Wash- quest for authorization, the organiza- ington, DC 20593–7126. The request must tion will be visited for an evaluation as include the following: described in § 96.440(b) of this part. (1) A statement describing what type of authorization the organization § 96.440 How will the Coast Guard de- seeks; cide whether to approve an organi- (2) Documents showing that— zation’s request to be authorized? (i) The organization has an internal (a) First, the Coast Guard will evalu- quality system with written policies, ate the organization’s request for au- procedures and processes that meet the thorization and supporting written ma- requirements in § 96.440 of this part for terials, looking for evidence of the fol- safety management auditing and cer- lowing— tification; or (1) The organization’s clear assign- (ii) The organization has an internal ment of management duties; quality system based on ANSI/ASQC (2) Ethical standards for managers C9001 for safety management auditing and auditors; and certification; or (3) Procedures for auditor training, (iii) The organization has an equiva- qualification, certification, and re- lent internal quality standard system qualification that are consistent with recognized by the Coast Guard to com- recognized industry standards; plete safety management audits and (4) Procedures for auditing safety certification. management systems that are con- (3) A list of the organization’s exclu- sistent with recognized industry stand- sive auditors qualified to complete ards and IMO Resolution A.788(19); safety management audits and their (5) Acceptable standards for internal operational area; and auditing and management review; (4) A written statement that the pro- (6) Record-keeping standards for safe- cedures and records of the recognized ty management auditing and certifi- organization regarding its actions in- cation; volving safety management system au- (7) Methods for reporting non- dits and certification are available for conformities and recording completion review annually and at any time of remedial actions; deemed necessary by the Coast Guard. (8) Methods for certifying safety (b) If the organization is a foreign management systems; classification society that has been (9) Methods for periodic and inter- recognized under 46 CFR part 8, sub- mediate audits of safety management parts A and B, and wishes to apply for systems;

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(10) Methods for renewal audits of § 96.470 How does the Coast Guard ter- safety management systems; minate an organization’s authoriza- (11) Methods for handling appeals; tion? and At least every 12 months, the Coast (12) Overall procedures consistent Guard evaluates organizations author- with IMO Resolution A.739(18), ‘‘Guide- ized under this subpart. If an organiza- lines for the Authorization of Organiza- tion fails to maintain acceptable tions Acting on Behalf of the Adminis- standards, the Coast Guard may termi- tration.’’ nate that organization’s authorization, (b) After a favorable evaluation of remove the organization from the Com- the organization’s written request, the mandant’s list of recognized organiza- Coast Guard will arrange to visit the tions, and further evaluate the organi- organization’s corporate offices and zation’s recognition under 46 CFR part port offices for an on-site evaluation of operations. 8. (c) When a request is approved, the § 96.480 What is the status of a certifi- recognized organization and the Coast cate if the issuing organization has Guard will enter into a written agree- its authority terminated? ment. This agreement will define the scope, terms, conditions and require- Any certificate issued by an organi- ments of the authorization. Conditions zation authorized by the Coast Guard of this agreement are found in § 96.460 whose authorization is later termi- of this part. nated remains valid until— (a) Its original expiration date, § 96.450 What happens if the Coast (b) The date of the next periodic Guard disapproves an organiza- audit required to maintain the certifi- tion’s request to be authorized? cate’s validity, or (a) The Coast Guard will write to the (c) Whichever of paragraphs (a) or (b) organization explaining why it did not occurs first. meet the criteria for authorization. (b) The organization may then cor- § 96.490 What further obligations exist rect the deficiencies and reapply. for an organization if the Coast Guard terminates its authorization? § 96.460 How will I know what the The written agreement by which an Coast Guard requires of my organi- organization receives authorization zation if my organization receives authorization? from the Coast Guard places it under certain obligations if the Coast Guard (a) Your organization will enter into revokes that authorization. The orga- a written agreement with the Coast nization agrees to send written notice Guard. This written agreement will of its termination to all responsible specify— persons, companies and vessels that (1) How long the authorization is have received certificates from the or- valid; ganization. In that notice, the organi- (2) Which duties and responsibilities zation must include— the organization may perform, and which certificates it may issue on be- (a) A written statement explaining half of the U.S.; why the organization’s authorization (3) Reports and information the orga- was terminated by the Coast Guard; nization must send to the Commandant (b) An explanation of the status of (CG-543); issued certificates; (4) Actions the organization must (c) A current list of organizations au- take to renew the agreement when it thorized by the Coast Guard to conduct expires; and safety management audits; and (5) Actions the organization must (d) A statement of what the compa- take if the Coast Guard should revoke nies and vessels must do to have their its authorization or recognition under safety management systems trans- 46 CFR part 8. ferred to another organization author- (b) [Reserved] ized to act on behalf of the U.S.

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§ 96.495 How can I appeal a decision Washington, DC 20593–7126. You must made by an authorized organiza- make your appeal in writing, including tion? any documentation and evidence you (a) A responsible person may appeal a wish to be considered. You may ask the decision made by an authorized organi- Commandant (CG-543), 2100 2nd Street, zation by mailing or delivering to the SW., Stop 7126, Washington, DC 20593– organization a written request for re- 7126to stay the effect of the appealed consideration. Within 30 days of receiv- decision while it is under review. ing your request, the authorized orga- (c) The Commandant (CG-543), 2100 nization must rule on it and send you a 2nd Street, SW., Stop 7126, Washington, written response. They must also send DC 20593–7126 will make a decision on a copy of their response to the Com- your appeal and send you a response in mandant (CG-543), 2100 2nd Street, SW., writing. That decision will be the final Stop 7126, Washington, DC 20593–7126. Coast Guard action on your request. (b) If you are not satisfied with the organization’s decision, you may ap- [CGD 95–073, 62 FR 67506, Dec. 24, 1997, as peal directly to the Commandant (CG- amended by USCG–2011–0257, 76 FR 31836, 543), 2100 2nd Street, SW., Stop 7126, June 2, 2011]

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PART 100—SAFETY OF LIFE ON 100.732 Annual River Race Augusta; Savan- nah River, Augusta, GA. NAVIGABLE WATERS 100.734 Annual Gasparilla Marine Parade; Hillsborough Bay, Tampa, FL. Sec. 100.736 Annual Fort Myers Beach air show; 100.01 Purpose and intent. Fort Myers Beach, FL. 100.05 Definition of terms used in this part. 100.740 Annual Offshore Super Series Boat 100.10 Coast Guard-State agreements. Race; Fort Myers Beach, FL. 100.15 Submission of application. 100.801 Annual Marine Events in the Eighth 100.20 Action on application for event as- Coast Guard District. signed to State regulation by Coast 100.901 Great Lakes annual marine events. Guard-State agreement. 100.902 Special Local Regulations; Annual 100.25 Action on application for event not Bayview Mackinac Race. assigned to State regulation by Coast 100.903 Harborfest Dragon Boat Race; South Guard-State agreement. Haven, MI. 100.30 Approval required for holding event. 100.904 Celebrate Americafest, Green Bay, 100.35 Special local regulations. WI. 100.35T01–0100 Special Local Regulation; 100.905 Door County Triathlon; Door Coun- War of 1812 Bicentennial Commemora- ty, WI. tion, Port of Boston, Massachusetts. 100.906 Haven Coast Guard Festival 100.40 Patrol of the regatta or marine pa- Waterski Show, Grand Haven, MI. rade. 100.907 Milwaukee River Challenge; Mil- 100.45 Establishment of aids to navigation. waukee, WI. 100.100 Special Local Regulations; Regattas 100.908 Charlevoix Venetian Night Boat Pa- and Boat Races in the Coast Guard Sec- rade; Charlevoix, MI. tor Long Island Sound Captain of the 100.909 Chinatown Chamber of Commerce Port Zone. Dragon Boat Race; Chicago, IL. 100.114 Fireworks displays within the First 100.910 Southland Regatta; Blue Island, IL. Coast Guard District. 100.911 Bay City Airshow, Bay City, MI. 100.119 Newport-Bermuda Regatta, Narra- 100.912 Detroit Belle Isle Grand Prix, De- gansett Bay, Newport, RI. troit, MI. 100.120 Special Local Regulations; Marine 100.913 ACORA Garwood Classic Offshore Events Held in the Coast Guard Sector Race, Algonac, MI. Northern New England Captain of the 100.914 Trenton Rotary Roar on the River, Port Zone. Trenton, MI. 100.130 Special Local Regulations; Recur- 100.915 St. Clair River Classic Offshore ring Annual Marine Events in Sector Race, St. Clair, MI. Boston Captain of the Port Zone. 100.916 Chris Craft Silver Cup Races, 100.150 Special Local Regulations; Marine Algonac, MI. Events in the Coast Guard Sector New 100.917 The Old Club Cannonade, Harsens Is- York Captain of the Port Zone. land, MI. 100.501 Special Local Regulations; Marine 100.918 Detroit APBA Gold Cup, Detroit, MI. Events in the Fifth Coast Guard District. 100.919 International Bay City River Roar, 100.701 Special Local Regulations; Marine Bay City, MI. Events in the Seventh Coast Guard Dis- 100.920 Tug Across the River, Detroit, MI. trict. 100.1101 Southern California annual marine 100.713 Annual Harborwalk Boat Race; events for the San Diego Captain of the Sampit River, Georgetown, SC. Port Zone. 100.717 Annual Fort Myers Beach Offshore 100.1102 Annual marine events on the Colo- Grand Prix; Fort Myers, FL. rado River, between Davis Dam (Bull- 100.718 Annual Suncoast Kilo Run; Sarasota head City, Arizona) and Headgate Dam Bay, Sarasota, FL. (Parker, Arizona) within the San Diego 100.719 Annual Suncoast Offshore Challenge; Captain of the Port Zone. Gulf of Mexico, Sarasota, FL. 100.1103 Northern California and Lake 100.720 Annual Suncoast Offshore Grand Tahoe area annual marine events. Prix; Gulf of Mexico, Sarasota, FL. 100.1104 Southern California annual marine 100.724 Annual Augusta Invitational Rowing events for the Los Angeles Long Beach Regatta; Savannah River, Augusta, GA. Captain of the Port Zone. 100.728 Special Local Regulations; Hurri- 100.1105 San Francisco Bay Navy Fleetweek cane Offshore Classic, St. Petersburg, Parade of Ships and Blue Angels Dem- FL. onstration. 100.729 Columbus Day Regatta, Biscayne 100.1301 Seattle Seafair Unlimited Hydro- Bay, Miami, FL. plane Race.

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100.1302 Special Local Regulation, Annual 3 of this chapter for the geographical Dragon Boat Races, Portland, Oregon. boundaries of Coast Guard Districts.) 100.1303 Annual Kennewick, Washington, (d) State authority means any official Columbia Unlimited Hydroplane Races. or agency of a State having power 100.1304 Annual Seattle Yacht Club’s under the law of such State to regulate ‘‘Opening Day’’ Marine Parade. regattas or marine parades on waters 100.1305 Richland, Washington, west coast outboard championship hydro races. over which such State has jurisdiction. 100.1306 National Maritime Week Tugboat (e) Navigable waters of the United Races, Seattle, WA. States means those waters described in 100.1307 Special Local Regulations, Strait § 2.36(a) of this chapter, specifically in- Thunder Performance, Port Angeles, WA. cluding the waters described in 100.1308 Special Local Regulation; Hydro- § 2.22(a)(2) of this chapter. plane Races within the Captain of the [CGFR 63–22, 28 FR 5155, May 23, 1963, as Port Puget Sound Area of Responsibility. amended by CGD 75–098, 40 FR 49327, Oct. 22, 100.1309 Special Local Regulation; Olympia 1975; USCG–2001–9044, 68 FR 42602, July 18, Harbor Days Tug Boat Races, Budd Inlet, 2003] WA.

AUTHORITY: 33 U.S.C. 1233 § 100.10 Coast Guard-State agreements. SOURCE: CGFR 63–22, 28 FR 5155, May 23, 1963, unless otherwise noted. (a) The District Commander is authorized to enter into agreements with § 100.01 Purpose and intent. State authorities permitting, regulation by the State of such classes of re- (a) The purpose of the regulations in gatta or marine parade on the navi- this part is to provide effective control gable waters of the United States as, in over regattas and marine parades con- the opinion of the District Commander, ducted on the navigable waters of the the State is able to regulate in such a United States so as to insure safety of manner as to insure safety of life. All life in the regatta or marine parade such agreements shall reserve to the area. District Commander the right to regu- (b) Geographic coordinates expressed late any particular regatta or marine in terms of latitude or longitude, or parade when he or she deems such ac- both, are not intended for plotting on tion to be in the public interest. maps or charts whose referenced horizontal datum is the North American [CGFR 63–22, 28 FR 5155, May 23, 1963, as Datum of 1983 (NAD 83), unless such ge- amended by USCG–2003–15404, 68 FR 37740, June 25, 2003] ographic coordinates are expressly la- beled NAD 83. Geographic coordinates § 100.15 Submission of application. without the NAD 83 reference may be (a) An individual or organization plotted on maps or charts referenced to planning to hold a regatta or marine NAD 83 only after application of the parade which, by its nature, cir- appropriate corrections that are pub- cumstances or location, will introduce lished on the particular map or chart extra or unusual hazards to the safety being used. of life on the navigable waters of the [CGFR 63–22, 28 FR 5155, May 23, 1963, as United States, shall submit an applica- amended by CGD 86–082, 52 FR 33811, Sept. 8, tion to the Coast Guard District Com- 1987] mander having cognizance of the area where it is intended to hold such re- § 100.05 Definition of terms used in gatta or marine parade. Examples of this part. conditions which are deemed to intro- (a) Regatta or marine parade means an duce extra or unusual hazards to the organized water event of limited dura- safety of life include but are not lim- tion which is conducted according to a ited to: An inherently hazardous com- prearranged schedule. petition, the customary presence of (b) [Reserved] commercial or pleasure craft in the (c) District Commander means the area, any obstruction of navigable Commander of the Coast Guard Dis- channel which may reasonably be ex- trict in which the regatta or marine pected to result, and the expected accu- parade is intended to be held. (See Part mulation of spectator craft.

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(b) Where such events are to be held § 100.20 Action on application for regularly or repeatedly in a single area event assigned to State regulation by an individual or organization, the by Coast Guard-State agreement. Commandant or the District Com- (a) Upon receipt of an application for mander may, subject to conditions set a regatta or marine parade of a type from time to time by him or her, grant assigned to a State for regulation a permit for such series of events for a under a Coast Guard-State agreement, fixed period of time, not to exceed one year. the District Commander will forward (c) The application must be sub- the application to the State authority mitted no less than 135 days before the having cognizance of the event. Fur- start of the proposed event. However, if ther processing and decision upon such all of the following criteria are met, an application shall be conducted by the application must be submitted no the State. less than 60 days before the start of the (b) [Reserved] proposed event: (1) The sponsor submitted an applica- § 100.25 Action on application for tion for the event in the year imme- event not assigned to State regula- diately preceding. tion by Coast Guard-State agreement. (2) The nature, location, scheduling, and other relevant information con- (a) Where an event is one of a type tained in the previous application are not assigned to the State for regula- essentially the same. tion under a Coast Guard-State agree- (3) The Coast Guard received no ob- ment (or where no such agreement has jection to the previous application. been entered), the Commander of a (4) The Coast Guard did not promul- Coast Guard District who receives an gate special local regulations for the application for a proposed regatta or previous event. marine parade to be held upon the nav- (5) The Coast Guard approved the igable waters of the United States previous event. within his or her district shall take the (d) The application shall include the following action: following details: (1) He or she shall determine whether (1) Name and address of sponsoring the proposed regatta or marine parade organization. may be held in the proposed location (2) Name, address, and telephone of with safety of life. To assist in his or person or persons in charge of the her determination, he or she may, if he event. or she deems it necessary, hold a public (3) Nature and purpose of the event. hearing to obtain the views of all per- (4) Information as to general public sons interested in, or who will be af- interest. fected by, the regatta or marine pa- (5) Estimated number and types of rade. watercraft participating in the event. (2) He or she will notify the indi- (6) Estimated number and types of vidual or organization which submitted spectator watercraft. the application: (7) Number of boats being furnished (i) That the application is approved, by sponsoring organizations to patrol and the nature of the special local reg- event. ulations, if any, which he or she will (8) A time schedule and description of promulgate pursuant to § 100.35; or events. (ii) That the interest of safety of life (9) A section of a chart or scale drawing showing the boundaries of the on the navigable waters of the United event, various water courses or areas States requires specific change or to be utilized by participants, officials, changes in the application before it can and spectator craft. be approved; or (iii) That the event requires no regu- [CGFR 63–22, 28 FR 5155, May 23, 1963 as lation or patrol of the regatta or ma- amended by CGD 95–054, 66 FR 1582, Jan. 9, 2001; CGD 95–059, 66 FR 9659, Feb. 9, 2001; rine parade area; or USCG–2003–15404, 68 FR 37740, June 25, 2003]

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(iv) That the application is not ap- of section 1 of the act of April 28, 1908, proved, with reasons for such dis- as amended (33 U.S.C. 1233). approval. [USCG–2009–0416, 74 FR 27438, June 10, 2009] [CGFR 63–22, 28 FR 5155, May 23, 1963, as amended by USCG–2003–15404, 68 FR 37740, § 100.35T01–0100 Special Local Regula- tion; War of 1812 Bicentennial Com- June 25, 2003] memoration, Port of Boston, Massa- chusetts. § 100.30 Approval required for holding event. (a) Location: This special local regulation establishes a regulated area to (a) An event for which application is include all waters west of a line drawn required under § 100.15(a) shall be held from position 42°20′21″ N, 71°00′37″ W, only after approval of such event by the monument at Castle Island, to po- the District Commander, except that sition 42°20′45″ N, 71°00′29″ W, the Logan applications referred to a State under Airport Security Zone Buoy ‘‘24’’ and § 100.10 shall be governed by the laws of then position 42°20′48″ N, 71°00′27″ W, a that State. point of land, including the Reserved Channel to position 42°20′34″ N, 71°02′11″ § 100.35 Special local regulations. W, the Summer Street retractile (a) The Commander of a Coast Guard bridge, the Charles River to position District or Captain of the Port (COTP) 42°22′07″ N, 71°03′40″ W, the Gridley as authorized by 33 CFR 1.05–1(i), after Locks at the Charles River Dam, the approving plans for the holding of a re- Mystic River to position 42°23′22″ N, ° ′ ″ gatta or marine parade within his or 71 04 16 W, the Alford Street Bridge her district or zone, is authorized to and the Chelsea River to position ° ′ ″ ° ′ ″ promulgate such special local regula- 42 23 09 N, 71 02 21 W the McArdle Bridge. tions as he or she deems necessary to (b) Special Local Regulations. insure safety of life on the navigable (1) During the effective period, vessel waters immediately prior to, during, operators transiting through the regu- and immediately after the approved related area shall proceed in a counter- gatta or marine parade. Such regula- clockwise direction at no wake speeds tions may include a restriction on, or not to exceed five knots, unless other- control of, the movement of vessels wise authorized by the Captain of the through a specified area immediately Port. prior to, during, and immediately after (2) Vessel operators shall comply the regatta or marine parade. with the instructions of on-scene Coast (b) The Commander of a Coast Guard Guard patrol personnel. On-scene Coast District or COTP as authorized by 33 Guard patrol personnel include com- CFR 1.05–1(i), after approving plans for missioned, warrant, and petty officers the holding of a regatta or marine pa- of the Coast Guard onboard Coast rade upon the navigable waters within Guard, Coast Guard Auxiliary, local, his or her district or zone, and promul- state, and federal law enforcement ves- gating special regulations thereto, sels. must give the public full and adequate (3) From 9 a.m. on June 29, 2012 notice of the dates of the regatta or through 6 p.m. on July 6, 2012 vessel marine parade, together with full and control measures will be implemented. The traffic pattern will be in a counter- complete information of the special clockwise rotation, such that all ves- local regulations, if there be such. sels shall stay generally as far to the Such notice should be published in the starboard side of the channel as is safe local notices to mariners. and practicable. (c) The special local regulations re- (4) To facilitate commercial ferry ferred to in paragraph (a) of this sec- traffic with minimal disruption, com- tion, when issued and published by the mercial ferries within the regulated Commander of a Coast Guard District area, moving between stops on their or COTP as authorized by 33 CFR 1.05– normal routes, will be exempt from the 1(i), must have the status of regula- mandatory counterclockwise traffic tions issued pursuant to the provisions pattern. This exemption does not give

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ferries navigational precedence or in she deems the needs of safety require, any way alter their responsibilities one or more Coast Guard vessels to pa- under the Rules of the Road or any trol the course of the regatta or marine other pertinent regulations. parade for the purpose of enforcing not (5) Vessel operators transiting the only the special local regulations but waterway between the Fish Pier and also for assistance work and the en- World Trade Center must enter and forcement of laws generally. keep to the starboard side of the chan- (b) The Commander of a Coast Guard nel, proceeding as directed by on-scene District may also utilize any private Coast Guard patrol personnel. Vessel vessel or vessels to enforce the special traffic shall move in a counter- local regulations governing a regatta clockwise direction around a turning or marine parade provided such vessel point as marked by an appropriate on- or vessels have been placed at the dis- scene patrol vessel. position of the Coast Guard pursuant (6) Vessel operators transiting the to section 826 in Title 14, U.S. Code, for regulated area must maintain at least such purpose by any member of the twenty five (25) yard safe distance from Coast Guard Auxiliary, or any corpora- all official War of 1812 event partici- tion, partnership, or association, or by pants, all U.S. military vessels under any State or political subdivision 100 feet, and all foreign military ves- thereof. Any private vessel so utilized sels, and must make way for all deep shall have on board an officer or petty draft vessel traffic underway in the officer of the Coast Guard who shall be regulated area. in charge of the vessel during the de- (7) When a vessel greater than 125 tail and responsible for the law en- feet enters the waterway between the forcement activities or assistance work World Trade Center and the Fish Pier performed by the vessel during such de- and inside the Reserved Channel, no tail. Any private vessel so utilized will other vessel will be allowed to enter display the Coast Guard ensign while until that vessel departs that area un- engaged in this duty. less authorized by the on-scene Patrol (c) The Commander of a Coast Guard Commander. District may also utilize any private (8) From 10 p.m. through 8 a.m. daily, while regulated area is in effect, only vessel or vessels placed at the disposi- vessels which are tenants within the tion of the Coast Guard pursuant to channels of the World Trade Center, section 826 in Title 14, U.S. Code, by Fish Pier and Reserved Channel will be any member of the Coast Guard Auxil- authorized access. iary, or any corporation, partnership, (9) The Captain of the Port (COTP) or association, or by any State or po- may control the movement of all ves- litical subdivision thereof, to patrol sels operating on the navigable waters the course of the regatta or marine pa- of Boston Harbor when the COTP has rade for the purpose of promoting safe- determined that such orders are justi- ty by performing assistance work, ef- fied in the interest of safety by reason fecting rescues, and directing the of weather, visibility, sea conditions, movement of vessels in the vicinity of temporary port congestion, and other the regatta or marine parade. Vessels temporary hazards circumstance. utilized under the authority of this (c) Effective period. This regulation is paragraph are not authorized to en- effective from 9 a.m. on June 29, 2012 force the special local regulations or through 6 p.m. on July 6, 2012. laws generally.

EFFECTIVE DATE NOTE: By USCG–2012–0100, [CGFR 63–22, 28 FR 5155, May 23, 1963, as 77 FR 35842, June 15, 2012, § 100.35T01–0100 was amended by CGFR 65–32, 30 FR 8518, July 3, added, effective from 9 a.m. on June 29, 2012 1965; USCG–2003–15404, 68 FR 37740, June 25, to 6 p.m. on July 6, 2012. 2003]

§ 100.40 Patrol of the regatta or ma- § 100.45 Establishment of aids to navi- rine parade. gation. (a) The Commander of a Coast Guard The District Commander will estab- District in which a regatta or marine lish and maintain only those aids to parade is to be held may detail, if he or navigation necessary to assist in the

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observance and enforcement of the spe- as participants or official patrol ves- cial regulations issued under the Dis- sels. trict Commander’s authority. These (c) Although listed in the Code of aids to navigation will be in accord- Federal Regulations, sponsors of events ance with Part 62 of this chapter. All listed in Table to § 100.100 are still re- other aids to navigation incidental to quired to submit marine event applica- the holding of a regatta or marine pa- tions in accordance with 33 CFR 100.15. rade are private aids to navigation as (d) Vessel operators desiring to enter described in Part 66 of this chapter. or operate within the regulated areas [CGD 86–031, 52 FR 42645, Nov. 6, 1987] shall contact the COTP at 203–468–4401 (Sector LIS command center) or the § 100.100 Special Local Regulations; designated representative via VHF Regattas and Boat Races in the channel 16. Coast Guard Sector Long Island (e) Vessels may not transit the regu- Sound Captain of the Port Zone. lated areas without the COTP or des- (a) The following regulations apply ignated representative approval. Ves- to the marine events listed in the sels permitted to transit must operate Table to § 100.100. These regulations at a no wake speed, in a manner which will be enforced for the duration of will not endanger participants or other each event, on or about the dates indi- crafts in the event. cated. Notifications will be made to (f) Spectators or other vessels shall the local maritime community through not anchor, block, loiter, or impede the all appropriate means such as Local transit of event participants or official Notice to Mariners or Broadcast Notice patrol vessels in the regulated areas to Mariners well in advance of the during the effective dates and times, or events. If the event does not have a dates and times as modified through date listed, then exact dates and times the Local Notice to Mariners, unless of the enforcement period will be an- authorized by COTP or designated rep- nounced through a Notice of Enforce- resentative. ment in the FEDERAL REGISTER. The First Coast Guard District Local No- (g) The COTP or designated rep- tice to Mariners can be found at: http:// resentative may control the movement www.navcen.uscg.gov/. of all vessels in the regulated area. (b) Definitions. The following defini- When hailed or signaled by an official tions apply to this section: patrol vessel, a vessel shall come to an (1) Designated representative. A ‘‘des- immediate stop and comply with the ignated representative’’ is any Coast lawful directions issued. Failure to Guard commissioned, warrant or petty comply with a lawful direction may re- officer of the U.S. Coast Guard who has sult in expulsion from the area, cita- been designated by the Captain of the tion for failure to comply, or both. Port (COTP), Sector Long Island Sound (h) The COTP or designated rep- (LIS), to act on his or her behalf. The resentative may delay or terminate designated representative may be on an any marine event in this subpart at official patrol vessel or may be on any time it is deemed necessary to en- shore and will communicate with ves- sure the safety of life or property. sels via VHF–FM radio or loudhailer. (i) For all power boat races listed, In addition, members of the Coast vessels not participating in this event, Guard Auxiliary may be present to in- swimmers, and personal watercraft of form vessel operators of this regula- any nature are prohibited from enter- tion. ing or moving within the regulated (2) Official patrol vessels. Official pa- area unless authorized by the COTP or trol vessels may consist of any Coast designated representative. Vessels Guard, Coast Guard Auxiliary, state, or within the regulated area must be at local law enforcement vessels assigned anchor within a designated spectator or approved by the COTP. area or moored to a waterfront facility (3) Spectators. All persons and vessels in a way that will not interfere with not registered with the event sponsor the progress of the event.

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TABLE TO § 100.100

1.1 Harvard-Yale Re- • Event type: Boat Race. gatta, Thames River, • Date: Last Saturday in May through second Saturday of June, from 8 a.m. until 5 New London, CT. p.m. • Location: All waters of the Thames River at New London, Connecticut, between the Penn Central Draw Bridge 41°21′46.94″ N 072°05′14.46″ W to Bartlett Cove 41°25′35.90″ N 072°5′42.89″ W (NAD 83). • Additional stipulations: Spectator vessels must be at anchor within a designated spectator area or moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event at least 30 minutes prior to the start of the races. They must remain moored or at anchor until the men’s varsity have passed their positions. At that time, spectator vessels located south of the Harvard Boathouse may proceed downriver at a reasonable speed. Vessels situated between the Harvard Boathouse and the finish line must remain stationary until both crews return safely to their boathouses. If for any reason the men’s varsity crew race is postponed, spectator vessels will remain in position until notified by Coast Guard or regatta patrol personnel. The last 1000 feet of the race course near the finish line will be delineated by four temporary white buoys provided by the sponsor. All spectator craft shall remain behind these buoys during the event. Spectator craft shall not anchor: to the west of the race course, between Scotch Cap and Bartlett Point Light, or within the race course boundaries or in such a manner that would allow their vessel to drift or swing into the race course. During the effective period all vessels shall proceed at a speed not to exceed six knots in the regulated area. Spectator vessels shall not follow the crews during the races. Swimming is prohibited in the vicinity of the race course during the races. A vessel operating in the vicinity of the Submarine Base may not cause waves which result in damage to submarines or other vessels in the floating drydocks. 1.2 Great Connecticut • Event type: Boat Race. River Raft Race, Mid- • Date: Last Saturday in July through the first Saturday in August, from 10 a.m. dletown, CT. until 2 p.m. • Location: All waters of the Connecticut River Middletown, CT between Dart Island (Marker no. 73) 41°33′08.24″ N 072°33′24.46″ W and Portland Shoals (Marker no. 92) 41°33′46.83″ N 072°38′42.18″ W (NAD 83). 1.3 Head of the Con- • Event type: Boat Race. necticut Regatta, • Date: The second Saturday of October, from 7:30 a.m. until 5 p.m. Connecticut River, • Location: All waters of the Connecticut River between the southern tip of CT. Gildersleeve Island 41°36′03.61″ N 072°37′18.08″ W and Light Number 87 41°33′32.91″ N 072°37′15.24″ W (NAD 83). • Additional stipulations: Vessels less than 20 meters in length will be allowed to transit the regulated area only under escort and at the discretion of the Coast Guard patrol commander. Vessels over 20 meters in length will be allowed to transit the regulated area, under escort, from 12:30 p.m. to 1:45 p.m. or as directed by the Coast Guard patrol commander. All transiting vessels shall operate at ‘‘No Wake’’ speed or five knots, whichever is slower. Southbound vessels awaiting escort through the regulated area will wait in the vicinity of the southern tip of Gildersleeve Island. Northbound vessels awaiting escort will wait at Light Number 87. 1.4 Riverfront Regatta, • Event type: Regatta. Hartford, CT. • Date: The first Sunday of October, from 8:30 a.m. until 4:30 p.m. • Location: All water of the Connecticut River, Hartford, CT, between the Putnum Bridge 41°42′52.20″ N 072°38′25.80″ W and the Riverside Boat House 41°46′25.20″ N 072°39′49.80″ W (NAD 83). 1.5 Patchogue Grand • Event type: Boat Race. Prix, Patchogue, NY. • Date: The last weekend of August Friday, Saturday and Sunday, from 11 a.m. until 5 p.m.

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TABLE TO § 100.100—Continued • Location: All water of the Great South Bay, off Shorefront Park, Patchogue, NY from approximate position: Beginning at a point off Sand Spit Park, Patchogue, NY at position 40°44′45″ N, 073°00′51″ W then running south to a point in Great South Bay at position 40°43′46″ N, 073°00′51″ W then running south east to position 40°43′41″ N, 073°00′20″ W then running north east to position 40°43′54″ N, 072°58′46″ W then east to position 40°43′58″ N, 072°57′32″ W then east to position 40°43′57″ N, 072°56′49″ W then north to position 40°44′18″ N, 072°56′49″ W then west to position 40°44′18″ N, 072°57′32″ W then north west to position 40°44′30″ N, 072°58′32″ W then north west to position 40°44′33″ N, 072°59′12″ W then north west to position 40°44′41″ N, 072°59′51″ W then north west to position 40°44′46″ N, 073°00′04″ W and then closing the zone at position 40°44′45″ N, 073°00′51″ W (NAD 83). 1.6 Riverfront U.S. • Event type: Boat Race. Title series Power- • Date: Labor Day weekend, Friday and Saturday from 10 a.m. until 6 p.m. and boat Race, Hartford, Sunday from 12:01 p.m. until 6 p.m. CT. • Location: All water of the Connecticut River, Hartford, CT, between the Founders Bridge on the North approximate position 41°45′53.47″ N, 072°39′55.77″ W and 41°45′37.39″ N, 072°39′47.49″ W (NAD 83) to the South.

[USCG–2008–0384, 77 FR 6956, Feb. 10, 2012]

§ 100.114 Fireworks displays within sit through the regulated area with a the First Coast Guard District. Coast Guard designated escort. (a) Regulated area. That area of navi- (3) All persons and vessels shall com- gable waters within a 500-yard radius of ply with the instructions of the Coast the launch platform for each fireworks Guard on-scene patrol commander. On- display listed in the following table. scene patrol personnel may include commissioned, warrant, and petty offi- FIREWORKS DISPLAY TABLE cers of the U.S. Coast Guard. Upon hearing five or more short blasts from June a U.S. Coast Guard vessel, the operator of a vessel shall proceed as directed. Members of the Coast Guard Auxiliary may also be present to inform vessel July operators of this regulation and other applicable laws. New York: 7.34 .. July 4th Name: Bayville Crescent (c) Effective dates. This rule is in ef- Club Fireworks. fect from one hour before the scheduled Sponsor: Bayville Crescent start of the event until thirty minutes Club, Bayville, NY. after the last firework is exploded for Time: 8 p.m. to 10 p.m. each event listed in the Table. For Location: Cooper Bluff, those events listed without a specific Cove Neck, NY.. time or date, an annual FEDERAL REG- ISTER document will be published indi- (b) Special local regulations. (1) No per- cating event dates and times. son or vessel may enter, transit, or remain within the regulated area during [CGD01–99–009, 64 FR 34544, June 28, 1999]

the effective period of regulation un- EDITORIAL NOTE: For FEDERAL REGISTER ci- less authorized by the Coast Guard pa- tations affecting § 100.114, see the List of CFR trol commander. Sections Affected, which appears in the (2) Vessels encountering emergencies Finding Aids section of the printed volume which require transit through the regu- and at www.fdsys.gov. lated area should contact the Coast Guard patrol commander on VHF § 100.119 Newport-Bermuda Regatta, Channel 16. In the event of an emer- Narragansett Bay, Newport, RI gency, the Coast Guard patrol com- (a) Regulated area. The regulated area mander may authorize a vessel to tran- includes all waters of Narragansett

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Bay, Newport, RI, within the following § 100.120 Special Local Regulations; points (NAD 83): Marine Events Held in the Coast 41°27′51″ N 071°22′14″ W Guard Sector Northern New Eng- land Captain of the Port Zone. 41°27′24″ N 071°21′57″ W 41°27′09″ N 071°22′39″ W The following regulations apply to 41°27′36″ N 072°22′55″ W the marine events listed in the Table to § 100.120. These regulations will be In the event that weather conditions enforced for the duration of each event, prohibit a safe race start within the ap- on the dates indicated. Mariners should proach to Newport Harbor, the race consult their Local Notice to Mariners will begin offshore and the following to remain apprised of the specific cal- regulated area applies (NAD 83): endar date upon which the listed event 41°26′04″ N 071°22′16″ W falls for each calendar year and other 41°25′36″ N 071°21′58″ W specific information concerning the 41°25′45″ N 071°22′40″ W event. First Coast Guard District Local 41°25′49″ N 071°22′56″ W Notice to Mariners can be found at: http://www.navcen.uscg.gov/. The Sector (b) Special local regulations. (1) The Northern New England Marine Events Coast Guard patrol commander may schedule can also be viewed electroni- delay, modify, or cancel the race as cally at www.homeport.uscg.mil. conditions or circumstances require. NOTE TO INTRODUCTORY TEXT OF (2) No person or vessel may enter, § 100.20: Although listed in the Code of transit, or remain in the regulated area Federal Regulations, sponsors of events unless participating in the event or un- listed in the Table to § 100.120 are still less authorized by the Coast Guard pa- required to submit marine event appli- trol commander. cations in accordance with 33 CFR (3) Vessels encountering emergencies 100.15. which require transit through the regu- (a) The Coast Guard may patrol each lated area should contact the Coast event area under the direction of a des- Guard patrol commander on VHF ignated Coast Guard Patrol Com- Channel 16. In the event of an emer- mander. The Patrol Commander may be contacted on Channel 16 VHF–FM gency, the Coast Guard patrol com- (156.8 MHz) by the call sign mander may authorize a vessel to tran- ‘‘PATCOM.’’ Official patrol vessels sit through the regulated area with a may consist of any Coast Guard, Coast Coast Guard designated escort. Guard Auxiliary, state, or local law en- (4) All persons and vessels shall com- forcement vessels assigned or approved ply with the instructions of the Coast by the Captain of the Port, Sector Guard on-scene patrol commander. On- Northern New England. scene patrol personnel may include (b) Vessels may not transit the regu- commissioned, warrant, and petty offi- lated areas without the Patrol Com- cers of the U.S. Coast Guard. Upon mander approval. Vessels permitted to hearing five or more short blasts from transit must operate at a no wake a U.S. Coast Guard vessel, the operator speed, in a manner which will not en- of a vessel shall proceed as directed. danger participants or other crafts in Members of the Coast Guard Auxiliary the event. may also be present to inform vessel (c) Spectators or other vessels shall operators of this regulation and other not anchor, block, loiter, or impede the applicable laws. transit of event participants or official (c) Effective date. This section is in ef- patrol vessels in the regulated areas fect on June 21, 1996, from 10:00 a.m. to during the effective dates and times, 3:30 p.m., and biennially thereafter on a unless authorized by an official patrol vessel. date and times published in a FEDERAL (d) The Patrol Commander may con- REGISTER document. trol the movement of all vessels in the [CGD01–96–025, 61 FR 32332, June 24, 1996] regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions

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issued. Failure to comply with a lawful not interfere with the progress of the direction may result in expulsion from event. the area, citation for failure to comply, (g) For all regattas and boat parades or both. listed, spectator vessels operating (e) The Patrol Commander may delay within the regulated area shall main- or terminate any marine event in this tain a separation of at least 50 yards subpart at any time it is deemed nec- from the participants. essary to ensure the safety of life or (h) For all rowing and paddling boat property. races listed, vessels not associated with the event shall maintain a separation (f) For all power boat races listed, of at least 50 yards from the partici- vessels operating within the regulated pants. area must be at anchor within a des- (i) The specific calendar date upon ignated spectator area or moored to a which the listed event falls will be pub- waterfront facility in a way that will lished in the FEDERAL REGISTER.

TABLE TO § 100.120

5.0 MAY

5.1 Champlain Bridge • Event Type: Regatta and Boat Parade. Celebration Flotilla Pa- rade. • Sponsor: Lake Champlain Maritime Museum. • Date: A two day event on Saturday and Sunday during the third weekend in May. The specific calendar dates will be published in the Federal Register via a Notice of Enforcement. • Time: 12 p.m. to 2 p.m. each day. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of the new bridge between Crown Point, New York and Chimney Point, Vermont within the following points (NAD 83): 44°02′29″ N, 073°26′26″ W. 44°02′38″ N, 073°25′58″ W. 44°01′18″ N, 073°24′08″ W. 44°01′04″ N, 073°24′31″ W.

5.2 Tall Ships Visiting • Event Type: Regatta and Boat Parade. Portsmouth. • Sponsor: Portsmouth Maritime Commission, Inc. • Date: A four day event from Friday through Monday during the last weekend in May. The specific calendar dates will be published in the Federal Register via a Notice of Enforcement. • Time: 9 a.m. to 8 p.m. each day. • Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire in the vicinity of Castle Island within the following points (NAD 83): 43°03′11″ N, 070°42′26″ W. 43°03′18″ N, 070°41′51″ W. 43°04′42″ N, 070°42′11″ W. 43°04′28″ N, 070°44′12″ W. 43°05′36″ N, 070°45′56″ W. 43°05′29″ N, 070°46′09″ W. 43°04′19″ N, 070°44′16″ W. 43°04′22″ N, 070°42′33″ W.

6.0 JUNE

6.1 Bar Harbor Blessing • Event Type: Regatta and Boat Parade. of the Fleet. • Sponsor: Town of Bar Harbor, Maine. • Date: A one day event on Sunday during the first weekend of June. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 12 p.m. to 1 p.m. • Location: The regulated area includes all waters of Bar Harbor, Maine within the following points (NAD 83):

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TABLE TO § 100.120—Continued 44°23′32″ N, 068°12′19″ W. 44°23′30″ N, 068°12′00″ W. 44°23′37″ N, 068°12′00″ W. 44°23′35″ N, 068°12′19″ W.

6.2 Charlie Begin Memo- • Event Type: Power Boat Race. rial Lobster Boat Races. • Sponsor: Boothbay Harbor Lobster Boat Race Committee. • Date: A one day event on Saturday during the third weekend of June. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 10 a.m. to 3 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of within John’s Island the following points (NAD 83): 43°50′04″ N, 069°38′37″ W. 43°50′54″ N, 069°38′06″ W. 43°50′49″ N, 069°37′50″ W. 43°50′00″ N, 069°38′20″ W.

6.3 Rockland Harbor Lob- • Event Type: Power Boat Race. ster Boat Races. • Sponsor: Rockland Harbor Lobster Boat Race Committee. • Date: A one day event on Sunday during the third weekend of June. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 a.m. to 5 p.m. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of the Rockland Breakwater Light within the following points (NAD 83): 44°05′59″ N, 069°04′53″ W. 44°06′43″ N, 069°05′25″ W. 44°06′50″ N, 069°05′05″ W. 44°06′05″ N, 069°04′34″ W.

6.4 Windjammer Days Pa- • Event Type: Tall Ship Parade. rade of Ships. • Sponsor: Boothbay Region Chamber of Commerce. • Date: A one day event on Wednesday during the last week of June. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 12 p.m. to 5 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of Tumbler’s Island within the following points (NAD 83): 43°51′02″ N, 069°37′33″ W. 43°50′47″ N, 069°37′31″ W. 43°50′23″ N, 069°37′57″ W. 43°50′01″ N, 069°37′45″ W. 43°50′01″ N, 069°38′31″ W. 43°50′25″ N, 069°38′25″ W. 43°50′49″ N, 069°37′45″ W.

7.0 JULY

7.1 Moosabec Lobster • Event Type: Power Boat Race. Boat Races. • Sponsor: Moosabec Boat Race Committee. • Date: A one day event held on July 4th. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 10 a.m. to 12:30 p.m. • Location: The regulated area includes all waters of Jonesport, Maine within the following points (NAD 83): 44°31′21″ N, 067°36′44″ W. 44°31′36″ N, 067°36′47″ W. 44°31′44″ N, 067°35′36″ W.

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TABLE TO § 100.120—Continued 44°31′29″ N, 067°35′33″ W.

7.2 The Great Race ...... • Event Type: Rowing and Paddling Boat Race. • Sponsor: Franklin County Chamber of Commerce. • Date: A one day event on Sunday during the first week of September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 10 a.m. to 12:30 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Saint Albans Bay within the following points (NAD 83): 44°47′18″ N, 073°10′27″ W. 44°47′10″ N, 073°08′51″ W.

7.3 Searsport Lobster • Event Type: Power Boat Race. Boat Races. • Sponsor: Searsport Lobster Boat Race Committee. • Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 a.m. to 4 p.m. • Location: The regulated area includes all waters of Searsport Harbor, Maine within the following points (NAD 83): 44°26′50″ N, 068°55′20″ W. 44°27′04″ N, 068°55′26″ W. 44°27′12″ N, 068°54′35″ W. 44°26′59″ N, 068°54′29″ W.

7.4 Stonington Lobster • Event Type: Power Boat Race. Boat Races. • Sponsor: Stonington Lobster Boat Race Committee. • Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 a.m. to 3:30 p.m. • Location: The regulated area includes all waters of Stonington, Maine within the following points (NAD 83): 44°08′55″ N, 068°40′12″ W. 44°09′00″ N, 068°40′15″ W. 44°09′11″ N, 068°39′42″ W. 44°09′07″ N, 068°39′39″ W.

7.5 Mayor’s Cup Regatta • Event Type: Sailboat Parade. • Sponsor: Plattsburgh Sunrise Rotary • Date: A one day event on Saturday during the second week of July. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 10 a.m. to 4 p.m. • Location: The regulated area includes all waters of Cumberland Bay on Lake Champlain in the vicinity of Plattsburgh, New York within the following points (NAD 83): 44°39′26″ N, 073°26′25″ W. 44°41′27″ N, 073°23′12″ W.

7.6 The Challenge Race .. • Event Type: Rowing and Paddling Boat Race. • Sponsor: Lake Champlain Maritime Museum • Date: A one day event on Saturday during the third week of July. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 11 a.m. to 3 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Button Bay State Park within the following points (NAD 83): 44°12′25″ N, 073°22′32″ W. 44°12′00″ N, 073°21′42″ W. 44°12′19″ N, 073°21′25″ W.

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TABLE TO § 100.120—Continued 44°13′16″ N, 073°21′36″ W.

7.7 Friendship Lobster • Event Type: Power Boat Race. Boat Races. • Sponsor: Friendship Lobster Boat Race Committee. • Date: A one day event on Saturday during the last week of July. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 9:30 a.m. to 3 p.m. • Location: The regulated area includes all waters of Friendship Harbor, Maine within the following points (NAD 83): 43°57′51″ N, 069°20′46″ W. 43°58′14″ N, 069°19′53″ W. 43°58′19″ N, 069°20′01″ W. 43°58′00″ N, 069°20′46″ W.

7.8 Arthur Martin Memo- • Event Type: Rowing and Paddling Boat Race. rial Regatta. • Sponsor: I Row. • Date: A one day event on Saturday during the third week of July. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 9 a.m. to 1 p.m. • Location: The regulated area includes all waters of the Piscataqua River, in the vicinity of Kittery Point, Maine within the following points (NAD 83): 43°03′51″ N, 070°41′55″ W. 43°04′35″ N, 070°42′18″ W. 43°04′42″ N, 070°43′15″ W. 43°05′14″ N, 070°43′12″ W. 43°05′14″ N, 070°43′06″ W. 43°04′44″ N, 070°43′11″ W. 43°04′35″ N, 070°42′13″ W. 43°03′53″ N, 070°41′40″ W.

7.9 Harpswell Lobster • Event Type: Power Boat Race. Boat Races. • Sponsor: Harpswell Lobster Boat Race Committee. • Date: A one day event on Sunday during the last week of July. The specific calendar date will be published in the Federal Register via a Notice of En- forcement. • Time: 10 a.m. to 3 p.m. • Location: The regulated area includes all waters of Potts Harbor, Maine within the following points (NAD 83): 43°46′50″ N, 070°01′37″ W. 43°46′50″ N, 070°01′18″ W. 43°46′28″ N, 070°01′36″ W. 43°46′28″ N, 070°01′19″ W.

8.0 AUGUST

8.1 Eggemoggin Reach • Event Type: Wooden Boat Parade. Regatta. • Sponsor: Rockport Marine, Inc. and Brookline Boat Yard. • Date: A one day event on Saturday during the first week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 11 a.m. to 7 p.m. • Location: The regulated area includes all waters of Eggemoggin Reach and Jericho Bay in the vicinity of Naskeag Harbor, Maine within the following points (NAD 83): 44°15′16″ N, 068°36′26″ W. 44°12′41″ N, 068°29′26″ W. 44°07′38″ N, 068°31′30″ W. 44°12′54″ N, 068°33′46″ W.

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TABLE TO § 100.120—Continued 8.2 Southport Rowgatta • Event Type: Rowing and Paddling Boat Race. Rowing and Paddling Boat Race. • Sponsor: Boothbay Region YMCA. • Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 8 a.m. to 3 p.m. • Location: The regulated area includes all waters of Sheepscot Bay and Boothbay, on the shore side of Southport Island, Maine within the following points (NAD 83): 43°50′26″ N, 069°39′10″ W. 43°49′10″ N, 069°38′35″ W. 43°46′53″ N, 069°39′06″ W. 43°46′50″ N, 069°39′32″ W. 43°49′07″ N, 069°41′43″ W. 43°50′19″ N, 069°41′14″ W. 43°51′11″ N, 069°40′06″ W.

8.3 Winter Harbor Lobster • Event Type: Power Boat Race. Boat Races. • Sponsor: Winter Harbor Chamber of Commerce. • Date: A one day event on Saturday during the second week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 9 a.m. to 3 p.m. • Location: The regulated area includes all waters of Winter Harbor, Maine within the following points (NAD 83): 44°22′06″ N, 068°05′13″ W. 44°23′06″ N, 068°05′08″ W. 44°23′04″ N, 068°04′37″ W. 44°22′05″ N, 068°04′44″ W.

8.4 Lake Champlain Drag- • Event Type: Rowing and Paddling Boat Race. on Boat Festival. • Sponsor: Dragonheart Vermont. • Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 7 a.m. to 5 p.m. • Location: The regulated area includes all waters of Burlington Bay within the following points (NAD 83): 44°28′51″ N, 073°13′28″ W. 44°28′40″ N, 073°13′40″ W. 44°28′37″ N, 073°13′29″ W. 44°28′40″ N, 073°13′17″ W.

8.5 Merritt Brackett Lob- • Event Type: Power Boat Race. ster Boat Races. • Sponsor: Town of Bristol, Maine. • Date: A one day event on Sunday during the second week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcements. • Time: 10 a.m. to 3 p.m. • Location: The regulated area includes all waters of Pemaquid Harbor, Maine within the following points (NAD 83): 43°52′16″ N, 069°32′10″ W. 43°52′41″ N, 069°31′43″ W. 43°52′35″ N, 069°31′29″ W. 43°52′09″ N, 069°31′56″ W.

8.6 Multiple Sclerosis Re- • Event Type: Regatta and Sailboat Race. gatta. • Sponsor: Maine Chapter, Multiple Sclerosis Society.

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TABLE TO § 100.120—Continued • Date: A one day event on Saturday during the third week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 10 a.m. to 4 p.m. • Location: The regulated area for the start of the race includes all waters of Casco Bay, Maine in the vicinity of Peaks Island within the following points (NAD 83): 43°40′24″ N, 070°14′20″ W. 43°40′36″ N, 070°13′56″ W. 43°39′58″ N, 070°13′21″ W. 43°39′46″ N, 070°13′51″ W.

8.7 Multiple Sclerosis • Event Type: Power Boat Race. Harborfest Tugboat Race. • Sponsor: Maine Chapter, National Multiple Sclerosis Society. • Date: A one day event on Sunday during the third week of August. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 10 a.m. to 3 p.m. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Maine State Pier within the following points (NAD 83): 43°40′25″ N, 070°14′21″ W. 43°40′36″ N, 070°13′56″ W. 43°39′58″ N, 070°13′21″ W. 43°39′47″ N, 070°13′51″ W.

9.0 SEPTEMBER

9.1 Pirates Festival Lob- • Event Type: Power Boat Race. ster Boat Races. • Sponsor: Eastport Pirates Festival. • Date: A one day event on Sunday during the second weekend of September. The specific calendar date will be published in the Federal Register via a Notice of Enforcement. • Time: 11 a.m. to 6 p.m. • Location: The regulated area includes all waters in the vicinity of Eastport Harbor, Maine within the following points (NAD 83): 44°54′14″ N, 066°58′52″ W. 44°54′14″ N, 068°58′56″ W. 44°54′24″ N, 066°58′52″ W. 44°54′24″ N, 066°58′56″ W.

[USCG–2011–1023, 77 FR 23603, Apr. 20, 2012]

§ 100.130 Special Local Regulations; participants and type(s) of vessels in- Recurring Annual Marine Events in volved will be provided to the local Sector Boston Captain of the Port maritime community through the Zone. Local Notice to Mariners and/or Broad- This section applies to the marine cast Notice to Mariners well in advance events listed in Table 1 of this section. of the events. If the event does not The regulations in this section will be have a date listed, then the exact dates enforced for the duration of each event, and times of the enforcement will be on or about the dates indicated in announced through a Notice of En- Table 1 of this section. Annual notice forcement in the FEDERAL REGISTER. of the exact dates and times of the ef- Mariners should consult the FEDERAL fective period of the regulations in this REGISTER or their LNM to remain ap- section with respect to each event, the prised of minor schedule or event geographical description of each regu- changes. First Coast Guard District lated area, and details concerning the LNM can be found at: http:// nature of the event and the number of

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www.navcen.uscg.gov/. The Sector Bos- dates and times as modified through ton Marine Events schedule can also be LNM, unless authorized by an official viewed electronically at http:// patrol vessel. www.homeport.uscg.mil. Although listed (d) PATCOM may control the move- in the Code of Federal Regulations, ment of all vessels in the regulated sponsors of events listed in Table 1 of area. When hailed or signaled by an of- this section are still required to submit ficial patrol vessel, a vessel shall come a marine event permit application in to an immediate stop and comply with accordance with 33 CFR 100.15. the lawful directions issued. Failure to (a) The Coast Guard may patrol each comply with a lawful direction may re- event area under the direction of a des- sult in expulsion from the area, cita- ignated Coast Guard Patrol Com- tion for failure to comply, or both. mander (PATCOM). PATCOM may be (e) PATCOM may delay or terminate contacted on Channel 16 VHF–FM (156.8 any marine event in this subpart at MHz) by the call sign ‘‘PATCOM.’’ Offi- any time it is deemed necessary to en- cial patrol vessels may consist of any sure the safety of life or property. Such Coast Guard, Coast Guard Auxiliary, action may be justified as a result of state, or local law enforcement vessels weather, traffic density, spectator op- assigned or approved by the Captain of eration or participant behavior. the Port, Sector Boston. (f) For all power boat races listed, (b) Vessels may not transit the regu- vessels operating within the regulated lated areas without PATCOM approval. area must be at anchor within a des- Vessels permitted to transit must oper- ignated spectator area or moored to a ate at a no wake speed, in a manner waterfront facility in a way that will which will not endanger participants or not interfere with the progress of the other crafts in the event. event. (c) Spectators or other vessels shall (g) For all regattas, boat parades, not anchor, block, loiter, or impede the and rowing and paddling boat races, transit of event participants or official vessels not associated with the event patrol vessels in the regulated areas shall maintain a separation of at least during the effective dates and times, or 50 yards from the participants.

TABLE 1

3.0 MARCH

3.1 Hull Snow Row ...... • Event Type: Rowing Regatta. • Sponsor: Hull Lifesaving Museum. • Date: A one-day event on Saturday during the second weekend of March, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12:00 pm to 13:00 pm. • Location: All waters of Hingham Bay, between Windmill Point and Sheep’s Is- land within the following points (NAD 83): 42°18.3′ N, 070°55.8′ W. 42°18.3′ N, 070°55.3′ W. 42°16.6′ N, 070°54.9′ W. 42°16.6′ N, 070°56.0′ W.

6.0 JUNE

6.1 Sea-Doo Regional • Event Type: PWC Race. Championships. • Sponsor: Toyota. • Date: A two-day event on Saturday and Sunday during the first weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 6:30 am to 5:00 pm daily. • Location: All waters of the Atlantic Ocean near Salisbury Beach, Salisbury, MA, within a 100-yard radius of the race course site located at position 42°51.5′ N, 070°48.5′ W (NAD 83).

8.0 AUGUST

8.1 Haverhill River Run .... • Event Type: Power Boat Race. • Sponsor: Crescent Yacht Club and South Shore Outboard Association.

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TABLE 1—Continued • Date: A two-day event on Saturday and Sunday during the last weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12:00 pm to 5:00 pm. • Location: All waters of the Merrimack River, between the Interstate 495 High- way Bridge, located at position 42°46.1′ N, 071°07.2′ W (NAD 83), and the Haverhill-Groveland SR97/113 Bridge, located at position 42°45.8′ N, 071°02.1′ W (NAD 83).

[USCG–2011–0109, 76 FR 69625, Nov. 9, 2011]

§ 100.150 Special Local Regulations; Guard, Coast Guard Auxiliary, state, or Marine Events in the Coast Guard local law enforcement vessels assigned Sector New York Captain of the or approved by the COTP. Port Zone. (3) Spectators. All persons and vessels The following regulations apply to not registered with the event sponsor the marine events listed in the TABLE as participants or official patrol ves- to § 100.150. These regulations will be sels. enforced for the duration of each event, (b) Vessel operators desiring to enter on or about the dates indicated. An- or operate within the regulated areas nual notice of the exact dates and shall contact the COTP or the des- times of the effective period of the reg- ignated representative via VHF chan- ulations with respect to each event, nel 16 or (718) 354–4353 (Sector New the geographical area, and details con- York command center) to obtain per- cerning the nature of the event and the mission to do so. number of participants and type(s) of (c) Vessels may not transit the regu- vessels involved will be published in a lated areas without the COTP or des- Local Notices to Mariners and broad- ignated representative approval. Ves- cast over VHF–FM radio. First Coast sels permitted to transit must operate Guard District Local Notice to Mari- at a no wake speed, in a manner which ners can be found at: http:// will not endanger participants or other www.navcen.uscg.gov/. The Sector New crafts in the event. York Marine Events schedule can also (d) Spectators or other vessels shall be viewed electronically at http:// not anchor, block, loiter, or impede the www.homeport.uscg.mil/newyork. Al- transit of event participants or official though listed in the Code of Federal patrol vessels in the regulated areas Regulations, sponsors of events listed during the effective dates and times, or in the TABLE to § 100.150 are still re- dates and times as modified through quired to submit marine event applica- the Local Notice to Mariners, unless tions in accordance with 33 CFR 100.15. authorized by COTP or designated rep- (a) Definitions. The following defini- resentative. tions apply to this section: (e) The COTP or designated rep- (1) Designated Representative. A ‘‘des- resentative may control the movement ignated representative’’ is any Coast of all vessels in the regulated area. Guard commissioned, warrant or petty When hailed or signaled by an official officer of the U.S. Coast Guard who has patrol vessel, a vessel shall come to an been designated by the Captain of the immediate stop and comply with the Port, Sector New York (COTP), to act lawful directions issued. Failure to on his or her behalf. The designated comply with a lawful direction may re- representative may be on an official sult in expulsion from the area, cita- patrol vessel or may be on shore and tion for failure to comply, or both. will communicate with vessels via (f) The COTP or designated rep- VHF–FM radio or loudhailer. In addi- resentative may delay or terminate tion, members of the Coast Guard Aux- any marine event in this subpart at iliary may be present to inform vessel any time it is deemed necessary to en- operators of this regulation. sure the safety of life or property. (2) Official Patrol Vessels. Official pa- (g) For all power boat races listed, trol vessels may consist of any Coast vessels not participating in this event,

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swimmers, and personal watercraft of (1) Coast Guard Patrol Commander. A any nature are prohibited from enter- Patrol Commander is a commissioned, ing or moving within the regulated warrant, or petty officer of the Coast area unless authorized by the COTP or Guard who has been designated by the designated representative. Vessels respective Coast Guard Sector—Cap- within the regulated area must be at tain of the Port to enforce these regu- anchor within a designated spectator lations. area or moored to a waterfront facility (2) Official Patrol means any vessel in a way that will not interfere with assigned or approved by the respective the progress of the event. Captain of the Port with a commissioned, warrant, or petty officer on TABLE TO § 100.150 board and displaying a Coast Guard ensign. 1.0 ...... Hudson River (3) Spectators. All persons and vessels not registered with the event sponsor 1.1 New • Event type: Power Boat Race. York as participants or official patrol ves- Super sels. Boat Race. (b) Event Patrol. The Coast Guard • Date: The weekend after Labor may assign an event patrol, as de- Day. scribed in § 100.40 of this part, to each • Location: All waters of the Lower regulated event listed in the table. Ad- Hudson River south of a line drawn ditionally, a Patrol Commander may from the northwest corner of Pier 76 in Manhattan, New York to a be assigned to oversee the patrol. The point on the New Jersey shore in event patrol and Patrol Commander Weehawken, New Jersey at ap- may be contacted on VHF–FM Channel proximate position 40°45′52″ N 16. 074°01′01″ W (NAD 1983) and (c) Special local regulations. (1) The north of a line connecting the fol- Coast Guard Patrol Commander may lowing points (all coordinates are forbid and control the movement of all ° ′ ″ NAD 1983): 40 42 16.0 N, vessels in the regulated area(s). When 074°01′09.0″ W; thence to 40°41′55.0″ N, 074°01′16.0″ W; hailed or signaled by an official patrol thence to 40°41′47.0″ N, vessel, a vessel in these areas shall im- 074°01′36.0″ W; thence to mediately comply with the directions 40°41′55.0″ N, 074°01′59.0″ W; given. Failure to do so may result in thence to 40°42′20.5″ N, expulsion from the area, citation for 074°02′06.0″ W. failure to comply, or both. (2) The Coast Guard Patrol Com- [USCG–2010–1001, 76 FR 69616, Nov. 9, 2011] mander may terminate the event, or the operation of any vessel partici- § 100.501 Special Local Regulations; pating in the event, at any time it is Marine Events in the Fifth Coast deemed necessary for the protection of Guard District. life or property. The following regulations apply to (3) Only event sponsor designated the marine events listed in the Table participants and official patrol vessels to § 100.501. These regulations will be are allowed to enter the regulated area. effective annually, for the duration of (4) Spectators are only allowed inside each event listed in the Table to the regulated area if they remain with- § 100.501. Annual notice of the exact in a designated spectator area. Spec- dates and times of the effective period tators may contact the Coast Guard of the regulation with respect to each Patrol Commander to request permis- event, the geographical area, and de- sion to pass through the regulated tails concerning the nature of the area. If permission is granted, spec- event and the number of participants tators must pass directly through the and type(s) of vessels involved will be regulated area at safe speed and with- published in Local Notices to Mariners out loitering. and via Broadcast Notice to Mariners (d) Contact information. Questions over VHF–FM marine band radio. about marine events should be ad- (a) Definitions. The following defini- dressed to the local Coast Guard Cap- tions apply to this section: tain of the Port for the area in which

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the event is occurring. Contact infor- (3) Coast Guard Sector Hampton mation is listed below. For a descrip- Roads—Captain of the Port Zone, Nor- tion of the geographical area of each folk, Virginia: (757) 483–8567. Coast Guard Sector—Captain of the (4) Coast Guard Sector North Caro- Port zone, please see subpart 3.25 of lina—Captain of the Port Zone North this chapter. Carolina: (877) 229–0770 or (910) 772–2200. (1) Coast Guard Sector Delaware (e) Application for marine events. The Bay—Captain of the Port Zone, Phila- application requirements of § 100.15 of delphia, Pennsylvania: (215) 271–4944. this part apply to all events listed in the Table to § 100.501. For information (2) Coast Guard Sector Baltimore— on applying for a marine event, contact Captain of the Port Zone, Baltimore, the Captain of the Port for the area in Maryland: (410) 576–2525. which the event will occur, at the phone numbers listed above.

TABLE TO § 100.501 [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

(a.) Coast Guard Sector Delaware Bay—COTP Zone

1 ...... June—1st Sunday ... Atlantic County Day Atlantic County, New The waters of Great Egg Harbor Bay, ad- at the Bay. Jersey. jacent to Somers Point, New Jersey, bounded by a line drawn along the following boundaries: The area is bounded to the north by the shoreline along John F. Kennedy Park and Somers Point, New Jersey; bounded to the east by the State Route 52 bridge; bounded to the south by a line that runs along latitude 39°18′00″ N; and bounded to the west by a line that runs along longitude 074°37′00″ W. 2 ...... June—3rd Saturday Annual Escape from Escape from Fort All waters of the Delaware River between Fort Delaware Delaware Pea Patch Island and Delaware City, Triathlon. Triathlon, Inc. Delaware, bounded by a line connecting the following points: Latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude 39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N, longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude 075°36′33.9″ W. 3 ...... June—Last Saturday Westville Parade of Borough of Westville All waters of Big Timber Creek in Lights. and Westville Westville, NJ from shoreline to shore- Power Boat. line bounded on the south from the Route 130 Bridge and to the north by the entrance of the Delaware River. 4 ...... July—3rd Sunday .... OPA Atlantic City Offshore Perform- The waters of the Atlantic Ocean, adja- Grand Prix. ance Assn. (OPA). cent to Atlantic City, New Jersey, bounded by a line drawn between the following points: Southeasterly from a point along the shoreline at latitude 39°21′50″ N, longitude 074°24′37″ W, to latitude 39°20′40″ N, longitude 074°23′50″ W, thence southwesterly to latitude 39°19′33″ N, longitude 074°26′52″ W, thence northwesterly to a point along the shoreline at latitude 39°20′43″ N, longitude 074°27′40″ W, thence northeasterly along the shoreline to latitude 39°21′50″ N, longitude 074°24′37″ W. 5 ...... July—On or about U.S. holiday celebra- City of Philadelphia .. The waters of the Delaware River, adja- July 4th. tions. cent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

6 ...... August—2nd Friday, Point Pleasant OPA/ Offshore Perform- The waters of the Atlantic Ocean bounded Saturday and Sun- NJ Offshore Grand ance Association by a line drawn from a position along day. Prix. (OPA) and New the shoreline near Normandy Beach, NJ Jersey Offshore at latitude 40°00′00″ N, longitude Racing Assn. 074°03′30″ W, thence easterly to latitude 39°59′40″ N, longitude 074°02′00″ W, thence southwesterly to latitude 39°56′35″ N, longitude 074°03′00″ W, thence westerly to a position near the Seaside Heights Pier at latitude 39°56′35″ N, longitude 074°04′15″ W, thence northerly along the shoreline to the point of origin. 7 ...... July—3rd Wednes- New Jersey Offshore Offshore Perform- The waters of the Manasquan River from day and Thursday. Grand Prix. ance Assn. & New the New York and Long Branch Rail- Jersey Offshore road to Manasquan Inlet, together with Racing Assn. all of the navigable waters of the United States from Asbury Park, New Jersey, latitude 40°14′00″ N; southward to Sea- side Park, New Jersey latitude 39°55′00″ N, from the New Jersey shoreline seaward to the limits of the Territorial Sea. The race course area extends from Asbury Park to Seaside Park from the shoreline, seaward to a distance of 8.4 nautical miles. 8 ...... August—4th Thunder Over the Atlantic City Cham- The waters of the Atlantic Ocean, adja- Wednesday. Boardwalk Air ber of Commerce. cent to Atlantic City, New Jersey, show. bounded by a line drawn between the following points: Southeasterly from a point along the shoreline at latitude 39°21′31″ N, longitude 074°25′04″ W, thence to latitude 39°21′08″ N, longitude 074°24′48″ W, thence southwesterly to latitude 39°20′16″ N, longitude 074°27′17″ W, thence northwesterly to a point along the shoreline at latitude 39°20′44″ N, longitude 074°27′31″ W, thence northeasterly along the shoreline to latitude 39°21′31″ N, longitude 074°25′04″ W. 9 ...... September—3rd Sat- Annual Escape from Escape from Fort All waters of the Delaware River between urday. Fort Delaware Delaware Pea Patch Island and Delaware City, Triathlon. Triathlon, Inc. Delaware, bounded by a line connecting the following points: Latitude 39°36′35.7″ N, longitude 075°35′25.6″ W, to latitude 39°34′57.3″ N, longitude 075°33′23.1″ W, to latitude 39°34′11.9″ N, longitude 075°34′28.6″ W, to latitude 39°35′52.4″ N, longitude 075°36′33.9″ W. 10 ...... September—last Fri- Sunset Lake Sunset Lake All waters of Sunset Lake, New Jersey, day, Saturday and Hydrofest. Hydrofest Assn. from shoreline to shoreline, south of Sunday; October— latitude 38°58′32″ N. first Friday, Satur- day and Sunday. 11 ...... October—2nd Satur- The Liberty Grand Offshore Perform- The waters of the Delaware River, adja- day and Sunday. Prix. ance Assn. (OPA). cent to Philadelphia, PA and Camden, NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 12 ...... October—1st Mon- U.S. holiday celebra- City of Philadelphia .. The waters of the Delaware River, adja- day (Columbus tions. cent to Philadelphia, PA and Camden, Day). NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

13 ...... December—On De- U.S. holiday celebra- City of Philadelphia .. The waters of the Delaware River, adja- cember 31st (New tions. cent to Philadelphia, PA and Camden, Year’s Eve). NJ, from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge.

(b.) Coast Guard Sector Baltimore—COTP Zone

1 ...... March—4th or last Safety at Sea Sem- U.S. Naval Academy All waters of the Severn River from shore- Saturday; or inar.. line to shoreline, bounded to the north- April—1st Satur- west by a line drawn from the south day. shoreline at latitude 39°00′38.9″ N, longitude 076°31′05.2″ W, thence to the north shoreline at latitude 39°00′54.7″ N, longitude 076°30′44.8″ W, this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N, longitude 076°28′49″ W, thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N, longitude 076°28′1.7″ W, thence northeast to Greenbury Point at latitude 38°58′29″ N, longitude 076°27′16″ W. 2 ...... March—last Friday, USNA Crew Races. U.S. Naval Academy All waters of the Severn River from shore- Saturday and Sun- line to shoreline, bounded to the north- day; April and west by a line drawn from the south May—every Fri- shoreline at latitude 39°00′38.9″ N, lon- day, Saturday and gitude 076°31′05.2″ W, thence to the Sunday. north shoreline at latitude 39°00′54.7″ N, longitude 076°30′44.8″ W, this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N, longitude 076°28′49″ W, thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N, longitude 076°28′1.7″ W, thence northeast to Greenbury Point at latitude 38°58′29″ N, longitude 076°27′16″ W. 3 ...... April—2nd Saturday St. Mary’s Seahawk St. Mary’s College of All waters of the St. Mary’s River, from Sprint. Maryland. shoreline to shoreline, bounded to the south by a line at latitude 38°10′05″ N, and bounded to the north by a line at latitude 38°12′00″ N. 4 ...... May—1st Sunday .... Nanticoke River Nanticoke River All waters of the Nanticoke River, includ- Swim and Swim and ing Bivalve Channel and Bivalve Har- Triathlon. Triathlon, Inc. bor, bounded by a line drawn from a point on the shoreline at latitude 38°18′00″ N, longitude 075°54′00″ W, thence westerly to latitude 38°18′00″ N, longitude 075°55′00″ W, thence northerly to latitude 38°20′00″ N, longitude 075°53′48″ W, thence easterly to latitude 38°19′42″ N, longitude 075°52′54″ W.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

5 ...... May—Saturday be- Chestertown Tea Chestertown Tea All waters of the Chester River, within a fore Memorial Day. Party Re-enact- Party Festival. line connecting the following positions: ment Festival. Latitude 39°12′27″ N, longitude 076°03′46″ W; thence to latitude 39°12′19″ N, longitude 076°03′53″ W; thence to latitude 39°12′15″ N, longitude 076°03′41″ W; thence to latitude 39°12′26″ N, longitude 076°03′38″ W; thence to the point of origin at latitude 39°12′27″ N, longitude 076°03′46″ W. 6 ...... May—3rd Friday, Dragon Boat Races Dragon Boat Fes- The waters of the Upper Potomac River, Saturday and Sun- at Thompson tival, Inc. Washington, DC, from shoreline to day. Boathouse, shoreline, bounded upstream by the Georgetown, Francis Scott Key Bridge and down- Washington, DC. stream by the Roosevelt Memorial Bridge. 7 ...... May—Tuesday and Blue Angels Air U.S. Naval Academy All waters of the Severn River from shore- Wednesday before Show. line to shoreline, bounded to the north- Memorial Day (ob- west by a line drawn from the south served). shoreline at latitude 39°00′38.9″ N, longitude 076°31′05.2″ W, thence to the north shoreline at latitude 39°00′54.7″ N, longitude 076°30′44.8″ W, this line is approximately 1,300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N, longitude 076°28′49″ W, thence southeast to a point 700 yards east of Chinks Point, MD at latitude 38°58′1.9″ N, longitude 076°28′1.7″ W, thence northeast to Greenbury Point at latitude 38°58′29″ N, longitude 076°27′16″ W. 8 ...... June—2nd Sunday .. The Great Chesa- Great Chesapeake The waters of the Chesapeake Bay be- peake Bay Bridges Bay Swim, Inc. tween and adjacent to the spans of the Swim Races and William P. Lane Jr. Memorial Bridge Chesapeake Chal- shore to shore 500 yards north of the lenge One Mile north span of the bridge from the west- Swim. ern shore at latitude 39°00′36″ N, longitude 076°23′05″ W and the eastern shore at latitude 38°59′14″ N, longitude 076°20′00″ W, and 500 yards south of the south span of the bridge from the western shore at latitude 39°00′16″ N, longitude 076°24′30″ W and the eastern shore at latitude 38°58′38.5″ N, longitude 076°20′06″ W. 9 ...... June—3rd, 4th or Maryland Swim for District of Columbia The waters of the Chester River from last Saturday or Life. Aquatics Club. shoreline to shoreline, bounded on the July—2nd or 3rd south by a line drawn at latitude Saturday. 39°10′16″ N, near the Chester River Channel Buoy 35 (LLN–26795) and bounded on the north at latitude 39°12′30″ N by the Maryland S.R. 213 Highway Bridge.

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Number Date Event Sponsor Location

10 ...... June—last Saturday Bo Bowman Memo- Virginia/Carolina All waters of the Nanticoke River, near and Sunday. rial—Sharptown Racing Assn. Sharptown, Maryland, between Mary- Regatta. land S.R. 313 Highway Bridge and Nan- ticoke River Light 43 (LLN–24175), bounded by a line drawn between the following points: southeasterly from latitude 38°32′46″ N, longitude 075°43′14″ W, to latitude 38°32′42″ N, longitude 075°43′09″ W, thence northeasterly to latitude 38°33′04″ N, longitude 075°42′39″ W, thence northwesterly to latitude 38°33′09″ N, longitude 075°42′44″ W, thence southwesterly to latitude 38°32′46″ N, longitude 075°43′14″ W. 11 ...... June—3rd, 4th or Thunder on the Nar- Kent Narrows Racing All waters of Prospect Bay enclosed by last Saturday and rows. Assn. the following points: latitude 38°57′52.0″ Sunday or Au- N, longitude 076°14′48.0″ W, to latitude gust—1st Saturday 38°58′02.0″ N, longitude 076°15′05.0″ and Sunday. W, to latitude 38°57′38.0″ N, longitude 076°15′29.0″ W, to latitude 38°57′28.0″ N, longitude 076°15′23.0″ W, to latitude 38°57′52.0″ N, longitude 076°14′48.0″ W. 12 ...... Labor Day weekend Ragin on the River .. Port Deposit, MD, The waters of the Susquehanna River, —Saturday and Chamber of Com- adjacent to Port Deposit, Maryland, Sunday, or Mon- merce. from shoreline to shoreline, bounded on day. the south by the U.S. I–95 fixed highway bridge, and bounded on the north by a line running southwesterly from a point along the shoreline at latitude 39°36′22″ N, longitude 076°07′08″ W, thence to latitude 39°36′00″ N, longitude 076°07′46″ W. 13 ...... September—2nd Dragon Boat Races Associated Catholic The waters of the Patapsco River, Balti- Saturday or the in the Inner Harbor. Charities, Inc. more, MD, Inner Harbor from shoreline Saturday after to shoreline, bounded on the east by a Labor Day. line drawn along longitude 076°36′30″ W. 14 ...... June—3rd, 4th or Baltimore Dragon Baltimore Dragon The waters of the Patapsco River, North- last Saturday or Boat Challenge. Boat Club. west Harbor, in Baltimore, MD, from Sunday. shoreline to shoreline, within an area bounded on the east by a line drawn along longitude 076°35′ W and bounded on the west by a line drawn along longitude 076°36′. 15 ...... September—4th or Cambridge Offshore Chesapeake Bay All waters of the Choptank River, from last Saturday and Challenge. Powerboat Asso- shoreline to shoreline, bounded to the Sunday. ciation. west by the Route 50 Bridge and bounded to the east by a line drawn along longitude 076° W, between Goose Point, MD and Oystershell Point, MD. 16 ...... September—4th or Chesapeakeman Columbia Triathlon All waters of the Choptank River within last Saturday. Ultra Triathlon. Assn. Inc. 200 yards either side of a line drawn northwesterly from a point on the shoreline at latitude 38°33′45″ N, longitude 076°02′38″ W, thence to latitude 38°35′06″ N, longitude 076°04′42″ W, a position located at Great Marsh Park, Cambridge, MD. 17 ...... October—last Satur- Tug of War ...... City of Annapolis ..... The waters of Spa Creek from shoreline day or Novem- to shoreline, extending 400 feet from ei- ber—1st Saturday. ther side of a rope spanning Spa Creek from a position at latitude 38°58′36.9″ N, longitude 076°29′03.8″ W on the An- napolis shoreline to a position at latitude 38°58′26.4″ N, longitude 076°28′53.7″ W on the Eastport shoreline.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

18 ...... December—2nd Sat- Eastport Yacht Club Eastport Yacht Club The approaches to Annapolis Harbor, the urday. Boat Parade. waters of Spa Creek, and the Severn River, shore to shore, bounded on the south by a line drawn from Carr Point, at latitude 38°58′58.0″ N, longitude 076°27′40.0″ W, thence to Horn Point Warning Light (LLNR 17935), at 38°58′24.0″ N, longitude 076°28′10.0″ W, thence to Horn Point, at 38°58′20.0″ N, longitude 076°28′27.0″ W, and bounded on the north by the State Route 450 Bridge. 19 ...... Memorial Day week- Air Expo ...... U.S. Naval Air Sta- All waters of the lower Patuxent River, end—Thursday, tion Patuxent near Solomons, Maryland, located be- Friday, Saturday River, MD. tween Fishing Point and the base of the and Sunday, or break wall marking the entrance to the Labor Day week- East Seaplane Basin at Naval Air Sta- end—Thursday, tion Patuxent River, within an area Friday, Saturday bounded by a line connecting position and Sunday. latitude 38°17′39″ N, longitude 076°25′47″ W; thence to latitude 38°17′47″ N, longitude 076°26′00″ W; thence to latitude 38°18′09″ N, longitude 076°25′40″ W; thence to latitude 38°18′00″ N, longitude 076°25′25″ W, located along the shoreline at U.S. Naval Air Station Patuxent River, Mary- land, and All waters of the lower Patux- ent River, near Solomons, Maryland, located between Hog Point and Cedar Point, within an area bounded by a line drawn from a position at latitude 38°18′41″ N, longitude 076°23′43″ W; to latitude 38°18′16″ N, longitude 076°22′35″ W; thence to latitude 38°18′12″ N, longitude 076°22′37″ W; thence to latitude 38°18′36″ N, longitude 076°23′46″ W, located adjacent to the shoreline at U.S. Naval Air Sta- tion Patuxent River, Maryland. 20 ...... March 24, 2012, USNA Crew Races .. U.S. Naval Academy All waters of the Severn River from shore- April 14, 2012 and line to shoreline, bounded to the north- April 21, 2012. west by a line drawn from the south shoreline at latitude 39°00′38.9″ N., longitude 076°31′05.2″ W. thence to the north shoreline at latitude 39°00′54.7″ N., longitude 076°30′44.8″ W., this line is approximately 1300 yards northwest of the U.S. 50 fixed highway bridge. The regulated area is bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W. thence southeast to a point 700 yards east of Chinks Point, MD, at latitude 38°58′1.9″ N., longitude 076°28′1.7″ W. thence northeast to Greenbury Point at latitude 38°58′29″ N., longitude 076°27′16″ W.

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Number Date Event Sponsor Location

21 ...... July 14 and 15, 2012 Bo Bowman Memo- Virginia/Carolina All waters of the Nanticoke River, near rial—Sharptown Racing Assn. Sharptown, Maryland, between Mary- Regatta. land S.R. 313 Highway Bridge and Nan- ticoke River Light 43 (LLN–24175), bounded by a line drawn between the following points: southeasterly from latitude 38°32′46″ N, longitude 075°43′14″ W, to latitude 38°32′42″ N, longitude 075°43′09″ W, thence northeasterly to latitude 38°33′04″ N, longitude 075°42′39″ W, thence northwesterly to latitude 38°33′09″ N, longitude 075°42′44″ W, thence southwesterly to latitude 38°32′46″ N, longitude 075°43′14″ W. 22 ...... June 9 and 10, 2012 Thunder on the Nar- Kent Narrows Racing All waters of Prospect Bay enclosed by rows. Association. the following points: Latitude 38°57′52.0″ N, longitude 076°14′48.0″ W, to latitude 38°58′02.0″ N, longitude 076°15′05.0″ W, to latitude 38°57′38.0″ N, longitude 076°15′29.0″ W, to latitude 38°57′28.0″ N, longitude 076°15′23.0″ W, to latitude 38°57′52.0″ N, longitude 076°14′48.0″ W.

(c.) Coast Guard Sector Hampton Roads—COTP Zone

1 ...... April—3rd Saturday Hydroplane races .... Virginia Boat Racing All waters of the Western Branch, Eliza- and Sunday. Assn. beth River bounded by a line connecting the following points: latitude 36°50′06″ N, longitude 076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W, thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin. 2 ...... April—4th Friday and Crawford Bay Crew Port Events, Inc...... The waters of the Southern Branch, Eliza- Saturday. Classic. beth River from shoreline to shoreline bounded to the south by a line drawn from latitude 36°49′11.0″ N, longitude 076°17′33.0″ W to latitude 36°49′11.0″ N, longitude 076°17′22.0″ W and bounded to the north by a line drawn from latitude 36°50′17.5″ N, longitude 076°17′45.0″ W to latitude 36°50′17.5″ N, longitude 076°17′30.0″ W. 3 ...... April—4th Saturday Wet Spring Regatta Windsurfing Enthu- The waters of Willoughby Bay contained and Sunday. siasts of Tidewater. within the following coordinates: latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N, longitude 076°18′00″ W, to latitude 36°57′49″ N, longitude 076°18′14″ W, to latitude 36°57′36″ N, longitude 076°17′55″ W, to latitude 36°57′26″ N, longitude 076°18′06″ W, to latitude 36°58′15″ N, longitude 076°19′08″ W, to latitude 36°58′36″ N, longitude 076°18′42″ W. 4 ...... May—2nd Friday Hydroplane races .... Virginia Boat Racing Regulated area includes all waters of the and Saturday. Assn. Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′06″ N, longitude 076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W, thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

5 ...... May—last Friday, Blackbeard Festival Hampton Event Mak- The waters of Sunset Creek and Hampton Saturday and Sun- ers. River shore to shore bounded to the day or June—1st north by the C&O Railroad Bridge and Friday, Saturday to the south by a line drawn from and Sunday. Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 76°20′26.0″ W, to the finger pier across the river at Fisherman′s Wharf, located at latitude 37°01′01.5″ N, longitude 76°20′32.0″ W. Spectator Vessel Anchorage Areas—Area A: Located in the upper reaches of the Hampton River, bounded to the south by a line drawn from the western shore at latitude 37°01′48.0″ N, longitude 76°20′22.0″ W, across the river to the eastern shore at latitude 37°01′44.0″ N, longitude 76°20′13.0″ W, and to the north by the C&O Railroad Bridge. The anchorage area will be marked by orange buoys. Area B: Located on the eastern side of the channel, in the Hampton River, south of the Queen Street Bridge, near the Riverside Health Center. Bounded by the shoreline and a line drawn between the following points: Latitude 37°01′26.0″ N, longitude 76°20′24.0″ W, latitude 37°01′22.0″ N, longitude 76°20′26.0″ W, and latitude 37°01′22.0″ N, longitude 76°20′23.0″ W. The anchorage area will be marked by orange buoys.

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Number Date Event Sponsor Location

6 ...... June—1st Friday, Norfolk Harborfest ... Norfolk Festevents, The waters of the Elizabeth River and its Saturday and Sun- Ltd.. branches from shore to shore, bounded day or 2nd Friday, to the northwest by a line drawn across Saturday and Sun- the Port Norfolk Reach section of the day. Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the easternmost pier at the Tide- water Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Ports- mouth Lightship Museum located at the foot of London Boulevard, in Ports- mouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Ship- building & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Eliz- abeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 7 ...... May—Last Saturday Ocean City Maryland Offshore Perform- The waters of the Atlantic Ocean com- and Sunday. Offshore Grand ance Assn. Rac- mencing at a point on the shoreline at Prix. ing, LLC. latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude 38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W, thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W, thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″ W, thence westerly to a position near the shoreline at latitude 38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the shoreline to the point of origin.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

8 ...... June—3rd Saturday Cock Island Race .... Ports Events, Inc. .... The waters of the Elizabeth River and its branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Ports- mouth Lightship Museum located at the foot of London Boulevard, in Ports- mouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Ship- building & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Eliz- abeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 9 ...... June—last Saturday RRBA Spring Radar Rappahannock River The waters of the Rappahannock River, Shootout. Boaters Associa- adjacent to Layton, VA, from shoreline tion (RRBA). to shoreline, bounded on the west by a line running along longitude 076°58′30″ W, and bounded on the east by a line running along longitude 076°56′00″ W. 10 ...... July—3rd Sunday .... Watermen’s Heritage Watermen’s Museum The waters of the York River, Yorktown, Festival Workboat of Yorktown, VA. Virginia, bounded on the west by a line Races. drawn along longitude 076°31′25″ W, bounded on the east by a line drawn along longitude 076°30′55″ W, bounded on the south by the shoreline and bounded on the north by a line drawn parallel and 400 yards north of the southern shoreline. 11 ...... July—last Wednes- Pony Penning Swim Chincoteague Volun- The waters of Assateague Channel from day and following teer Fire Depart- shoreline to shoreline, bounded to the Friday. ment. east by a line drawn from latitude 37°55′01″ N, longitude 075°22′40″ W, to latitude 37°54′50″ N, longitude 075°22′46″ W, and to the west by a line drawn from latitude 37°54′54.0″ N, longitude 075°23′00″ W, to latitude 37°54′49″ N, longitude 075°22′49″ W.

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Number Date Event Sponsor Location

12 ...... August—1st Friday, Power boat race ...... East Coast Boat The waters of the Chesapeake Bay, along Saturday and Sun- Racing Club of the shoreline adjacent to Cape Charles, day. New Jersey. Virginia, to and including waters up to 300 yards offshore, parallel with the Cape Charles Beach shoreline in this area. The area is bounded on the south by a line running northwesterly from the Cape Charles shoreline at latitude 37°16′.2″ N, longitude 076°01′28.5″ W, to a point offshore approximately 300 yards at latitude 37°16′3.4″ N, longitude 076°01′36.6″ W, and bounded on the north by a line running northwesterly from the Cape Charles shoreline at latitude 37°16′26.2″ N, longitude 076°01′14″ W, to a point offshore approximately 300 yards at latitude 37°16′28.9″ N, longitude 076°01′24.1″ W. 13 ...... August—2nd Friday, Hampton Cup Re- Virginia Boat Racing The waters of Mill Creek, adjacent to Fort Saturday and Sun- gatta. Association. Monroe, Hampton, Virginia, enclosed by day. the following boundaries: To the north, a line drawn along latitude 37°01′00″ N, to the east a line drawn along longitude 076°18′30″ W, to the south a line parallel with the shoreline adjacent to Fort Monroe, and the west boundary is parallel with the Route 258—Mercury Bou- levard Bridge. 14 ...... September—2nd Fri- Ocean City, MD Offshore Perform- The waters of the Atlantic Ocean com- day and Saturday. power boat race. ance Assn. Rac- mencing at a point on the shoreline at ing, LLC. latitude 38°25′42″ N, longitude 075°03′06″ W; thence east southeast to latitude 38°25′30″ N, longitude 075°02′12″ W, thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N, longitude 075°03′48″ W; thence west northwest to the shoreline at latitude 38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′25.2″ N, longitude 075°03′49.4″ W, thence easterly to latitude 38°22′00.4″ N, longitude 075°02′34.8″ W, thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″ W, thence westerly to a position near the shoreline at latitude 38°20′05″ N, longitude 075°04′48.4″ W, thence northerly along the shoreline to the point of origin. 15 ...... September—2nd Fri- Hampton Bay Days Hampton Bay Days The waters of Sunset Creek and Hampton day, Saturday and Festival. Inc.. River shore to shore bounded to the Sunday. north by the C & O Railroad Bridge and to the south by a line drawn from Hampton River Channel Light 16 (LL 5715), located at latitude 37°01′03.0″ N, longitude 076°20′26.0″ W, to the finger pier across the river at Fisherman’s Wharf, located at latitude 37°01′01.5″ N, longitude 076°20′32.0″ W.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

16 ...... October—1st Satur- Virginia Boat Racing Clarksville Hydro- The waters of the John H. Kerr Reservoir, day and Sunday. Association. plane Challenge. adjacent to the State Route 15 Highway Bridge and Occoneechee State Park, Clarksville, Virginia, from shoreline to shoreline, bounded on the south by a line running northeasterly from a point along the shoreline at latitude 36°37′14″ N, longitude 078°32′46.5″ W, thence to latitude 36°37′39.2″ N, longitude 078°32′08.8″ W, and bounded on the north by the State Route 15 Highway Bridge. 17 ...... October—2nd Friday U.S. Navy Fleet U.S. Navy ...... The waters of the Elizabeth River and its Week Celebration. branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Ports- mouth Lightship Museum located at the foot of London Boulevard, in Ports- mouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Ship- building & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Eliz- abeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 18 ...... October—2nd Satur- Hydroplane races .... Virginia Boat Racing Regulated area includes all waters of the day and Sunday. Assn. Western Branch, Elizabeth River bounded by a line connecting the following points: latitude 36°50′06″ N, longitude 076° 22′27″ W, thence to latitude 36°50′06″ N, longitude 076° 21′57″ W, thence to latitude 36°50′15″ N, longitude 076° 21′55.8″ W, thence to latitude 36°50′15″ N, longitude 076° 22′27″ W, thence to point of origin. 19 ...... October—2nd Sun- Poquoson Seafood City of Poquoson ..... The waters of the Back River, Poquoson, day. Festival Workboat Virginia, bounded on the north by a line Races. drawn along latitude 37°06′30″ N, bounded on the south by a line drawn along latitude 37°06′15″ N, bounded on the east by a line drawn along longitude 076°18′52″ W and bounded on the west by a line drawn along longitude 076°19′30″ W.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

20 ...... October—last Satur- Hampton Roads Windsurfing Enthu- The waters of Willoughby Bay contained day and Sunday. Sailboard Classic. siasts of Tidewater. within the following coordinates: latitude 36°58′36″ N, longitude 076°18′42″ W, to latitude 36°58′00″ N, longitude 076°18′00″ W, to latitude 36°57′49″ N, longitude 076°18′14″ W, to latitude 36°57′36″ N, longitude 076°17′55″ W, to latitude 36°57′26″ N, longitude 076°18′06″ W, to latitude 36°58′15″ N, longitude 076°19′08″ W, to latitude 36°58′36″ N, longitude 076°18′42″ W. 21 ...... November—1st Fri- International Search U.S. Coast Guard The waters of the Southern Branch of the day and Saturday. and Rescue Com- and Canadian Elizabeth River including the North petition. Auxiliaries. Ferry Landing, from shoreline to shoreline, bounded to the north by a line drawn along Latitude 36°50′23″ N and bounded to the south by a line drawn along Latitude 36°50′12″ N. 22 ...... November—4th or Holidays in the City Norfolk Festevents, The waters of the Elizabeth River and its last Saturday. Ltd. branches from shore to shore, bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.0″ N, longitude 076°18′09.0″ W and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue located at latitude 36°51′00.0″ N, longitude 076°17′52.0″ W; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Ports- mouth Lightship Museum located at the foot of London Boulevard, in Ports- mouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Ship- building & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Eliz- abeth River between Berkley at latitude 36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. 23 ...... August—3rd Satur- Mattaponi Drag Boat Mattaponi Volunteer All waters of Mattaponi River immediately day and Sunday or Race. Rescue Squad adjacent to Rainbow Acres Camp- 4th Saturday and and Dive Team. ground, King and Queen County, Vir- Sunday. ginia. The regulated area includes a section of the Mattaponi River approximately three-quarter mile long and bounded in width by each shoreline, bounded to the east by a line that runs parallel along longitude 076°52′43″ W, near the mouth of Mitchell Hill Creek, and bounded to the west by a line that runs parallel along longitude 076°53′41″ W just north of Wakema, Virginia.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

(d.) Coast Guard Sector North Carolina—COTP Zone

1 ...... June—1st Saturday Carolina Cup Re- Virginia Boat Racing The waters of the Pasquotank River, adja- and Sunday. gatta. Assn. cent to Elizabeth City, NC, from shoreline to shoreline, bounded on the west by the Elizabeth City Draw Bridge and bounded on the east by a line originating at a point along the shoreline at latitude 36°17′54″ N, longitude 076°12′00″ W, thence southwesterly to latitude 36°17′35″ N, longitude 076°12′18″ W at Cottage Point. 2 ...... August—1st Friday, SBIP—Fountain Super Boat Inter- The waters of the Pamlico River including Saturday and Sun- Powerboats Kilo national Produc- Chocowinity Bay, from shoreline to day. Run and Super tions (SBIP), Inc. shoreline, bounded on the south by a Boat Grand Prix. line running northeasterly from Camp Hardee at latitude 35°28′23″ N, longitude 076°59′23″ W, to Broad Creek Point at latitude 35°29′04″ N, longitude 076°58′44″ W, and bounded on the north by the Norfolk Southern Railroad Bridge. 3 ...... September—3rd and Crystal Coast Super Super Boat Inter- The waters of Bogue Sound, adjacent to or 4th or last Sun- Boat Grand Prix. national Produc- Morehead City, NC, from the southern day. tions Inc. tip of Sugar Loaf Island approximate position latitude 34°42′55″ N, longitude 076°42′48″ W, thence westerly to More- head City Channel Day beacon 7 (LLNR 38620), thence southwest along the channel line to Bogue Sound Light 4 (LLRN 38770), thence southerly to Causeway Channel Day beacon 2 (LLNR 38720), thence southeasterly to Money Island Day beacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina Day beacon 2 (LLNR 38685), thence easterly to the western most shoreline of Brant Island approximate position latitude 34°42′36″ N, longitude 076°42′11″ W, thence northeasterly along the shoreline to Tombstone Point approximate position latitude 34°42′14″ N, longitude 076°41′20″ W, thence southeasterly to the east end of the pier at Coast Guard Sector North Carolina approximate position latitude 34°42′00″ N, longitude 076°40′52″ W, thence easterly to Morehead City Chan- nel Buoy 20 (LLNR 29427), thence northerly to Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to the southern tip of Radio Is- land approximate position latitude 34°42′22″ N, longitude 076°40′52″ W, thence northerly along the shoreline to approximate position latitude 34°43′00″ N, longitude 076°41′25″ W, thence westerly to the North Carolina State Port Facility, thence westerly along the State Port to the southwest corner approximate position latitude 34°42′55″ N, longitude 076°42′12″ W, thence westerly to the southern tip of Sugar Loaf Is- land the point of origin.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983.]

Number Date Event Sponsor Location

4 ...... September—3rd, 4th Wilmington YMCA Wilmington, NC, The waters of, and adjacent to, or last Saturday; Triathlon. YMCA. Wrightsville Channel, from Wrightsville October—last Sat- Channel Day beacon 14 (LLNR 28040), urday; Novem- located at 34°12′18″ N, longitude ber—1st and or 077°48′10″ W, to Wrightsville Channel 2nd Saturday. Day beacon 25 (LLNR 28080), located at 34°12′51″ N, longitude 77°48′53″ W.

[USCG–2011–0106, 77 FR 2632, Jan. 19, 2012, as amended by USCG–2012–0071, 77 FR 14962, Mar. 14, 2012]

EFFECTIVE DATE NOTE: By USCG–2012–0071, 77 FR 14962, Mar. 14, 2012, § 100.501 was amended in the table by suspending lines No. (b.)2, No. (b.)10, and No. (b.)11; and by adding lines (b.)20, (b.)21, and (b.)22, effective Mar. 24, 2012 through July 15, 2012.

§ 100.701 Special Local Regulations; vessel, a vessel in these areas shall im- Marine Events in the Seventh Coast mediately comply with the directions Guard District given. Failure to do so may result in The following regulations apply to expulsion from the area, citation for the marine events listed in Table 1 of failure to comply, or both. this section. These regulations will be (2) The Coast Guard Patrol Com- effective annually, for the duration of mander may terminate the event, or each event listed in Table 1. Annual no- the operation of any vessel partici- tice of the exact dates and times of the pating in the event, at any time it is effective period of the regulation with deemed necessary for the protection of respect to each event, the geographical life or property. area, and details concerning the nature (3) Only event sponsor designated of the event and the number of partici- participants and official patrol vessels pants and type(s) of vessels involved are allowed to enter the regulated area. will also be published in the local no- (4) Spectators are only allowed inside tice to mariners and broadcast over the regulated area if they remain with- VHF. in a designated spectator area. Spec- (a) Definitions. The following defini- tators may contact the Coast Guard tions apply to this section: Patrol Commander to request permis- Patrol Commander. A Patrol Com- sion to pass through the regulated mander is a commissioned, warrant, or area. If permission is granted, spec- petty officer of the Coast Guard who tators must pass directly through the has been designated by the respective regulated area at safe speed and with- Coast Guard Sector Commander to en- out loitering. force these regulations. (d) Contact Information. Questions Spectators. All persons and vessels not about marine events should be ad- registered with the event sponsor as dressed to the local Coast Guard Cap- participants or official patrol vessels. tain of the Port for the area in which (b) Event Patrol. The Coast Guard the event is occurring. Contact infor- may assign an event patrol, as de- mation is listed below. For a descrip- scribed in § 100.40 of this part, to each tion of the geographical area of each regulated event listed in the table. Ad- Captain of the Port zone, please see ditionally, a Patrol Commander may subpart 3.35 of this chapter. be assigned to oversee the patrol. The (1) Captain of the Port Charleston, event patrol and Patrol Commander South Carolina: (843) 724–7616. may be contacted on VHF Channel 16. (2) Captain of the Port Savannah, (c) Special Local Regulations. (1) The Georgia: (912) 652–4353. Coast Guard Patrol Commander may (3) Captain of the Port Jacksonville, forbid and control the movement of all Florida: (904) 247–7318. vessels in the regulated area(s). When (4) Captain of the Port Miami, Flor- hailed or signaled by an official patrol ida: (305) 535–8701.

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(5) Captain of the Port Key West, this part apply to all events listed in Florida: (305) 292–8779. Table 1. For information on applying (6) Captain of the Port Sector St. Pe- for a marine event, contact the Captain tersburg, Florida: (727) 824–7506. of the Port for the area in which the (7) Captain of the Port San Juan, event will occur, at the phone numbers Puerto Rico: (787) 289–2041. listed above. (e) Application for Marine Events. The application requirements of § 100.15 of

TABLE 1 TO SEC. 100.701

Date Event Sponsor Location

COTP Zone Miami

January—1st week- Levin Memorial Re- Biscayne Bay Star Biscayne Bay, 2.3 nautical miles offshore from the Coral end. gatta. Fleet. Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′30″ W no closer than 500 feet from each vessel. Fort Lauderdale Lauderdale Yacht Atlantic Ocean .5 nautical mile offshore from .5 nautical mile Boomerang Re- Club. south of the Port Everglades Channel to 4 nautical miles gatta. south of the Port Everglades offshore of West Lake, Port Everglades, Florida no closer than 500 feet from each vessel. January—3rd week- Rolex Miami Olym- U.S. Sailing & U.S. Southern Biscayne Bay inside of an area from the Ricken- end. pic Sailing Race. Olympic Sailing backer Causeway southwest to Snapper Creek Canal Center. south to Latitude 25°32′00″ N east to Soldier Key and northeast to a position approximately 1 nautical mile east of Cape Florida, northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 feet from each vessel. February—1st week- Commodore Rasco Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- end. Snipe Class Re- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur- gatta. face to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W no closer than 500 feet from each vessel. March—1st week, Bacardi Cup ...... Biscayne Bay Star All waters within 1.5 nautical miles of the following center Monday–Friday. Fleet. point: 25°38′16″ N Latitude; 080°13′14″ W Longitude, in southern Biscayne Bay, Miami, Florida. March—2nd week- Lightenings Coral Reef Yacht Biscayne Bay, 2.3 nautical miles offshore from the Coral end, Saturday and Midwinter’s. Club. Bay, Florida; All waters from the surface to the bottom for Sunday. a radius of 1.7NM centered around position 25°39′6″ N, 080°13′5″ W no closer than 500 feet from each vessel. March—2nd week- Don Q Rum Snipe Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- end. Class Regatta. Sailing Club. ing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W no closer than 500 feet from each vessel. March—2nd week- Coral Cup ...... Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- end, Saturday and Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur- Sunday. face to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W. March—last week- Shake-A-Leg Mid Shake-A-Leg Foun- All waters of Biscayne Bay, from the Rickenbacker Cause- end. Winter Regatta. dation. way south to Latitude 25°32′00″ N, Miami, Florida no closer than 500 ft from each vessel. April—2nd or 3rd Miami to Key Largo Miami Yacht Club Biscayne Bay and Intracoastal Waterway from the Ricken- weekend. Race. Youth Sailing backer Causeway in Miami, Florida to Key Biscayne to Foundation. Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. April—2nd weekend Florida State Opti- Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- mists Champion- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur- ship Regatta. face to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W. April—2nd weekend, Fort Lauderdale Air/ Super Boat Inter- Atlantic Ocean offshore Fort Lauderdale, Florida within an Saturday and Sun- Sea Show Super national Produc- area 500 yards wide 300 yards offshore from 1,500 yards day. Boat Grand Prix. tions, Inc. north of the Port Everglades Channel north for 4 nautical miles (600 yards north of the Oakland Park Beach Blvd). April—3rd weekend Miami Super Boat Super Boat Inter- Offshore Miami Beach, Florida, including the area within a Grand Prix. national Produc- line joining the following points: 25°46′18″ N, 080°07′51″ tions, Inc. W; thence to, 25°46′18″ N, 080°06′49″ W; thence to, 25°51′18″ N, 080°06′12″ W; thence to, 25°51′18″ N, 080°07′11″ W; thence along the shoreline to the starting point.

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Date Event Sponsor Location

April—last Saturday Sunfest Fireworks.. Pyro Shows, Inc..... Intracoastal Waterway in West Palm Beach between Banyon St and Lakeview; All waters from the surface to the bottom for a radius of 1000ft centered around position Ave in position 26°42′34″ N, 080°02′47″ W. Vero Beach Yacht Blessing of the North Fork and St Lucie River, Florida no closer than 500 Club Blessing of Fleet. feet from each vessel. the Fleet. April, May, and Hollywood Super Super Boat Inter- Atlantic Ocean offshore Hallandale Beach, Florida in an June—1st week- Boat Grand Prix. national Produc- area 400 yards wide approximately 200 yards offshore end. tions, Inc. from the Hallandale Beach tank to approximately 1 nautical mile south of the Dania Town Canal. May—1st weekend .. C-Gull Cup ...... Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W. Fort Lauderdale Air Fort Lauderdale Atlantic Ocean offshore Fort Lauderdale, Florida within an & Sea Show. Parks and Recre- area 500 yards wide 300 yards offshore from 1,500 yards ation. north of the Port Everglades Channel north for 4 nautical miles (600 yards north of the Oakland Park Beach Blvd). May—3rd weekend Pompano Beach Pompano Beach 14th St Bridge to Sunrise Bay, Florida. Power Squadron Power Squadron. Safe Boat Parade. May—last weekend Goombay Regatta .. Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′8″ W no closer than 500 feet from each vessel. July 4th ...... American Legion Add-Fire Fireworks, Biscayne Bay, approx 400 ft offshore of Legion Picnic Is- Fourth of July. Inc.. land, Miami, Florida in approx position 25°50′02″ N, 080°10′24″ W. Fort Lauderdale Colonial Fireworks 1⁄2 NM offshore at Las Olas Blvd., Fort Lauderdale, Florida. Fourth of July. Fort Lauderdale Colonial Fireworks Intracoastal Waterway in front of the Fort Lauderdale Yacht Yacht Club Club, Fort Lauderdale, Florida. Fourth of July. City of Stuart Creative Fireworks Intracoastal Waterway in front of Stuart City Hall, Stuart, Fourth of July. Co.. Florida. Bayfront Park Firepower Displays All waters within a 1680 foot radius around approximate po- Fourth of July. sition 25°46′30″ N, 080°10′54″ W, in Biscayne Bay, FL. Coral Reef Yacht Firepower Displays 700 ft offshore from Vizcaya in Biscayne Bay, Miami, Flor- Club Fourth of ida. July. Fisher’s Island Firepower Displays Offshore 840 ft from Fisher Island, Florida. Fourth of July. Miami Beach Fourth Firepower Displays 840 ft offshore from Atlantic Heights, Miami Beach, Florida. of July. Village of Key Bis- Firepower Displays 1500 ft offshore from Key Biscayne in Biscayne Bay, Miami, cayne Fourth of Florida. July. Viscayans Fourth of Firepower Displays 700 ft offshore from Viscaya in Biscayne Bay, Miami, Flor- July. ida. Delray Beach Fireworks by Atlantic Ocean, 1,000 ft offshore from Delray Beach, Flor- Fourth of July. Grucci, Inc. ida; All waters from the surface to the bottom for a radius of 840 feet centered around position 26°27′41″ N, 080°03′11″ W. Boynton Beach Melrose South Py- All waters from the surface to the bottom, for 840 ft out in Fourth of July. rotechnics. all directions from approximate position 26°32′52″ N, 080°02′54″ W. City of Hollywood Melrose South Py- Atlantic Ocean, 1,000 ft offshore from Hollywood, Florida; Fourth of July. rotechnics. All waters from the surface to the bottom for a radius of 840 feet centered around position 26°01′19″ N, 080°06′39″ W Riviera Beach Sparktacular Fire- All waters within a 1400 foot diameter around approximate Fourth of July. works. position 26°42′26″ N, 080°02′28″ W. Town of Lantana Zambelli Fireworks All waters within an 840 foot diameter in approximate posi- Fourth of July. tion 26°35′13″ N, 080°02′50″ W. West Palm Beach Zambelli Fireworks All waters within a 1400 foot diameter of approximate posi- Fourth of July. tion 26°42′26″ N, 080°02′28″ W.

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TABLE 1 TO SEC. 100.701—Continued

Date Event Sponsor Location

July—1st weekend .. Commodore’s Cup Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail- Regatta. Sailing Club. ing Club, Coconut Grove, Florida; All waters from the surface to the bottom for a radius of 1NM centered around position 25°41′42″ N, 080°13′00″ W no closer than 500 feet from each vessel. July—2nd weekend Dania Beach / Hol- Super Boat Inter- Waters offshore of Hollywood Beach within an area located lywood Super national Produc- 300 yards offshore from North Lake north to Dania Cutoff Boat Race. tions, Inc. Canal going offshore aproximately 650 yards. August—3rd week- Conch Cup Regatta Miami Yacht Club .. Biscayne Bay from the Rickenbacker Causeway south in end. the Intracoastal Waterway to the Cape Florida Channel, east around Key Biscayne and north to the Miami Chan- nel entrance, Miami, Florida no closer than 500 feet from each vessel. October—1st week- Columbus Day Re- Columbus Day Re- Southern Biscayne Bay inside of an area from 1 nautical end. gatta. gatta, Inc. mile south of the Rickenbacker Causeway and 1 nautical mile east of Deering Channel southwest to Snapper Creek Canal south to a point half between Soldier Key and Lewis Cut west to the chain of islands south of Sol- dier Key and north to 1 nautical mile south of Ricken- backer Causeway, Miami, Florida. Deerfield Beach Super Boat Inter- Atlantic Ocean within an area 500 yards wide approximately Super Boat Na- national Produc- 500 yards offshore Deerfield Beach, FL from 2 miles tional Champion- tions, Inc. north of Hillsboro Inlet to .5 mile south of Boca Raton ship. Inlet. October—2nd week- Miami Kayak Chal- Cystic Fibrosis All waters of Biscayne Bay from Lummus Island Cut to the end. lenge. Foundation. Rickenbacker Causeway, Miami, Florida. November—2nd Keely Perpetual Biscayne Bay Yacht Biscayne Bay within an area from the Dinner Key Channel weekend, Satur- Trophy Regatta. Club. to Biscayne National Park Marker ‘‘B’’ to Cutter Channel day and Sunday. Mark ‘‘2’’ to Biscayne National Park Marker ‘‘C’’ to West Featherbead Bank Channel Marker ‘‘3’’ to West Feath- erbed Bank Channel Marker ‘‘5’’ to Elliot Key Biscayne National Park Anchorage, Miami, Florida no closer than 500 feet from each vessel. November—2nd or Matheson Perpetual Biscayne Bay Yacht Biscayne Bay within an area from the Dinner Key Channel 3rd weekend. Trophy Regatta. Club. to Biscayne National Park Marker ‘‘B’’ to Cutter Channel Mark ‘‘2’’ to Biscayne National Park Marker ‘‘C’’ to West Featherbead Bank Channel Marker ‘‘3’’ to West Feath- erbed Bank Channel Marker ‘‘5‘‘ to Elliot Key Biscayne National Park Anchorage, Miami, Florida no closer than 500 feet from each vessel. November—2nd PHRF SE Florida Coconut Grove Biscayne Bay, 2.3 nautical miles offshore from the Coral weekend. Championship. Sailing Club. Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′30″ W no closer than 500 feet from each vessel. Viscayan’s Ball ...... Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium, Miami, Florida. December 31st ...... Bayside New Years Add-Fire Fireworks, All waters within a 1680 foot radius around a barge in posi- Inc. tion 25°46′30″ N, 080°10′54″ W. Fisher Island New Add-Fire Fireworks, 1000 ft offshore east of Fisher Island, Florida. Years. Inc. Hillsboro New Add-Fire Fireworks, 100 yds North of Hillsboro Inlet, Florida. Years Fireworks. Inc. Indian Riverside Add-Fire Fireworks, 1200 ft east of Indian Riverside Park, Jensen Beach, Flor- Park New Years. Inc. ida. Greater Miami New Firepower Displays 1200 ft offshore from Bayfront Park, Miami Harbor, Miami, Years. Florida. Viscayan’s New Firepower Displays 840 ft offshore from Viscaya, Miami, Florida. Years. December—3rd Pompano Beach Pompano Beach Intracoastal Waterway in Pompano Beach, Florida, from weekend. Boat Parade. Boat Parade Lake Santa Barbara to Hillsboro Blvd Bridge. Committee. December—1st Commodore’s Cup Biscayne Bay Star Biscayne Bay, 2.3 nautical miles offshore from the Coral weekend. Fleet. Bay, Florida; All waters from the surface to the bottom for a radius of 1.7NM centered around position 25°39′6″ N, 080°13′30″ W no closer than 500 feet from each vessel. Kiwanis of Little Ha- Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium, vana Christmas. Miami, Florida. Holiday Boat Pa- Marine Industrial Port of Palm Beach Turning Basin and the Intracoastal Wa- rade of the Palm Association of terway extending south from Lake Worth South LT 1 Beaches. Palm Beach (LLNR 42170) to Lake Worth South Daybeacon 23 (LLNR County. 42300).

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TABLE 1 TO SEC. 100.701—Continued

Date Event Sponsor Location

Martin County Marine Industries All waters of the North and South Fork’s of the St Lucie Christmas Boat Association. River in Stuart, Florida, starting on the north side of the Parade. State Road 60 Bridge going south to Hutchinson Island and circling back north to the State Road 60 Bridge and ending past the City of Stuart Municipal Marina. December—2nd or Seminole Hard Winterfest, Inc ...... All waters of the Intracoastal Waterway from the Port Ever- 3rd weekend. Rock Winterfest glades turning basin to the Pompano Beach Daybeacon Boat Parade. 74 (LLNR 47230). December—2nd Piana Cup Regatta Biscayne Bay Yacht Biscayne Bay, 2.3 nautical miles offshore from the Mathe- weekend. Club. son Hammock County Park, Florida; All waters from the surface to the bottom for a radius of 1.5NM centered around position 25°39′54″ N, 080°13′12″ W no closer than 500 feet from each vessel. Boynton / Delray Kiwanis Club Delray Intracoastal Waterway from marker #46 in Boynton Beach, Beach Christmas Beach. Florida to C–15 Canal in Delray Beach, Florida Boat Parade. St Lucie Christmas Marine Industrial All waters of the Intracoastal Waterway and Taylor Creek in Boat Parade. Association. Fort Pierce, Florida, starting in the Fort Pierce turning basin and inlet area going to Taylor Creek and the Intra- coastal Waterway between the North Causeway Bridge and the South Causeway Bridge. Miami Outboard Miami Outboard Biscayne Bay from the Miami Outboard Club on Watson Is- Club Christmas Club. land starting from in between the MacArthur Causeway Boat Parade. and Palm Island heading west around Palm Island and Hibiscus Island, heading east between Di Lido Island, heading east around the monument, south through Meloy Channel, west in Government Cut to Bicentennial Park, south to the Dodge Island Bridge, south in the Intra- coastal Waterway to Claughton Island, circling back to the north in the Intracoastal Waterway to Watson Island, around the Island on the north side to Miami Outboard Club no closer than 500 feet from each vessel. Boca Raton Holiday City of Boca Raton Moving zone in New River and Intracoastal Waterway, Fort Boat Parade. Lauderdale, Florida; from the C15 Canal in Fort Lauder- dale to Hillsboro Inlet with 500 feet ahead of the lead parade vessel and 500 feet astern of the last participating parade vessel or within 50 feet on either side of the parade. December—4th Orange Bowl Youth Coral Reef Yacht Southern Biscayne Bay inside of an area from the Ricken- weekend. Sailing Regatta. Club. backer Causeway southwest to Snapper Creek Canal south to Latitude 25°32′ N east to Soldier Key and northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each vessel. December—last Coconut Grove Coconut Grove Southern Biscayne Bay inside of an area from the Ricken- weekend. Sailing Club Or- Sailing Club. backer Causeway southwest to Snapper Creek Canal ange Bowl Re- south to Latitude 25°32′ N east to Soldier Key and north- gatta. west to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each vessel. Monthly—last week- Biscayne Bay Rac- Biscayne Bay Yacht Southern Biscayne Bay inside of an area from the Ricken- end, Saturday and ing Association Racing Associa- backer Causeway southwest to Snapper Creek Canal Sunday. Full Moon Re- tion. south to Latitude 25°32′00″ N east to Soldier Key and gatta. northwest to Rickenbacker Causeway, Miami, Florida no closer than 500 ft from each vessel.

COTP Zone Key West

January 1st ...... Blessing of the Islamorada Charter From Whale Harbor Channel to Whale Harbor Bridge, Fleet. Boat Assn. Islamorada, Florida. January through Wreckers Cup Schooner Wharf Key West Harbor to Sand Key, Florida (Gulf of Mexico side) April—last Monday Races. Bar. or Tuesday. January—3rd week, Yachting Key West Premiere Racing, Inside the reef on either side of main ship channel, Key Monday–Friday. Race Week. Inc. West Harbor Entrance, Key West, Florida. February—1st Satur- The Bogey ...... Florida Bay Outfit- Blackwater Sound (entire sound), Key Largo, Florida. day. ters. Februarary—1st The Bacall ...... Florida Bay Outfit- Blackwater Sound (entire sound), Key Largo, Florida. Sunday. ters.

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TABLE 1 TO SEC. 100.701—Continued

Date Event Sponsor Location

April—3rd weekend, Miami to Key Largo MYC Youth Sailing Biscayne Bay and Intracoastal Waterway from the Ricken- Saturday–Sunday. Sailboat Race. Foundation, Inc. backer Causeway in Miami, Florida to Key Biscayne to Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. April—last Friday ..... Conch Republic Sponsor: Conch All waters approximately 150 yards offshore from Ocean Navy Parade and Republic. Key Sunset Pier, Mallory Square and the Hilton Pier with- Battle. in the Key West Harbor. May—3rd weekend Marathon Super Super Boat Inter- All waters of Knight Key Channel, encompassing both the Boat Grand Prix. national Produc- Gulf of Mexico side and the Atlantic Ocean side of the tions, Inc. Seven Mile Bridge. June—2nd weekend FKCC Swim around Florida Keys Com- Begin at Smather’s Beach and swim the loop around the is- Key West. munity College. land back to the start approximately 50 yards offshore, Key West, Florida. July—3rd Weekend, The Easom Cup ..... South Eastern Caesar’s Creek, Everglades City, Florida. Saturday and Sun- Ocean Racing day. Series (SEORS). November—2nd Key West World Super Boat Inter- In the Atlantic Ocean, off the tip of Key West, on the waters week, Wednes- Championship. national Produc- of the Key West Main Ship Channel, Key West Turning day–Sunday. tions, Inc. Basin, and Key West Harbor Entrance. November—first U.S. Wake Board Middle Keys Events Sombrero Beach, Marathon, Florida; between Sister Creek weekend, Friday– Championships. Council. and Sister Rock to approximately 500 yards offshore from Sunday. Sombrero Beach. December—1st Boot Key Harbor Dockside Marina .... Boot Key Harbor (entire harbor), Marathon, Florida. Thursday. Christmas Boat Parade. December—2nd Key Colony Beach Key Colony Beach Key Colony Beach, Marathon, Florida, between Vaca Cut Sunday. Holiday Boat Pa- Community Assn. Bridge and Long Key Bridge. rade. December—3rd Sat- Key Largo Boat Pa- Key Largo Boat Pa- From Channel Marker 41 on Dusenbury Creek in urday. rade. rade. Blackwater Sound to tip of Stillwright Point in Blackwater Sound, Key Largo, Florida. December—3rd Sat- Key West Lighted Schooner Wharf All waters between Christmas Tree Island and Coast Guard urday. Boat Parade. Bar. Station thru Key West Harbor to Mallory Square, approximately 35 yards from shore.

COTP Zone San Juan

May—first Sunday ... Half Ironman Sponsor: Project St. St. Croix (Christiansted Harbor), U.S.V.I.: In the following Triathlon. Croix, Inc. position: PT1 on the shoreline at Kings Wharf at posn 17°44′51″ N 064°42′16″ W, thence north to PT2 at the southwest corner of Protestant Cay in posn 17°44′56″ N, 064°42′12″ W, then east along the shoreline to PT3 at the southeast corner of Protestant Cay in posn 17°44′56″ N, 064°42′08″ W, thence northeast to PT4 at Christian- sted Harbor Channel Round Reef Northeast Junction Lighted Buoy RR in posn 17°45′24″ N, 064°41′45″ W, thence southeast to PT 5 at Christiansted Schooner Channel Lighted Buoy 5 in posn 17°45′18″ N, 064°41′43″ W, thence south to PT6 at Christiansted Harbor Channel Buoy 15 in posn 17°44′56″ N, 064°41′56″ W, thence to PT7 on the shoreline north of Fort Christiansvaem in posn 17°44′51″ N, 064°42′05″ W, thence west along the shoreline to PT1. July 4th ...... Fireworks Display .. Sponsor: St. John St. John (West of Cruz Bay/Northeast of Steven Cay), Festival & Cul., U.S.V.I. All waters from the surface to the bottom for a ra- Org. dius of 200 yards centered around position 18°19′ 55″ N, 064°48′ 06″ W. July—3rd week, San Juan Harbor Sponsor: Munici- San Juan Harbor, Puerto Rico PT1: La Puntilla Final, Coast Sunday. Swim. pality of Catano. Guard Base at posn 18°27′33″ N, 066°07′00″ W, then south to PT2: Catano Ferry Pier at posn 18°26′36″ N, 066°07′00″ W, then east along the Catano shoreline to PT3: Punta Catano at posn 18°26′40″ N, 066°06′48″ W, then north to PT4: Pier 1 San Juan at posn 18°27′40″ N, 066°06′49″ W, then back along the shoreline to origin at PT1. December 31st ...... Fireworks St. Sponsor: Mr. Victor St. Thomas (Great Bay area), U.S.V.I.; All waters from the Thomas, Great Laurenza, surface to the bottom for a radius of 600 feet centered Bay. Pyrotecnico, New around position 18°19′14″ N, 064°50′18″ W. Castle, PA.

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Date Event Sponsor Location

December—1st Christmas Boat Pa- Sponsor: St. Croix St. Croix (Christiansted Harbor), U.S.V.I.; 200 yards off- week. rade. Christmas Boat shore around Prostestant Cay beginning in posn Committee. 17°45′56″ N 064°42′16″ W, around the cay and back to the beginning position.

COTP Zone Charleston

May—Morning Slack Lowcountry Splash Logan Rutledge ..... Cooper River/Charleston Harbor, South Carolina, including Tide on the 3rd the waters of the Wando River, Cooper River, and and 4th Saturday. Charleston Harbor from Hobcaw Yacht Club, in approximate position 32°49′32″ N, 079°53′81″ W, South along the coast of Mt. Pleasant, S.C., to Charleston Harbor Ma- rina, approximate position 32°47′20″ N, 079°54′64″ W, and extending out 150 yards from shore. June—2nd week ...... Beaufort Water City of Beaufort ...... Beaufort, South Carolina, between the Lady’s Island swing Festival. bridge and Spanish Point. June–August—every Shelter Cove Fire- Greenwood Devel- Shelter Cove, Hilton Head, South Carolina extending a ra- Tuesday. works. opment Corp. dius of 600 feet from approximate position 32°11′10″ N, 080°43′54″ W. July 4th ...... Sea pines resort Seapines Plantation Harbortowne, Hilton Head, Calibogue Sound, South Caro- 4th of July. lina extending a radius of 600 feet from approximate position 32°11′10″ N, 080°43′54″ W. Patriots Point Fire- Patriots Point ...... Charleston Harbor, South Carolina, extending a radius of works. 1000 feet from approximate position 32°47′01″ N, 079°53′8″ W. Skull Creek Fire- Hudson Seafood .... Skull Creek, Hilton Head, South Carolina extending a radius works. of 1000 feet from the approximate position 32°13′57″ N, 080°45′06″ W. City of North City of North Cooper River, Charleston, South Carolina extending a ra- Charleston Fire- Charleston. dius of 1000 feet from approximate position 32°51′57″ N, works. 079°57′35″ W. Market Street Fire- City of Charleston .. Charleston Harbor, South Carolina extending a radius of works. 1000 feet from center approximate position 32°54′01″ N, 080°08′05″ W. November—2nd Head of the South Augusta Rowing Upper Savannah River MM199 to MM196, Georgia. week. club. December—2nd Charleston Harbor City of Charleston.. Charleston Harbor, South Carolina, from Anchorage A week. Christmas Parade through Shutes Folly, Horse Reach, Hog Island Reach, of Boats. Town Creek Lower Reach, Ashley River, and finishing at City Marina.

COTP Zone St. Petersburg

January—3rd Satur- Gasparilla Chil- Event Makers ...... Hillsborough Bay within a 500 yard radius of the fireworks day. dren’s Parade barge located in approximate position 27°55′04″ N, Fireworks. 082°29′08″ W. Gasparilla Chil- Air Boss and Con- Hillsborough Bay north of an imaginary line drawn at 27°55′ dren’s Parade Air sulting. N, west of Davis Islands, and south of the Davis Island show. Bridge. January—last Satur- Gasparilla Boat Pa- YE Mystic Krewe of Tampa Bay, Florida, including all waters of Hillsborough day. rade. Gasparilla. Bay and its tributaries north of a line drawn along latitude 27°51′18″ N. Hillsborough Cut ‘‘D’’ Channel, Sparkman Channel, Ybor Channel, Seddon Channel and the Hillsborough River south of the John F. Kennedy Bridge. March—last Friday, Honda Grand Prix .. Honda Motor Com- Demons Landing St. Petersburg FL, All waters within 100 ft Saturday, and pany and City of of the seawall. Sunday. St. Petersburg. St. Pete Grand Prix Honda Motor Com- St. Petersburg FL, within two NM of the Albert Whitted Air- Air show. pany and City of port. St. Petersburg. April—last Sunday ... St. Anthony’s St. Anthony’s St. Petersburg within one NM of Spa Beach. Triathlon. Health Care. July 4th ...... Freedom Swim ...... None ...... Peace River FL within two NM of the U.S. 41 Bridge July 4th and January Ybor Fireworks Dis- Tampa Bay Attrac- Ybor Turning Basin within a 120 yard radius of the fireworks 1st. play. tions Association barge in approx. position 27°56′29″ N, 082°26′43″ W. or various private entities. Clearwater fire- City of Clearwater .. Gulf Intracoastal Waterway in the vicinity of Clearwater with- works displays. in a 500 yard radius of the fireworks barge located in approximate position 26°58′01″ N, 082°48′15″ W.

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TABLE 1 TO SEC. 100.701—Continued

Date Event Sponsor Location

Marco Island fire- City of Marco Island Gulf of Mexico in the vicinity of Marco Island within a 300 works displays. yard radius of the fireworks barge located in approximate position 25°54′36″ N, 081°45′06″ W. Venice fireworks City of Venice ...... Gulf of Mexico in the vicinity of Venice Inlet within a 200 displays. yard radius of the fireworks barge located in approximate position 27°06′44″ N, 082°28′09″ W. Beach House Res- Beach House Res- Gulf of Mexico in the vicinity of Bradenton Beach within a taurant fireworks taurant. 200 yard radius of the fireworks barge located in approxi- displays. mate position 27°27′59″ N, 082°41′58″ W. Ft Myers fireworks City of Ft Myers ..... Caloosahatchee River within a 300 yard radius of the fire- displays. works barge located in approximate position 26°38′45″ N, 081°52′50″ W. July—1st Sunday .... Suncoast Offshore Suncoast Founda- Gulf of Mexico in the vicinity of Sarasota, from New Pass to Grand Prix. tion for the Siesta Beach out to eight NM. Handicapped. September—3rd Fri- Homosassa Raft Citrus 95 FM radio Homosassa River Between Private Green Dayboard 81 east day, Saturday, and Race. to private Red Dayboard 2. Sunday. October—2nd Fri- St Petersburg City of St Peters- St Petersburg, within two NM of the Albert Whitted Airport. day, Saturday, and Airfest. burg. Sunday. November—3rd Ironman World City of Clearwater & Gulf of Mexico within two NM of Clearwater Beach FL. Thursday, Friday, Championship Ironman North and Saturday. Triathlon. America.

COTP Zone Savannah

May—2nd weekend, Blessing of the Knights of Colum- Brunswick River from the start of the East branch of the Sunday. Fleet—Brunswick. bus—Brunswick. Brunswick River (East Brunswick River) to the Golden Isles Parkway Bridge. May—2nd or 3rd Grand Prix of Au- Champboat Series, Savannah River, Augusta, Georgia, from the U.S. Highway weekend. gusta. LLC. 1 (Fifth Street) Bridge at mile 199.45 to Eliot’s Fish Camp at mile 197. July 4th ...... Fourth of July Fire- Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet works. front Association. around fireworks launch point centered at approximate position 32°04′56″ N, 081°05′02″ W. July—3rd full week- Augusta Southern Augusta Southern Savannah River, Augusta, Georgia, from the U.S. Highway end. Nationals Drag Nationals. 1 (Fifth Street) Bridge at mile 199.45 to Eliot’s Fish Camp Boat Races. at mile 197. October—3rd or 4th Champboat Races Champboat Series, Savannah River, Savannah Riverfront, Georgia, Talmadge weekend or No- of Savannah. LLC. bridge to a line drawn at 146 degrees true from dayboard vember—1st 62. weekend. November—1st Sat- Savannah Harbor Westin Resort, Sa- Savannah River, Savannah Riverfront, Georgia, Talmadge urday after Boat Parade of vannah. bridge to a line drawn at 146 degrees true from dayboard Thanksgiving Day. Lights and Fire- 62. works. December 31st ...... New Years Eve Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet Fireworks. front Association. around fireworks launch point centered at approximate position 32°04′56″ N, 081°05′02″ W. Monthly—first Friday First Friday of the Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet Month Fireworks. front Association. around fireworks launch point centered at approximate position 32°04′56″ N, 081°05′02″ W.

COTP Zone Jacksonville

February—1st week- Clay County Super Reynolds Park Reynolds Park Yacht Club (entire club), Green Cove end, Friday–Mon- Celebration. Yacht Club. Springs. day. February—last Sat- El Cheapo Sheeps- Jacksonville Off- Mayport/Jacksonville Boat Ramp; 500 feet seaward of the urday. head Tournament. shore Sport Fish- boat ramp. ing Club. March—1st Saturday Jacksonville Invita- Stanton Rowing Ortega River Race Course, Jacksonville; between tional (Rowing Foundation (May Timuquana and Roosevelt Bridges. Race). vary). Stanton Invitational Stanton Rowing Ortega River Race Course, Jacksonville; between (Rowing Race). Foundation. Timuquana and Roosevelt Bridges. March or April— Blessing of the City of Jacksonville St. Johns River, Downtown Jacksonville in the vicinity of Palm Sunday. Fleet—Jackson- Office of Special Jacksonville Landing between the Main Street Bridge and ville. Events. Acosta Bridge.

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Date Event Sponsor Location

Blessing of the City of St. Augus- St. Augustine Municipal Marina (entire marina). Fleet—St. Augus- tine. tine. April—1st Full Week- Mount Dora Yacht Mount Dora Yacht Lake Dora, Mount Doran—500 ft. off Grantham Point. end, Saturday and Club Sailing Re- Club. Sunday. gatta. April—3rd Saturday Jacksonville City Stanton Rowing Ortega River Race Course, Jacksonville; between Championships. Foundation. Timuquana and Roosevelt Bridges. April—3rd weekend Florida Times Union The Florida Times- Sister’s Creek Marina to Marker 88 on the St. John’s River. Redfish Roundup. Union. May—1st Friday ...... Isle of Eight Flags City of Fernandina Fernandina Harbor Marina (entire marina). Shrimp Festival Beach. Pirate Landing and Fireworks. May—1st Saturday .. Mug Race ...... The Rudder Club of St. Johns River; Palatka to Buckman Bridge. Jacksonville, Inc. May—4th Friday ...... Palatka Blue Crab Palatka Blue Crab All waters within a 500-yard radius around approximate po- Festival and Fire- Festival. sition 29°38′37″ N, 081°37′50″ W. works. May—4th weekend .. Memorial Day City of Green Cove All waters within a 500-yard radius around approximate po- RiverFest. Springs. sition 29°59’39″ N, 081°40′33″ W. May—last full week, Bluewater Invita- Northeast Florida There is a no-wake zone in effect from the St. Augustine Monday–Friday. tional Tour- Marlin Associa- City Marina out to the end of the St. Augustine Jetty’s nament. tion. 6:00AM–8:00AM and 3:00PM–5:00PM during the above days. May—last full week- Blue Crab Festival Downtown Palatka, St. Johns River, South of Memorial Bridge, Palatka. end, Friday–Sun- Ski Shows. Inc. & Palatka day. Blue Crab Fes- tival, Inc. June—1st Saturday Florida Sport Fish- Florida Sport Fish- From Sunrise Marina to the end of Port Canaveral Inlet. of. ing Association ing Association. Offshore Fishing Tournament. June—1st weekend, Jetty Park Ocean Fleet 45 Space Jetty Park, Port Canaveral; All waters within a 1000-yard ra- Friday–Sunday. Regatta. Coast Catamaran dius around approximate position 28°24′21″ N, Association, Inc. 080°33′33″ W. June—2nd weekend, St. Augustine King King Buster Classic, St. Augustine Municipal Marina (entire marina). Friday-Sunday. Buster Classic Inc. 400. June—4th Saturday Veterans Day Cele- City of New Smyrna All waters within a 500-yard radius around approximate po- bration, Parade Beach. sition 29°03′N, 080°55′W. and Fireworks Display. June—4th weekend, Tournament of Nassau Sport Fish- Fernandina Harbor Marina (entire marina), Fernandina Thursday–Satur- Champions King- ing Association. Beach. day. fish Tournament. June—2nd weekend, Kingfish Challenge Ancient City Game There is a no-wake zone in effect from the St. Augustine Saturday and Sun- Fish Association. City Marina out to the end of the St. Augustine Jetty’s day. 6:00AM–8:00AM and 3:00PM–5:00PM. July 4th ...... Cocoa 4th of July City of Cocoa ...... All waters within a 500-yard radius around approximate po- Fireworks. sition 28°20′22″ N, 080°31′27″ W. Daytona Beach Daytona Beach All waters within a 500-yard radius around at approximate Boardwalk Asso- Boardwalk Asso- position 29°13′34″ N, 081°00′33″ W. ciation July 4th ciation. Fireworks. Edgewater Fire Edgewater Fire All waters within a 500-yard radius around the pier at Ken- Rescue Associa- Rescue Associa- nedy Memorial Park, Edgewater, FL. tion Annual Fire- tion. works Celebration. Fernandina Beach City of Fernandina All waters within a 500-yard radius around approximate po- 4th of July Fire- Beach / sition 30°40′17″ N, 081°27′56″ W. works. Fernandina Har- bor Marina. Fireworks Display City of Palatka/ All waters within a 500-yard radius around approximate po- for Independence Downtown sition 29°38′37″ N, 081°37′51″ W. Day Celebration Palatka. (Palatka). Flagler Beach July Flagler Beach All waters within a 500-yard radius around (the end of 4th Celebration Chamber of Com- Flagler Beach Pier) approximate position 29°28′50″ N, Fireworks. merce. 081°07′27″ W.

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TABLE 1 TO SEC. 100.701—Continued

Date Event Sponsor Location

Florida Yacht Club Florida Yacht Club All waters within a 500-yard radius around approximate po- and Timuquana and Timuquana sition 30°15′00″ N, 081°41′17″ W. Country Club Country Club. Fireworks Display. Kissimmee July 4th City of Kissimmee All waters within a 500-yard radius around approximate po- Celebration Fire- Parks and Recre- sition 28°17′08″ N, 081°24′08″ W. works. ation. Kiwanis Club of St. Kiwanis Club of St. St. Marys River, St. Marys, GA; All waters within a 500-yard Marys Annual Marys Georgia. radius around approximate position 30°43′7″ N, Fourth of July 081°32′59″ W. Festival Fire- works. Liberty Fest—4th of City of Jacksonville All waters within a 500-yard radius around approximate po- July Celebration Beach. sition 30°17′06″ N, 081°23′16″ W. (Jacksonville Beach). Mount Dora Old Rotary Club of Lake Dora, Mount Dora—500 ft. off Grantham Point. Fashioned 4th of Mount Dora / July Celebration. Mount Dora Fire- fighter Associa- tion. Orange Park Inde- Town of Orange All waters within a 500-yard radius around approximate po- pendence Day Park. sition 30°10′20″ N, 081°42′20″ W. Celebration Fire- works. Ormond Beach City of Ormond All waters within a 500-yard radius around approximate po- Independence Beach. sition 29°17.2′N, 081°02.988′W. Day Celebration Fireworks. Patrick Air Force Patrick Air Force All waters within a 500-yard radius around approximate po- Base 4th of July Base. sition 28°14′00″ N, 080°37′00″ W. Celebration and Fireworks. Sanford’s July 4th City of Sanford ...... All waters within a 500-yard radius around the Monroe Har- Celebration Fire- bor Marina. works. St. Augustine July City of St. Augus- All waters within a 500-yard radius around approximate po- 4th Fireworks tine. sition 29°53′50.84″ N, 081°18′30.87″ W. Display. July—3rd Saturday .. Halifax Rowing As- Halifax Rowing As- Halifax River, Daytona, S. of Memorial Bridge—East Side. sociation Summer sociation. Regatta. July—3rd week ...... BellSouth Greater Jacksonville Marine All waters of the St. Johns River, from lighted buoy 10 Jacksonville King- Charities, Inc. (LLNR 2190) in approximate position 30°24′22″ N, fish Tournament. 081°24′59″ W to Lighted Buoy 25 (LLNR 7305). August—2nd week .. Townsend Hawkes Jacksonville Beach- 50 ft. offshore from Jacksonville Beach to Sea Turtle Inn, Ocean Swim. es Kiwanis Club. Atlantic Beach. December 31st ...... Jacksonville New City of Jacksonville St. Johns River; Westside of Main Street Bridge. Year’s Eve Fire- Office of Special works. Events. St. Augustine City of St. Augus- All waters within a 500-yard radius approximate position Beach New tine Beach. 29°51′16″ N, 081°15′49″ W. Year’s Eve Fire- works. December—2nd Sat- St. Johns River St. Johns River St. Johns River; Whitehair Bridge, Deland to Lake urday. Christmas Boat Christmas Boat Beresford. Parade. Parade, Inc. Christmas Boat Pa- Halifax River Yacht Halifax River from Seabreeze Bridge to Halifax Harbor Ma- rade (Daytona Club. rina. Beach / Halifax River). Kissimmee Holiday City of Kissimmee Kissimmee Lakefront Park; All waters within a 500-yard ra- Extravaganza Parks and Recre- dius around approximate position 28°17′13″ N, Fireworks. ation. 081°24′13″ W.

[USCG–2007–0179, 73 FR 4461, Jan. 25, 2008]

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§ 100.713 Annual Harborwalk Boat (b) Special local regulations. (1) No ves- Race; Sampit River, Georgetown, sel may anchor shoreward of the shore- SC. side boundaries of the regulated area, (a) Definitions—(1) Regulated Area. from 11 a.m. to 3 p.m. edt. The regulated area is formed by a line (2) Spectator craft will be permitted from: to anchor seaward of the seaside boundaries of the regulated area, in the 33°21.5′ N, 079°17.10′ W, thence to ° ′ ° ′ spectator area formed by a line drawn 33 21.7 N, 079 16.8 W, thence along the shore ° ′ ° ′ to from the position 29 26.54 N, 81 58.12 W, ° ′ ° ′ 33°21.1′ N, 079°16.7′ W, thence to thence to position 28 25.06 N, 81 55.42 33°21.1′ N, 079°16.9′ W, thence back to W, thence to position 26°24.45′ N, 33°21.5′ N, 079°17.10′ W. 81°55.50′ W, thence to position 26°26.54′ N, 81°58.30′ W, thence back to position All coordinates referenced use datum: 29°26.54′ N, 81°58.12′ W, and in the spec- NAD 83. tator area formed by a line drawn from (2) Coast Guard Patrol Commander. the position 26°25.06′ N, 81°54.18′ W, The Coast Guard Patrol Commander is thence to position 26°23.47′ N, 81°54.00′ a commissioned, warrant, or petty offi- W, thence to position 25°24.05′ N, cer of the United States Coast Guard 81°54.47′ W, thence back to position who has been designated by the Com- 26°25.06′ N, 81°54.18′ W. All coordinates mander, Coast Guard Sector Charles- referenced use datum: NAD 83. ton, Charleston, South Carolina. (3) All vessel traffic, not involved (b) Special local regulations. (1) Entry with the Fort Myers Beach Offshore into the regulated area is prohibited to Grand Prix, exiting Matanzas Pass be- all nonparticipants. tween 11 a.m. and 3 p.m. will exit the (2) After the termination of the marked channel at Matanzas Pass Harborwalk Boat Race, and during in- Channel daybeacon #3 (26°25.9′ N, tervals between scheduled events, at 82°58.2′ W, LLNR 16365) and #4 (26°26.1′ the discretion of the Coast Guard Pa- N, 82°57.8′ W, LLNR 16370), and shall trol Commander all vessels may re- proceed in a southwesterly direction sume normal operations. seaward of the spectator area defined (c) Effective Dates. This section is in in paragraph (b)(2) of this section, tak- effect from 12 p.m. and terminates at ing action to avoid a close-quarters sit- 5:30 p.m. EDT annually during the last Sunday of June. uation until finally past and clear of the racecourse. All coordinates ref- [CGD07–96–015, 61 FR 29020, June 7, 1996, as erenced use datum: NAD 83. amended by USCG–2006–25556, 72 FR 36327, (4) All vessel traffic, not involved July 2, 2007] with the Fort Myers Beach Offshore § 100.717 Annual Fort Myers Beach Grand Prix, exiting Big Carlos Pass be- Offshore Grand Prix; Fort Myers, tween 11 a.m. and 3 p.m. edt will exit FL. the pass in a southwesterly direction seaward of the spectator area defined (a) Regulated Area. The regulated area is formed by a line drawn from the in paragraph (b)(2) of this section, tak- start/finish position, at the Fort Myers ing action to avoid a close-quarters sit- Beach pier (26°28.07′ N, 81°58.30′ W), uation with the spectator craft until fi- thence to position 26°26.08′ N, 81°55.29′ nally past and clear of the racecourse. W, thence to position 26°24.76′ N, All coordinates referenced use datum: 81°54.68′ W, thence to position 26°23.74′ NAD 83. N, 81°55.10′ W, thence to position (5) Entry into the regulated area 26°23.91′ N, 81°55.40′ W, thence to posi- shall be in accordance with this regulation 26°24.94′ N, 81°55.24′ W, thence to tion. Spectator vessels shall stay sea- position 26°26.93′ N, 81°58.53′ W, thence ward of the seaside legs of the race- to position 26°27.32′ N, 81°58.16′ W, course at all times in the spectator thence back to the start/finish posi- areas defined in paragraph (b)(2) of this tion, at the Fort Myers Beach pier section. (26°28.07, 81°58.30′ W). All coordinates (c) Effective dates: This section is ef- referenced use datum: NAD 83. fective each day from 11 a.m. through 3

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p.m. EDT annually during the third § 100.719 Annual Suncoast Offshore Saturday and Sunday of May. Challenge; Gulf of Mexico, Sarasota, FL. [CGD07–96–005, 61 FR 28503, June 5, 1996, as amended by CGD07–97–010, 62 FR 26745, May (a) Regulated area. The regulated area 15, 1997] is established by a line drawn from the start/finish position 27°19.15′ N, 82°35.90′ § 100.718 Annual Suncoast Kilo Run; W, thence to position 27°18.81′ N, Sarasota Bay, Sarasota, FL. 82°34.90′ W, thence to position 27°18.21′ (a) Regulated area. The regulated area N, 82°34.48′ W, thence to position is established in Sarasota Bat with the 27°16.43′ N, 82°34.99′ W, thence to posi- northwest corner point at Whale Key, tion 27°15.70′ N, 82°34.29′ W, thence to position 27°23′53″ N, 82°37′46″ W, extend- position 27°15.86′ N, 82°33.44′ W, thence ing to the northeast corner point at to position 27°14.73′10′ N, 82°32.37′ W, Bayshore Gardens Channel, position thence to position 27°14.62′ N, 82°32.54′ 27°25′11″ N, 82°35′45″ W, extending to the W, thence to position 27°14.94′ N, southeast corner point at Whitaker 82°35.25′ W, thence to position 27°20.03′ Bayou, position 27°21′22″ N, 82°33′14″ W, N, 82°37.38′ W, thence to position and then to the southwest corner point 27°20.32′ N, 82°37.16′ W, thence back to ° ′ ″ at Quick Point, position 27 20 18 N, the start/finish position. All coordi- ° ′ ″ 82 34 36 W. All coordinates referenced nates referenced use datum: NAD 1983. use datum: NAD 83. (b) Special local regulations. (1) No an- (b) Special local regulations. (1) In ac- choring will be permitted seaward of cordance with these regulations, the the shoreside boundaries of the regu- regulated area is designated as a ‘‘no lated area out to three nautical miles wake’’ zone. Spectator craft are per- from shore, from 10 a.m. to 4 p.m. EDT, mitted into the area, but are prohib- annually on the first Saturday of July. ited from entering the race course areas described in (b)(2) of this section. (2) Anchoring for spectators will be permitted shoreward of the shoreside (2) Inside the ‘‘no wake’’ zone are two designated areas surrounding the pri- boundaries of the regulated area. mary and alternate race courses. Pri- (3) All vessel traffic, not involved mary course ‘‘A’’ is bounded by a line with the Suncoast Offshore Challenge, connecting the northeast corner point exiting New Pass between 11 a.m. and 4 at position 27°22′10″ N, 82°36′09″ W, a p.m. EDT shall exist at New Pass Chan- southeast corner point at position nel daybeacon #3 (27°26.46′ N, 82°41.7′ W, 27°21′31″ N, 82°35′37″ W, a southwest cor- LLNR 18100) and #4 (27°26.4′ N, 82°41.68′ ner point at position 27°21′27″ N, W, LLNR 18105), and shall proceed in a 82°35′48″ W, and a northwest corner northerly direction shoreward of spec- point at position 27°22′05″ N, 82°36′16″ W. tator craft taking action to avoid a Alternate course ‘‘B’’ is bounded by a close-quarters situation until finally line connecting the northeast corner past and clear of the racecourse. All co- point at position 27°23′11″ N, 82°34′31″ W, ordinates referenced use datum: NAD a southeast corner point at position 1983. 27°22′35″ N, 82°34′03″ W, a southwest cor- (4) Big Sarasota Pass will be closed ner point at position 27°22′31″ N, to all inbound and outbound vessel 82°34′08″ W, and a northwest corner traffic, other than spectator craft, point at position 27°23′09″ N, 82°34′38″ W. from 10 a.m. to 4 p.m. EDT. All coordinates referenced use datum: (5) Entry into the regulated area NAD 83. shall be in accordance with this regula- (3) Entry into the regulated area tion. Spectator vessels shall stay clear shall be in accordance with this regula- of race area at all times. tion. (c) Effective date. This section is ef- (c) Effective date. This section is effective at 10 a.m. and terminates at 4 fective at 8 a.m. and terminates at 1 p.m. EDT, annually during the first p.m. EDT, annually during the first Saturday of July. Friday of July. [CGD07–96–008, 61 FR 32334, June 24, 1996] [CGD07–96–008, 61 FR 32334, June 24, 1996]

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§ 100.720 Annual Suncoast Offshore § 100.724 Annual Augusta Invitational Grand Prix; Gulf of Mexico, Sara- Rowing Regatta; Savannah River, sota, FL. Augusta, GA. (a) Regulated area. The regulated area (a) Definitions. (1) Regulated area. The is established by a line drawn from the regulated area is formed by a line start/finish position 27°19.15′ N, 82°35.90′ drawn directly across the Savannah W, thence to position 27°18.91′ N, River at U.S. Highway 1 (Fifth Street) 82°34.90′ W, thence to position 27°18.81′ Bridge at mile marker 199.45 and di- N, 82°34.48′ W, thence to position rectly across the Savannah River at 27°16.43′ N, 82°34.99′ W, thence to posi- Eliot’s Fish Camp at mile marker 197. tion 27°15.70′ N, 82°34.29′ W, thence to The regulated area includes the width of the Savannah River between these position 27°15.86′ N, 82°33.44′ W, thence two lines. to position 27°14.73′ N, 82°32.37′ W, (2) Coast Guard Patrol Commander. thence to position 27°14.62′ N, 82°32.54′ The Coast Guard patrol Commander is W, thence to position 27°14.93′ N, ° ′ ° ′ a commissioned, warrant, or petty offi- 82 35.25 W, thence to position 27 20.03 cer of the Coast Guard who been des- ° ′ N, 82 37.38 W, thence to position ignated by the Commander, Coast ° ′ ° ′ 27 20.32 N, 82 37.16 W, thence back to Guard Sector Charleston, SC. the start/finish position. All coordi- (b) Special local regulations. (1) Entry nates referenced use datum: NAD 1983. into the regulated area is prohibited to (b) Special local regulations. (1) No an- all non-participants. choring will be permitted seaward of (2) After the termination of the Invi- the shoreside boundaries of the regu- tational Rowing Regatta each day, and lated area out to three nautical miles during intervals between scheduled from shore, from 10 a.m. to 4 p.m. EDT. events, at the discretion of the Coast (2) Anchoring for spectators will be Guard Patrol Commander, all vessels permitted shoreward of the shoreside may resume normal operations. boundaries of the regulated area. (c) Effective dates. This section is ef- (3) All vessel traffic not involved fective at 7 a.m. and terminates at 5 with the Suncoast Offshore Grand Prix, p.m. local time annually, on Thursday, exiting New Pass between 10 a.m. and 4 Friday, Saturday and Sunday of the p.m. EDT shall exit at New Pass Chan- third weekend of March. nel daybeacon #3 (27°26.46′ N, 82°41.7′ W, [CGD07–96–063, 62 FR 7937, Feb. 21, 1997, as LLNR 18100) and #4 (27°26.4′ N, 82°41.68′ amended by USCG–2006–25556, 72 FR 36327, W, LLNR 18105), and shall proceed in a July 2, 2007] northerly direction shoreward of spectator craft taking action to avoid a § 100.728 Special Local Regulations; close-quarters situation until finally Hurricane Offshore Classic, St. Pe- tersburg, FL. past and clear of the racecourse. All coordinates referenced use datum: NAD (a) Regulated area. The regulated area 83. is formed by a line drawn from position ° ″ ° ″ (4) Big Sarasota Pass will be closed 27 46.9 N, 082 37.45 W (onshore at to all inbound and outbound vessel North Shore Park) east southeast to position 27°46.39″ N, 082°32.65″ W; thence traffic, other than spectator craft, due south to position 27°44.67″ N, from 10 a.m. to 4 p.m. EDT. 082°32.65″ W; thence due west to posi- (5) Entry into the regulated area tion 27°44.67″ N, 082°37.45″ W (onshore shall be in accordance with this regula- just south of Lassing Park). All coordi- tion. Spectator craft will stay clear of nates referenced use Datum: NAD 83. race area at all times. (b) Special local regulations. (1) Entry (c) Effective date. This section is ef- into the regulated area by other than fective at 10 a.m. and terminates at 4 event participants is prohibited unless p.m. EDT, annually during the first authorized by the patrol commander Sunday of July. designated by Coast Guard Sector St. Petersburg, Florida. [CGD07–96–008, 61 FR 32335, June 24, 1996] (2) Spectator craft will be permitted near the race area, but will be required

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to stay clear of the race lanes. Anchor- (b) Definitions. Coast Guard Patrol ing for spectator craft is permitted Commander means a commissioned, north of the northern straightaway and warrant, or petty officer of the Coast south of the southern straightaway, Guard who has been designated by but only in the designated spectator Commanding Officer, Coast Guard Sta- area between 27°46.62N, 082°37.00W to tion Miami Beach. 27°46.80N, 082°34.72W and 27°46.52N, (c) Special Local Regulations. (1) Entry 082°37.00W to 27°46.70N, 082°34.72W for into the regulated area by non-partici- the northern area and 27°46.25N, pant persons or vessels is prohibited 082°37.00W to 27°45.90N, 082°34.72W and unless authorized by the Coast Guard 27°46.15N, 082°37.00W to 27°45.80N, Patrol Commander. 082°34.72W for the southern area. All co- (2) At the completion of scheduled ordinates referenced use Datum: NAD races and exhibitions, and departure of 83. No anchoring will be permitted west participants from the regulated area, of turns 1 and 4 nor west of turns 2 and the Coast Guard Patrol Commander 3, from 10 a.m. to 6 p.m. EDT. may permit traffic to resume normal (3) All vessel traffic, not involved in operations. the Hurricane Offshore Classic, enter- (3) Between scheduled racing events, ing or exiting the Vinoy Basin between the Coast Guard Patrol Commander 10 a.m. and 6 p.m. EDT must transit may permit traffic to resume normal around the racecourse, taking action operations for a limited time. to avoid a close-quarters situation (4) A succession of not fewer than 5 until finally past and clear of the race- short whistle or horn blasts from a course. All vessel traffic, not involved Coast Guard patrol vessel will be the with the Hurricane Offshore Classic, signal for any and all vessels to take transiting the area off Coffeepot immediate steps to avoid collision. Bayou, The Pier, and Bayboro Harbor should exercise extra caution and take (d) Enforcement periods. This rule will action to avoid a close-quarters situa- be enforced from 10 a.m. until 5 p.m. tion until finally past and clear of the Saturday and Sunday during the sec- racecourse. ond weekend in October (Columbus Day weekend). (4) Entry into the regulated area shall be in accordance with this sec- [CGD07–04–120, 69 FR 61444, Oct. 19, 2004] tion. Spectator vessels will at all times stay in the spectator areas defined in § 100.732 Annual River Race Augusta; paragraph (b)(2) of this section. Savannah River, Augusta GA. (c) Effective Dates: This regulation is (a) Definitions: effective annually at 10 a.m. and termi- (1) Regulated Area. The regulated area nates at 6 p.m. EDT on the third Satur- is formed by a line drawn directly day and Sunday of August. across the Savannah River at the U.S. [CGD07–97–031, 62 FR 43641, Aug. 15, 1997, as Highway 1 Bridge at mile marker 199 amended by USCG–2006–25556, 72 FR 36327, and directly across the Savannah River July 2, 2007] at mile marker 197. The regulated area would encompass the width of the Sa- § 100.729 Columbus Day Regatta, Bis- vannah River between these two lines. cayne Bay, Miami, FL. (2) Coast Guard Patrol Commander. (a) Regulated area. A regulated area is The Coast Guard Patrol Commander is established for the Columbus Day Re- a commissioned, warrant, or petty offi- gatta, Biscayne Bay, Miami, Florida. cer of the Coast Guard who has been The regulated area encompasses all wa- designated by the Commander, Coast ters within the following points: Guard Sector Charleston, South Caro- lina. Latitude Longitude (b) Special Local Regulations. (1) Entry 25°43′24″ N ...... 080°12′30″ W into the regulated area is prohibited to 25°43′24″ N ...... 080°10′30″ W all non-participants. 25°33′00″ N ...... 080°11′30″ W (2) After termination of the River 25°33′00″ N ...... 080°15′54″ W Race Augusta each day, and during in- ° ′ ″ ° ′ ″ 25 40 00 N ...... 080 15 00 W tervals between scheduled events, at

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the discretion of the Coast Guard Pa- rine Parade. All northbound vessels in trol Commander, all vessels may re- excess of 80 feet without prior mooring sume normal operations. arrangements and not officially en- (3) The Captain of the Port Charles- tered in the Gasparilla Marine Parade ton will issue a Marine Safety Informa- must use the alternate route through tion Broadcast Notice to Mariners to Sparkman Channel. notify the maritime community of the (7) Vessels not officially entered in special local regulations and the re- the Gasparilla Marine Parade may not strictions imposed. enter the Parade staging area box (c) Dates. These regulations become within the following coordinates: effective annually from 7 a.m. to 5 p.m. 27°53′53″ N 082°27′47″ W 27°53′22″ N EDT each day, on the third Friday, 082°27′10″ W 27°52′36″ N 082°27′55″ W Saturday and Sunday of May, unless 27°53′02″ N 082°28′31″ W otherwise specified in the notice to (c) Enforcement period. This section mariners. will be enforced from 9 a.m. until 2:30 p.m. EST, annually on the last Satur- [CGD07–98–013, 63 FR 26454, May 13, 1998, as day in the month of January. amended by USCG–2006–25556, 72 FR 36327, July 2, 2007] [CGD07–05–156, 71 FR 76153, Dec. 20, 2006]

§ 100.734 Annual Gasparilla Marine § 100.736 Annual Fort Myers Beach air Parade; Hillsborough Bay, Tampa, show; Fort Myers Beach, FL. FL. (a)(1) Regulated Area. The regulated (a) Regulated Area. A regulated area area is formed by the following coordi- is established consisting of all waters nates; point 1: 26°28′08″ N, 81°59′15″ W of Hillsborough Bay and its tributaries south to point 2: 26°27′37″ N, 81°59′39″ W north of 27°51′18″ north latitude and east to point 3: 26°25′45″ N, 81°55′34″ W south of the John F. Kennedy Bridge. north to point 4: 26°26′14″ N, 81°55′22″ W The regulated area includes the fol- and west along the contour of the shore lowing in their entirety: Hillsborough to point 5: 26°27′52″ N, 81°58′04″ W to Cut ‘‘D’’ Channel, Seddon Channel, and original point 1: 26°28′08″ N, 81°59′15″ W. the Hillsborough River south of the All coordinates referenced use datum: John F. Kennedy Bridge. All coordi- NAD 83. nates referenced use datum: NAD 83. (2) Air Box Area. The air box area is (b) Special local regulations. contained within the regulated area (1) Entrance into the regulated area and is formed by the following coordi- is prohibited to all commercial marine nates; point 1: 26°27′34″ N, 81°58′22″ W traffic from 9 a.m. to 2:30 p.m. EST on south to point 2: 26°27′07″ N, 81°58′39″ W the day of the event. east to point 3: 26°26′15″ N, 81°56′36″ W (2) The regulated area is a ’’no wake‘‘ north to point 4: 26°26′42″ N, 81°56′22″ W zone. and west to original point 1: 26°27′34″ N, (3) All vessels within the regulated 81°58′22″ W. All coordinates referenced area shall stay 50 feet away from and use datum: NAD 83. give way to all officially entered ves- (b) Special local regulations. (1) Vessels sels in parade formation in the and persons are prohibited from enter- Gasparilla Marine Parade. ing the air box area defined in para- (4) When within the marked channels graph (a)(2) of this section. of the parade route, vessels partici- (2) No vessel may anchor/moor or pating in the Gasparilla Marine Parade transit within the regulated area de- may not exceed the minimum speed fined in paragraph (a)(1) of this section, necessary to maintain steerage. with the exception of vessel transit (5) Jet skis and vessels without me- permitted in the marked channel as set chanical propulsion are prohibited forth in paragraph (b)(3) of this section. from the parade route. (3) Vessels entering and exiting (6) Northbound vessels in excess of 80 Matanzas Pass Channel will be allowed feet in length without mooring ar- to transit using the marked channel rangements made prior to the date of only at Matanzas Pass Channel day the event are prohibited from entering beacon #3 (26°25′54″ N, 82°58′12″ W, Seddon Channel unless the vessel is of- LLNR 16365) and #4 (26°26′06″ N, 82°57′48″ ficially entered in the Gasparilla Ma- W, LLNR 16370) but may not linger

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within the regulated area. All coordi- to mariners. Sponsors of events listed in nates referenced use datum: NAD 83. Table 1 of this section must submit an ap- (c) Dates. This section will be en- plication each year in accordance with 33 forced annually on the second consecu- CFR 100.15. tive Friday, Saturday, and Sunday of (a) The Coast Guard may patrol the May from 8:30 a.m. until 4:30 p.m. event area under the direction of a des- [CGD07–05–012, 70 FR 29197, May 20, 2005] ignated Coast Guard Patrol Com- mander. The Patrol Commander may § 100.740 Annual Offshore Super Series be contacted on Channel 16 VHF-FM Boat Race; Fort Myers Beach, FL. (156.8 MHz) by the call sign (a) Regulated area. (1) The regulated ‘‘PATCOM.’’ area is formed by the following coordi- (b) All persons and vessels not reg- nates; point 1: 26°27′43″N, 81°58′22″W istered with the sponsor as partici- south to point 2: 26°27′05″N, 81°58′37″W pants or official patrol vessels are con- east to point 3: 26°25′39″N, 81°55′46″W sidered spectators. The ‘‘official patrol north to point 4: 26°26′14″N, 81°55′22″W vessels’’ consist of any Coast Guard, and west to original point 1: 26°27′43″N, state or local law enforcement and 81°58′22″W. All coordinates referenced sponsor provided vessels assigned or use datum: NAD 83. approved by the Commander, Eighth (2) The spectator line is formed by Coast Guard District, to patrol the the following coordinates; point 1: event. 26°26′53″N, 81°58′27″W east to point 2: (c) Spectator vessels desiring to tran- 26°25′32″N, 81°53′57″W. All coordinates sit the regulated area may do so only referenced use datum: NAD 83. with prior approval of the Patrol Com- (b) Special local regulations. (1) Non- mander and when so directed by that participant vessels and persons are pro- officer and will be operated at a no hibited from entering the regulated wake speed in a manner which will not area as defined in paragraph (a)(1) of endanger participants in the event or this section. any other craft. (2) All vessel entering and exiting (d) No spectator shall anchor, block, Matanzas Pass Channel shall proceed loiter, or impede the through transit of cautiously and take early action to participants or official patrol vessels in avoid close-quarters situations until fi- the regulated area during the effective nally past and clear of the regulated dates and times, unless cleared for area. entry by or through an official patrol (3) Anchoring is only permitted sea- vessel. ward of the spectator line as defined in (e) The Patrol Commander may for- paragraph (a)(2) of this section. bid and control the movement of all (c) Enforcement Dates. This section vessels in the regulated area. When will be enforced annually from 10 a.m. hailed or signaled by an official patrol to 5 p.m. EDT on the second consecu- vessel, a vessel shall come to an imme- tive Saturday and Sunday of June. diate stop and comply with the direc- [CGD 07–05–019, 70 FR 34659, June 15, 2005] tions given. Failure to do so may result in expulsion from the area, citation for § 100.801 Annual Marine Events in the failure to comply, or both. Eighth Coast Guard District. (f) Any spectator vessel may anchor The following regulations apply to outside the regulated area specified in the marine events listed in Table 1 of Table 1 of this section, but may not an- this section. These regulations will be chor in, block, or loiter in a navigable effective annually, for the duration of channel. each event listed in Table 1. Annual no- (g) The Patrol Commander may ter- tice of the exact dates and times of the minate the event or the operation of effective period of the regulation with any vessel at any time it is deemed respect to each event, the geographical necessary for the protection of life or area, and details concerning the nature property. of the event and the number of partici- (h) The Patrol Commander will ter- pants and type(s) of vessels involved minate enforcement of the special reg- will also be published in local notices ulations at the conclusion of the event.

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(i) In Table 1 to this section, where a (j) In Table 1 to this section, where regulated area is described by reference alternative dates are described (‘‘third to miles of a river, channel or lake, the or fourth Saturday’’), the exact date regulated area includes all waters be- and times will be advertised by the tween the indicated miles as defined by Coast Guard through Local Notices to lines drawn perpendicular to shore Mariners and Broadcast Notices to passing through the indicated points. Mariners.

TABLE 1 OF § 100.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL MARINE EVENTS

Table Sector Ohio Sector Ohio Valley No. Valley Date Event/sponsor location Regulated area

1 ...... 1 Labor Day week- Wheeling Vintage Re- Ohio River, Wheel- Ohio River, mile marker 90.4 to end. gatta/Wheeling Vin- ing, WV. 91.5, Wheeling, WV. tage Race Boat Asso- ciation. 2 ...... 2 The Saturday be- Venture Outdoors Fes- Allegheny River, Allegheny River, 0.0–1.0 Pitts- fore Memorial tival/Venture Outdoors. Pittsburgh, PA. burgh, PA. Day weekend. 3 ...... 3 One day during the Oakmont Yacht Club Re- Allegheny River, Allegheny River, mile marker fourth week in gatta/Oakmont Yacht Oakmont, PA. 10.8 to 12.5, Oakmont, PA. July. Club. 4 ...... 4 One day during the Pittsburgh Triathlon/Pira- Allegheny River, Allegheny River, mile marker 0.0 last two weeks in nha Sports LLC. Pittsburgh, PA. to 1.0, Pittsburgh, PA. July or first week of August. 5 ...... 5 The second Sun- Mountaineer Triathlon/ Monongahela Monongahela River, mile marker day in August. Greater Morgantown River, Morgan- 101.0 to 102.0, Morgantown, Convention and Visi- town, WV. WV. tors Bureau. 6 ...... 6 One day in the first Head of the Ohio/Three Allegheny River, Allegheny River, mile marker 0.0 week of October. Rivers Rowing Asso- Pittsburgh, PA. to 3.5, Pittsburgh, PA. ciation. 7 ...... 7 First Weekend in Kentucky Lake Sailing Grand Rivers, KY .. No Regulated Area, Sailing ves- May. Club/Riddle Cup Re- sels will not impede navigation. gatta. 8 ...... 8 First weekend in Kentucky Lake Sailing Grand Rivers, KY .. No Regulated Area, Sailing ves- October. Club/100K Distance sels will not impede navigation. Race. 9 ...... 9 Second Weekend Kentucky Lake Sailing Grand Rivers, KY .. No Regulated Area, Sailing ves- in September. Club/Watkins Cup Re- sels will not impede navigation. gatta. 10 ..... 10 Third Weekend In Paducah Summer Fes- Paducah, KY ...... The Ohio River From mile mark- July. tival/Cross River Swim. er 934–936 will be closed to all traffic due to the hazardous conditions associated with personnel swimming across the Ohio River at mile marker 935. Estimated time of restriction is 2 hours. 11 ..... 11 First weekend in Kentucky Drag Boat As- Grand Rivers KY... No wake zone in Pisgah Bay, June. sociation/Pisgah Bay mile marker 30 Tennessee Boat Races. River. Zone is in a bay roughly 1⁄2 mile from navigation channel. No restrictions placed on navigation. 12 ..... 12 Second Weekend Kentucky Drag Boat As- Grand Rivers KY... No wake zone in Pisgah Bay, in July. sociation/Pisgah Bay mile marker 30 Tennessee Boat Races. River. Zone is in a bay roughly 1⁄2 mile from navigation channel. No restrictions placed on navigation. 13 ..... 13 Last Weekend in Kentucky Drag Boat As- Grand Rivers KY... No wake zone in Pisgah Bay, July or First sociation/Pisgah Bay mile marker 30 Tennessee Weekend in Au- Boat Races. River. Zone is in a bay roughly gust. 1⁄2 mile from navigation channel. No restrictions placed on navigation. 14 ..... 14 June through Octo- Common Wealth Yacht Grand River KY .... No Regulated Area, Sailing ves- ber. Club/CYC Sailing Se- sels will not impede navigation. ries.

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TABLE 1 OF § 100.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL MARINE EVENTS— Continued

Table Sector Ohio Sector Ohio Valley No. Valley Date Event/sponsor location Regulated area

15 ..... 15 Last Weekend in Common Wealth Yacht Grand Rivers, KY .. No Regulated Area, Sailing ves- September. Club/Commonwealth sels will not impede navigation. Cup Regatta. 16 ..... 16 1 day—The last Great Steam Boat Race/ Louisville, KY ...... Bank to Bank of the Ohio River, week of April or Kentucky Derby Fes- mile marker 597.0 to 604.3. the first week of tival. May. 17 ..... 17 3 days Last week- Thunder on the Ohio/ Evansville, IN ...... Bank to Bank Ohio River mile end in June. Evansville Freedom marker 792.0 to 93.0. Festival. 18 ..... 18 3 days—July 2–4 .. Madison Regatta/Madi- Madison, KY ...... Bank to Bank of the Ohio River son Regatta Inc. mile marker 555.0 to 560.0. 19 ..... 19 1 day—The 3rd Cardinal Harbour Finchville, KY ...... Bank to Bank of the Ohio River weekend in July. Triathlon. at mile marker 589.0. 20 ..... 20 1 day—The 1st Ducks On the Ohio/ Evansville, KY ...... Bank to Bank of the Ohio River weekend of Au- Evansville Goodwill In- at mile marker 752.0. gust. dustries. 21 ..... 21 1 day—The last World Triathlon Corpora- Louisville, KY ...... Bank to Bank of the Ohio River, weekend of Au- tion. mile marker 601.5 to 604.5. gust. 22 ..... 22 Second Saturday in Marietta Invitational West Marietta, Muskingum River mile marker April. Rowing Regatta. Muskingum River. 1.5 to .5.1.5 miles upriver from the confluence of the Muskingum and Ohio Rivers on the Muskingum River to 1 mile downriver on the Muskingum River. 23 ..... 23 Third or Fourth West Virginia Governor’s Charleston, WV, Kanawha River mile marker 59.4 Saturday in April. Cup. Kanawha River. to 61.9, downstream of Daniel Boone Boat Ramp to 1⁄2 mile downriver past the University of Charleston. 24 ..... 24 Second weekend in Marietta Riverfront Roar Marietta, OH Ohio Ohio River mile marker 172.6 to July. River. 171.6. 25 ..... 25 First weekend in Summerfest ...... Guyandotte, WV. Ohio River mile marker 305.5 to August. Ohio River. 304.2, 1⁄2 mile up and down river from the Proctorville Bridge, which crosses from Guyandotte, WV to Proctorville, OH. 26 ..... 26 Third Weekend in Toyota Governor’s Cup Charleston, WV. Kanawha River mile marker 56.7 August. Kanawha River. to 57.6. From the I–64 bridge which is right below the confluence of the Elk and Kanawha Rivers to 1 mile down river. 27 ..... 27 Second or Third Ohio Sternwheel Festival Parkersburg, WV Restricted area for the weekend in Sep- Ohio River. sternwheel race reenactment tember. extending from mile marker 172.4 to 170.3.2 on the Ohio River. Safety zone for the fireworks display, extending from mile marker 171.5 to 172.5 (about 1⁄2 mile up and down river from the confluence of the Ohio and Muskingum Rivers). (See 33 CFR 165). 28 ..... 28 First weekend in Star USA Capital City Charleston, WV Kanawha River mile marker 62.2 October. Challenge. Kanawha River. to 57.2, 1⁄2 mile upriver from the Daniel Boone Boat Launch downriver 1⁄2 mile past the confluence of the Elk and Ohio Rivers. 29 ..... 29 Last weekend in Waterworks half mara- Charleston, WV Kanawha River mile marker September. thon and sprint races Kanawha River. 171.7 to 172.7. A regulated rowing regatta. area will exist around the confluence of the Muskingum and Ohio Rivers—approximately 1⁄2 mile each way.

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TABLE 1 OF § 100.801—EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL MARINE EVENTS— Continued

Table Sector Ohio Sector Ohio Valley No. Valley Date Event/sponsor location Regulated area

30 ..... 30 The 2nd weekend Clarksville Riverfest/City Clarksville, TN...... Cumberland River mile marker in September. of Clarksville. 125.0 to 126.0. 31 ..... 31 The 3rd weekend The Great Kiwanis Duck Chattanooga, TN.. Tennessee River mile marker in June.. Race/Kiwanis Club of 463.0 to 464.0. Chattanooga. 32 ..... 32 1st weekend in Rev3 Triathlon Series/ Knoxville, TN...... Tennessee River mile marker May. Rev3. 646.0 to 649.0. 33 ..... 33 2nd weekend in Chattanooga River Rats Chattanooga, TN.. Tennessee River mile marker June. Open Water Swim/ 464.0 to 469.0. Chattanooga Parks and Recreation. 34 ..... 34 2nd weekend in Chattanooga Waterfront Chattanooga, TN.. Tennessee River mile marker July. Triathlon/. 463.0 to 465.0. Team Magic ...... 35 ..... 35 4th weekend in Music City Triathlon/ Nashville, TN ...... Cumberland River mile marker July. Team Magic. 190.0 to 192.0. 36 ..... 36 3rd weekend in Au- Pro Wakeboard Tour/ Knoxville, TN...... Tennessee River mile marker gust. World Sports and Mar- 647.0 to 648.0. keting. 37 ..... 37 2nd weekend in Dragon Boat and River Nashville, TN ...... Cumberland River mile marker August. Festival/Cumberland 190.0 to 192.0. River Compact. 38 ..... 38 3rd weekend in Great Nashville Duck Nashville, TN ...... Cumberland River mile marker September. Race/Boys and Girls 190.0 to 192.0. Club of Middle Ten- nessee. 39 ..... 39 1st weekend in Oc- Chattanooga Head Chattanooga, TN.. Tennessee River mile marker tober. Race/Lookout Rowing 464.0 to 467.0. Club. 40 ..... 40 1st weekend in No- Head of the Hooch Row- Chattanooga, TN.. Tennessee River mile marker vember. ing Regatta/Lookout 463.0 to 469.0. Rowing Club. 41 ..... 41 The last weekend A Roar of Thunder/Au- Ohio River, Aurora, Ohio River mile marker 496.0 to in August. rora Riverfront Beau- IN. 499.0, Aurora, IN. tification Committee. 42 ..... 42 The last Saturday Ohio River Way Ohio River, Cin- Ohio River mile marker 459.5 to in June. Paddlefest/Ohio River cinnati, OH. 471.5, Cincinnati, OH. Way Inc. 43 ..... 43 The fourth Satur- Great Ohio River Swim/ Ohio River, Cin- Ohio River mile marker 469.7 to day in July. Ohio River Way Inc. cinnati, OH. 470.3, Cincinnati, OH. 44 ..... 44 The fourth Sunday Cincinnati Triathlon/Tuc- Ohio River, Cin- Ohio River mile marker 469.3 to of July. son Racing. cinnati, OH. 470.3, Cincinnati, OH. 45 ..... 45 Third Saturday in Head of the Kanawha Kanawha River ..... From mile marker 62.4, half mile October. Rowing Regatta. up river from the Daniel Boone public boat ramp down to mile marker 57.4, half mile downriver from the confluence of the Elk River and the Kanawha River.

Sector Upper Sector Mississippi Date Event/sponsor Upper Mississippi Regulated area River River location

46 ... 1 1 day—Third Satur- Clear Lake Chapter of Quad Cities, IL...... Upper Mississippi River mile day in May. the ACBS/That was marker 454.0 to 456.0 (Iowa). then, This is Now Boat Show & Exhibition. 47 ... 2 1 day—Third Satur- Lake West Chamber of Lake of the Ozarks, Lake of the Ozarks mile marker day in March. Commerce/St. Pat- MO. 5.0 to 10.0 (Missouri). rick’s Water Parade. 48 ... 3 1 day—Third Satur- Marine Max/Aqua Plooza Lake of the Ozarks, Lake of the Ozarks Mile marker day in July. MO. 18.7 to 19.3 (Missouri). 49 ... 4 2 day—Third Champboat Series LLC/ Minneapolis, MN... Upper Mississippi River mile Weekend in July. Aquatennial Power marker 854.8 to 855.8 (Min- Boat Grand Prix. nesota).

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Sector Upper Sector Mississippi Date Event/sponsor Upper Mississippi Regulated area River River location

50 ... 5 2 day—Third week- Lake City Chamber of Lake City, MN...... Upper Mississippi River mile end in June. Commerce/Water Ski marker 772.4 to 772.8 (Min- Days. nesota). 51 ... 6 2 days—First week River City Days Associa- Red Wing, MN...... Upper Mississippi River mile of August. tion/River City Days. marker 791.4 to 791.8 (Min- nesota). 52 ... 7 2 days—Second St. Louis Drag Boat As- New Athens, IL ...... Kaskaskia River mile marker 28.0 weekend of Sep- sociation/New Athens to 29.0 (Illinois). tember. Drag Boat Race. 53 ... 8 2 day—Third week- Havana Chamber of Havana, IL ...... Illinois River mile marker 120.3 to end in July. Commerce/Havana 119.7 (Illinois). Boat Races. 54 ... 9 3 days—Third K.C. Aviation Expo & Air Kansas City, MO ... Missouri River mile marker 366.3 weekend in Au- Show/K.C. Aviation to 369.8 (Missouri). gust. Expo & Air Show. 55 ... 10 3 days a week from Twin City River Rats Or- Twin Cities, MN..... Upper Mississippi River mile May 4th–Sep- ganization/Twin City marker 855.4 to 855.8 (Min- tember 30th. River Rats. nesota).

Sector Houston- Date Event/sponsor Sector Houston- Regulated area Galveston Galveston location

56 ... 1 A Saturday evening Yachty Gras...... Clear Lake, TX ...... Clear Creek Channel from ap- within the Mardi proximate position Latitude Gras Season 29°33′16.8″ N, Longitude (February or 095°03′39.6″ W in Clear Lake March). thence east/northeast in the Clear Creek Channel to approximate position Latitude 29°32′58.8″ N, Longitude 095°00′30.6″ W in Galveston Bay. (NAD 83). 57 ... 2 A Saturday morning Memorial Hermann Gate- Galveston Bay, TX Galveston Bay within an area be- in April. way to the Bay ginning at Latitude Triathlon. 29°32′38.02″ N, Longitude 095°00′58.30″ W thence east to Latitude 29°32′46.73’’N, Lon- gitude 094°59′50.36″ W, thence south to Latitude 29°32′36.98″ N, Longitude 094°59′50.32″ W, thence west to 29°32′30.86″ N, Longitude 095°00′56.91″ W thence along the shoreline to the point of beginning. (NAD 83). 58 ... 3 The 1st Sunday Blessing of the Fleet ...... Clear Lake, TX ...... Clear Creek Channel from ap- afternoon in May. proximate position Latitude 29°33′16.8″ N, Longitude 095°03′39.6″ W in Clear Lake thence east/northeast in the Clear Creek Channel to approximate position Latitude 29°32′58.8″ N, Longitude 095°00′30.6″ W in Galveston Bay. (NAD 83). 59 ... 4 3 days during the RiverFest Power Boat Neches River, Port Adjacent to Port Neches Park— 1st weekend in Races/Port Neches Neches, TX. all waters of the Neches River May (including Chamber of Com- shoreline to shoreline south of partial weekends). merce.. 30°00′08″ N and west of 093°56′00″ W (NAD 83). 60 ... 5 2nd or 3rd week- SPORT Power Boat Sabine River, Or- Adjacent to the Orange, TX public end in Sep- Races/City of Orange, ange, TX. boat ramp—all waters of the tember. TX Convention/Visitors Sabine River, shoreline to Bureau. shoreline, south of 30°05′33″ N and north of 30°05′45″ N (NAD 83).

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Sector Houston- Date Event/sponsor Sector Houston- Regulated area Galveston Galveston location

61 ... 6 The 2nd Saturday Christmas Boat Parade Clear Lake, TX ...... Clear Creek Channel from ap- night in Decem- on Clear Lake. proximate position Latitude ber. 29°33′16.8″ N, Longitude 095°03′39.6″ W in Clear Lake thence east/northeast in the Clear Creek Channel to approximate position Latitude 29°32′58.8″ N, Longitude 095°00′30.6″ W in Galveston Bay. (NAD 83).

Sector Cor- Sector Corpus pus Christi Date Event/sponsor Christi location Regulated area

62 ... 1 2nd, 3rd or 4th Corpus Christi Yacht Corpus Christi Bay, All waters contained within 1-mile Wednesday thru Club/World Kite-board- Corpus Christi, of McGee Beach where partici- Sunday in April. ing Championship. TX. pants will race through course markers. 63 ... 2 2nd, 3rd or 4th M.M.D. Communications Corpus Christi Ma- All waters inside the Corpus Thursday thru Corporation/Texas rina/Corpus Christi Marina Breakwater, Cor- Saturday in April. International Boat Christi, TX. pus Christi, TX. Show. 64 ... 3 2nd, 3rd or 4th American Power Boat Corpus Christi Bay, All waters of the Corpus Christi Thursday thru Association/Power Corpus Christi, Marina contained between the Saturday in April Boat Races. TX. People’s Street T-Head on the OR 1st or 2nd west, the primary breakwater Thursday thru on the east, the southern Saturday in May. boundary running from the southernmost tip of the Peo- ple’s Street T-Head (approx 27–47–43.4N 097–23–16W) along a line running due east to the breakwater (approx 27–47– 43.8N 097–23–5.2W), and the northern boundary line running from the northern most tip of the secondary breakwater (approx 27–47–57N 097–23– 21.7W) and the end of the primary breakwater (approx 27– 47–59.1N 097–23–9.5W). 65 ... 4 3rd or 4th Friday- Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus Sunday in April. Club/Port Aransas La- Corpus Christi, Christi Ship Channel and 5- dies Regatta. TX. miles East of the Corpus Christi Marina. 66 ... 5 2nd, 3rd or 4th Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus Thursday-Sunday Club/Melges 24′ Corpus Christi, Christi Ship Channel and 5- in May. Championship Regatta. TX. miles East of the Corpus Christi Marina. 67 ... 6 1st or 2nd Friday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus and Saturday in Club/Changes in Corpus Christi, Christi Ship Channel and 5- June. L’Attitude Regatta. TX. miles East of the Corpus Christi Marina. 68 ... 7 1st or 2nd Saturday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus and Sunday in Club/Navy Regatta. Corpus Christi, Christi Ship Channel and 5- August. TX. miles East of the Corpus Christi Marina. 69 ... 8 3rd or 4th Wednes- Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus day thru Satur- Club/Corpus Christi Corpus Christi, Christi Ship Channel and 5- day in August. Race Week. TX. miles East of the Corpus Christi Marina. 70 ... 9 3rd or 4th Friday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus and Saturday in Club/Bill Best Regatta. Corpus Christi, Christi Ship Channel and 5- September. TX. miles East of the Corpus Christi Marina. 71 ... 10 1st Saturday in De- City of Corpus Christi/ Corpus Christi Ma- All waters inside the Corpus cember. Harbor Lights Boat Pa- rina/Corpus Christi Marina Breakwater, Cor- rade. Christi, TX. pus Christi, TX. 72 ... 11 1st or 2nd Friday Aransas Pass Yacht Conn Brown Har- All waters contained within Conn and Saturday in Club/Christmas Lighted bor/Aransas Brown Harbor in Aransas Pass, December. Boat Parade. Pass, TX. TX.

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Sector Cor- Sector Corpus pus Christi Date Event/sponsor Christi location Regulated area

73 ... 12 1st or 2nd Friday Padre Island Yacht Club/ Canals along the All waters along the parade route and Saturday in La Posada Lighted North Padre Is- contained within the North December. Boat Parade. land in Corpus Padre Island canals in Corpus Christi, TX. Christi, TX. 74 ... 13 1st or 2nd Friday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus thru Sunday in Club/Frost Bite Re- Corpus Christi, Christi Ship Channel and 5- December. gatta. TX. miles East of the Corpus Christi Marina.

Sector New Sector New Orle- Orleans Date Event/sponsor ans location Regulated area

75 ... 1 The Monday before Riverwalk Marketplace, Mississippi River, Lower Mississippi River, Above Mardi Gras. Lundi Gras Boat Pa- New Orleans, LA. Head of Passes, from mile rade. marker 93 to 96, extending the entire width of the river in the vicinity of the Riverwalk, New Orleans, LA. 76 ... 2 One day during the Family Fun Festival Pi- Larose, LA ...... In Bayou Lafourche, race begins last weekend of rogue Race/Bayou at LA HWY 657 (Lat: April. Civic Club. 29°34′17.29″ N; Long: 090°22′58.60″ W) and ends at the Larose Locks (Lat: 29°34′06.20″ N; Long: 090°22′26.50″ W) Part of Bayou Lafourche will be closed for 30 minutes to vessel traffic for race to occur. 77 ... 3 The 3rd Sunday in Blessing of the Shrimp Chauvin, LA ...... Starts at Bayou Petit Caillou (Lat: April. Fleet/St. Joseph’s 29°27′43.84″ N; Long: Catholic Church. 090°35′19.50″ W) and continues to Lake Boudreaux/ Boudreaux Canal (Lat: 29°23′30.83″ N; Long: 090°38′13.64″ W). 78 ... 4 The 1st weekend Blessing of the Fleet and Golden Meadow, Starts on Bayou Lafourche at Our after Easter. Boat Parade/Our Lady LA. Lady of Prompt Succor Catholic of Prompt Succor Church (Lat: 29°23′47.25″ N; Catholic Church. Long: 090°16′17.72″ W) to the Parish Limits (Lat: 29°25′09.96″ N; Long: 090°17′12.26″ W) to the end of Golden Meadow Business District (Lat: 29°22′16.86″ N; Long: 090°15′32.46″ W) and returning to starting point. 79 ... 5 The 2nd Sunday Grand Caillou Boat Dulac, LA...... Bayou Grand Caillou, Starts after Easter. Blessing/Holy Family 29°25′30.98″ N, 090°41′59.91″ Church. W; to 29°14′42.13″ N, 090°44′03.57″ W; to 29°22′15.44″ N, 090°43′53.84″ W; and returning to starting point. 80 ... 6 Month of July ...... Deep South Racing As- Atchafalaya River Atchafalaya River, Butte La Rose, sociation/Battle at the at Butte La Rose, LA. Butte. LA. 81 ... 7 Month of July or Battle of the Basin Boat Morgan City, LA .... Morgan City Port Allen Route at August. Races, Morgan City, mile marker 4.5, Morgan City, LA. LA. 82 ... 8 1st weekend of LA Shrimp and Petro- Morgan City, LA .... Atchafalaya River at mile marker September. leum Festival Fleet 118.5, Morgan City, LA. Blessing, LA Shrimp and Petroleum Festival and Fair Association.

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Sector Lower Sector Lower Mississippi Date Event/sponsor Mississippi River Regulated area River location

83 ... 1 The 1st or 2nd Sat- Memphis in May Canoe Lower Mississippi Regulated Area: Lower Mis- urday in May. & Kayak Race/Outdoor River, Memphis, sissippi River, mile marker Inc. TN. 735.5 to 738.5, Memphis, TN. 84 ... 2 Second Saturday in Phatwater Kayak Chal- Lower Mississippi Regulated Area: Lower Mis- October. lenge/Phatwater Kayak River, Natchez, sissippi River, mile marker Challenge Inc. MS. 363.0 to 405.0, Natchez, MS. 85 ... 3 1st of January ...... Ski Freeze/The Dream Wolf River Chute, Regulated Area: Wolf River Factory of Memphis. Memphis, TN. Chute, mile marker 1.0 to 3.0, Memphis, TN. 86 ... 4 3rd Saturday in BluzCruz Kayak Mara- Lower Mississippi Regulated Area: Lower Mis- April. thon/BluzCruz Race River, Vicksburg, sissippi River, mile marker Committee. MS. 457.4 to 437.4, Vicksburg, MS. 87 ... 5 3rd Saturday in Maria Montessori Re- Wolf River Chute, Regulated Area: Wolf River April. gatta/Maria Montessori Memphis, TN. Chute, mile marker 1.0 to 3.0, School. Memphis, TN.

Sector Sector Mobile loca- Mobile Date Event/sponsor tion Regulated area

88 ... 1 1 Day; Fat Tuesday Mardi Gras Boat Parade/ Intracoastal Water- Intracoastal Waterway mile mark- (Mardi Gras Day). Gulf Shores Homeport way, Orange er 155.0 to -159.0 (EHL), Starts Marina. Beach, AL to at the Wharf Marina, Orange Gulf Shores, AL. Beach, AL and heads west to Homeport Marina, Gulf Shores, AL. 89 ... 2 1 Day; 1st weekend Mobile Air Sea Rescue- Mobile River, Mo- Mobile River, half a mile down following Fat Boat Show/Gulf Coast bile, AL. river and half a mile upriver Tuesday. Shows. from the Mobile Convention Center. 90 ... 3 1 Day; 1st or 2nd Battle on the Bayou/ Old Fort Bayou, Old Fort Bayou, from Gulf Hills Saturday in Mach. South Coast Paddling Ocean Springs, Hotel to the Shed Barbeque. Company. MS. 91 ... 4 1 Day; Mid March Rowing Competition/Uni- Black Warrior Black Warrior River between river to Mid April. versity of South Ala- River, Tusca- mile marker 339.0 to 341.5. bama. loosa, AL. 92 ... 5 2 Days; 3rd week- Chattahoochee Chal- Apalachicola River, Apalachicola River between mile end in March. lenge/City of Chat- Chattahoochee, marker 104.6 and 106.0. tahoochee. GA. 93 ... 6 1 Day; Last Satur- Blessing of the Fleet/ Saint Andrew Bay, Saint Andrew Bay, all waters ex- day in March. Panama City Marina. Panama City, FL. tending 100 yards out from the Panama City Marina seawall. 94 ... 7 1 Day; 2nd or 3rd USAT Triathlon/Tusca- Black Warrior Black Warrior River mile marker weekend in April. loosa Tourism and River, Tusca- 338.5 to 339.5. Sports Commission. loosa, AL. 95 ... 8 2 Days; Between Smokin the Sound/ Biloxi Ship Chan- Biloxi Ship Channel, Channel the 1st week in Smokin the Sound. nel, Biloxi, MS. Marker 2 thru 35. April to the last week in May. 96 ... 9 2 Days; Between Smokin the Lake/Smokin Lake Gulfport, Gulf- Lake Gulfport, Bounded by the the 1st week in the Sound. port, MS. following coordinates: Eastern April to the last boundary; Latitude 30°25′36″ week in May. N, Longitude 089°03′8″ W to Latitude 30°25′26″ N, Lon- gitude 089°03′8″ W. Western boundary; Latitude 30°25′32″ N, Longitude 089°03′59″ W, to Latitude 30°25′26″ N, Lon- gitude 089°03′59″ W. 97 ... 10 1 Day; Next to last Dauphin Island Race/ Mobile Bay, Mobile, Mobile Bay Mobile Ship Channel, or last weekend Fairhope, Lake Forest, AL. Channel Markers 37 & 38 thru in April. Mobile, and Buccaneer Channel Markers 49 & 50. Yacht Clubs. 98 ... 11 1 Day; 1st or 2nd Blessing of the Fleet/St. Bayou La Batre, All of Bayou La Batre. Sunday in May. Margaret’s Catholic Bayou La Batre, Church. AL.

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Sector Sector Mobile loca- Mobile Date Event/sponsor tion Regulated area

99 ... 12 2 Days; 1st week- Billy Bowlegs Pirate Fes- Santa Rosa Sound, Santa Rosa Sound, including all end in June. tival/Greater Fort Wal- Ft. Walton waters between an eastern ton Beach Chamber of Beach, FL. boundary represented by posi- Commerce. tions 30°24′22.5″ N, 086°35′14″ W; 30°23′51.4″ N, 086°35′14″ W, and a western boundary represented by positions 30°24′13.5″ N, 086°37′11″ W; 30°23′58.5″ N, 086°37′11″ W. 100 13 1 Day; 1st Sunday Blessing of the Fleet/St. Biloxi Channel, Bi- All of Biloxi Channel. in June. Michael’s Catholic loxi, MS. Church. 101 14 4 Days; In October Thunder on the Gulf/Gulf Gulf of Mexico, Or- Gulf of Mexico for the waters off Coast Power Boat As- ange Beach, FL. Orange Beach, AL, enclosed sociation. by a box starting at a point on the shore at approximately 30°15′39″ N, 087°36′42″ W, then south to 30°14′54″ N, 087°36′42″ W, then east, roughly parallel to the shore line to 30°15′22″ N, 087°33′31″ W, then north to a point on the shore at approximately 30°16′13″ N, 087°33′31″ W. 102 15 1 Day; Saturday Boat Parade of Lights/ St. Andrew Bay, St Andrew Bay, Starts at St. An- following Thanks- City of Panama City & Panama City, FL. drews Bay Yacht Club and giving. St. Andrews Waterfront ends at St Andrews Bay Ma- Partnership. rina. 103 16 1 Day; 1st Saturday Christmas on the River/ Tombigbee River, Tombigbee River, from Mile 215.5 in December. Demopolis Area Demopolis, AL. to Mile 217.0. Chamber of Com- merce. 104 17 1 Day; 1st Saturday Christmas by the River/ Beardslee Lake & East Beardslee Lake near Hwy in December. Moss Point Active Citi- Robertson Lake, 613 bridge to West Robertson zens. Moss Point, MS. Lake parallel to Hwy 613, south to the Jackson County Ski Area. 105 18 1 Day; 1st Saturday Christmas on the Water/ Biloxi Channel, Bi- Biloxi Channel from Channel in December. Christmas on the loxi, MS. Marker 4 to Channel Marker Water Committee. 30.

[CGD08–94–019, 60 FR 10314, Feb. 24, 1995, as amended by CGD 08–98–018, 63 FR 70654, Dec. 22, 1998; CGD 08–99–066, 65 FR 46597, July 31, 2000; CGD08–01–012, 67 FR 8195, Feb. 22, 2002; USCG– 2006–25556, 72 FR 36327, July 2, 2007; USCG–2008–0386, 74 FR 22675, May 14, 2009; USCG–2011–0286, 77 FR 12459, Mar. 1, 2012; USCG–2011–0286, 77 FR 28766, May 16, 2012]

§ 100.901 Great Lakes annual marine such notices, contact: Com- events. mander(oan), Ninth Coast Guard Dis- trict, 1240 E. Ninth St., Cleveland, OH Permanent special local regulations 44199–2060. Sponsors of events listed in are hereby established for the marine Table 1 must still submit an application events listed in Table 1. These regula- each year in accordance with 33 CFR tions will be effective annually, for the 100.15. duration of each event, on or about the (a) The Coast Guard will patrol the dates indicated in Table 1. Annual no- regatta area under the direction of a tice of the exact dates and times of the designated Coast Guard Patrol Com- effective period of the regulations with mander. The Patrol Commander may respect to each event, the geographical be contacted on Channel 16 (156.8 MHZ) description of each regulated area, and by the call sign ‘‘Coast Guard Patrol details concerning the nature of the Commander.’’ Vessels desiring to tran- event and the number of participants sit the regulated area may do so only and type(s) of vessels involved will be with prior approval of the Patrol Com- published in local notices to mariners. mander and when so directed by that To be placed on the mailing list for officer. Vessels will be operated at a no

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wake speed to reduce the wake to a Flagship International Kilo Speed minimum, and in a manner which will Challenge not endanger participants in the event Sponsor: Presque Isle Powerboat or any other craft. The rules contained Racing Association. in the above two sentences shall not Date: 3rd or 4th weekend of June. apply to participants in the event or Location: That portion of Lake Erie, vessels of the patrol operating in the Presque Isle Bay, south of a line drawn performance of their assigned duties. from 42°08′54″ N 080°05′42″ W; to 42°07′ N (b) The Patrol Commander may di- 080°21′ W will be a regulated area. That rect the anchoring, mooring, or move- portion of Lake Erie, Presque Isle bay, ment of any boat or vessel within the north of a line drawn from 42°08′54″ N regatta area. A succession of sharp, 080°05′42″ W; to 42°07′ N 080°21′ W will be short signals by whistle or horn from a ‘‘caution area’’. All vessels transiting vessels patrolling the area under the the caution area will be operated at direction of the U.S. Coast Guard Pa- bare steerageway, keeping the vessel’s trol Commander shall serve as a signal wake at a minimum, and will exercise to stop. Vessels so signaled shall stop a high degree of caution in the area. and shall comply with the orders of the The bay entrance will not be effected. Patrol Commander. Failure to do so Flagship International Offshore may result in expulsion from the area, Challenge citation for failure to comply, or both. (c) The Patrol Commander may es- Sponsor: Presque Isle Powerboat tablish vessel size and speed limita- Racing Association. tions and operating conditions. Date: 3rd or 4th weekend of June. Location: That portion of Lake Erie, (d) The Patrol Commander may re- Presque Isle Bay, Entrance Channel, strict vessel operation within the re- and the enclosed area from Erie Harbor gatta area to vessels having particular Pier Head Light (LLNR 3430) northeast operating characteristics. to 42°12′48″ N 079°57′24″ W, thence south (e) The Patrol Commander may ter- to shore just east of Shades Beach. minate the marine event or the operation of any vessel at any time it is Friendship Festival Airshow deemed necessary for the protection of Sponsor: Friendship Festival life and property. Date: 4th of July holiday. (f) Patrol Commander means a Coast Location: That portion of the Niag- Guard commissioned, warrant, or petty ara River and Buffalo. officer who has been designated by the Harbor from: Captain of the Port to monitor a regatta area, permit entry into the re- Latitude Longitude gatta area, give legally enforceable or- 42°54.4′ N ...... 078°54.1′ W, thence to ders to persons or vessels within the re- 42°54.4′ N ...... 078°54.4′ W, thence along the International Border to gatta area, and take other actions au- 42°52.9′ N ...... 078°54.9′ W, thence to thorized by the Captain of the Port. 42°52.5′ N ...... 078°54.3′ W, thence to 42°52.7′ N ...... 078°53.9′ W, thence to 42°52.8′ N ...... 078°53.8′ W, thence to ABLE T 1 42°53.1′ N ...... 078°53.6′ W, thence to 42°53.2′ N ...... 078°53.6′ W, thence to Sector Buffalo, NY: 42°53.3′ N ...... 078°53.7′ W, thence along the breakwall to Fireworks by Grucci 42°54.4′ N ...... 078°54.1′ W.

Sponsor: New York Power Authority. NFBRA Red Dog Kilo Time Trials Date: Last weekend of July. Sponsor: Niagara Frontier Boat Rac- Location: Lake Ontario, Wright’s ing Association. Landing/Oswego Harbor, NY within an Date: 4th or 5th weekend of Sep- 800 foot radius of the fireworks launch- tember. ing platform located in approximate Location: That portion of the Niag- ° ′ ″ ° ′ ″ position 43 28 10 N 076 31 04 W. ara River, Tonawanda Channel, between Tonawanda Channel Buoy 31 to

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approximately 1⁄2 mile southwest of We Love Erie Days Fireworks Twomile Creek along a line drawn from Sponsor: We Love Erie Days Festival, 43°00′45″ N 078°55′06″ W to 43°00′28″ N Inc. 078°54′56″ W (Sipco Oil Company). Date: 3rd weekend of August. Sodus Bay 4th of July Fireworks Location: That portion of Lake Erie, Erie Harbor, within a 300 foot radius, Sponsor: Sodus Bay Historical Soci- surrounding the Erie Sand and Gravel ety. Pier, located in position 42°08′16″ N Date: 4th of July holiday. 080°05′40″ W. Location: Lake Ontario, within a 500 Sector Sault Ste. Marie, MI: foot radius around a barge anchored in approximate position 43°15.73′ N Bridgefest Regatta 076°58.23′ W, in Sodus Bay. Sponsor: Bridgefest Committee. Tallship Erie Date: 2nd weekend of June. Location: Keweenaw Waterway, from Sponsor: Erie Maritime Programs, the Houghton Hancock Lift Bridge to Inc. 1000 yards west of the bridge, near Date: 1st or 2nd weekend of July. Houghton, MI. Location: That portion of Lake Erie, Presque Isle Bay Duluth Fourth Fest Fireworks Entrance Channel and Presque Isle Sponsor: Office of the Mayor, Duluth, Bay from: MN. Date: 4th of July weekend. Latitude Longitude Location: That portion of the Duluth 42°10′ N ...... 080°03′ W, thence to Harbor Basin Northern Section bound- 42°08.1′ N ...... 080°07′ W, thence to ed on the south by a line drawn on a 42°07.9′ N ...... 080°06.8′ W, thence bearing of 087° true from the Cargill east along the shoreline and structures to: Pier through Duluth Basin Lighted 42°09.2′ N ...... 080°02.6′ W, thence to Buoy #5 (LLNR 15905) to the opposite ° ′ ° ′ 42 10 N ...... 080 03 W. shore on the north by the Duluth Aer- ial Bridge. That portion of Duluth Har- Thomas Graves Memorial Fireworks bor Basin Northern Section within 600 Display yards of position 46°46′47″ N 092°06′10″ W. Sponsor: Port Bay Improvement As- July 4th Fireworks sociation. Date: 1st or 2nd weekend of July. Sponsor: City of Sault Ste Marie, MI. Date: 4th of July weekend. Location: That portion of Lake On- Location: That portion of the St. tario, Port Bay Harbor, NY within a 500 Mary’s River, Sault Ste. Marie, MI ft radius surrounding a barge anchored within a 1000 foot radius of Brady Park, in approximate position 43°17′46″ N located on the south shore of the river. 076°50′02″ W. These waters are enclosed by the Locks Thunder Island Offshore Challenge to the west and to the east from a line drawn from the pier light of the east Sponsor: Thunder on the Water Inc. center pier to the U.S. Coast Guard Date: 3rd or 4th weekend of June. Base to the southeast. Location: That portion of Lake On- [CGD 09–88–01, 54 FR 29547, July 13, 1989] tario, Oswego Harbor from the West EDITORIAL NOTE: For FEDERAL REGISTER ci- Pier Head Light (LLNR 2080) north to: tations affecting § 100.901, see the List of CFR Sections Affected, which appears in the Latitude Longitude Finding Aids section of the printed volume 43°29′02″ N ...... 076°32′04″ W, thence to and at www.fdsys.gov. 43°26′18″ N ...... 076°39′30″ W, thence to 43°24′55″ N ...... 076°37′45″ W, thence § 100.902 Special Local Regulations; along the shoreline to the West Pier Head Light (LLNR 2080). Annual Bayview Mackinac Race...... (a) Regulated area. These Special Local Regulations apply to all U.S.

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navigable waters of the Black River, (4) If it is deemed necessary for the St. Clair River, and lower Lake Huron, protection of life and property, the bound by a line starting at latitude PATCOM may terminate at any time 042°58′47″ N, longitude 082°26′0″ W; then the marine event or the operation of easterly to latitude 042°58′24″ N, lon- any vessel within the regulated area. gitude 082°24′47″ W; then northward (5) In accordance with the general along the International Boundary to regulations in § 100.35 of this part, the latitude 043°2′48″ N, longitude 082°23′47″ Coast Guard will patrol the regatta W; then westerly to the shoreline at area under the direction of a des- approximate location latitude 043°2′48″ ignated Coast Guard Patrol Com- N, longitude 082°26′48″ W; then south- mander (PATCOM). The PATCOM may ward along the U.S. shoreline to lati- be contacted on Channel 16 (156.8 MHz) tude 042°58′54″ N, longitude 082°26′1″ W; by the call sign ‘‘Coast Guard Patrol then back to the beginning [DATUM: Commander.’’ NAD 83]. (6) The rules in this section shall not (b) Enforcement period. These Special apply to vessels participating in the Local Regulations will be enforced an- event or to government vessels patrol- nually at the commencement of the ling the regulated area in the perform- Bayview Mackinac Race. The enforce- ance of their assigned duties. ment period will last approximately seven hours on a single day each July. EFFECTIVE DATE NOTE: By USCG–2012–0403, 77 FR 36392, June 19, 2012, § 100.902 was added, The Coast Guard will notify the public effective July 21, 2012. of the exact enforcement date and times via a Notice of Enforcement pub- § 100.903 Harborfest Dragon Boat lished in the FEDERAL REGISTER. Also, Race; South Haven, MI. the Coast Guard may use marine (a) Regulated Area. A regulated area broadcasts, local notice to mariners, is established to include all waters of local news media, on-scene oral notice, the Black River from approximately and broadcasts on VHF–FM marine 250 yards upriver to 200 yards radio Channel 16 (156.8 MHZ) to notify downriver of the entrance to the South the public of the exact dates and times Haven Municipal Marina within the of enforcement. following coordinates starting at (c) Special local regulations. (1) No ves- 42°24′13.6″ N, 086°16′41″ W; then south- sel may enter the regulated area estab- east 42°24′12.6″ N, 086°16′40″ W; then lished in paragraph (a) of this section northeast to 42°24′19.2″ N, 086°16′26.5″ W; without prior approval from the Coast then northwest to 42°24′20.22″ N, Guard’s designated Patrol Commander 086°16′27.4″ W; then back to point of ori- (PATCOM). The PATCOM may restrict gin. (DATUM: NAD 83). vessel operation within the regulated (b) Special Local Regulations. The area to vessels having particular oper- regulations of § 100.901 apply. No vessel ating characteristics. may enter, transit through, or anchor (2) Vessels permitted to enter this within the regulated area without the regulated area must operate at a no permission of the Coast Guard Patrol wake speed and in a manner that will Commander. not endanger race participants or any (c) Effective Date. These regulations other craft. are effective annually on the third Sat- (3) The PATCOM may direct the an- urday of June, from 7 a.m. until 7 p.m. choring, mooring, or movement of any vessel within this regulated area. A [USCG–2007–27373, 72 FR 54834, Sept. 27, 2007] succession of sharp, short signals by whistle or horn from vessels patrolling § 100.904 Celebrate Americafest, Green the area under the direction of the Bay, WI. PATCOM shall serve as a signal to (a) Regulated Area. A regulated area stop. Vessels so signaled shall stop and is established to include all waters of shall comply with the orders of the the Fox River located between the PATCOM. Failure to do so may result Main Street Bridge at position 44°31′06″ in expulsion from the area, a Notice of N, 088°0′56″ W and the Walnut Street Violation for failure to comply, or Bridge at position 44°30′25″ N, 088°01′06″ both. W. (DATUM: NAD 83).

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(b) Special Local Regulations. The fore the first Saturday in August; 7 regulations of § 100.901 apply. No vessel p.m. to 9 p.m. may enter, transit through, or anchor [USCG–2007–27373, 72 FR 54834, Sept. 27, 2007, within the regulated area without the as amended by USCG–2009–0416, 74 FR 27438, permission of the Coast Guard Patrol June 10, 2009] Commander. (c) Effective Date. These regulations § 100.907 Milwaukee River Challenge; are effective annually on the first Milwaukee, WI. weekend of July; 2 p.m. to 5 p.m. (a) Regulated Area. All waters of the Milwaukee River from the junction [USCG–2007–27373, 72 FR 54834, Sept. 27, 2007] with the Menomonee River at position 43°01′55″ N, 087°54′40″ W to the Humboldt § 100.905 Door County Triathlon; Door Avenue Bridge at position 43°03′25″ N, County, WI. 087°53′53″ W. (DATUM: NAD 83). (a) Regulated Area. A regulated area (b) Special Local Regulations. The is established to include all waters of regulations of § 100.901 apply. No vessel Green Bay within a 2000-yard radius may enter, transit through, or anchor from the northwestern point of Horse- within the regulated area without the shoe Point near Frank E. Murphy permission of the Coast Guard Patrol County Park in position 45°00′46″ N, Commander. 087°20′30″ W. (DATUM: NAD 83). (c) Effective Date. These regulations (b) Special Local Regulations. The are effective annually on the third or regulations of § 100.901 apply. No vessel fourth Saturday of September; from 9 may enter, transit through, or anchor a.m. to 5 p.m. A Local Notice to Mari- within the regulated area without the ners will be published and a Broadcast Notice to Mariners will announce permission of the Coast Guard Patrol which date is being enforced. Commander. (c) Effective Date. These regulations [USCG–2007–27373, 72 FR 54834, Sept. 27, 2007] are effective July 22, 2007, July 26 and 27, 2008, July 25 and 26, 2009, July 24 and § 100.908 Charlevoix Venetian Night Boat Parade; Charlevoix, MI. 25, 2010, July 23 and 24, 2011; from 7 a.m. to 10 a.m. (a) Regulated Area. All waters of Round Lake, Charlevoix, MI. [USCG–2007–27373, 72 FR 54834, Sept. 27, 2007] (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel § 100.906 Grand Haven Coast Guard may enter, transit through, or anchor Festival Waterski Show, Grand within the regulated area without the Haven, MI. permission of the Coast Guard Patrol (a) Regulated Area. All waters of the Commander. Grand River at Waterfront Stadium (c) Effective Date. These regulations from approximately 350 yards upriver are effective annually on the fourth to 150 yards downriver of Grand River Saturday of July; from 9 p.m. to 11 Lighted Buoy 3A (Lightlist number p.m. 19000) within the following coordinates: [USCG–2007–27373, 72 FR 54834, Sept. 27, 2007] 43°04′ N, 086°14′12″ W; then east to 43°03′56″ N, 086°14′4″ W; then south to § 100.909 Chinatown Chamber of Com- 43°03′45″ N, 086°14′10″ W; then west to merce Dragon Boat Race; Chicago, 43°03′48″ N, 086°14′17″ W; then back to IL. the point of origin. (DATUM: NAD 83). (a) Regulated Area. All waters of the (b) Special Local Regulations. The South Branch of the Chicago River regulations of § 100.901 apply. No vessel from the 18th Street Bridge at position ° ′ ″ ° ′ ″ may enter, transit through, or anchor 41 51 28 N, 087 38 06 W to the Amtrak ° ′ ″ ° ′ ″ within the regulated area without the Bridge at position 41 51 20 N, 087 38 13 permission of the Coast Guard Patrol W. (DATUM: NAD 83). Commander. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel (c) Effective Date. These regulations may enter, transit through, or anchor are effective annually the Tuesday be- within the regulated area without the

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permission of the Coast Guard Patrol permission of the Coast Guard Patrol Commander. Commander. (c) Effective Date. These regulations (c) Enforcement Period: Two days dur- are effective annually on the third Fri- ing the second week in August. The day of July from 11:30 a.m. to 5 p.m. exact dates and times for this event and on the third Saturday of July from will be determined annually. 9 a.m. to 5 p.m. [USCG–2008–0220, 73 FR 41263, July 18, 2008] [USCG–2007–27373, 72 FR 54835, Sept. 27, 2007] § 100.912 Detroit Belle Isle Grand Prix, § 100.910 Southland Regatta; Blue Is- Detroit, MI. land, IL. (a) Regulated Area. A regulated area (a) Regulated Area. A regulated area is established to include all waters of is established to include all waters of the Detroit River near Belle Isle, the Calumet Sag Channel from the bounded by a line extending from a South Halstead Street Bridge at point of land on the southern shore of 41°39′27″ N, 087°38′29″ W; to the Crawford ° ′ ″ ° ′ ″ ° ′ ″ Belle Isle located at position 42 20 00 Avenue Bridge at 41 39 05 N, 087 43 08 N; 082°59′45″ W, to 50 yards offshore at W; and the Little Calumet River from position 42°19′57″; 082°59′ 43″, and con- the Ashland Avenue Bridge at 41°39′07″ tinuing at a distance of 50 yards around N, 087°39′38″ W; to the junction of the the western end of Belle Isle to the Calumet Sag Channel. (DATUM: NAD Belle Isle Bridge, maintaining a con- 83). stant distance of 50 yards from the (b) Special Local Regulations. The reg- shoreline and terminating at position ulations of § 100.901 apply. No vessel 42°20′28″; 082°59′43″ on the northern side may enter, transit through, or anchor of Belle Isle, adjacent to a point on within the regulated area without the land at position 42°20′24″ N; 082°59′48″ W permission of the Coast Guard Patrol (NAD 83). This area wraps around the Commander. downstream end of Belle Isle. (c) Enforcement Period. This section will be enforced annually on the Satur- (b) Special Local Regulations. The reg- day immediately prior to the first Sun- ulations of § 100.901 apply. No vessel day of November, from 3 p.m. until 5 may enter, transit through, or anchor p.m. and the first Sunday of November, within the regulated area without the from 9 a.m. until 5 p.m. permission of the Coast Guard Patrol Commander. [USCG–2008–0031, 73 FR 39235, July 9, 2008] (c) Enforcement Period: The last weekend in August. The exact dates and § 100.911 Bay City Airshow, Bay City, MI. times for this event will be determined annually. (a) Regulated Area. A regulated area is established to include all waters of [USCG–2008–0220, 73 FR 41263, July 18, 2008] the Saginaw River bound on the south by a line extending from a point of land § 100.913 ACORA Garwood Classic Off- on the western shore at position 43°32.2′ shore Race, Algonac, MI. N; 083°53.3′ W, east to a point of land on (a) Regulated Area. A regulated area the eastern shore located at position is established to include all waters of 43°32.2′ N; 083°53.2′ W, and bounded on St. Clair River’s North Channel, the north by a line extending from a Algonac, Michigan, bounded by a point of land on the western shore at north/south line beginning at a point of position 43°33.4′ N; 083°54.5′ W, east to a land adjacent to Allen Boats, Algonac, point of land on the eastern shore lo- MI (position 42°37′05″ N, 082°33′34″ W) ex- cated at position 43°33.4′ N; 083°54.3′ W. tending to a point of land on Harsens (NAD 83). This area is south of Middle Island (position 42°36′49″ N, 082°33′34″ W) Ground Island near Clements Munic- extending east along the shoreline of ipal Airport. Harsens Island to north/south line be- (b) Special Local Regulations. The reg- ginning at position 42°37′16″ N, 082°31′11″ ulations of § 100.901 apply. No vessel W (approx. 500 ft west of the Russell Is- may enter, transit through, or anchor land buoy) extending north to a point within the regulated area without the at position 42°37′28″ N, 082°31′11″ W

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(approx. 300 ft offshore from the Rus- the west; and the international bound- sell Boat Club), then west along the ary line on the east (NAD 83). shoreline of Algonac, MI stopping at (b) Special Local Regulations. The reg- the point of origin. (NAD 83). ulations of § 100.901 apply. No vessel (b) Special Local Regulations. The reg- may enter, transit through, or anchor ulations of § 100.901 apply. No vessel within the regulated area without the may enter, transit through, or anchor permission of the Coast Guard Patrol within the regulated area without the Commander. permission of the Coast Guard Patrol (c) Enforcement Period: The last week Commander. in July. The exact dates and times for (c) Enforcement Period: The first this event will be determined annually. weekend in August. The exact dates and times for this event will be deter- [USCG–2008–0220, 73 FR 41264, July 18, 2008] mined annually. § 100.916 Chris Craft Silver Cup Races, [USCG–2008–0220, 73 FR 41263, July 18, 2008] Algonac, MI. § 100.914 Trenton Rotary Roar on the (a) Regulated Area. A regulated area River, Trenton, MI. is established to include all waters of the St. Clair River, North Channel, (a) Regulated Area. A regulated area Algonac, Michigan, bounded on the is established to include all waters of north by a line starting at the northern the Detroit River, Trenton, Michigan, end of Russell Island at position 42°37.0′ bounded by an east/west line beginning ° ′ at a point of land at the northern end N; 082 31.4 W extending across the channel to Algonac to a point at posi- of Elizabeth Park in Trenton, MI, lo- ° ′ ° ′ cated at position 42°8.2′ N; 083°10.6′ W, tion 42 37.4 N; 082 31.5 W, and bounded extending east to a point near the cen- on the south by a line starting north of ter of the Trenton Channel located at Grande Point Cut on Russell Island at ° ′ ° ′ position 42°8.2′ N; 083°10.4′ W, extending position 42 36.3 N; 082 32.5 W extending south along a north/south line to a across the channel to Algonac to a ° ′ ° ′ point at the Grosse Ile Parkway Bridge point at position 42 36.5 N; 082 32.6 W. located at position 42°7.7′ N; 083°10.5′ W, (NAD 83). extending west along a line bordering (b) Special Local Regulations. The reg- the Grosse Ile Parkway Bridge to a ulations of § 100.901 apply. No vessel point on land located at position 42°7.7′ may enter, transit through, or anchor N; 083°10.7′ W, and along the shoreline within the regulated area without the to the point of origin. (NAD 83). This permission of the Coast Guard Patrol area is in the Trenton Channel between Commander. Trenton and Grosse Isle, MI. (c) Enforcement Period: The third (b) Special Local Regulations. The reg- week in August. The exact dates and ulations of § 100.901 apply. No vessel times for this event will be determined may enter, transit through, or anchor annually. within the regulated area without the [USCG–2008–0220, 73 FR 41264, July 18, 2008, as permission of the Coast Guard Patrol amended by USCG–2012–0306, 77 FR 37313, Commander. June 21, 2012] (c) Enforcement Period: The third week in July. The exact dates and § 100.917 The Old Club Cannonade, times for this event will be determined Harsens Island, MI. annually. (a) Regulated Area. A regulated area [USCG–2008–0220, 73 FR 41263, July 18, 2008] is established to include all waters of Lake St. Clair in an area bound by the § 100.915 St. Clair River Classic Off- coordinates starting at the cannon fir- shore Race, St. Clair, MI. ing position located at 42°32.5′ N; (a) Regulated Area. A regulated area 082°40.1′ W extending west to the Old is established to include all waters of Channel Light located at position the St. Clair River, St. Clair, Michigan, 42°32.5′ N; 082°41.6′ W angling northeast bounded by latitude 42°52′00″ N to the to position 42°33.5′ N; 082°40.6′ W then north; latitude 42°49′00″ N to the south; angling southeast to the point of origin the shoreline of the St. Clair River on creating a triangle shaped safety zone.

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(NAD 83). This area is near the south- and times for this event will be deter- ern end of Harsens Island in mined annually. Muscamoot Bay. (b) Special Local Regulations. The reg- [USCG–2008–0220, 73 FR 41264, July 18, 2008] ulations of § 100.901 apply. No vessel § 100.920 Tug Across the River, De- may enter, transit through, or anchor troit, MI. within the regulated area without the permission of the Coast Guard Patrol (a) Regulated Area. A regulated area Commander. is established to include all waters of (c) Enforcement Period: The third the Detroit River, Detroit, Michigan, week in October. The exact dates and bounded on the south by the Inter- times for this event will be determined national boundary, on the west by ° ′ ° ′ annually. 083 03 W, on the east by 083 02 W, and on the north by the U.S. shoreline [USCG–2008–0220, 73 FR 41264, July 18, 2008] (DATUM: NAD 83). This position is located on the Detroit River in front of § 100.918 Detroit APBA Gold Cup, De- troit, MI. Hart Plaza, Detroit, MI. (b) Special Local Regulations. The reg- (a) Regulated Area. A regulated area ulations of § 100.901 apply. No vessel is established to include all waters of may enter, transit through, or anchor the Detroit River, Belle Isle, Michigan, within the regulated area without the bound on the west by the Belle Isle permission of the Coast Guard Patrol ° ′ ″ ° ′ ″ Bridge (position 42 20 20 N, 083 00 00 W Commander. ° ′ ″ ° ′ ″ to 42 20 24 N, 083 59 45 W), and on the (c) Enforcement Period: The third or east by a north-south line drawn fourth week in June. The exact dates through Waterworks Intake Crib Light and times for this event will be deter- (Light List Number 8350; position mined annually. 42°21′06″ N, 082°58′00″ W) (NAD 83). (d) Vessel operators desiring to enter (b) Special Local Regulations. The reg- or operate within the regulated area ulations of § 100.901 apply. No vessel shall contact the Coast Guard Patrol may enter, transit through, or anchor Commander to obtain permission to do within the regulated area without the permission of the Coast Guard Patrol so. Vessel operators given permission Commander. to enter or operate in the regulated (c) Enforcement Period. The first or area must comply with all directions second week in July. The exact dates given to them by the Coast Guard Pa- and times for this event will be deter- trol Commander. mined annually. [USCG–2008–0220, 73 FR 41264, July 18, 2008] [USCG–2008–0220, 73 FR 41264, July 18, 2008, as amended by USCG–2011–0614, 76 FR 39292, § 100.1101 Southern California annual July 6, 2011] marine events for the San Diego Captain of the Port Zone. § 100.919 International Bay City River (a) General. Special local regulations Roar, Bay City, MI. are established for the events listed in (a) Regulated Area. A regulated area Table 1 of this section. Notice of imple- is established to include all waters of mentation of these special local regula- the Saginaw River bounded on the tions will be made by publication in north by the Liberty Bridge, located at the FEDERAL REGISTER 30 days prior to 43°36.3′ N, 083°53.4′ W, and bounded on the event for those events without spe- the south by the Veterans Memorial cific dates. In all cases, further infor- Bridge, located at 43°35.8′ N, 083°53.6′ W. mation on exact dates, times, and (NAD 83). other details concerning the number (b) Special Local Regulations. The reg- and type of participants and an exact ulations of § 100.901 apply. No vessel geographical description of the areas may enter, transit through, or anchor are published by the Eleventh Coast within the regulated area without the Guard District in the Local Notice to permission of the Coast Guard Patrol Mariners at least 20 days prior to each Commander. event. Note: Sponsors of events listed in (c) Enforcement Period: The third or Table 1 of this section must submit an fourth week in June. The exact dates application each year as required by 33

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CFR Part 100 to the cognizant Coast all applicable effective dates and times Guard Sector Commander no less than shall come to an immediate stop. 60 days before the start of the proposed (3) The Patrol Commander event. Sponsors are informed that (PATCOM) is empowered to forbid and ample lead time is required to inform control the movement of all vessels in all Federal, state, local agencies, and/ the regulated area. The Patrol Com- or other interested parties and to pro- mander shall be designated by the cog- vide the sponsor the best support to en- nizant Coast Guard Sector Commander; sure the safety of life and property. will be a U.S. Coast Guard commis- (b) Special local regulations. All per- sioned officer, warrant officer, or petty sons and vessels not registered with officer to act as the Sector Com- the sponsor as participants or as offi- mander’s official representative. As the cial patrol vessels are considered spec- Sector Commander’s representative, tators. The ‘‘official patrol’’ consists of the PATCOM may terminate the event any Coast Guard or other vessels as- any time it is deemed necessary for the signed or approved by the cognizant Coast Guard Sector Commander to pa- protection of life and property. trol each event. PATCOM may be reached on VHF–FM (1) No spectator shall anchor, block, Channel 13 (156.65 MHz) or 16 (156.8 loiter, nor impede the through transit MHz) when required, by the call sign of participants or official patrol vessels ‘‘PATCOM’’. in the regulated areas during all appli- (4) The Patrol Commander may, upon cable effective dates and times unless request, allow the transit of vessels cleared to do so by or through an offi- through regulated areas when it is safe cial patrol vessel. to do so. (2) When hailed and/or signaled by an (5) The Coast Guard may be assisted official patrol vessel, any spectator lo- by other Federal, state, or local agen- cated within a regulated area during cies.

TABLE 1 TO § 100.1101 [All coordinates referenced use datum NAD 83]

1. San Diego Fall Classic

Sponsor ...... San Diego Rowing Club. Event Description ...... Competitive rowing race. Date ...... Sunday in November Location ...... Mission Bay, CA. Regulated Area ...... The waters of Mission Bay to include South Pacific Passage, Fiesta Bay, and the waters around Vacation Isle.

2. California Half Ironman Triathlon

Sponsor ...... North America Sport, Inc. Event Description ...... Swimming Portion of Triathlon Race. Date ...... Saturday in late March or early April. Location ...... Oceanside, CA. Regulated Area ...... The waters of Oceanside Harbor, CA, including the entrance channel.

3. San Diego Crew Classic

Sponsor ...... San Diego Crew Classic. Event Description ...... Competitive rowing race. Date ...... First Saturday and Sunday in April. Location ...... The Mission Bay Park area of San Diego, CA. Regulated Area ...... Mission Bay, the portion known as Fiesta Bay.

4. Dutch Shoe Regatta

Sponsor ...... San Diego Yacht Club. Event Description ...... Sailboat Race. Date ...... Friday in late July. Location ...... San Diego, CA.

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TABLE 1 TO § 100.1101—Continued [All coordinates referenced use datum NAD 83]

Regulated Area ...... The waters of San Diego Bay, CA, from Shelter Island to Glorietta Bay.

5. San Diego Parade of Lights

Sponsor ...... Greater Shelter Island Association. Event Description ...... Boat Parade. Date ...... December. Location ...... San Diego Harbor. Regulated Area ...... The northern portion of the San Diego Main Ship Channel from Sea- port Village to the Shelter Island Basin.

6. Mission Bay Parade of Lights

Sponsor ...... Mission Bay Yacht Club. Event Description ...... Boat Parade. Date ...... December. Location ...... San Diego, CA. Regulated Area ...... Mission Bay, the Main Entrance Channel, Sail Bay, and Fiesta Bay.

[USCG–2009–0558, 76 FR 53331, Aug. 26, 2011]

§ 100.1102 Annual marine events on all Federal, state, local agencies, and/ the Colorado River, between Davis or other interested parties and to pro- Dam (Bullhead City, Arizona) and vide the sponsor the best support to en- Headgate Dam (Parker, Arizona) sure the safety of life and property. A within the San Diego Captain of the Coast Guard-National Park Service Port Zone. agreement exists for both the Glen (a) General. Special local regulations Canyon and Lake Mead National Rec- are established for the events listed in reational Areas; applicants shall con- Table 1 of this section. Notice of imple- tact the cognizant authority for ap- mentation of these special local regula- proval of events in these areas. tions will be made by publication in (b) Special local regulations. All per- the FEDERAL REGISTER 30 days prior to sons and vessels not registered with the event for those events without spe- the sponsor as participants or as offi- cific dates or by Notice to Mariners 20 cial patrol vessels are considered spec- Days prior to the event for those tators. The ‘‘official patrol’’ consists of events listing a period for which a firm any Coast Guard, other Federal, state date is identifiable. In all cases, fur- or local law enforcement, and any pub- ther information on exact dates, times, lic or sponsor-provided vessels assigned and other details concerning the num- or approved by the cognizant Coast ber and type of participants and an Guard Sector Commander to patrol exact geographical description of the each event. areas are published by the Eleventh (1) No spectator shall anchor, block, Coast Guard District in the Local No- loiter, nor impede the through transit tice to Mariners at least 20 days prior of participants or official patrol vessels to each event. To be placed on the in the regulated areas during all appli- mailing list for Local Notice to Mari- cable effective dates and times unless ners contact: Commander (dpw), Elev- cleared to do so by or through an offi- enth Coast Guard District, Coast Guard cial patrol vessel. Island, Building 50–2, Alameda, CA (2) When hailed and/or signaled by an 94501–5100. Note: Sponsors of events list- official patrol vessel, any spectator lo- ed in Table 1 of this section must sub- cated within a regulated area during mit an application each year as re- all applicable effective dates and times quired by 33 CFR part 100, subpart A, to shall come to an immediate stop. the cognizant Coast Guard Sector Com- (3) The Patrol Commander mander. Sponsors are informed that (PATCOM) is empowered to forbid and ample lead time is required to inform control the movement of all vessels in

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the regulated area. The Patrol Com- PATCOM may be reached on VHF–FM mander shall be designated by the cog- Channel 13 (156.65MHz) or 16 (156.8MHz) nizant Coast Guard Sector Commander; when required, by the call sign will be a U.S. Coast Guard commis- ‘‘PATCOM’’. sioned officer, warrant officer, or petty (4) The Patrol Commander may, upon officer to act as the Sector Com- request, allow the transit of vessels mander’s official representative. As the through regulated areas when it is safe Sector Commander’s representative, to do so. the PATCOM may terminate the event (5) The Coast Guard may be assisted any time it is deemed necessary for the by other Federal, state, or local agen- protection of life and property. cies.

TABLE 1 TO § 100.1102 [All coordinates referenced use datum NAD 83]

1. Lake Havasu Winter Heat Water-Ski Race

Sponsor ...... National Water-ski Racing Association. Event Description ...... Water-ski races. Date ...... Saturday and Sunday in February. Location ...... Lake Havasu, AZ. Regulated Area ...... That portion of the lower Colorado River on the Arizona side between Thomp- son Bay and Copper Canyon.

2. Havasu Landing Regatta

Sponsor ...... Southern Outboard Association. Event Description ...... Boat Races on closed course. Date ...... Saturday and Sunday in February. Location ...... Havasu Lake, CA. Regulated Area ...... That portion of the lower Colorado River on the California side at Havasu Land- ing Resort and Casino.

3. Parker International Water-ski Race

Sponsor ...... International Water-ski Race Association. Event Description ...... Water-ski Show. Date ...... Second Saturday and Sunday in March. Location ...... Parker, AZ. Regulated Area ...... The entire water area of the Colorado River beginning at Bluewater Marina in Parker, AZ, and extending approximately 10 miles to La Paz County Park.

4. Desert Storm

Sponsor ...... Lake Racer LLC. Event Description ...... Boat Poker Run and Exhibition Runs. Date ...... April weekend (3 day event). Location ...... Lake Havasu, AZ. Regulated Area ...... The waters of the lower Colorado River encompassed by the following boundaries: Boundary one from 34°27′44″ N, 114°20′53″ W to 34°27′51″ N, 114°20′43″ W. Boundary two from 34°26′50″ N, 114°20′41″ W to 34°27′14″ N, 114°20′55″ W. Boundary three from 34°26′10″ N, 114°18′40″ W to 34°25′50″ N, 114°18′52″ W.

5. Lake Havasu Grand Prix

Sponsor ...... POPRA. Event Description ...... Boat Races on closed course. Date ...... April weekend (2 day event). Location ...... Lake Havasu, AZ. Regulated Area ...... The waters of the lower Colorado River encompassed by the following boundaries: Boundary one from 34°27′44″ N, 114°20′53″ W to 34°27′51″ N, 114°20′43″ W. Boundary two from 34°26′50″ N, 114°20′41″ W to 34°27′14″ N, 114°20′55″ W. Boundary three from 34°26′10″ N, 114°18′40″ W to 34°25′50″ N, 114°18′52″ W.

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TABLE 1 TO § 100.1102—Continued [All coordinates referenced use datum NAD 83]

6. Bluewater Resort and Casino Spring Classic

Sponsor ...... Southern California Speedboat Club. Event Description ...... Professional High-speed powerboat race, closed course. Date ...... Saturday and Sunday in April. Location ...... Parker, AZ. Regulated Area ...... The Lake Moovalya area of the Colorado River in Parker, AZ.

7. IJSBA World Finals

Sponsor ...... International Jet Sports Boating Association. Event Description ...... Personal Watercraft Race. Date ...... Second Saturday through third Sunday of October (10 Days). Location ...... Lake Havasu City, AZ. Regulated Area ...... The navigable waters of Lake Havasu, AZ in the area known as Crazy Horse Campgrounds.

8. Parker Enduro

Sponsor ...... Parker Area Chamber of Commerce. Event Description ...... Hydroplane, flatbottom, tunnel, and v-bottom powerboat race. Date ...... Late October. Location ...... Parker, AZ. Regulated Area ...... Between river miles 179 and 185 (between the Roadrunner Resort and Headgate Dam).

9. Bluewater Resort and Casino Thanksgiving Regatta

Sponsor ...... Southern California Speedboat Club. Event Description ...... Boat Races. Date ...... Thursday, Friday, Saturday, and Sunday during Thanksgiving week. Location ...... Parker, AZ. Regulated Area ...... That portion of Lake Moovalya, Parker, AZ between the northern and southern boundaries of La Paz County Park.

10. Lake Havasu City Boat Parade of Lights

Sponsor ...... London Bridge Yacht Club. Event Description ...... Boat parade during which vessels pass by a pre-designated vessel and then transit through the London Bridge Channel. Date ...... First Saturday and Sunday in December. Location ...... Lake Havasu, AZ. Regulated Area ...... The limits of this temporary safety zone consists of the navigable waters of North Lake Havasu, London Bridge Channel and Thompson Bay.

[USCG–2009–0558, 76 FR 53332, Aug. 26, 2011]

§ 100.1103 Northern California and date is identifiable. In all cases, fur- Lake Tahoe area annual marine ther information on exact dates, times, events. and other details concerning the num- (a) General. Special local regulations ber and type of participants and an are established for the events listed in exact geographical description of the Table 1 of this section. Notice of imple- areas are published by the Eleventh mentation of these special local regula- Coast Guard District in the Local No- tions will be made by publication in tice to Mariners at least 20 days prior the FEDERAL REGISTER 30 days prior to to each event. To be placed on the the event for those events without spe- mailing list for Local Notice to Mari- cific dates or by Notice to Mariners 20 ners contact: Commander (dpw), Elev- Days prior to the event for those enth Coast Guard District, Coast Guard events listing a period for which a firm Island, Building 50–2, Alameda, CA

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94501–5100. Note: Sponsors of events list- cated within a regulated area during ed in Table 1 of this section must sub- all applicable effective dates and times mit an application each year as re- shall come to an immediate stop. quired by 33 CFR part 100, subpart A, to (3) The Patrol Commander the cognizant Coast Guard Sector Com- (PATCOM) is empowered to forbid and mander. Sponsors are informed that control the movement of all vessels in ample lead time is required to inform the regulated area. The Patrol Com- all Federal, state, local agencies, and/ mander shall be designated by the cog- or other interested parties and to pro- nizant Coast Guard Sector Commander; vide the sponsor the best support to en- will be a U.S. Coast Guard commis- sure the safety of life and property. (b) Special local regulations. All per- sioned officer, warrant officer, or petty sons and vessels not registered with officer to act as the Sector Com- the sponsor as participants or as offi- mander’s official representative; and cial patrol vessels are considered spec- will be located aboard the lead official tators. The ‘‘official patrol’’ consists of patrol vessel. As the Sector Com- any Coast Guard; other Federal, state, mander’s representative, the PATCOM or local law enforcement; and any pub- may terminate the event any time it is lic or sponsor-provided vessels assigned deemed necessary for the protection of or approved by the cognizant Coast life and property. PATCOM may be Guard Sector Commander to patrol reached on VHF–FM Channel 13 each event. (156.65MHz) or 16 (156.8MHz) when re- (1) No spectator shall anchor, block, quired, by the call sign ‘‘PATCOM’’. loiter, nor impede the through transit (4) The Patrol Commander may, upon of participants or official patrol vessels request, allow the transit of commer- in the regulated areas during all appli- cial vessels through regulated areas cable effective dates and times unless when it is safe to do so. cleared to do so by or through an offi- (5) The Coast Guard may be assisted cial patrol vessel. (2) When hailed and/or signaled by an by other Federal, state, or local agen- official patrol vessel, any spectator lo- cies.

TABLE 1 TO § 100.1103 [All coordinates referenced use datum NAD 83]

1. Redwood Heron Sprints Regatta

Sponsor ...... Humboldt State University Athletic Department. Event Description ...... Sport rowing shells. Date ...... Third Sunday in April. Location ...... Eureka Inner Reach Channel. Regulated Area ...... The navigable waters within an area bounded by a line starting 40°48′16″ N, 124°10′28″ W; thence to 40°48′21″ N, 124°10′28″ W; thence to 40°48′35″ N, 124°09′17″ W; thence to 40°48′30″ N, 124°09′17″ W; thence returning to the point of origin.

2. Stockton Asparagus Festival

Sponsor ...... City of Stockton. Event Description ...... Pier side Event. Date ...... Last Friday, Saturday and Sunday in April. Location ...... McLeod Lake, Stockton, CA. Regulated Area ...... Starting at the Port of Stockton and extending east to McLeod Lake; beginning at latitude 37°57′06″ N and longitude 121°19′35″ W; then northerly to latitude 37°57′10″ N and longitude 121°19′36″ W; then north-northeasterly to latitude 37°57′24″ N and longitude 121°17′35″ W; then south-southwesterly to latitude 37°57′15″ N and longitude 121°17′41″ W; then south-southeasterly to latitude 37°57′14″ N and longitude 121°17′31″ W; and then back to the beginning point.

3. Blessing of the Fleet

Sponsor ...... Corinthian Yacht Club.

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TABLE 1 TO § 100.1103—Continued [All coordinates referenced use datum NAD 83]

Event Description ...... Boat parade during which vessels pass by a pre-designated platform or vessel. Date ...... Last Sunday in April. Location ...... San Francisco Waterfront to South Tower of Golden Gate Bridge. Regulated Area ...... The area between a line drawn from Bluff Point on the southeastern side of Tiburon Peninsula to Point Campbell on the northern edge of Angel Island, and a line drawn from Peninsula Point to the southern edge of Tiburon Penin- sula to Point Stuart on the western edge of Angel Island.

4. Opening Day on San Francisco Bay

Sponsor ...... Pacific Inter-Club Yacht Association and Corinthian Yacht Club. Event Description ...... Boat parade during which vessels pass by a pre-designated platform or vessel. Date ...... Last Sunday in April. Location ...... San Francisco, CA waterfront: Crissy Field to Pier 39. Regulated Area ...... The area defined by a line drawn from Fort Point; thence easterly approximately 5,000 yards; thence easterly to the Blossom Rock Bell Buoy; thence westerly to the Northeast corner of Pier 39; thence returning along the shoreline to the point of origin. Special Requirements: All vessels entering the regulated area shall follow the parade route established by the sponsor and be capable of maintaining an approximate speed of 6 knots. Commercial Vessel Traffic Allowances: The parade will be interrupted, as necessary, to permit the passage of commercial vessel traffic. Commercial traffic must cross the parade route at a no-wake speed and perpendicular to the parade route.

5. Kinetic Sculpture Race

Sponsor ...... Kinetic Sculpture Race Inc. Event Description ...... Human Powered Craft Race. Date ...... Saturday and Sunday of Memorial Day Weekend. Location ...... Eureka Inner Reach Channel. Regulated Area ...... The navigable waters within an area bounded by a line starting 40°48′16″ N, 124°10′28″ W; thence to 40°48′21″ N, 124°10′28″ W; thence to 40°48′35″ N, 124°09′17″ W; thence to 40°48′30″ N, 124°09′17″ W; thence returning to the point of origin.

6. Sacramento Bridge-to-Bridge Water Festival

Sponsor ...... Sacramento Visitors Bureau. Event Description ...... Professional high-speed powerboat races. Date ...... Second to last Friday, Saturday and Sunday in July. Location ...... Sacramento, CA. Regulated Area ...... The navigable waters within an area bounded by a line starting 38°35′49″ N, 121°30′30″ W; thence to 38°35′49″ N, 121°30′23″ W thence to 38°40′00″ N, 121°30′59″ W thence to 38°33′46″ N, 121°31′11″ W thence returning to the point of origin.

7. Humboldt Bay Paddle Fest

Sponsor ...... Humboldt State University Alumni Association. Event Description ...... Paddle boat race. Date ...... Last weekend in September or first weekend in October. Location ...... Eureka Inner Reach Channel. Regulated Area ...... The navigable waters within an area bounded by a line starting 40°48′16″ N, 124°10′28″ W; thence to 40°48′21″ N, 124°10′28″ W; thence to 40°48′35″ N, 124°09′17″ W; thence to 40°48′30″ N, 124°09′17″ W; thence returning to the point of origin.

8. Delta Thunder Powerboat Race

Sponsor ...... Pacific Offshore Power Racing Association. Event Description ...... Professional high-speed powerboat race. Date ...... Second Saturday, Sunday in September.

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TABLE 1 TO § 100.1103—Continued [All coordinates referenced use datum NAD 83]

Location ...... Off Pittsburgh, CA in the waters around Winter Island and Brown Island. Regulated Area ...... The water area of Suisun Bay commencing at Simmons Point on Chipps Island; thence southwesterly to Stake Point on the southern shore of Suisun Bay; thence easterly following the southern shoreline of Suisun Bay and New York Slough to New York Slough Buoy 13; thence north-northwesterly to the North- western corner of Fraser Shoal; thence northwesterly to the western tip of Chain Island; thence west-northwesterly to the northeast tip of Van Sickle Is- land; thence following the shoreline of Van Sickle Island and Chipps Island and returning to the point of origin.

9. Pittsburg Seafood Festival Air Show

Sponsor ...... City of Pittsburg, CA. Event Description ...... Pittsburg Seafood Festival Air Show. Date ...... Second Saturday, Sunday in September. Location ...... Off Pittsburgh, CA in the waters around Winter Island and Brown Island. Regulated Area ...... The water area of Suisun Bay commencing at Simmons Point on Chipps Island; thence southwesterly to Stake Point on the southern shore of Suisun Bay; thence easterly following the southern shoreline of Suisun Bay and New York Slough to New York Slough Buoy 13; thence north-northwesterly to the North- western corner of Fraser Shoal; thence northwesterly to the western tip of Chain Island; thence west-northwesterly to the northeast tip of Van Sickle Is- land; thence following the shoreline of Van Sickle Island and Chipps Island and returning to the point of origin.

[USCG–2009–0558, 76 FR 53334, Aug. 26, 2011]

§ 100.1104 Southern California annual part 100, subpart A, to the cognizant marine events for the Los Angeles Coast Guard Sector Commander. Spon- Long Beach Captain of the Port sors are informed that ample lead time Zone. is required to inform all Federal, state, (a) General. Special local regulations local agencies, and/or other interested are established for the events listed in parties and to provide the sponsor the Table 1 of this section. Notice of imple- best support to ensure the safety of life mentation of these special local regula- and property. (b) Special local regulations. All per- tions will be made by publication in sons and vessels not registered with the FEDERAL REGISTER 30 days prior to the sponsor as participants or as offi- the event for those events without special patrol vessels are considered spec- cific dates or by Notice to Mariners 20 tators. The ‘‘official patrol’’ consists of days prior to the event for those events any Coast Guard; other Federal, state, listing a period for which a firm date is or local law enforcement; and any pub- identifiable. In all cases, further infor- lic or sponsor-provided vessels assigned mation on exact dates, times, and or approved by the cognizant Coast other details concerning the number Guard Sector Commander to patrol and type of participants and an exact each event. geographical description of the areas (1) No spectator shall anchor, block, are published by the Eleventh Coast loiter, nor impede the through transit Guard District in the Local Notice to of participants or official patrol vessels Mariners at least 20 days prior to each in the regulated areas during all appli- event. To be placed on the mailing list cable effective dates and times unless for Local Notice to Mariners contact: cleared to do so by or through an offi- Commander (dpw), Eleventh Coast cial patrol vessel. Guard District, Coast Guard Island, (2) When hailed and/or signaled by an Building 50–2, Alameda, CA 94501–5100. official patrol vessel, any spectator lo- Note: Sponsors of events listed in Table cated within a regulated area during 1 of this section must submit an appli- all applicable effective dates and times cation each year as required by 33 CFR shall come to an immediate stop.

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(3) The Patrol Commander may terminate the event any time it is (PATCOM) is empowered to forbid and deemed necessary for the protection of control the movement of all vessels in life and property. PATCOM may be the regulated area. The Patrol Com- reached on VHF–FM Channel 13 mander shall be designated by the cog- (156.65MHz) or 16 (156.8MHz) when re- nizant Coast Guard Sector Commander; quired, by the call sign ‘‘PATCOM.’’ will be a U.S. Coast Guard commis- (4) The Patrol Commander may, upon sioned officer, warrant officer, or petty request, allow the transit of commer- officer to act as the Sector Com- cial vessels through regulated areas mander’s official representative; and when it is safe to do so. will be located aboard the lead official (5) The Coast Guard may be assisted patrol vessel. As the Sector Com- by other Federal, state, or local agen- mander’s representative, the PATCOM cies.

TABLE 1 TO § 100.1104 [All coordinates referenced use datum NAD 83]

1. Newport to Ensenada Yacht Race

Sponsor ...... Newport Ocean Sailing Association. Event Description ...... Sailing vessel race; open ocean. Date ...... Fourth Friday in April. Location ...... Newport Beach, CA. Regulated Area ...... Starting area only. All waters of the Pacific Ocean near Newport Beach, CA bounded by a line starting 33°35′18″ N, 117°53′18″ W thence to 33°34′54″ N, 117°53′18″ W thence to 33°34′54″ N, 117°54′30″ W thence to 33°35′18″ N, 117°54′30″ W thence returning to the point of origin.

[USCG–2009–0558, 76 FR 53336, Aug. 26, 2011]

§ 100.1105 San Francisco Bay Navy Francisco Bay bounded by a line con- Fleetweek Parade of Ships and Blue necting the following points: Angels Demonstration. 37°48′40″ N 122°28′38″ W (a) Effective Periods. This section is 37°49′10″ N 122°28′41″ W effective during the U.S. Navy/City of 37°49′31″ N 122°25′18″ W San Francisco Fleetweek Parade of 37°49′06″ N 122°24′08″ W Navy Ships and Navy Blue Angels and 37°47′53″ N 122°22′42″ W other airshow activities held annually 37°46′00″ N 122°22′00″ W ° ′ ″ ° ′ ″ in early October, from Thursday 37 46 00 N 122 23 07 W through Saturday (with a possible Sun- and thence along the shore to the point of day Blue Angels Flight Demonstration beginning. if weather prevents a Saturday per- (2) Regulated Area ‘‘Bravo’’ for U.S. formance). Annual notice of the spe- Navy Blue Angels Activities. The waters cific effective dates and times of these of San Francisco Bay bounded by a line regulations will be published by the connecting the following points: Coast Guard in the Local Notice to 37°48′27.5″ N 122°24′04″ W Mariners and in the FEDERAL REG- 37°49′31″ N 122°24′18″ W ISTER. To be placed on the Local Notice 37°49′00″ N 122°27′52″ W to Mariners mailing list contact: Com- 37°48′19″ N 122°27′40″ W mander (oan), Eleventh Coast Guard District, 400 Oceangate Boulevard, and thence along the pierheads and bulwarks Long Beach, CA 90822–5399. to the point of beginning. (b) Regulated Areas: The following Datum: NAD 83 areas are designated ‘‘regulated areas’’ (c) Regulations: All persons and/or during the Navy Parade of Ships and vessels not authorized as participants Blue Angels’ Flight activities. or official patrol vessels are considered (1) Regulated Area ‘‘Alpha’’ for Navy spectators. The ‘‘official patrol’’ con- Parade of Ships. The waters of San sists of any Coast Guard, public, state

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or local law enforcement vessels as- Bailey Peninsula and along the shore- signed and/or approved by Commander, line of Mercer Island. Coast Guard Sector San Francisco to (c) The area described in paragraph patrol the Fleetweek event. (b) of this section has been divided into (1) Except for persons or vessels au- two zones. The zones are separated by a thorized by the Coast Guard Patrol line perpendicular from the I–90 Bridge Commander, in regulated area ‘‘Alpha’’ to the northwest corner of the East log no person or vessel may enter or re- boom and a line extending from the main within 500 yards ahead of the lead southeast corner of the East log boom Navy parade vessel, within 200 yards to the southeast corner of the hydro- astern of the last parade vessel, and plane race course and then to the within 200 yards on either side of all northerly tip of Ohlers Island in An- parade vessels. No person or vessel drews Bay. The western zone is des- shall anchor, block, loiter in, or im- ignated Zone I, the eastern zone, Zone pede the through transit of ship parade II. (Refer to NOAA Chart 18447). participants or official patrol vessels in (d) The Coast Guard will maintain a regulated area ‘‘Alpha.’’ patrol consisting of Coast Guard ves- (2) Except for persons or vessels au- sels, assisted by Auxiliary Coast Guard thorized by the Coast Guard Patrol vessels, in Zone II. The Coast Guard pa- Commander, no person or vessel may trol of this area is under the direction enter or remain within regulated area of the Coast Guard Patrol Commander ‘‘Bravo.’’ (the ‘‘Patrol Commander’’). The Patrol Commander is empowered to control (3) When hailed and/or signaled by an the movement of vessels on the race- official patrol vessel, a person or vessel course and in the adjoining waters dur- shall come to an immediate stop. Per- ing the periods this regulation is in ef- sons or vessels shall comply with all di- fect. The Patrol Commander may be rections given. assisted by other federal, state and (4) The Patrol Commander shall be local law enforcement agencies. designated by the Commander, Coast (e) Only authorized vessels may be al- Guard Sector San Francisco, Cali- lowed to enter Zone I during the hours fornia. The Coast Guard Patrol Com- this regulation is in effect. Vessels in mander is empowered to forbid and the vicinity of Zone I shall maneuver control the movement of all vessels in and anchor as directed by Coast Guard the regulated areas. Officers or Petty Officers. [CGD11–89–15, 54 FR 39998, Sept. 29, 1989, as (f) During the times in which the reg- amended by CGD11–91–11, 56 FR 51332, Oct. 11, ulation is in effect, swimming, wading, 1991; CGD11–93–009, 58 FR 51242, Oct. 1, 1993; or otherwise entering the water in USCG–2006–25556, 72 FR 36327, July 2, 2007] Zone I by any person is prohibited while hydroplane boats are on the race- § 100.1301 Seattle seafair unlimited hy- course. At other times in Zone I, any droplane race. person entering the water from the (a) This section is in effect annually shoreline shall remain west of the during the last week in July and the swim line, denoted by buoys, and any first two weeks of August from 8 a.m. person entering the water from the log until 8 p.m. Pacific Daylight Time, as boom shall remain within ten (10) feet published in the Local Notice of Mari- of the log boom. ners. The event will be one week or less (g) During the times in which the in duration. The specific dates during regulation is in effect, any person this time frame will be published in the swimming or otherwise entering the Local Notice to Mariners. water in Zone II shall remain within (b) The area where the Coast Guard ten (10) feet of a vessel. will restrict general navigation by this (h) During the times this regulation regulation during the hours it is in ef- is in effect, rafting to a log boom will fect is: The waters of Lake Washington be limited to groups of three vessels. bounded by the Interstate 90 (Mercer (i) During the times this regulation Island /Lacey V. Murrow) Bridge, the is in effect, up to six (6) vessels may western shore of Lake Washington, and raft together in Zone II if none of the the east/west line drawn tangent to vessels are secured to a log boom.

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(j) During the times this regulation open to allow commercial traffic is in effect, only vessels authorized by through during the event. The course the Patrol Commander, other law en- then continues from the west Pier of forcement agencies or event sponsors the center span and to the first pier shall be permitted to tow other west on the south side of the piers and watercraft or inflatable devices. continues north and ends at River (k) Vessels proceeding in either Zone Place dock. I or Zone II during the hours this regu- (c) Enforcement period. The event is a lation is in effect shall do so only at two-day event which will be enforced speeds which will create minimum from 8 a.m. (PDT) to 5 p.m. (PDT) on wake, seven (07) miles per hour or less. the second Saturday and Sunday of This maximum speed may be reduced June each year. In 2006, this section at the discretion of the Patrol Com- will be enforced from 8 a.m. until 5 mander. p.m. on Saturday, June 10, and Sunday, (l) Upon completion of the daily rac- June 11. ing activities, all vessels leaving either (d) Special local regulation. (1) Non- Zone I or Zone II shall proceed at participant vessels are prohibited from speeds of seven (07) miles per hour or entering the race area unless author- less. The maximum speed may be re- ized by the Coast Guard Patrol Com- duced at the discretion of the Patrol mander. Commander. (2) All persons or vessels not reg- (m) A succession of sharp, short sig- istered with the sponsor as partici- nals by whistle or horn from vessels pa- pants or not part of the regatta patrol trolling the areas under the direction are considered spectators. Spectator of the Patrol Commander shall serve as vessels must be moored to a waterfront signal to stop. Vessels signaled shall facility in a way that will not interfere stop and shall comply with the orders with the progress of the event or have of the patrol vessel; failure to do so permission to enter the area from the may result in expulsion from the area, event sponsor or Coast Guard patrol citation for failure to comply, or both. commander. Spectators must proceed The Coast Guard may be assisted by at a safe speed as not to cause a wake. other federal, state and local law en- This requirement will be strictly enforcement agencies, as well as official forced to preserve the safety of both Seafair event craft. life and property. (3) A succession of sharp, short sig- [CGD13–01–004, 66 FR 34822, July 2, 2001] nals by whistle or horn from vessels pa- § 100.1302 Special Local Regulation, trolling the area under the direction of Annual Dragon Boat Races, Port- the Patrol Commander shall serve as a land, Oregon. signal to stop. Vessels signaled shall (a) Regulated area. All waters of the stop and shall comply with the orders Willamette River shore to shore, bor- of the patrol vessel. Failure to do so dered on the north by the Hawthorne may result in expulsion from the area, Bridge, and on the south by the citation for failure to comply, or both. Marquam Bridge. (4) The Coast Guard Patrol Com- (b) Definition. For purposes of this mander may be assisted by other Fed- section, race area means an area 536- eral, State and local law enforcement meters-long by 80-feet-wide designated agencies in enforcing this regulation. by buoys and floatation line markers [CGD13–06–007, 71 FR 42274, July 26, 2006] within the regulated area described in paragraph (a) of this section. The § 100.1303 Annual Kennewick, Wash- buoys have 4-foot poles attached to ington, Columbia Unlimited Hydro- them. Two of the buoys are red, one is plane Races. white, and the other is yellow. The (a) This regulation is effective each course runs from the north side of the year on the last Tuesday through Sun- Hawthorne bridge south along the east day in July from 8:30 a.m. local time bank to the east most pier of the Mark- until the last race is completed each ham bridge and from the south side of day at approximately 7:30 p.m. local the Markham bridge to the east pier of time, unless sooner terminated by the the center span. The center span is left Patrol Commander.

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(b) The Coast Guard will restrict gen- the University Bridge, through the eral navigation and anchorage by this Portage Cut (Montlake Cut) into and regulation during the hours it is in ef- including Union Bay, with the south- fect on all waters of the Columbia eastern limit being an imaginary line River bounded by two lines drawn from from Webster Point to the eastern cor- shore to shore; the first line running ner of Foster Island. between position latitude 46°14′07″ N, (b) Effective period. This regulation longitude 119°10′42″ W and position lati- will be in effect from 8:00 a.m. to 3:00 tude 46°13′42″ N, longitude 119°10′51″ W; p.m. on the first Saturday of May each and the second line running between year unless otherwise specified in the position latitude 46°13′35″ N, longitude Thirteenth District Local Notice to 119°07′34″ W and position latitude Mariners. 46°13′10″ N, longitude 119°07′47″ W. (c) Special Local regulations. (1) The [Datum: NAD 83] regulated area shall be closed for the (c) When deemed appropriate, the duration of the event to all vessel traf- Coast Guard may establish a patrol fic not participating in the event and consisting of active and auxiliary authorized by the event sponsor or Coast Guard personnel and vessels in Coast Guard Patrol Commander. the area described in paragraph (b) of (2) All persons or vessels not reg- this section. The patrol shall be under istered with the sponsor as partici- the direction of a Coast Guard officer pants or not part of the regatta patrol or petty officer designated as Coast are considered spectators. Spectator Guard Patrol Commander. The Patrol vessels must be at anchor within a des- Commander is empowered to forbid and ignated spectator area or moored to a control the movement of vessels in the waterfront facility in a way that will area described in paragraph (b) of this not interfere with the progress of the section. event. The following are established as (d) The Patrol Commander may au- spectator areas: thorize vessels to be underway in the (i) Northwest of the University area described in paragraph (b) of this Bridge. section during the hours this regula- (ii) North of the log boom which will tions is in effect. All vessels permitted be placed in Union Bay. to be underway in the controlled area (iii) East of Webster Point so as not (other than racing or official vessels) to interfere with the participating ves- shall do so only at speeds which will sels departing Union Bay. create minimum wake consistent with (3) No spectators shall anchor, block, maintaining steerageway, and not to loiter in, or impede the through transit exceed seven (7) miles per hour. This of participants or official patrol vessels speed limit may be adjusted at the dis- in the regulated area during the effec- cretion of the Patrol Commander to en- tive dates and times unless cleared for hance the level of safety. such entry by the Patrol Commander. (e) A succession of sharp, short signals by whistle, siren, or horn from (4) Due to the large number of craft vessels patrolling the area under the confined within this small body of direction of the U.S. Coast Guard Pa- water, all vessels, both spectator and trol Commander shall serve as a signal participants, will maintain a ‘‘NO to stop. Vessels signalled shall stop and WAKE’’ speed. This requirement will shall comply with the orders of the pa- be strictly enforced to preserve the trol vessel personnel; failure to do so safety of both life and property. may result in expulsion from the area, (5) A succession of sharp, short sig- citation for failure to comply, or both. nals by whistle or horn from vessels patrolling the area under the direction of [CGD13 85–06, 50 FR 25071, June 17, 1985, as the Patrol Commander shall serve as a amended by CGD13–96–012, 61 FR 20133, May signal to stop. Vessels signaled shall 6, 1996] stop and shall comply with the orders § 100.1304 Annual Seattle Yacht Club’s of the patrol vessel. Failure to do so ‘‘Opening Day’’ Marine Parade. may result in expulsion from the area, citation for failure to comply, or both. (a) Regulated area. All of Portage Bay, with the northwestern limit being [CGD13–89–02, 54 FR 19167, May 4, 1989]

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§ 100.1305 Richland, Washington, west to 47°37′24.5″ N, 122°22′58.5″ W; thence to coast outboard championship hydro 47°36′08″ N, 122°20′53″ W; thence to races. 47°36′21″ N, 122°20′31″ W; thence return- (a) Regulated area. By this regulation, ing to the origin. This regulated area the Coast Guard will restrict general resembles a rectangle measuring ap- navigation and anchorage on the wa- proximately 3,900 yards along the ters of the Columbia River between shoreline between Pier 57 and Pier 89, River Mile 337 and River Mile 339. This and extending approximately 650 yards restricted area includes all waters be- into Elliott Bay. Temporary floating tween the above mile marks in Rich- markers will be placed by the race land, Washington, and is approxi- sponsors to delineate the regulated mately 2 miles long. area. [Datum: NAD 1983] (b) Special local regulations. (1) This (b) Special Local Regulations. (1) No event will take place from 6. a.m. p.d.t. person or vessel may enter or remain to approximately 5 p.m. p.d.t. on the in the regulated area except for par- third Friday, Saturday, and Sunday of ticipants in the event, supporting per- August, annually, in the described wa- sonnel, vessels registered with the ters of the Columbia River, Richland, event organizer, and personnel or ves- Washington. sels authorized by the Coast Guard Pa- (2) No person or vessel may enter or trol Commander. remain in the regulated area except for (2) When deemed appropriate, the participants in the event, supporting Coast Guard may establish a patrol personnel, vessels registered with the consisting of active and auxiliary event organizer, and personnel or ves- Coast Guard vessels and personnel in sels authorized by the Coast Guard Pa- the area described in paragraph (a) of trol Commander. this section. The patrol shall be under (3) Patrol of the described area will the direction of a Coast Guard officer be under the direction of a designated or petty officer designated by the Cap- Coast Guard Patrol Commander. The tain of the Port as the Coast Guard Pa- Patrol Commander is empowered to trol Commander. The Patrol Com- control the movement of vessels in the mander may forbid and control the regulated area and adjoining waters movement of vessels in the area de- during the hours these regulations are scribed in paragraph (a) of this section. in effect. (3) A succession of sharp, short blasts (4) A succession of sharp, short sig- from whistle or horn from vessels pa- nals by whistle, siren, or horn, from trolling the area under the direction of vessels patrolling the area under the the Patrol Commander shall serve as a direction of the Patrol Commander signal to stop. Vessels signaled shall shall serve as a signal to stop. Vessels stop and comply with the orders of the or persons signaled shall stop and shall patrol vessel. Failure to do so may re- comply with the orders of the patrol sult in expulsion from the area, cita- vessel. Failure to do so may result in tion for failure to comply, or both. expulsion from the area, citation for (c) Enforcement dates. This section is failure to comply, or both. enforced annually on the second or (c) Effective times and dates. This reg- third Saturday in May from 12 p.m. to ulation becomes effective each year on 4:30 p.m. The event will be one day only the third Friday of August, at 6 a.m. and the specific date will be published p.d.t. and terminates on the third Sun- each year in the FEDERAL REGISTER. In day of August, at 6 p.m. p.d.t. or upon 2005, this section will be enforced from completion of each event. 12 p.m. to 4:30 p.m. on Saturday May 14. [CGD13–90–08, 55 FR 32624, Aug. 10, 1990] [CGD13–95–003, 61 FR 16710, Apr. 17, 1996, as amended by CGD13–05–004, 70 FR 23938, May § 100.1306 National Maritime Week 6, 2005] Tugboat Races, Seattle, WA. (a) Regulated Area. A regulated area § 100.1307 Special Local Regulations, is established on that portion of Elliott Strait Thunder Performance, Port Bay along the Seattle waterfront in Angeles, WA. Puget Sound bounded by a line begin- (a) Regulated Areas. (1) The race area ning at: 47°37′36″ N, 122°22′42″ W; thence encompasses all waters located inside

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of a line connecting the following (d) Enforcement dates. This section is points located near Port Angeles, enforced annually on the first or sec- Washington: ond Friday, Saturday, and Sunday in Point 1: 48°07′24″ N, 123°25′32″ W; October from 9 a.m. until 5 p.m. The Point 2: 48°07′26″ N, 123°24′35″ W; event is a three day event and the spe- Point 3: 48°07′12″ N, 123°25′31″ W; cific dates will be published each year Point 4: 48°07′15″ N, 123°24′34″ W. in the FEDERAL REGISTER. In 2005, this [Datum: NAD 1983]. section will be enforced from 9 a.m. until 5 p.m. on Friday, September 30th, (2) The spectator area encompasses all to Sunday, October 2nd. waters located within a box bounded by the following points located near Port [CGD13–05–009, 70 FR 58056, Oct. 5, 2005] Angeles, Washington: ° ′ ″ ° ′ ″ § 100.1308 Special Local Regulation; Point 1: 48 07 32 N, 123 25 33 W; Hydroplane Races within the Cap- Point 2: 48°07′29″ N, 123°24′36″ W; tain of the Port Puget Sound Area Point 3: 48°07′24″ N, 123°25′32″ W; of Responsibility. ° ′ ″ ° ′ ″ Point 4: 48 07 26 N, 123 24 35 W. (a) Location. The following areas are [Datum: NAD 1983.] designated race areas for the purpose of (b) Definitions. For the purpose of this reoccurring hydroplane races: section the following definitions apply: (1) Dyes Inlet. West of Port Orchard, (1) Coast Guard Patrol Commander WA to include all waters north to land means a commissioned, warrant, or from a line connecting the following petty officer of the Coast Guard who points 47°37.36′ N, 122°42.29′ W and has been designated by Commander, 47°37.74′ N, 122°40.64′ W (NAD 1983). Coast Guard Group Port Angeles. The (2) Lake Washington. South of the Coast Guard Patrol Commander is em- Interstate 90 bridge and north of An- powered to control the movement of drew’s Bay to include all waters east of vessels in the regulated area. the shoreline within the following (2) Patrol Vessel means any Coast points: 47°34.15′ N, 122°16.40′ W; 47°34.31′ Guard vessel, Coast Guard Auxiliary N, 122°15.96′ W; 47°35.18′ N, 122°16.31′ W; vessel, or other federal, state or local 47°35.00′ N, 122°16.71′ W (NAD 1983). law enforcement vessel. (3) Lake Sammamish. South to land (c) Special Local Regulations. (1) Non- from a line connecting the following participant vessels are prohibited from points 47°33.810′ N, 122°04.810′ W and entering the race area unless author- 47°33.810′ N, 122° 03.674′ W (NAD 1983). ized by the Coast Guard Patrol Com- (b) Notice of enforcement or suspension mander. of enforcement. This special local regu- (2) Spectator craft may remain in the lation will be activated and thus sub- designated spectator area but must fol- ject to enforcement, under the follow the directions of the Coast Guard lowing conditions: the Coast Guard Patrol Commander. Spectator craft en- must receive and approve a marine tering, exiting or moving within the event permit for each hydroplane event spectator area must operate at speeds, in accordance with 33 CFR 100. The which will create a minimum wake, Captain of the Port will provide notice and not exceed seven knots. The max- of the enforcement of this special local imum speed may be reduced at the dis- regulation by all appropriate means to cretion of the Patrol Commander. ensure the widest dissemination among (3) A succession of sharp, short sig- the affected segments of the public, as nals by whistle or horn from a Patrol practicable; such means of notification Vessel will serve as a signal to stop. may include but are not limited to, Vessels signaled must stop and comply Broadcast Notice to Mariners or Local with the orders of the Patrol Vessel. Notice to Mariners. Failure to do so may result in expul- (c) Regulations. (1) When this special sion from the area, citation for failure local regulation is enforced, non-par- to comply, or both. ticipant vessels are prohibited from en- (4) The Coast Guard Patrol Com- tering the designated race areas unless mander may be assisted by other fed- authorized by the designated on-scene eral, state and local law enforcement Patrol Commander. Spectator craft agencies in enforcing this regulation. may remain in designated spectator

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areas but must follow the directions of points: 47°05.108′ N, 122°55.799′ W and the designated on-scene Patrol Com- 47°05.131′ N, 122°55.659′ W then south- mander. The event sponsor may also easterly until reaching the southern- function as the designated on-scene Pa- most entrance of the navigation chan- trol Commander. Spectator craft enter- nel at a line connecting the following ing, exiting or moving within the spec- points: 47°03.946′ N, 122°54.577′ W, tator area must operate at speeds 47°04.004′ N, 122°54.471′ W. which will create a minimum wake. (b) Regulations. In accordance with (2) Emergency signaling. A succession the general regulations in 33 CFR part of sharp, short signals by whistle or 100, the regulated area shall be closed horn from vessels patrolling the areas immediately prior to, during and im- under the discretion of the designated mediately after the event to all persons on-scene Patrol Commander shall serve and vessels not participating in the as a signal to stop. Vessels signaled event and authorized by the event shall stop and shall comply with the sponsor. orders of the patrol vessel. Failure to (c) Authorization. All persons or ves- do so may result in expulsion from the sels who desire to enter the designated area, citation for failure to comply, or race area created in this section while both. it is enforced must obtain permission from the on-scene patrol craft on VHF [USCG–2009–0996, 76 FR 17341, Mar. 29, 2011] Ch 13. § 100.1309 Special Local Regulation; (d) Notice of enforcement dates. This Olympia Harbor Days Tug Boat Special Local Regulation will only be Races, Budd Inlet, WA. enforced during times announced by the Captain of the Port. The Captain of (a) Regulated area. The following area the Port will provide notice of the en- is specified as a race area: All waters of forcement of this special local regula- Budd Inlet, WA the width of the navi- tion by Notice of Enforcement in the gation channel south of a line con- FEDERAL EGISTER necting the following points: 47°05.530′ R . Additional infor- N, 122°55.844′ W and 47°05.528′ N, mation may be available through 122°55.680′ W until reaching the north- Broadcast Notice to Mariners and ernmost end of the navigation channel Local Notice to Mariners. at a line connecting the following [USCG–2010–1024,76 FR 30827, May 27, 2011]

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PART 101—MARITIME SECURITY: (1) To implement portions of the GENERAL maritime security regime required by the Maritime Transportation Security Subpart A—General Act of 2002, as codified in 46 U.S.C. Chapter 701; Sec. (2) To align, where appropriate, the 101.100 Purpose. requirements of domestic maritime se- 101.105 Definitions. curity regulations with the inter- 101.110 Applicability. 101.115 Incorporation by reference. national maritime security standards 101.120 Alternatives. in the International Convention for the 101.125 Approved Alternative Security Pro- Safety of Life at Sea, 1974 (SOLAS grams. Chapter XI–2) and the International 101.130 Equivalent security measures. Code for the Security of Ships and of Port Facilities, parts A and B, adopted Subpart B—Maritime Security (MARSEC) on 12 December 2002; and Levels (3) To ensure security arrangements 101.200 MARSEC Levels. are as compatible as possible for ves- 101.205 Department of Homeland Security sels trading internationally. alignment. (b) For those maritime elements of the national transportation system Subpart C—Communication (Port-Facility- where international standards do not Vessel) directly apply, the requirements in this 101.300 Preparedness communications. subchapter emphasize cooperation and 101.305 Reporting. coordination with local port commu- 101.310 Additional communication devices. nity stakeholders, and are based on existing domestic standards, as well as Subpart D—Control Measures for Security established industry security practices. 101.400 Enforcement. (c) The assessments and plans re- 101.405 Maritime Security (MARSEC) Direc- quired by this subchapter are intended tives. for use in implementing security meas- 101.410 Control and Compliance Measures. ures at various MARSEC Levels. The 101.415 Penalties. 101.420 Right to appeal. specific security measures and their implementation are planning criteria Subpart E—Other Provisions based on a set of assumptions made during the development of the security 101.500 Procedures for authorizing a Recog- assessment and plan. These assump- nized Security Organization (RSO). [Re- tions may not exist during an actual served] 101.505 Declaration of Security (DoS). transportation security incident. 101.510 Assessment Tools. [USCG–2003–14792, 68 FR 39278, July 1, 2003, as 101.514 TWIC Requirement. amended at 68 FR 60470, Oct. 22, 2003] 101.515 TWIC/Personal Identification.

AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. § 101.105 Definitions. Chapter 701; 50 U.S.C. 191, 192; Executive Unless otherwise specified, as used in Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR this subchapter: 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. Alternative Security Program means a third-party or industry organization EDITORIAL NOTE: Nomenclature changes to developed standard that the Com- part 101 appear at 73 FR 35009, June 19, 2008. mandant has determined provides an SOURCE: USCG–2003–14792, 68 FR 39278, July equivalent level of security to that es- 1, 2003. tablished by this subchapter. Area Commander means the U.S. Subpart A—General Coast Guard officer designated by the Commandant to command a Coast § 101.100 Purpose. Guard Area as described in 33 CFR part (a) The purpose of this subchapter is: 3.

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Area Maritime Security (AMS) Assess- the COTP zones described in 33 CFR ment means an analysis that examines part 3. The COTP is the Federal Mari- and evaluates the infrastructure and time Security Coordinator described in operations of a port taking into ac- 46 U.S.C. 70103(a)(2)(G) and also the count possible threats, vulnerabilities, Port Facility Security Officer as de- and existing protective measures, pro- scribed in the ISPS Code, part A. cedures and operations. Cargo means any goods, wares, or Area Maritime Security (AMS) Com- merchandise carried, or to be carried, mittee means the committee estab- for consideration, whether directly or lished pursuant to 46 U.S.C. indirectly flowing to the owner, 70112(a)(2)(A). This committee can be charterer, operator, agent, or any the Port Security Committee estab- other person interested in the vessel, lished pursuant to Navigation and Ves- facility, or OCS facility, except dredge sel Inspection Circular (NVIC) 09–02 spoils. change 2, available from the cognizant Cargo vessel means a vessel that car- Captain of the Port (COTP) or at http:// ries, or intends to carry, cargo as de- www.uscg.mil/hq/g-m/nvic. fined in this section. Area Maritime Security (AMS) Plan Certain Dangerous Cargo (CDC) means means the plan developed pursuant to the same as defined in 33 CFR 160.204. 46 U.S.C. 70103(b). This plan may be the Commandant means the Commandant Port Security plan developed pursuant of the U.S. Coast Guard. to NVIC 09–02 provided it meets the re- Company means any person or entity quirements of part 103 of this sub- that owns any facility, vessel, or OCS chapter. facility subject to the requirements of Area of Responsibility (AOR) means a this subchapter, or has assumed the re- Coast Guard area, district, marine in- sponsibility for operation of any facil- spection zone or COTP zone described ity, vessel, or OCS facility subject to in 33 CFR part 3. the requirements of this subchapter, Audit means an evaluation of a secu- including the duties and responsibil- rity assessment or security plan per- ities imposed by this subchapter. formed by an owner or operator, the Company Security Officer (CSO) means owner or operator’s designee, or an ap- the person designated by the Company proved third-party, intended to iden- as responsible for the security of the tify deficiencies, non-conformities and/ vessel or OCS facility, including imple- or inadequacies that would render the mentation and maintenance of the ves- assessment or plan insufficient. sel or OCS facility security plan, and Barge means a non-self-propelled ves- for liaison with their respective vessel sel (46 CFR 24.10–1). or facility security officer and the Barge fleeting facility means a com- Coast Guard. mercial area, subject to permitting by Contracting Government means any the Army Corps of Engineers, as pro- government of a nation that is a signa- vided in 33 CFR part 322, part 330, or tory to SOLAS, other than the U.S. pursuant to a regional general permit Cruise ship means any vessel over 100 the purpose of which is for the making gross register tons, carrying more than up, breaking down, or staging of barge 12 passengers for hire which makes tows. voyages lasting more than 24 hours, of Breach of security means an incident which any part is on the high seas. Pas- that has not resulted in a transpor- sengers from cruise ships are embarked tation security incident, in which secu- or disembarked in the U.S. or its terri- rity measures have been circumvented, tories. Cruise ships do not include fer- eluded, or violated. ries that hold Coast Guard Certificates Bulk or in bulk means a commodity of Inspection endorsed for ‘‘Lakes, that is loaded or carried on board a Bays, and Sounds’’, that transit inter- vessel without containers or labels, and national waters for only short periods that is received and handled without of time on frequent schedules. mark or count. Dangerous goods and/or hazardous sub- Bunkers means a vessel’s fuel supply. stances, for the purposes of this sub- Captain of the Port (COTP) means the chapter, means cargoes regulated by local officer exercising authority for parts 126, 127, or 154 of this chapter.

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Dangerous substances or devices means evaluates the infrastructure and oper- any material, substance, or item that ations of the facility taking into ac- reasonably has the potential to cause a count possible threats, vulnerabilities, transportation security incident. consequences, and existing protective Declaration of Security (DoS) means an measures, procedures and operations. agreement executed between the re- Facility Security Officer (FSO) means sponsible Vessel and Facility Security the person designated as responsible Officer, or between Vessel Security Of- for the development, implementation, ficers in the case of a vessel-to-vessel revision and maintenance of the facil- activity, that provides a means for en- ity security plan and for liaison with suring that all shared security con- the COTP and Company and Vessel Se- cerns are properly addressed and secu- curity Officers. rity will remain in place throughout Facility Security Plan (FSP) means the the time a vessel is moored to the fa- plan developed to ensure the applica- cility or for the duration of the vessel- tion of security measures designed to to-vessel activity, respectively. protect the facility and its servicing District Commander means the U.S. vessels or those vessels interfacing Coast Guard officer designated by the with the facility, their cargoes, and Commandant to command a Coast persons on board at the respective Guard District described in 33 CFR part MARSEC Levels. 3. Ferry means a vessel which is limited Drill means a training event that in its use to the carriage of deck pas- tests at least one component of the sengers or vehicles or both, operates on AMS, vessel, or facility security plan a short run on a frequent schedule be- and is used to maintain a high level of tween two or more points over the security readiness. most direct water route, other than in Escorting means ensuring that the es- ocean or coastwise service. corted individual is continuously ac- Foreign vessel means a vessel of for- companied while within a secure area eign registry or a vessel operated under in a manner sufficient to observe the authority of a country, except the whether the escorted individual is en- U.S., that is engaged in commerce. gaged in activities other than those for General shipyard facility means— which escorted access was granted. (1) For operations on land, any struc- This may be accomplished via having a ture or appurtenance thereto designed side-by-side companion or monitoring, for the construction, repair, rehabilita- depending upon where the escorted in- tion, refurbishment, or rebuilding of dividual will be granted access. Indi- any vessel, including graving docks, viduals without TWICs may not enter building ways, ship lifts, wharves, and restricted areas without having an in- pier cranes; the land necessary for any dividual who holds a TWIC as a side-by- structures or appurtenances; and the side companion, except as provided in equipment necessary for the perform- §§ 104.267, 105.257, and 106.262 of this sub- ance of any function referred to in this chapter. definition; and Exercise means a comprehensive (2) For operations other than on land, training event that involves several of any vessel, floating drydock, or barge the functional elements of the AMS, used for, or a type that is usually used vessel, or facility security plan and for, activities referred to in paragraph tests communications, coordination, (1) of this definition. resource availability, and response. Gross register tons (GRT) means the Facility means any structure or facil- gross ton measurement of the vessel ity of any kind located in, on, under, or under 46 U.S.C. chapter 145, Regulatory adjacent to any waters subject to the Measurement. For a vessel measured jurisdiction of the U.S. and used, oper- under only 46 U.S.C. chapter 143, Con- ated, or maintained by a public or pri- vention Measurement, the vessel’s vate entity, including any contiguous gross tonnage, ITC is used to apply all or adjoining property under common thresholds expressed in terms of gross ownership or operation. register tons. Facility Security Assessment (FSA) Gross tonnage, ITC (GT ITC) means means an analysis that examines and the gross tonnage measurement of the

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vessel under 46 U.S.C. chapter 143, Con- ters subject to the jurisdiction of the vention Measurement. Under inter- U.S. national conventions, this parameter MARSEC Level 1 means the level for may be referred to as ‘‘gross tonnage which minimum appropriate protective (GT).’’ security measures shall be maintained Hazardous materials means hazardous at all times. materials subject to regulation under MARSEC Level 2 means the level for 46 CFR parts 148, 150, 151, 153, or 154, or which appropriate additional protec- 49 CFR parts 171 through 180. tive security measures shall be main- Infrastructure means facilities, struc- tained for a period of time as a result tures, systems, assets, or services so of heightened risk of a transportation vital to the port and its economy that security incident. their disruption, incapacity, or de- MARSEC Level 3 means the level for struction would have a debilitating im- which further specific protective secu- pact on defense, security, the environ- rity measures shall be maintained for a ment, long-term economic prosperity, limited period of time when a transpor- public health or safety of the port. tation security incident is probable or International voyage means a voyage imminent, although it may not be pos- between a country to which SOLAS ap- sible to identify the specific target. plies and a port outside that country. A Master means the holder of a valid merchant mariner credential or license country, as used in this definition, in- that authorizes the individual to serve cludes every territory for the internal as a Master, operator, or person in relations of which a contracting gov- charge of the rated vessel. For the pur- ernment to the convention is respon- poses of this subchapter, Master also sible or for which the United Nations is includes the Person in Charge of a the administering authority. For the MODU, and the operator of an U.S., the term ‘‘territory’’ includes the uninspected towing vessel. Commonwealth of Puerto Rico, all pos- Merchant mariner credential or MMC sessions of the United States, and all means the credential issued by the lands held by the U.S. under a protec- Coast Guard under 46 CFR part 10. It torate or mandate. For the purposes of combines the individual merchant this subchapter, vessels solely navi- mariner’s document, license, and cer- gating the Great Lakes and the St. tificate of registry enumerated in 46 Lawrence River as far east as a U.S.C. subtitle II part E as well as the straight line drawn from Cap des STCW endorsement into a single cre- Rosiers to West Point, Anticosti Island dential that serves as the mariner’s and, on the north side of Anticosti Is- qualification document, certificate of land, the 63rd meridian, are considered identification, and certificate of serv- on an ‘‘international voyage’’ when on ice. a voyage between a U.S. port and a Ca- OCS Facility means any artificial is- nadian port. land, installation, or other complex of ISPS Code means the International one or more structures permanently or Ship and Port Facility Security Code, temporarily attached to the subsoil or as incorporated into SOLAS. seabed of the OCS, erected for the pur- Maritime Security (MARSEC) Directive pose of exploring for, developing or means an instruction issued by the producing oil, natural gas or mineral Commandant, or his/her delegee, man- resources. This definition includes all dating specific security measures for mobile offshore drilling units (MODUs) vessels and facilities that may be in- not covered under part 104 of this sub- volved in a transportation security in- chapter, when attached to the subsoil cident. or seabed of offshore locations, but Maritime Security (MARSEC) Level does not include deepwater ports, as means the level set to reflect the pre- defined by 33 U.S.C. 1502, or pipelines. vailing threat environment to the ma- Operator, Uninspected Towing Vessel rine elements of the national transpor- means an individual who holds a mer- tation system, including ports, vessels, chant mariner credential or license de- facilities, and critical assets and infra- scribed in 46 CFR 15.805(a)(5) or 46 CFR structure located on or adjacent to wa- 15.810(d).

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Owner or operator means any person (3) That receives only: or entity that owns, or maintains oper- (i) Vessels not subject to part 104 of ational control over, any facility, ves- this chapter, or sel, or OCS facility subject to this sub- (ii) Passenger vessels, except: chapter. This includes a towing vessel (A) Ferries certificated to carry vehi- that has operational control of an un- cles; manned vessel when the unmanned ves- (B) Cruise ships; or sel is attached to the towing vessel and (C) Passenger vessels subject to a facility that has operational control SOLAS Chapter XI–1 or SOLAS Chap- of an unmanned vessel when the un- ter XI–2. manned vessel is not attached to a tow- Recurring unescorted access means au- ing vessel and is moored to the facility; thorization to enter a vessel on a con- attachment begins with the securing of tinual basis after an initial personal the first mooring line and ends with identity and credential verification. the casting-off of the last mooring line. Registered length means the registered Passenger vessel means— length as defined in 46 CFR part 69. (1) On an international voyage, a ves- Restricted areas mean the infrastruc- sel carrying more than 12 passengers, tures or locations identified in an area, including at least one passenger-for- vessel, or facility security assessment hire; and or by the operator that require limited (2) On other than an international access and a higher degree of security voyage: protection. The entire facility may be (i) A vessel of at least 100 gross reg- designated the restricted area, as long ister tons carrying more than 12 pas- as the entire facility is provided the sengers, including at least one pas- appropriate level of security. senger-for-hire; Review and approval means the proc- (ii) A vessel of less than 100 gross reg- ess whereby Coast Guard officials ister tons carrying more than 6 pas- evaluate a plan or proposal to deter- sengers, including at least one pas- mine if it complies with this sub- senger-for-hire; chapter and/or provides an equivalent (iii) A vessel that is chartered and level of security. carrying more than 12 passengers; Screening means a reasonable exam- (iv) A submersible vessel that is car- ination of persons, cargo, vehicles, or rying at least one passenger-for-hire; baggage for the protection of the ves- or sel, its passengers and crew. The pur- (v) A wing-in-ground craft, regardless pose of the screening is to secure the of tonnage, that is carrying at least vital government interest of protecting one passenger-for-hire. vessels, harbors, and waterfront facili- Passenger-for-hire means a passenger ties from destruction, loss, or injury for whom consideration is contributed from sabotage or other causes of simi- as a condition of carriage on the vessel, lar nature. Such screening is intended whether directly or indirectly flowing to ensure that dangerous substances to the owner, charterer, operator, and devices, or other items that pose a agent, or any other person having an real danger of violence or a threat to interest in the vessel. security are not present. Personal Identification Number (PIN) Secure area means the area on board a means a personally selected number vessel or at a facility or outer conti- stored electronically on the individ- nental shelf facility over which the ual’s TWIC. owner/operator has implemented secu- Public access facility means a facil- rity measures for access control in ac- ity— cordance with a Coast Guard approved (1) That is used by the public pri- security plan. It does not include pas- marily for purposes such as recreation, senger access areas, employee access entertainment, retail, or tourism, and areas, or public access areas, as those not for receiving vessels subject to part terms are defined in §§ 104.106, 104.107, 104; and 105.106, respectively, of this sub- (2) That has minimal infrastructure chapter. Vessels operating under the for servicing vessels subject to part 104 waivers provided for at 46 U.S.C. of this chapter; and 8103(b)(3)(A) or (B) have no secure

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areas. Facilities subject to part 105 of is directly and immediately affected by this subchapter located in American actions involving the movement of per- Samoa have no secure areas. Facilities sons, cargo, vessel stores, or the provi- subject to part 105 of this subchapter sions of facility services to or from the may, with approval of the Coast Guard, vessel. designate only those portions of their Vessel-to-port interface means the facility that are directly connected to interaction that occurs when a vessel maritime transportation or are at risk is directly and immediately affected by of being involved in a transportation actions involving the movement of per- security incident as their secure areas. sons, cargo, vessel stores, or the provi- Security sweep means a walkthrough sions of port services to or from the to visually inspect unrestricted areas vessel. to identify unattended packages, brief- Vessel Security Assessment (VSA) cases, or luggage and determine that means an analysis that examines and all restricted areas are secure. Security system means a device or evaluates the vessel and its operations multiple devices designed, installed taking into account possible threats, and operated to monitor, detect, ob- vulnerabilities, consequences, and ex- serve or communicate about activity isting protective measures, procedures that may pose a security threat in a lo- and operations. cation or locations on a vessel or facil- Vessel Security Plan (VSP) means the ity. plan developed to ensure the applica- Sensitive security information (SSI) tion of security measures designed to means information within the scope of protect the vessel and the facility that 49 CFR part 1520. the vessel is servicing or interacting SOLAS means the International Con- with, the vessel’s cargoes, and persons vention for the Safety of Life at Sea on board at the respective MARSEC Convention, 1974, as amended. Levels. Survey means an on-scene examina- Vessel Security Officer (VSO) means tion and evaluation of the physical the person onboard the vessel, account- characteristics of a vessel or facility, able to the Master, designated by the and its security systems, processes, Company as responsible for security of procedures, and personnel. the vessel, including implementation Transportation security incident (TSI) and maintenance of the Vessel Secu- means a security incident resulting in rity Plan, and for liaison with the Fa- a significant loss of life, environmental cility Security Officer and the vessel’s damage, transportation system disrup- Company Security Officer. tion, or economic disruption in a par- Vessel stores means— ticular area. (1) Materials that are on board a ves- TWIC means a valid, non-revoked sel for the upkeep, maintenance, safe- transportation worker identification ty, operation or navigation of the ves- credential, as defined and explained in sel; and 49 CFR part 1572. (2) Materials for the safety or com- TWIC Program means those procedures and systems that a vessel, facil- fort of the vessel’s passengers or crew, ity, or outer continental shelf facility including any provisions for the ves- (OCS) must implement in order to as- sel’s passengers or crew. sess and validate TWICs when main- Vessel-to-vessel activity means any ac- taining access control. tivity not related to a facility or port Unaccompanied baggage means any that involves the transfer of cargo, ves- baggage, including personal effects, sel stores, or persons from one vessel to that is not being brought on board on another. behalf of a person who is boarding the Waters subject to the jurisdiction of the vessel. U.S., for purposes of this subchapter, Unescorted access means having the includes all waters described in section authority to enter and move about a 2.36(a) of this chapter; the Exclusive secure area without escort. Economic Zone, in respect to the living Vessel-to-facility interface means the and non-living resources therein; and, interaction that occurs when a vessel in respect to facilities located on the

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Outer Continental Shelf of the U.S., Conference resolution 2, Adop- 101.410; 101.505; the waters superjacent thereto. tion of the International 104.105; 104.115; Code for the Security of 104.120; 104.297; [USCG–2003–14792, 68 FR 39278, July 1, 2003, as Ships and of Port Facilities, 104.400. amended at 68 FR 60470, Oct. 22, 2003; USCG– parts A and B, adopted on 2004–18057, 69 FR 34925, June 23, 2004; USCG– December 12, 2002 (ISPS Code). 2006–24196, 72 FR 3577, Jan. 25, 2007; USCG– 2006–24196, 72 FR 55048, Sept. 28, 2007; USCG– [USCG–2003–14792, 68 FR 39278, July 1, 2003, as 2008–0179, 73 FR 35009, June 19, 2008; USCG– amended at 69 FR 18803, Apr. 9, 2004; USCG– 2006–24196, 74 FR 13116, Mar. 26, 2009; USCG– 2010–0351, 75 FR 36282, June 25, 2010] 2006–24371, 74 FR 11211, Mar. 16, 2009; USCG– 2011–0257, 76 FR 31836, June 2, 2011] § 101.120 Alternatives. § 101.110 Applicability. (a) Alternative Security Agreements. (1) Unless otherwise specified, this sub- The U.S. may conclude in writing, as chapter applies to vessels, structures, provided in SOLAS Chapter XI–2, Regu- and facilities of any kind, located lation 11 (Incorporated by reference, under, in, on, or adjacent to waters see § 101.115), a bilateral or multilateral subject to the jurisdiction of the U.S. agreements with other Contracting Governments to SOLAS on Alternative § 101.115 Incorporation by reference. Security Arrangements covering short (a) Certain material is incorporated international voyages on fixed routes by reference into this subchapter with between facilities subject to the juris- the approval of the Director of the Fed- diction of the U.S. and facilities in the eral Register under 5 U.S.C. 552(a) and territories of those Contracting Gov- 1 CFR part 51. To enforce any edition ernments. other than that specified in paragraph (2) As further provided in SOLAS (b) of this section, the Coast Guard Chapter XI–2, Regulation 11, a vessel must publish notice of change in the covered by such an agreement shall not FEDERAL REGISTER and the material conduct any vessel-to-vessel activity must be available to the public. All ap- with any vessel not covered by the proved material is on file at the Office agreement. of the Coast Guard Port Security Di- (b) Alternative Security Programs. (1) rectorate (CG-54), Coast Guard Head- Owners and operators of vessels and fa- quarters, 2100 2nd St., SW., Stop 7581, cilities required to have security plans Washington, DC 20593–7581, or at the under part 104, 105, or 106 of this sub- National Archives and Records Admin- chapter, other than vessels that are istration (NARA). For information on subject to SOLAS Chapter XI, may the availability of this material at meet an Alternative Security Program NARA, call 202–741–6030, or go to: http:// that has been reviewed and approved www.archives.gov/federallregister/ by the Commandant (CG-54) as meeting codeloflfederallregulations/ the requirements of part 104, 105, or 106, ibrllocations.html. All material is as applicable. available from the sources indicated in (2) Owners or operators must imple- paragraph (b) of this section. ment an approved Alternative Security (b) The materials approved for incor- Program in its entirety to be deemed poration by reference in this sub- in compliance with either part 104, 105, chapter are as follows: or 106. (3) Owners or operators who have im- INTERNATIONAL MARITIME ORGANIZATION plemented an Alternative Security (IMO) Program must send a letter to the ap- Publication Section, 4 Albert Embank- propriate plan approval authority ment, London SE1 7SR, United Kingdom. under part 104, 105, or 106 of this sub- Conference resolution 1, Adop- 101.120; 101.310; chapter identifying which Alternative tion of amendments to the 101.410; 101.505; Security Program they have imple- Annex to the International 104.105; 104.115; Convention for the Safety of 104.120; 104.297; mented, identifying those vessels or fa- Life at Sea, 1974, and 104.400. cilities that will implement the Alter- amendments to Chapter XI native Security Program, and attesting of SOLAS 1974, adopted De- cember 12, 2002, (SOLAS that they are in full compliance there- Chapter XI–1 or SOLAS with. A copy of this letter shall be re- Chapter XI–2). tained on board the vessel or kept at 324

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the facility to which it pertains along (CG-54) allows a shorter period. The with a copy of the Alternative Security Commandant (CG-54) will approve or Program and a vessel, facility, or Outer disapprove the proposed amendment in Continental Shelf facility specific secu- accordance with paragraph (f) of this rity assessment report generated under section. the Alternative Security Program. (e) Validity of Alternative Security Pro- (4) Owners or operators shall make gram. An Alternative Security Program available to the Coast Guard, upon re- approved under this section is valid for quest, any information related to im- 5 years from the date of its approval. plementation of an approved Alter- (f) The Commandant (CG-54) will ex- native Security Program. amine each submission for compliance (c) Approval of Alternative Security with this part, and either: Programs. You must submit to the (1) Approve it and specify any condi- Commandant (CG-54) for review and ap- tions of approval, returning to the sub- proval the Alternative Security Pro- mitter a letter stating its acceptance gram and the following information to and any conditions; assess the adequacy of the proposed Al- (2) Return it for revision, returning a ternative Security Program: copy to the submitter with brief de- (1) A list of the vessel and facility scriptions of the required revisions; or type that the Alternative Security (3) Disapprove it, returning a copy to Program is intended to apply; the submitter with a brief statement of (2) A security assessment for the ves- the reasons for disapproval. sel or facility type; (3) Explanation of how the Alter- [USCG–2003–14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60471, Oct. 22, 2003] native Security Program addresses the requirements of parts 104, 105, or 106, as § 101.125 Approved Alternative Secu- applicable; and rity Programs. (4) Explanation of how owners and The following have been approved, by operators must implement the Alter- the Commandant (CG-54), as Alter- native Security Program in its en- native Security Programs, which may tirety, including performing an oper- be used by vessel or facility owners or ational and vessel or facility specific operators to meet the provisions of assessment and verification of imple- parts 104, 105, or 106 of this subchapter, mentation. as applicable: (d) Amendment of Approved Alternative (a) American Gaming Association Al- Security Programs. (1) Amendments to ternative Security Program, dated Sep- an Alternative Security Program ap- tember 11, 2003. proved under this section may be initi- (b) American Waterways Operators ated by— Alternative Security Program for Tug- (i) The submitter of an Alternative boats, and Towboats and Barges, dated Security Program under paragraph (c) September 24, 2003. of this section; or (c) Passenger Vessel Association In- (ii) The Coast Guard upon a deter- dustry Standards for Security of Pas- mination that an amendment is needed senger Vessels and Small Passenger to maintain the security of a vessel or Vessels, dated September 17, 2003. facility. The Coast Guard will give the submitter of an Alternative Security [USCG–2003–14792, 68 FR 60472, Oct. 22, 2003] Program written notice and request that the submitter propose amend- § 101.130 Equivalent security meas- ments addressing any matters specified ures. in the notice. The submitter will have (a) For any measure required by part at least 60 days to submit its proposed 104, 105, or 106 of this subchapter, the amendments. owner or operator may substitute an (2) Proposed amendments must be equivalent security measure that has sent to the Commandant (CG-54). If ini- been approved by the Commandant tiated by the submitter, the proposed (CG-54) as meeting or exceeding the ef- amendment must be submitted at least fectiveness of the required measure. 30 days before the amendment is to The Commandant (CG-54) may require take effect unless the Commandant that the owner or operator provide

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data for use in assessing the effective- Table 101.205, titled ‘‘Relation between ness of the proposed equivalent secu- HSAS and MARSEC Levels’’ in this rity measure. section, shows this alignment. (b) Requests for approval of equivalent security measures should be made TABLE 101.205—RELATION BETWEEN HSAS to the appropriate plan approval au- AND MARSEC LEVELS thority under parts 104, 105 or 106 of Homeland security advisory sys- Equivalent maritime secu- this subchapter. tem (HSAS) threat condition rity (MARSEC) level

Low: Green ...... MARSEC Level 1. Subpart B—Maritime Security Guarded: Blue. (MARSEC) Levels Elevated: Yellow. High: Orange ...... MARSEC Level 2. § 101.200 MARSEC Levels. (a) MARSEC Levels advise the mari- Severe: Red ...... MARSEC Level 3. time community and the public of the level of risk to the maritime elements [USCG–2003–14792, 68 FR 39278, July 1, 2003, as of the national transportation system. amended at 68 FR 60472, Oct. 22, 2003] Ports, under direction of the local COTP, will respond to changes in the Subpart C—Communication MARSEC Level by implementing the (Port—Facility—Vessel) measures specified in the AMS Plan. Similarly, vessels and facilities re- § 101.300 Preparedness communica- quired to have security plans under tions. part 104, 105, or 106 of this subchapter (a) Notification of MARSEC Level shall implement the measures specified change. The COTP will communicate in their security plans for the applica- any changes in the MARSEC Levels ble MARSEC Level. through a local Broadcast Notice to (b) Unless otherwise directed, each Mariners, an electronic means, if avail- port, vessel, and facility shall operate able, or as detailed in the AMS Plan. at MARSEC Level 1. (b) Communication of threats. When (c) The Commandant will set the the COTP is made aware of a threat MARSEC Level consistent with the that may cause a transportation secu- equivalent Homeland Security Advi- rity incident, the COTP will, when ap- sory System (HSAS) Threat Condition propriate, communicate to the port and that Threat Condition’s scope of stakeholders, vessels, and facilities in application. Notwithstanding the his or her AOR the following details: HSAS, the Commandant retains discre- (1) Geographic area potentially im- tion to adjust the MARSEC Level when pacted by the probable threat; necessary to address any particular se- (2) Any appropriate information iden- curity concerns or circumstances re- tifying potential targets; lated to the maritime elements of the (3) Onset and expected duration of national transportation system. probable threat; (d) The COTP may temporarily raise (4) Type of probable threat; and the MARSEC Level for the port, a spe- (5) Required actions to minimize cific marine operation within the port, risk. or a specific industry within the port, (c) Attainment. (1) Each owner or op- when necessary to address an exigent erator of a vessel or facility required to circumstance immediately affecting have a security plan under parts 104 or the security of the maritime elements 105 of this subchapter affected by a of the transportation system in his/her change in the MARSEC Level must en- area of responsibility. sure confirmation to their local COTP the attainment of measures or actions § 101.205 Department of Homeland Se- described in their security plan and curity alignment. any other requirements imposed by the The MARSEC Levels are aligned with COTP that correspond with the the Department of Homeland Secu- MARSEC Level being imposed by the rity’s Homeland Security Advisory change. System (HSAS), established by Home- (2) Each owner or operator of a facil- land Security Presidential Directive 3. ity required to have a security plan

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under part 106 of this subchapter af- (d) Callers to the National Response fected by a change in the MARSEC Center should be prepared to provide as Level must ensure confirmation to much of the following information as their cognizant District Commander possible: the attainment of measures or actions (1) Their own name and contact in- described in their security plan and formation; any other requirements imposed by the (2) The name and contact informa- District Commander or COTP that cor- tion of the suspicious or responsible respond with the MARSEC Level being party; imposed by the change. (3) The location of the incident, as specifically as possible; and [USCG–2003–14792, 68 FR 39278, July 1, 2003, as (4) The description of the incident or amended at 68 FR 60472, Oct. 22, 2003] activity involved. § 101.305 Reporting. [USCG–2003–14792, 68 FR 39278, July 1, 2003, as amended by USCG–2004–18057, 69 FR 34925, (a) Notification of suspicious activities. June 23, 2004; USCG–2005–21531, 70 FR 36349, An owner or operator required to have June 23, 2005; USCG–2006–25150, 71 FR 39208, a security plan under part 104, 105, or July 12, 2006; USCG–2008–0179, 73 FR 35009, 106 of this subchapter shall, without June 19, 2008] delay, report activities that may result in a transportation security incident to § 101.310 Additional communication the National Response Center at the devices. following toll free telephone: 1–800–424– (a) Alert Systems. Alert systems, such 8802, direct telephone 202–267–2675, or as the ship security alert system re- TDD 202–267–4477. Any other person or quired in SOLAS Chapter XI–2, Regula- entity is also encouraged to report action 6 (Incorporated by reference, see tivities that may result in a transpor- § 101.115), may be used to augment com- tation security incident to the Na- munication and may be one of the com- tional Response Center. munication methods listed in a vessel (b) Notification of breaches of security. or facility security plan under part 104, An owner or operator required to have 105, or 106 of this subchapter. a security plan under parts 104, 105, or (b) Automated Identification Systems 106 of this subchapter shall, without (AIS). AIS may be used to augment delay, report breaches of security to communication, and may be one of the the National Response Center via one communication methods listed in a of the means listed in paragraph (a) of vessel security plan under part 104 of this section. this subchapter. See 33 CFR part 164 for (c) Notification of transportation secu- additional information on AIS device rity incident (TSI). (1) Any owner or op- requirements. erator required to have a security plan under part 104 or 105 of this subchapter Subpart D—Control Measures for shall, without delay, report a TSI to Security their local COTP and immediately thereafter begin following the proce- § 101.400 Enforcement. dures set out in their security plan, (a) The rules and regulations in this which may include contacting the Na- subchapter are enforced by the COTP tional Response Center via one of the under the supervision and general di- means listed in paragraph (a) of this rection of the District Commander, section. Area Commander, and the Com- (2) Any owner or operator required to mandant. All authority and power have a security plan under part 106 of vested in the COTP by the rules and this subchapter shall, without delay, regulations in this subchapter is also report a TSI to their cognizant District vested in, and may be exercised by, the Commander and immediately there- District Commander, Area Commander, after begin following the procedures set and the Commandant. out in their security plan, which may (b) The COTP, District Commander, include contacting the National Re- Area Commander, or Commandant may sponse Center via one of the means assign the enforcement authority de- listed in paragraph (a) of this section. scribed in paragraph (a) of this section

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to any other officer or petty officer of subchapter that receives a MARSEC the Coast Guard or other designees au- Directive must: thorized by the Commandant. (1) Within the time prescribed in the (c) The provisions in this subchapter MARSEC Directive, acknowledge re- do not limit the powers conferred upon ceipt of the MARSEC Directive to their Coast Guard commissioned, warrant, or local COTP or, if a facility regulated petty officers by any other law or regu- under part 106 of this subchapter, to lation, including but not limited to 33 their cognizant District Commander; CFR parts 6, 160, and 165. and (2) Within the time prescribed in the § 101.405 Maritime Security (MARSEC) MARSEC Directive, specify the method Directives. by which the measures in the MARSEC Directive have been implemented (or (a)(1) When the Coast Guard deter- will be implemented, if the MARSEC mines that additional security meas- Directive is not yet effective). ures are necessary to respond to a (d) In the event that the owner or op- threat assessment or to a specific erator of a vessel or facility required to threat against the maritime elements have a security plan under part 104, 105, of the national transportation system, or 106 of this subchapter is unable to the Coast Guard may issue a MARSEC implement the measures in the Directive setting forth mandatory MARSEC Directive, the owner or oper- measures. Only the Commandant or ator must submit proposed equivalent his/her delegee may issue MARSEC Di- security measures and the basis for rectives under this section. Prior to submitting the equivalent security issuing a MARSEC Directive, the Com- measures to the COTP or, if a facility mandant or his/her delegee will consult regulated under part 106 of this sub- with those Federal agencies having an chapter, to their cognizant District interest in the subject matter of that Commander, for approval. MARSEC Directive. All MARSEC Di- (e) The owner or operator must sub- rectives issued under this section shall mit the proposed equivalent security be marked as sensitive security infor- measures within the time prescribed in mation (SSI) in accordance with 49 the MARSEC Directive. The owner or CFR part 1520. operator must implement any equiva- (2) When a MARSEC Directive is lent security measures approved by the issued, the Coast Guard will imme- COTP, or, if a facility regulated under diately publish a notice in the FEDERAL part 106 of this subchapter, by their REGISTER, and affected owners and op- cognizant District Commander. erators will need to go to their local [USCG–2003–14792, 68 FR 39278, July 1, 2003, as COTP or cognizant District Com- amended at 68 FR 60472, Oct. 22, 2003] mander to acquire a copy of the MARSEC Directive. COTPs and Dis- § 101.410 Control and Compliance trict Commanders will require owners Measures. or operators to prove that they are a (a) The COTP may exercise authority person required by 49 CFR 1520.5(a) to pursuant to 33 CFR parts 6, 160 and 165, restrict disclosure of and access to sen- as appropriate, to rectify non-compli- sitive security information, and that ance with this subchapter. COTPs or under 49 CFR 1520.5(b), they have a their designees are the officers duly au- need to know sensitive security infor- thorized to exercise control and com- mation. pliance measures under SOLAS Chap- (b) Each owner or operator of a vessel ter XI–2, Regulation 9, and the ISPS or facility to whom a MARSEC Direc- Code (Incorporated by reference, see tive applies is required to comply with § 101.115). the relevant instructions contained in (b) Control and compliance measures a MARSEC Directive issued under this for vessels not in compliance with this section within the time prescribed by subchapter may include, but are not that MARSEC Directive. limited to, one or more of the fol- (c) Each owner or operator of a vessel lowing: or facility required to have a security (1) Inspection of the vessel; plan under parts 104, 105 or 106 of this (2) Delay of the vessel;

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(3) Detention of the vessel; ministration of this provision will be in (4) Restriction of vessel operations; accordance with 33 CFR 1.07. (5) Denial of port entry; [USCG–2003–14792, 68 FR 39278, July 1, 2003, as (6) Expulsion from port; amended by USCG–2008–0179, 73 FR 35009, (7) Lesser administrative and correc- June 19, 2008] tive measures; or § 101.420 Right to appeal. (8) Suspension or revocation of a security plan approved by the U.S., (a) Any person directly affected by a thereby making that vessel ineligible decision or action taken by a COTP to operate in, on, or under waters sub- under this subchapter, may appeal that ject to the jurisdiction of the U.S. in action or decision to the cognizant Dis- accordance with 46 U.S.C. 70103(c)(5). trict Commander according to the procedures in 46 CFR 1.03–15. (c) Control and compliance measures (b) Any person directly affected by a for facilities not in compliance with decision or action taken by a District this subchapter may include, but are Commander, whether made under this not limited to, one or more of the fol- subchapter generally or pursuant to lowing: paragraph (a) of this section, with the (1) Restrictions on facility access; exception of those decisions made (2) Conditions on facility operations; under § 101.410 of this subpart, may ap- (3) Suspension of facility operations; peal that decision or action to the (4) Lesser administrative and correc- Commandant (CG-54), according to the tive measures; or procedures in 46 CFR 1.03–15. Appeals of (5) Suspension or revocation of secu- District Commander decisions or ac- rity plan approval, thereby making tions made under § 101.410 of this sub- that facility ineligible to operate in, part should be made to the Com- on, under or adjacent to waters subject mandant (CG-543), according to the to the jurisdiction of the U.S. in ac- procedures in 46 CFR 1.03–15. (c) Any person directly affected by a cordance with 46 U.S.C. 70103(c)(5). decision or action taken by the Com- (d) Control and compliance measures manding Officer, Marine Safety Center, under this section may be imposed on a under this subchapter, may appeal that vessel when it has called on a facility action or decision to the Commandant or at a port that does not maintain (CG-54) according to the procedures in adequate security measures to ensure 46 CFR 1.03–15. that the level of security to be (d) Decisions made by Commandant achieved by this subchapter has not (CG-54), whether made under this sub- been compromised. chapter generally or pursuant to the appeal provisions of this section, are [USCG–2003–14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, Oct. 22, 2003] considered final agency action. [USCG–2003–14792, 68 FR 39278, July 1, 2003, as § 101.415 Penalties. amended at 68 FR 60472, Oct. 22, 2003; 68 FR (a) Civil and criminal penalty. Viola- 62502, Nov. 4, 2003; USCG–2008–0179, 73 FR 35009, June 19, 2008] tion of any order or other requirement imposed under section 101.405 of this part is punishable by the civil and Subpart E—Other Provisions criminal penalties prescribed in 33 § 101.500 Procedures for authorizing a U.S.C. 1232 or 50 U.S.C. 192, as appro- Recognized Security Organization priate. (RSO). [Reserved] (b) Civil penalty. As provided in 46 U.S.C. 70119, any person who does not § 101.505 Declaration of Security (DoS). comply with any other applicable requirement under this subchapter, in- (a) The purpose of a DoS, as described cluding a Maritime Security Directive, in SOLAS Chapter XI–2, Regulation 10, shall be liable to the U.S. for a civil and the ISPS Code (Incorporated by reference, see § 101.115), is to state the penalty of not more than $ 25,000 for agreement reached between a vessel each violation. Enforcement and ad- and a facility, or between vessels in the

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case of a vessel-to-vessel activity, as to § 101.514 TWIC Requirement. the respective security measures each (a) All persons requiring unescorted must undertake during a specific ves- access to secure areas of vessels, facili- sel-to-facility interface, during a series ties, and OCS facilities regulated by of interfaces between the vessel and parts 104, 105 or 106 of this subchapter the facility, or during a vessel-to-ves- must possess a TWIC before such access sel activity. is granted, except as otherwise noted in (b) Details as to who must complete this section. A TWIC must be obtained a DoS, when a DoS must be completed, via the procedures established by TSA and how long a DoS must be retained in 49 CFR part 1572. are included in parts 104 through 106 of (b) Federal officials are not required this subchapter. A DoS must, at a min- to obtain or possess a TWIC. Except in imum, include the information found cases of emergencies or other exigent in the ISPS Code, part B, appendix 1 circumstances, in order to gain (Incorporated by reference, see unescorted access to a secure area of a § 101.115). vessel, facility, or OCS facility regu- (c) All vessels and facilities required lated by parts 104, 105 or 106 of this sub- to comply with parts 104, 105, and 106 of chapter, a federal official must present this subchapter must, at a minimum, his/her agency issued, HSPD 12 compli- comply with the DoS requirements of ant credential. Until each agency the MARSEC Level set for the port. issues its HSPD 12 compliant cards, Federal officials may gain unescorted (d) The COTP may also require a DoS access by using their agency’s official be completed for vessels and facilities credential. The COTP will advise facili- during periods of critical port oper- ties and vessels within his or her area ations, special marine events, or when of responsibility as agencies come into vessels give notification of a higher compliance with HSPD 12. MARSEC Level than that set in the (c) Law enforcement officials at the COTP’s Area of Responsibility (AOR). State or local level are not required to [USCG–2003–14792, 68 FR 39278, July 1, 2003, as obtain or possess a TWIC to gain amended at 68 FR 60472, Oct. 22, 2003] unescorted access to secure areas. They may, however, voluntarily obtain a § 101.510 Assessment tools. TWIC where their offices fall within or Ports, vessels, and facilities required where they require frequent unescorted to conduct security assessments by access to a secure area of a vessel, facility or OCS facility. part 103, 104, 105, or 106 of this sub- (d) Emergency responders at the chapter may use any assessment tool State, or local level are not required to that meets the standards set out in obtain or possess a TWIC to gain part 103, 104, 105, or 106, as applicable. unescorted access to secure areas dur- These tools may include USCG assessing an emergency situation. They may, ment tools, which are available from however, voluntarily obtain a TWIC the cognizant COTP or at http:// where their offices fall within or where www.uscg.mil/hq/g-m/nvic, as set out in they desire frequent unescorted access the following: to a secure area of a vessel, facility or (a) Navigation and Vessel Inspection OCS facility in non-emergency situa- Circular titled, ‘‘Guidelines for Port tions. Security Committees, and Port Secu- (e) Before April 15, 2009, mariners do rity Plans Required for U.S. Ports’’ not need to obtain or possess a TWIC (NVIC 9–02 change 2); but may be provided unescorted access (b) Navigation and Vessel Inspection to secure areas of vessels, facilities, Circular titled, ‘‘Security Guidelines and OCS facilities regulated by parts for Vessels’’, (NVIC 10–02 change 1); and 104, 105 or 106 of this subchapter if they (c) Navigation and Vessel Inspection are able to show one of the following: Circular titled, ‘‘Security Guidelines (1) A valid Merchant Mariner Docu- for Facilities’’, (NVIC 11–02 change 1). ment (MMD); (2) A valid Merchant Mariner License [USCG–2012–0306, 77 FR 37313, June 21, 2012] and a valid photo identification; or

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(3) A valid Certificate of Registry and (2) Each person who has been issued a valid photo identification. or who possesses a TWIC must allow his or her TWIC to be read by a reader [USCG–2006–24196, 72 FR 3578, Jan. 25, 2007, as amended at 73 FR 25565, May 7, 2008] and must submit his or her reference biometric, such as a fingerprint, and § 101.515 TWIC/Personal Identification. any other required information, such as a PIN, to the reader, upon a request (a) Persons not described in § 101.514 from TSA, the Coast Guard, other au- of this part shall be required to present thorized DHS representative; or a Fed- personal identification in order to gain eral, State, or local law enforcement entry to a vessel, facility, and OCS fa- officer. cility regulated by parts 104, 105 or 106 of this subchapter. These individuals [USCG–2006–24196, 72 FR 3578, Jan. 25, 2007] must be under escort, as that term is defined in § 101.105 of this part, while PART 102—MARITIME SECURITY: inside a secure area. This personal NATIONAL MARITIME TRANSPOR- identification must, at a minimum, TATION SECURITY [RESERVED] meet the following requirements: (1) Be laminated or otherwise secure PART 103—MARITIME SECURITY: against tampering; (2) Contain the individual’s full name AREA MARITIME SECURITY (full first and last names, middle initial is acceptable); Subpart A—General (3) Contain a photo that accurately Sec. depicts that individual’s current facial 103.100 Applicability. appearance; and 103.105 Definitions. (4) Bear the name of the issuing authority. Subpart B—Federal Maritime Security Co- ordinator (FMSC) Designation and Au- (b) The issuing authority in para- thorities graph (a)(4) of this section must be: (1) A government authority, or an or- 103.200 Designation of the Federal Maritime ganization authorized to act of behalf Security Coordinator (FMSC). of a government authority; or 103.205 Authority of the COTP as the Fed- (2) The individual’s employer, union, eral Maritime Security Coordinator or trade association. (FMSC). (c) Vessel, facility, and OCS facility Subpart C—Area Maritime Security (AMS) owners and operators must permit law Committee enforcement officials, in the performance of their official duties, who 103.300 Area Maritime Security (AMS) Com- present proper identification in accord- mittee. ance with this section and § 101.514 of 103.305 Composition of an Area Maritime Security (AMS) Committee. this part to enter or board that vessel, 103.310 Responsibilities of the Area Mari- facility, or OCS facility at any time, time Security (AMS) Committee. without delay or obstruction. Law enforcement officials, upon entering or Subpart D—Area Maritime Security (AMS) boarding a vessel, facility, or OCS fa- Assessment cility, will, as soon as practicable, explain their mission to the Master, 103.400 General. 103.405 Elements of the Area Maritime Se- owner, or operator, or their designated curity (AMS) Assessment. agent. 103.410 Persons involved in the Area Mari- (d) Inspection of credential. (1) Each time Security (AMS) Assessment. person who has been issued or possesses a TWIC must present the TWIC for in- Subpart E—Area Maritime Security (AMS) spection upon a request from TSA, the Plan Coast Guard, or other authorized DHS 103.500 General. representative; an authorized rep- 103.505 Elements of the Area Maritime Se- resentative of the National Transpor- curity (AMS) Plan. tation Safety Board; or a Federal, 103.510 Area Maritime Security (AMS) Plan State, or local law enforcement officer. review and approval.

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103.515 Exercises. Subpart C—Area Maritime 103.520 Recordkeeping. Security (AMS) Committee AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. 70102, 70103, 70104, 70112; 50 U.S.C. 191; 33 CFR § 103.300 Area Maritime Security 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; Department (AMS) Committee. of Homeland Security Delegation No. 0170.1. (a) The AMS Committee is estab- SOURCE: USCG–2003–14733, 68 FR 39290, July lished under the direction of the COTP 1, 2003, unless otherwise noted. and shall assist in the development, review, and update of the AMS Plan for Subpart A—General their area of responsibility. For the purposes of this subchapter, Port Secu- § 103.100 Applicability. rity Committees that were established This part applies to all vessels and prior to July 1, 2003, according to guid- facilities located in, on, under, or adja- ance issued by the Coast Guard, may be cent to waters subject to the jurisdic- considered AMS Committees, provided tion of the U.S. they conform to the procedures established by this part and satisfy the § 103.105 Definitions. membership requirements of § 103.305 of Except as specifically stated in this this part. subpart, the definitions in part 101 of (b) The AMS Committee will operate this subchapter apply to this part. under terms specified in a written charter. At a minimum, the charter Subpart B—Federal Maritime Se- must address: curity Coordinator (FMSC) (1) The AMS Committee’s purpose Designation and Authorities and geographic area of responsibility; (2) Rules for membership; § 103.200 Designation of the Federal (3) The AMS Committee’s organiza- Maritime Security Coordinator tional structure and procedural rules of (FMSC). order; The COTPs are the Federal Maritime (4) Frequency of meetings, to include Security Coordinators for their respec- not less than once in a calendar year or tive COTP zones described in 33 CFR when requested by a majority of the part 3, including all ports and areas lo- AMS Committee members; cated therein. (5) Guidelines for public access to AMS Committee meetings and records; § 103.205 Authority of the COTP as the and Federal Maritime Security Coordi- (6) Rules for handling and protecting nator (FMSC). classified, sensitive security, commer- (a) Without limitation to the author- cially sensitive, and proprietary infor- ity vested in the COTP by statute or mation. regulation, and in addition to authority prescribed elsewhere in this part, § 103.305 Composition of an Area Mari- the COTP as the FMSC is authorized time Security (AMS) Committee. to: (a) An AMS Committee will be com- (1) Establish, convene, and direct the posed of not less than seven members Area Maritime Security (AMS) Com- having an interest in the security of mittee; the area and who may be selected (2) Appoint members to the AMS from— Committee; (1) The Federal, Territorial, or Tribal (3) Develop and maintain, in coordi- government; nation with the AMS Committee, the (2) The State government and polit- AMS Plan; ical subdivisions thereof; (4) Implement and exercise the AMS (3) Local public safety, crisis man- Plan; and agement and emergency response agen- (5) Maintain the records required by cies; § 103.520 of this part. (4) Law enforcement and security or- (b) The authorizations in paragraph ganizations; (a) of this section do not limit any (5) Maritime industry, including other existing authority of the COTP. labor;

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(6) Other port stakeholders having a specified in § 103.310 of this part and special competence in maritime secu- § 101.510 of this subchapter, incor- rity; and porating the elements specified in (7) Port stakeholders affected by se- § 103.405 of this part. curity practices and policies. (b) AMS Assessments can be com- (b) At least seven of the members pleted by the COTP, the AMS Com- must each have 5 or more years of ex- mittee, a Coast Guard Port Security perience related to maritime or port Assessment team, or by another third security operations. party approved by the AMS Com- (c) Members appointed under this mittee. section serve for a term of not more (c) Upon completion of each AMS As- than five years. In appointing mem- sessment, a written report, which is bers, the FMSC should consider the designated sensitive security informa- skills required by § 103.410 of this part. tion, must be prepared consisting of: With the exception of credentialed Fed- (1) A summary of how the AMS As- eral, state and local officials, all AMS sessment was conducted; Committee members shall have a (2) A description of each vulner- name-based terrorist check from TSA, ability and consequences found during hold a TWIC, or have passed a com- the AMS Assessment; and parable security threat assessment, if (3) A description of risk reduction they need access to SSI as determined strategies that could be used to ensure by the FMSC. continued operation at an acceptable [USCG–2003–14733, 68 FR 39290, July 1, 2003, as risk level. amended at 68 FR 60482, Oct. 22, 2003; USCG– 2006–24196, 72 FR 3579, Jan. 25, 2007] § 103.405 Elements of the Area Mari- time Security (AMS) Assessment. § 103.310 Responsibilities of the Area (a) The AMS Assessment must in- Maritime Security (AMS) Com- clude the following elements: mittee. (1) Identification of the critical Ma- (a) The AMS Committee shall: rine Transportation System infrastruc- (1) Identify critical port infrastructure and operations in the port; ture and operations; (2) Threat assessment that identifies (2) Identify risks (threats, and evaluates each potential threat on vulnerabilities, and consequences); the basis of various factors, including (3) Determine mitigation strategies capability and intention; and implementation methods; (3) Consequence and vulnerability as- (4) Develop and describe the process sessment for each target/scenario com- to continually evaluate overall port se- bination; and curity by considering consequences and (4) A determination of the required vulnerabilities, how they may change security measures for the three over time, and what additional mitiga- MARSEC Levels. tion strategies can be applied; and (b) In order to meet the elements (5) Provide advice to, and assist the listed in paragraph (a) of this section, COTP in, developing the AMS Plan. an AMS Assessment should consider (b) The AMS Committee shall also each of the following: serve as a link for communicating (1) Physical security of infrastruc- threats and changes in MARSEC Lev- ture and operations at the port; els, and disseminating appropriate se- (2) Structures considered critical for curity information to port stake- the continued operation of the port; holders. (3) Existing security systems and equipment available to protect mari- Subpart D—Area Maritime time personnel; Security (AMS) Assessment (4) Procedural policies; (5) Radio and telecommunication sys- § 103.400 General. tems, including computer systems and (a) The Area Maritime Security networks; (AMS) Committee will ensure that a (6) Relevant transportation infra- risk based AMS Assessment, is com- structure; pleted and meets the requirements (7) Utilities;

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(8) Security resources and capabili- must be consistent with the National ties; and Maritime Transportation Security (9) Other areas that may, if damaged, Plan and the National Transportation pose a risk to people, infrastructure, or Security Plan. operations within the port. (b) Portions of the AMS Plan may (c) AMS Assessments are sensitive contain sensitive security information, security information and must be pro- and those portions must be marked as tected in accordance with 49 CFR part such and protected in accordance with 1520. 49 CFR part 1520. § 103.410 Persons involved in the Area [USCG–2003–14733, 68 FR 39290, July 1, 2003, as Maritime Security (AMS) Assess- amended at 68 FR 60482, Oct. 22, 2003] ment. § 103.505 Elements of the Area Mari- The persons carrying out the AMS time Security (AMS) Plan. Assessment must have the appropriate skills to evaluate the security of the The AMS Plan should address the fol- port in accordance with this part. This lowing elements, as applicable: includes being able to draw upon expert (a) Details of both operational and assistance in relation to: physical measures that are in place in (a) Knowledge of current security the port at MARSEC Level 1; threats and patterns; (b) Details of the additional security (b) Recognition and detection of dan- measures that enable the port to gerous substances, and devices; progress, without delay, to MARSEC (c) Recognition, on a non-discrimina- Level 2 and, when necessary, to tory basis, of characteristics and be- MARSEC Level 3; havioral patterns of persons who are (c) Details of the security incident likely to threaten security; command-and-response structure; (d) Techniques used to circumvent se- (d) Details for regular audit of the curity measures; AMS Plan, and for its amendment in (e) Methods used to cause a transpor- response to experience or changing cir- tation security incident; cumstances; (f) Effects of dangerous substances (e) Measures to prevent the introduc- and devices on structures and port tion of dangerous substances and de- services; vices into designated restricted areas (g) Port security requirements; within the port; (h) Port business practices; (f) Measures to prevent unauthorized (i) Contingency planning, emergency access to designated restricted areas preparedness, and response; within the port (e.g., TWIC); (j) Physical security measures; (g) Procedures and expected time- (k) Radio and telecommunications frames for responding to security systems, including computer systems threats or breaches of security, includ- and networks; ing provisions for maintaining infra- (l) Transportation and civil engineer- structure and operations in the port; ing; (h) Procedures for responding to any (m) Vessel and port operations; and security instructions the Coast Guard (n) Knowledge of the impact, includ- announces at MARSEC Level 3; ing cost impacts of implementing secu- (i) Procedures for evacuation within rity measures on port operations. the port in case of security threats or breaches of security; Subpart E—Area Maritime Security (j) Procedures for periodic plan re- (AMS) Plan view, exercise, and updating; (k) Procedures for reporting trans- § 103.500 General. portation security incidents (TSI); (a) The Area Maritime Security (l) Identification of, and methods to (AMS) Plan is developed by the COTP, communicate with, Facility Security in consultation with the AMS Com- Officers (FSO), Company Security Offi- mittee, and is based on an AMS Assess- cers (CSO), Vessel Security Officers ment that meets the provisions of sub- (VSO), public safety officers, emer- part D of this part. The AMS Plan gency response personnel, and crisis

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management organization representa- § 103.515 Exercises. tives within the port, including 24-hour (a) The COTP shall coordinate with contact details; the Area Maritime Security (AMS) (m) Measures to ensure the security Committee to conduct or participate in of the information contained in the an exercise at least once each calendar AMS Plan; year, with no more than 18 months be- (n) Security measures designed to en- tween exercises, to test the effective- sure effective security of infrastruc- ness of the AMS Plan. ture, special events, vessels, pas- (b) An exercise may consist of any of sengers, cargo, and cargo handling the following: equipment at facilities within the port (1) A tabletop exercise to validate the not otherwise covered by a Vessel or AMS Plan. No equipment or personnel Facility Security Plan, approved under deployment is required; part 104, 105, or 106 of this subchapter; (2) A field training exercise con- (o) Procedures to be taken when a sisting of personnel deployment and vessel is at a higher security level than use of security equipment; or the facility or port it is visiting; (3) A combination of § 103.515(b)(1) and (p) Procedures for responding if a ves- (b)(2). sel security alert system on board a (c) Upon review by the cognizant Dis- vessel within or near the port has been trict Commander, and approval by the activated; cognizant Area Commander, the re- (q) Procedures for communicating quirements of this section may be sat- appropriate security and threat infor- isfied by— mation to the public; (1) Participation of the COTP and appropriate AMS Committee members or (r) Procedures for handling reports other appropriate port stakeholders in from the public and maritime industry an emergency response or crisis man- regarding suspicious activity; agement exercise conducted by another (s) The jurisdiction of Federal, State, governmental agency or private sector Indian Tribal, and local government entity, provided that the exercise ad- agencies and law enforcement entities dresses components of the AMS Plan; over area security related matters; (2) An actual increase in MARSEC (t) Security resources available for Level; or incident response and their capabili- (3) Implementation of enhanced secu- ties; rity measures enumerated in the AMS (u) Procedures for responding to a Plan during periods of critical port op- TSI; erations or special marine events. (v) Procedures to facilitate the recov- [USCG–2003–14733, 68 FR 39290, July 1, 2003, as ery of the Marine Transportation Sys- amended at 68 FR 60483, Oct. 22, 2003] tem after a TSI; and (w) Identification of any facility oth- § 103.520 Recordkeeping. erwise subject to part 105 of this sub- (a) All records pertaining to the Area chapter that the COTP has designated Maritime Security (AMS) Assessment as a public access facility within the and AMS Plan will be retained by the area, the security measures that must COTP for 5 years. be implemented at the various (b) Exercise documentation will be MARSEC Levels, and who is respon- kept by the COTP for 2 years. sible for implementing those measures. [USCG–2003–14733, 68 FR 39290, July 1, 2003, as PART 104—MARITIME SECURITY: amended at 68 FR 60482, Oct. 22, 2003; USCG– VESSELS 2006–24196, 72 FR 3579, Jan. 25, 2007] Subpart A—General § 103.510 Area Maritime Security (AMS) Plan review and approval. Sec. 104.100 Definitions. Each AMS Plan will be submitted to 104.105 Applicability. the cognizant District Commander for 104.106 Passenger access area. review and then forwarded to the Area 104.107 Employee access area. Commander for approval. 104.110 Exemptions.

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104.115 Compliance. 11, 6.14, 6.16, and 6.19; Department of Home- 104.120 Compliance documentation. land Security Delegation No. 0170.1. 104.125 Noncompliance. SOURCE: USCG–2003–14749, 68 FR 39302, July 104.130 Waivers. 1, 2003, unless otherwise noted. 104.135 Equivalents. 104.140 Alternative Security Programs. 104.145 Maritime Security (MARSEC) Direc- Subpart A—General tive. 104.150 Right to appeal. § 104.100 Definitions. Except as specifically stated in this Subpart B—Vessel Security Requirements subpart, the definitions in part 101 of 104.200 Owner or operator. this subchapter apply to this part. 104.205 Master. 104.210 Company Security Officer (CSO). § 104.105 Applicability. 104.215 Vessel Security Officer (VSO). (a) This part applies to the owner or 104.220 Company or vessel personnel with operator of any: security duties. (1) Mobile Offshore Drilling Unit 104.225 Security training for all other vessel (MODU), cargo, or passenger vessel personnel. 104.230 Drill and exercise requirements. subject to the International Conven- 104.235 Vessel recordkeeping requirements. tion for Safety of Life at Sea, 1974, 104.240 Maritime Security (MARSEC) Level (SOLAS), Chapter XI–1 or Chapter XI– coordination and implementation. 2; 104.245 Communications. (2) Foreign cargo vessel greater than 104.250 Procedures for interfacing with fa- 100 gross register tons; cilities and other vessels. (3) Self-propelled U.S. cargo vessel 104.255 Declaration of Security (DoS). greater than 100 gross register tons 104.260 Security systems and equipment subject to 46 CFR subchapter I, except maintenance. 104.265 Security measures for access con- commercial fishing vessels inspected trol. under 46 CFR part 105; 104.267 Security measures for newly hired (4) Vessel subject to 46 CFR chapter employees. I, subchapter L; 104.270 Security measures for restricted (5) Passenger vessel subject to 46 CFR areas. chapter I, subchapter H; 104.275 Security measures for handling (6) Passenger vessel certificated to cargo. carry more than 150 passengers; 104.280 Security measures for delivery of (7) Other passenger vessel carrying vessel stores and bunkers. 104.285 Security measures for monitoring. more than 12 passengers, including at 104.290 Security incident procedures. least one passenger-for-hire, that is en- 104.292 Additional requirements—passenger gaged on an international voyage; vessels and ferries. (8) Barge subject to 46 CFR chapter I, 104.295 Additional requirements—cruise subchapters D or O; ships. (9) Barge carrying certain dangerous 104.297 Additional requirements—vessels on cargo in bulk or barge that is subject international voyages. to 46 CFR Chapter I, subchapter I, that is engaged on an international voyage. Subpart C—Vessel Security Assessment (10) Tankship subject to 46 CFR chap- (VSA) ter I, subchapters D or O; and 104.300 General. (11) Towing vessel greater than eight 104.305 Vessel Security Assessment (VSA) meters in registered length that is en- requirements. gaged in towing a barge or barges sub- 104.310 Submission requirements. ject to this part, except a towing vessel that— Subpart D—Vessel Security Plan (VSP) (i) Temporarily assists another vessel 104.400 General. engaged in towing a barge or barges 104.405 Format of the Vessel Security Plan subject to this part; (VSP). (ii) Shifts a barge or barges subject 104.410 Submission and approval. to this part at a facility or within a 104.415 Amendment and audit. fleeting facility; AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. (iii) Assists sections of a tow through Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04– a lock; or

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(iv) Provides emergency assistance. security measures for access control, of (b) An owner or operator of any ves- a ferry, passenger vessel, or cruise ship sel not covered in paragraph (a) of this that is open to passengers. It is not a section is subject to parts 101 through secure area and does not require a 103 of this subchapter. TWIC for unescorted access. (c) Foreign Vessels that have on (c) Passenger access areas may not board a valid International Ship Secu- include any areas defined as restricted rity Certificate that certifies that the areas in the VSP. verifications required by part A, Sec- tion 19.1, of the International Ship and [USCG–2006–24196, 72 FR 3579, Jan. 25, 2007, as amended by USCG–2008–0179, 73 FR 35009, Port Facility Security (ISPS) Code (In- June 19, 2008] corporated by reference, see § 101.115 of this subchapter) have been completed § 104.107 Employee access area. will be deemed in compliance with this (a) A ferry or passenger vessel, ex- part, except for §§ 104.240, 104.255, cluding cruise ships, may designate 104.292, and 104.295, as appropriate. This areas within the vessel as employee ac- includes ensuring that the vessel meets cess areas. the applicable requirements of SOLAS Chapter XI–2 (Incorporated by ref- (b) An employee access area is a de- erence, see § 101.115 of this subchapter) fined space, within the area over which and the ISPS Code, part A, having the owner or operator has implemented taken into account the relevant provi- security measures for access control, of sions of the ISPS Code, part B, and a ferry or passenger vessel that is open that the vessel is provided with an ap- only to employees and not to pas- proved security plan. sengers. It is not a secure area and does (d) The TWIC requirements found in not require a TWIC for unescorted ac- this part do not apply to foreign ves- cess. sels. (c) Employee access areas may not (e) The TWIC requirements found in include any areas defined as restricted this part do not apply to mariners em- areas in the VSP. ployed aboard vessels moored at U.S. [USCG–2006–24196, 72 FR 3579, Jan. 25, 2007] facilities only when they are working immediately adjacent to their vessels § 104.110 Exemptions. in the conduct of vessel activities. (a) This part does not apply to war- (f) Except pursuant to international ships, naval auxiliaries, or other ves- treaty, convention, or agreement to sels owned or operated by a govern- which the U.S. is a party, this part ment and used only on government does not apply to any foreign vessel non-commercial service. that is not destined for, or departing (b) A vessel is not subject to this part from, a port or place subject to the ju- while the vessel is laid up, dismantled, risdiction of the U.S. and that is in: or otherwise out of commission. (1) Innocent passage through the territorial sea of the U.S.; or [USCG–2003–14749, 68 FR 60513, Oct. 22, 2003] (2) Transit through the navigable waters of the U.S. that form a part of an § 104.115 Compliance. international strait. (a) Vessel owners or operators must ensure their vessels are operating in [USCG–2003–14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG– compliance with this part. 2004–18057, 69 FR 34925, June 23, 2004; USCG– (b) Owners or operators of foreign 2004–19963, 70 FR 74669, Dec. 16, 2005; USCG– vessels must comply with the fol- 2006–24196, 72 FR 3579, Jan. 25, 2007] lowing— (1) Vessels subject to the Inter- § 104.106 Passenger access area. national Convention for Safety of Life (a) A ferry, passenger vessel, or at Sea, 1974, (SOLAS), Chapter XI–1 or cruise ship may designate areas within Chapter XI–2, must carry on board a the vessel as passenger access areas. valid International Ship Security Cer- (b) A passenger access area is a de- tificate that certifies that the fined space, within the area over which verifications required by part A, Sec- the owner or operator has implemented tion 19.1, of the International Ship and

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Port Facility Security (ISPS) Code (In- for approval, and that the vessel may corporated by reference, see § 101.115 of continue to operate so long as the ves- this subchapter) have been completed. sel remains in compliance with the This includes ensuring that the vessel submitted plan; meets the applicable requirements of (3) For vessels operating under a SOLAS Chapter XI–2 (Incorporated by Coast Guard-approved Alternative Se- reference, see § 101.115 of this chapter) curity Program as provided in § 104.140, and the ISPS Code, part A, having a copy of the Alternative Security Pro- taken into account the relevant provi- gram the vessel is using, including a sions of the ISPS Code, part B, and vessel specific security assessment re- that the vessel is provided with an ap- port generated under the Alternative proved security plan. Security Program, as specified in (2) Vessels not subject to SOLAS § 101.120(b)(3) of this subchapter, and a Chapter XI–1 or Chapter XI–2, may letter signed by the vessel owner or op- comply with this part through an Al- erator, stating which Alternative Secu- ternative Security Program or a bilat- rity Program the vessel is using and eral arrangement approved by the certifying that the vessel is in full Coast Guard. If not complying with an compliance with that program; or approved Alternative Security Pro- (4) For foreign vessels, subject to the gram or bilateral arrangement, these International Convention for Safety of vessels must meet the requirements of Life at Sea, 1974, (SOLAS), Chapter XI– paragraph (b) of this section. 1 or Chapter XI–2, a valid International (c) Persons required to obtain a TWIC Ship Security Certificate (ISSC) that under this part may enroll beginning attests to the vessel’s compliance with after the date set by the Coast Guard SOLAS Chapter XI–2 and the ISPS in a Notice to be published in the FED- Code, part A (Incorporated by ref- ERAL REGISTER. This notice will be di- erence, see § 101.115 of this subchapter) rected to all facilities and vessels with- and is issued in accordance with the in a specific COTP zone. ISPS Code, part A, section 19. As stat- (d) By April 15, 2009, vessel owners or ed in Section 9.4 of the ISPS Code, part operators subject to paragraph (b) of A requires that, in order for the ISSC this section and not excluded by to be issued, the provisions of part B of § 104.105(d) of this part must be oper- the ISPS Code need to be taken into ating in accordance with the TWIC pro- account. visions found within this part. (b) Each owner or operator of an unmanned vessel subject to this part [USCG–2003–14749, 68 FR 60513, Oct. 22, 2003, as amended by USCG–2004–18057, 69 FR 34925, must maintain the documentation de- June 23, 2004; USCG–2004–19963, 70 FR 74669, scribed in paragraphs (a)(1), (2), or (3) Dec. 16, 2005; USCG–2006–25150, 71 FR 39208, of this section. The letter required by July 12, 2006; USCG–2006–24196, 72 FR 3579, each of those paragraphs must be car- Jan. 25, 2007; 73 FR 25565, May 7, 2008] ried on board the vessel. The plan or program required by each of those § 104.120 Compliance documentation. paragraphs must not be carried on (a) Each vessel owner or operator board the vessel, but must be main- subject to this part must ensure, on or tained in a secure location. During before July 1, 2004, that copies of the scheduled inspections, the plan or pro- following documents are carried on gram must be made available to the board the vessel and are made avail- Coast Guard upon request. able to the Coast Guard upon request: (c) Each vessel owner or operator (1) The approved Vessel Security who designates a passenger or em- Plan (VSP) and any approved revisions ployee access area (as those terms are or amendments thereto, and a letter of defined in §§ 104.106 and 104.107 of this approval from the Commanding Offi- part) on their vessel must keep on cer, Marine Safety Center (MSC); board the vessel with their approved (2) The VSP submitted for approval VSP a clear, visual representation and a current acknowledgement letter (such as a vessel schematic) of where from the Commanding Officer, MSC, those designated areas fall. This need stating that the Coast Guard is cur- not be submitted to the Coast Guard rently reviewing the VSP submitted for approval until incorporated into

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the VSP at the next VSP submittal (ei- (a) The Alternative Security Pro- ther renewal or amendment), but must gram is appropriate to that class of be made available to the Coast Guard vessel; upon request. (b) The vessel is not subject to the International Convention for Safety of [USCG–2003–14749, 68 FR 39302, July 1, 2003, as Life at Sea, 1974; and amended at 68 FR 60513, Oct. 22, 2003; USCG– 2004–18057, 69 FR 34925, June 23, 2004; USCG– (c) The Alternative Security Pro- 2006–24196, 72 FR 3579, Jan. 25, 2007] gram is implemented in its entirety. [USCG–2003–14749, 68 FR 39302, July 1, 2003, as § 104.125 Noncompliance. amended at 68 FR 60513, Oct. 22, 2003] When a vessel must temporarily deviate from the requirements of this part, § 104.145 Maritime Security (MARSEC) the vessel owner or operator must no- Directive. tify the cognizant COTP, and either Each vessel owner or operator sub- suspend operations or request and reject to this part must comply with any ceive permission from the COTP to instructions contained in a MARSEC continue operating. Directive issued under § 101.405 of this subchapter. [USCG–2003–14749, 68 FR 60513, Oct. 22, 2003] § 104.150 Right to appeal. § 104.130 Waivers. Any person directly affected by a de- Any vessel owner or operator may cision or action taken under this part, apply for a waiver of any requirement by or on behalf of the Coast Guard, of this part that the owner or operator may appeal as described in § 101.420 of considers unnecessary in light of the this subchapter. nature or operating conditions of the vessel. A request for a waiver must be Subpart B—Vessel Security submitted in writing with justification to the Commandant (CG-54) at 2100 2nd Requirements St. SW., Stop 7581, Washington, DC § 104.200 Owner or operator. 20593–7581. The Commandant (CG-54) may require the vessel owner or oper- (a) Each vessel owner or operator ator to provide additional data for de- must ensure that the vessel operates in termining the validity of the requested compliance with the requirements of waiver. The Commandant (CG-54) may this part. grant, in writing, a waiver with or (b) For each vessel, the vessel owner without conditions only if the waiver or operator must: will not reduce the overall security of (1) Define the security organizational the vessel, its passengers, its crew, or structure for each vessel and provide its cargo, or facilities or ports that the all personnel exercising security duties vessel may visit. or responsibilities within that structure with the support needed to fulfill [USCG–2003–14749, 68 FR 39302, July 1, 2003, as security obligations; amended by USCG–2008–0179, 73 FR 35009, (2) Designate, in writing, by name or June 19, 2008; USCG–2010–0351, 75 FR 36282, title, a Company Security Officer June 25, 2010] (CSO), a Vessel Security Officer (VSO) for each vessel, and identify how those § 104.135 Equivalents. officers can be contacted at any time; For any measure required by this (3) Ensure personnel receive training, part, the vessel owner or operator may drills, and exercises enabling them to propose an equivalent as provided in perform their assigned security duties; § 101.130 of this subchapter. (4) Inform vessel personnel of their responsibility to apply for and main- § 104.140 Alternative Security Pro- tain a TWIC, including the deadlines grams. and methods for such applications, and A vessel owner or operator may use of their obligation to inform TSA of an Alternative Security Program as any event that would render them in- approved under § 101.120 of this sub- eligible for a TWIC, or which would in- chapter if: validate their existing TWIC;

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(5) Ensure vessel security records are report a lost, damaged, or stolen TWIC, kept; or who have applied for and not yet re- (6) Ensure that adequate coordina- ceived a TWIC, are in place; tion of security issues takes place be- (15) Ensure that cargo and vessel tween vessels and facilities; this in- stores and bunkers are handled in com- cludes the execution of a Declaration pliance with this part; of Security (DoS); (16) Ensure restricted areas, deck (7) Ensure coordination of shore areas, and areas surrounding the vessel leave, transit, or crew change-out for are monitored; vessel personnel, as well as access (17) Provide the Master, or for vessels through the facility of visitors to the on domestic routes only, the CSO, with vessel (including representatives of the following information: seafarers’ welfare and labor organiza- (i) Parties responsible for appointing tions), with facility operators in ad- vessel personnel, such as vessel man- vance of a vessel’s arrival. Vessel own- agement companies, manning agents, ers or operators may refer to treaties contractors, concessionaires (for exam- of friendship, commerce, and naviga- ple, retail sales outlets, casinos, etc.); tion between the U.S. and other na- (ii) Parties responsible for deciding tions in coordinating such leave. The the employment of the vessel, includ- text of these treaties can be found at ing time or bareboat charters or any http://www.marad.dot.gov/Programs/trea- other entity acting in such capacity; ties.html; and (8) Ensure security communication is (iii) In cases when the vessel is em- readily available; ployed under the terms of a charter (9) Ensure coordination with and im- party, the contract details of those plementation of changes in Maritime documents, including time or voyage Security (MARSEC) Level; charters; and (10) Ensure that security systems and (18) Give particular consideration to equipment are installed and main- the convenience, comfort, and personal tained; privacy of vessel personnel and their (11) Ensure that vessel access, includ- ability to maintain their effectiveness ing the embarkation of persons and over long periods; and their effects, is controlled; (19) If applicable, ensure that proto- (12) Ensure that TWIC procedures are cols consistent with § 104.267 of this implemented as set forth in this part, part, for dealing with newly hired em- including; ployees who have applied for and not (i) Ensuring that only individuals yet received a TWIC, are in place. who hold a TWIC and are authorized to [USCG–2003–14749, 68 FR 39302, July 1, 2003, as be in secure areas are permitted to es- amended by USCG–2003–14749, 68 FR 60513, cort; Oct. 22, 2003; USCG–2006–24196, 72 FR 3579, (ii) Identifying what action is to be Jan. 25, 2007] taken by an escort, or other authorized individual, should individuals under es- § 104.205 Master. cort engage in activities other than (a) Nothing in this part is intended to those for which escorted access was permit the Master to be constrained by granted; and the Company, the vessel owner or oper- (iii) Notifying vessel employees, and ator, or any other person, from taking passengers if applicable, of what parts or executing any decision which, in the of the vessel are secure areas, em- professional judgment of the Master, is ployee access areas, and passenger ac- necessary to maintain the safety and cess areas, as applicable, and ensuring security of the vessel. This includes de- such areas are clearly marked. nial of access to persons—except those (13) Ensure that restricted areas are identified as duly authorized by the controlled and TWIC provisions are co- cognizant government authority—or ordinated, if applied to such restricted their effects, and refusal to load cargo, areas; including containers or other closed (14) Ensure that protocols consistent cargo transport units. with § 104.265(c) of this part, for dealing (b) If, in the professional judgment of with individuals requiring access who the Master, a conflict between any

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safety and security requirements appli- (b) Qualifications. (1) The CSO must cable to the vessel arises during its op- have general knowledge, through train- erations, the Master may give prece- ing or equivalent job experience, in the dence to measures intended to main- following: tain the safety of the vessel, and take (i) Security administration and orga- such temporary security measures as nization of the company’s vessel(s); seem best under all circumstances. In (ii) Vessel, facility, and port oper- such cases: ations relevant to that industry; (1) The Master must, as soon as prac- (iii) Vessel and facility security ticable, inform the nearest COTP. If measures, including the meaning and the vessel is on a foreign voyage, the the consequential requirements of the Master must promptly inform the different Maritime Security (MARSEC) Coast Guard via the NRC at 1–800–424– Levels; 8802, direct telephone at 202–267–2675; (iv) Emergency preparedness and re- Fax: 202–267–1322, TDD at 202–267–4477, sponse and contingency planning; or E-mail at [email protected] (v) Security equipment and systems and if subject to the jurisdiction of a and their operational limitations; foreign government, the relevant mari- (vi) Methods of conducting audits, in- time authority of that foreign govern- spection and control and monitoring ment; techniques; and (2) The temporary security measures (vii) Techniques for security training must, to the highest possible degree, be and education, including security commensurate with the prevailing measures and procedures. Maritime Security (MARSEC) Level; (2) In addition to knowledge and and training in paragraph (b)(1) of this sec- (3) The owner or operator must en- tion, the CSO must have general sure that such conflicts are resolved to knowledge through training or equiva- the satisfaction of the cognizant COTP, lent job experience in the following, as or for vessels on international voyages, appropriate: the Commandant (CG-54), and that the (i) Relevant international conven- possibility of recurrence is minimized. tions, codes, and recommendations; [USCG–2003–14749, 68 FR 39302, July 1, 2003, as (ii) Relevant government legislation amended at 68 FR 60513, Oct. 22, 2003; USCG– and regulations; 2006–25150, 71 FR 39208, July 12, 2006; USCG– (iii) Responsibilities and functions of 2008–0179, 73 FR 35009, June 19, 2008] other security organizations; (iv) Methodology of Vessel Security § 104.210 Company Security Officer Assessment; (CSO). (v) Methods of vessel security sur- (a) General. (1) Each vessel owner or veys and inspections; operator must designate in writing a (vi) Instruction techniques for secu- CSO. rity training and education, including (2) A vessel owner or operator may security measures and procedures; designate a single CSO for all its ves- (vii) Handling sensitive security in- sels to which this part applies, or may formation and security related commu- designate more than one CSO, in which nications; case the owner or operator must clear- (viii) Knowledge of current security ly identify the vessels for which each threats and patterns; CSO is responsible. (ix) Recognition and detection of (3) A CSO may perform other duties dangerous substances and devices; within the owner or operator’s organi- (x) Recognition of characteristics and zation, including the duties of a Vessel behavioral patterns of persons who are Security Officer, provided he or she is likely to threaten security; able to perform the duties and respon- (xi) Techniques used to circumvent sibilities required of a CSO. security measures; (4) The CSO may delegate duties re- (xii) Methods of physical screening quired by this part, but remains re- and non-intrusive inspections; sponsible for the performance of those (xiii) Security drills and exercises, duties. including drills and exercises with fa- (5) The CSO must maintain a TWIC. cilities; and

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(xiv) Assessment of security drills § 104.215 Vessel Security Officer (VSO). and exercises. (a) General. (1) A VSO may perform (xv) Knowledge of TWIC require- other duties within the owner’s or op- ments erator’s organization, provided he or (c) Responsibilities. In addition to she is able to perform the duties and those responsibilities and duties speci- responsibilities required of the VSO for fied elsewhere in this part, the CSO each such vessel. must, for each vessel for which he or (2) For manned vessels, the VSO she has been designated: must be the Master or a member of the (1) Keep the vessel apprised of poten- crew. tial threats or other information rel- (3) For unmanned vessels, the VSO evant to its security; must be an employee of the company, (2) Ensure a Vessel Security Assess- and the same person may serve as the ment (VSA) is carried out; VSO for more than one unmanned ves- (3) Ensure a Vessel Security Plan sel. If a person serves as the VSO for (VSP) is developed, approved, and more than one unmanned vessel, the maintained; name of each unmanned vessel for (4) Ensure the VSP is modified when which he or she is the VSO must be necessary; listed in the Vessel Security Plan (VSP). (5) Ensure vessel security activities (4) The VSO of any unmanned barge are audited; and the VSO of any towing vessel (6) Arrange for Coast Guard inspec- interfacing with the barge must coordi- tions under 46 CFR part 2; nate and ensure the implementation of (7) Ensure the timely or prompt cor- security measures applicable to both rection of problems identified by audits vessels during the period of their inter- or inspections; face. (8) Enhance security awareness and (5) The VSO may assign security du- vigilance within the owner’s or opera- ties to other vessel personnel; however, tor’s organization; the VSO remains responsible for these (9) Ensure relevant personnel receive duties. adequate security training; (6) The VSO must maintain a TWIC. (10) Ensure communication and co- (b) Qualifications. The VSO must have operation between the vessel and the general knowledge, through training or port and facilities with which the ves- equivalent job experience, in the fol- sel interfaces; lowing: (11) Ensure consistency between secu- (1) Those items listed in § 104.210 rity requirements and safety require- (b)(1) and (b)(2) of this part; ments; (2) Vessel layout; (12) Ensure that when sister-vessel or (3) The VSP and related procedures, fleet security plans are used, the plan including scenario-based response for each vessel reflects the vessel-spe- training; cific information accurately; (4) Crowd management and control (13) Ensure compliance with an Alter- techniques; (5) Operations of security equipment native Security Program or equiva- and systems; and lents approved under this subchapter, (6) Testing and calibration of secu- if appropriate; and rity equipment and systems, and their (14) Ensure security measures give maintenance while at sea. particular consideration to the conven- (7) TWIC ience, comfort, and personal privacy of (c) Certification required. After July 1, vessel personnel and their ability to 2009, persons performing duties as VSO maintain their effectiveness over long on-board a seagoing vessel subject to periods. the International Convention on (15) Ensure the TWIC program is Standards of Training, Certification being properly implemented. and Watchkeeping for Seafarers, 1978, [USCG–2003–14749, 68 FR 39302, July 1, 2003, as as amended, must hold a valid Coast amended at 68 FR 60513, Oct. 22, 2003; USCG– Guard-issued credential with a Vessel 2006–24196, 72 FR 3580, Jan. 25, 2007] Security Officer endorsement. The

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Coast Guard will issue this endorse- training or equivalent job experience, ment only if the person meets the re- in the following areas: quirements in paragraph (d) of this sec- (i) Basic vessel layout and construction. This endorsement serves as proof tion: that the person meets the ship security (A) Understanding layout, including officer requirements of Regulation VI/5 decks, rooms and space numbering; and of the STCW. (B) Understanding of various vessel (d) Requirements for Coast Guard En- types; and working knowledge of nau- dorsement: (1) To qualify for a VSO en- tical terms and definitions, especially dorsement, a person must: those used to describe areas and parts (i) Be at least 18 years of age; of a vessel. (ii) Be able to speak and understand (ii) Shipboard organization: famili- the English language as would be rel- arity with the various departments and evant to the duties of a VSO; related functions, the titles used for (iii) Hold any valid Coast Guard- personnel, the roles and responsibil- issued credential under the regulations ities of these persons, and the chain of specified in 46 CFR Subchapter B; command. (iv) Successfully complete a Coast (iii) Shipboard safety: Guard-accepted VSO course; (A) Understanding of the importance (v) Sea Service. Fulfill one of the fol- of creating and maintaining safe work- lowing: ing and living conditions for passengers (A) Have approved sea service of not and crew alike; less than 12 months on any vessel sub- (B) General shipboard safety rules, ject to § 104.105 of this part, credited in emergency alarms and signals, and re- accordance with 46 CFR 10.205(e), 10.211, sponses to and reporting of accidents; and/or 10.213; or (C) Proper usage of protective equip- (B) Have approved sea service of not ment and general knowledge of proce- less than 6 months on any vessel sub- dures for entering enclosed spaces; ject to § 104.105 of this part, credited in accordance with 46 CFR 10.205(b), 10.211, (D) Proper usage of lifesaving equip- and/or 10.213, and have knowledge of ment and where such equipment is nor- vessel operations. mally stowed aboard various vessel (2) To qualify as a Coast Guard-ac- types; cepted course a VSO course under para- (E) Understanding of the operating graph (d)(1)(iv) of this section must re- principles of and proper use of water- quire candidates to demonstrate tight and fire screen doors; and knowledge, understanding, and pro- (F) Understanding where it is safe to ficiency in the following competencies: smoke and not safe to smoke on board (i) Maintaining and supervising the and in port. implementation of a vessel security (iv) Protection of the marine envi- plan; ronment: (ii) Assessing security risk, threat (A) Understanding of vessel person- and vulnerability; nel’s responsibility to preserve the ma- (iii) Undertaking regular inspections rine environment; and of the vessel to ensure that appropriate (B) Basic working knowledge of pol- security measures are implemented lution prevention regulations and tech- and maintained; niques. (iv) Ensuring that security equip- (v) Familiarity with key definitions, ment and systems, if any, are properly terminology, and operational practices operated, tested and calibrated; employed in the maritime industry. (v) Encouraging security awareness (4)(i) Persons meeting the criteria in and vigilance; and paragraphs (d)(4)(i)(A) and (B) of this (vi) Ensuring compliance with the section prior to the effective date of TWIC program requirements. this regulation may successfully com- (3) Candidates meeting the knowl- plete a refresher Coast Guard-accepted edge of vessel operations requirement VSO course no later than July 1, 2009, under paragraph (d)(1)(v)(B) of this sec- to fulfill (d)(1)(iv) of this section. Per- tion must provide evidence through sons must have:

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(A) At least six months of VSO expe- (6) Ensure security awareness and rience during the preceding three vigilance on board the vessel; years; or (7) Ensure adequate security training (B) Successfully completed a VSO for vessel personnel; course that was not approved by the (8) Ensure the reporting and record- Maritime Administration (MARAD) on ing of all security incidents; behalf of the Coast Guard. Maritime (9) Ensure the coordinated implemen- Administration approves VSO courses tation of the VSP with the CSO and under section 109 of the Maritime the relevant Facility Security Officer, Transportation Security Act of 2002, when applicable; Public Law 107–295. (10) Ensure security equipment is (ii) To be eligible to take a refresher properly operated, tested, calibrated Coast Guard-accepted VSO course, a and maintained; and person must present to the course pro- (11) Ensure consistency between secu- vider documentary evidence that he or rity requirements and the proper treat- she meets the criteria in (d)(4)(i) of this ment of vessel personnel affected by section. those requirements. (5) Vessel Security Officer courses (12) Ensure TWIC programs are in meeting the training requirements in place and implemented appropriately. paragraphs (d)(2) and (d)(4) of this sec- [USCG–2003–14749, 68 FR 39302, July 1, 2003, as tion are subject to Coast Guard accept- amended at 68 FR 60513, Oct. 22, 2003; USCG– ance under 46 CFR 10.309(a)(10)(ii). 2006–24196, 72 FR 3580, Jan. 25, 2007; USCG– (6) Vessel Security Officer courses 2008–0028, 73 FR 29070, May 20, 2008; 73 FR approved by MARAD on behalf of the 34191, June 17, 2008] Coast Guard under section 109 of the § 104.220 Company or vessel personnel Maritime Transportation Security Act with security duties. of 2002, Public Law 107–295 will be accepted by the Coast Guard under 46 Company and vessel personnel re- CFR 10.309 as meeting the require- sponsible for security duties must ments of paragraphs (d)(1)(iv) and (d)(2) maintain a TWIC, and must have of this section. knowledge, through training or equivalent job experience, in the following, as (7) Persons who hold a valid ‘‘Vessel appropriate: Security Officer’’ endorsement may (a) Knowledge of current security serve as vessel or company personnel threats and patterns; with security duties (33 CFR 104.220), (b) Recognition and detection of dan- and as all other vessel personnel (33 gerous substances and devices; CFR 104.225), without meeting any ad- (c) Recognition of characteristics and ditional requirements. behavioral patterns of persons who are (e) Responsibilities. In addition to likely to threaten security; those responsibilities and duties speci- (d) Techniques used to circumvent se- fied elsewhere in this part, the VSO curity measures; must, for each vessel for which he or (e) Crowd management and control she has been designated: techniques; (1) Regularly inspect the vessel to en- (f) Security related communications; sure that security measures are main- (g) Knowledge of emergency proce- tained; dures and contingency plans; (2) Ensure maintenance and super- (h) Operation of security equipment vision of the implementation of the and systems; VSP, and any amendments to the VSP; (i) Testing and calibration of security (3) Ensure the coordination and han- equipment and systems, and their dling of cargo and vessel stores and maintenance while at sea; bunkers in compliance with this part; (j) Inspection, control, and moni- (4) Propose modifications to the VSP toring techniques; to the Company Security Officer (CSO); (k) Relevant provisions of the Vessel (5) Ensure that any problems identi- Security Plan (VSP); fied during audits or inspections are re- (l) Methods of physical screening of ported to the CSO, and promptly imple- persons, personal effects, baggage, ment any corrective actions; cargo, and vessel stores; and

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(m) The meaning and the consequen- ducted at least every 3 months, except tial requirements of the different Mari- when a vessel is out of service due to time Security (MARSEC) Levels. repairs or seasonal suspension of oper- (n) Relevant aspects of the TWIC pro- ation provided that in such cases a gram and how to carry them out. drill must be conducted within one [USCG–2003–14749, 68 FR 39302, July 1, 2003, as week of the vessel’s reactivation. Secu- amended by USCG–2006–24196, 72 FR 3580, rity drills may be held in conjunction Jan. 25, 2007] with non-security drills where appropriate. § 104.225 Security training for all (2) Drills must test individual ele- other vessel personnel. ments of the VSP, including response All other vessel personnel, including to security threats and incidents. contractors, whether part-time, full- Drills should take into account the time, temporary, or permanent, must types of operations of the vessel, vessel have knowledge of, through training or personnel changes, and other relevant equivalent job experience in the fol- circumstances. Examples of drills in- lowing, as appropriate: clude unauthorized entry to a re- (a) Relevant provisions of the Vessel stricted area, response to alarms, and Security Plan (VSP); notification of law enforcement au- (b) The meaning and the consequen- thorities. tial requirements of the different Mari- (3) If the vessel is moored at a facil- time Security (MARSEC) Levels, in- ity on the date the facility has planned cluding emergency procedures and con- to conduct any drills, the vessel may, tingency plans; but is not required to, participate in (c) Recognition and detection of dan- the facility’s scheduled drill. gerous substances and devices; (4) Drills must be conducted within (d) Recognition of characteristics and one week from whenever the percent- behavioral patterns of persons who are age of vessel personnel with no prior likely to threaten security; and participation in a vessel security drill (e) Techniques used to circumvent se- on that vessel exceeds 25 percent. curity measures. (5) Not withstanding paragraph (b)(4) (f) Relevant aspects of the TWIC proof this section, vessels not subject to gram and how to carry them out. SOLAS may conduct drills within 1 [USCG–2003–14749, 68 FR 39302, July 1, 2003, as week from whenever the percentage of amended at 68 FR 60513, Oct. 22, 2003; USCG– vessel personnel with no prior partici- 2006–24196, 72 FR 3580, Jan. 25, 2007] pation in a vessel security drill on a vessel of similar design and owned or § 104.230 Drill and exercise requirements. operated by the same company exceeds 25 percent. (a) General. (1) Drills and exercises (c) Exercises. (1) Exercises must be must test the proficiency of vessel per- conducted at least once each calendar sonnel in assigned security duties at year, with no more than 18 months be- all Maritime Security (MARSEC) Lev- tween exercises. els and the effective implementation of (2) Exercises may be: the Vessel Security Plan (VSP). They must enable the Vessel Security Offi- (i) Full scale or live; cer (VSO) to identify any related secu- (ii) Tabletop simulation or seminar; rity deficiencies that need to be ad- (iii) Combined with other appropriate dressed. exercises; or (2) A drill or exercise required by this (iv) A combination of the elements in section may be satisfied with the im- paragraphs (c)(2)(i) through (iii) of this plementation of security measures re- section. quired by the Vessel Security Plan as (3) Exercises may be vessel-specific the result of an increase in the or part of a cooperative exercise pro- MARSEC Level, provided the vessel re- gram to exercise applicable facility and ports attainment to the cognizant vessel security plans or comprehensive COTP. port exercises. (b) Drills. (1) The VSO must ensure (4) Each exercise must test commu- that at least one security drill is con- nication and notification procedures,

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and elements of coordination, resource whom it was reported, and description availability, and response. of the response; (5) Exercises are a full test of the se- (7) Declaration of Security (DoS). curity program and must include the Manned vessels must keep on board a substantial and active participation of copy of the last 10 DoSs and a copy of relevant company and vessel security each continuing DoS for at least 90 personnel, and may include facility se- days after the end of its effective pe- curity personnel and government au- riod; and thorities depending on the scope and (8) Annual audit of the VSP. For each the nature of the exercises. annual audit, a letter certified by the Company Security Officer or the VSO [USCG–2003–14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003] stating the date the audit was completed. § 104.235 Vessel recordkeeping re- (c) Any records required by this part quirements. must be protected from unauthorized (a) Unless otherwise specified in this access or disclosure. section, the Vessel Security Officer [USCG–2003–14749, 68 FR 39302, July 1, 2003, as must keep records of the activities as amended at 68 FR 60514, Oct. 22, 2003] set out in paragraph (b) of this section for at least 2 years and make them § 104.240 Maritime Security (MARSEC) available to the Coast Guard upon re- Level coordination and implemen- quest. tation. (b) Records required by this section (a) The vessel owner or operator may be kept in electronic format. If must ensure that, prior to entering a kept in an electronic format, they port or visiting an Outer Continental must be protected against unauthor- Shelf (OCS) facility, all measures are ized deletion, destruction, or amend- taken that are specified in the Vessel ment. The following records must be Security Plan (VSP) for compliance kept: with the MARSEC Level in effect for (1) Training. For training under the port or the OCS facility. § 104.225, the date of each session, dura- (b) When notified of an increase in tion of session, a description of the the MARSEC Level, the vessel owner training, and a list of attendees; or operator must ensure: (2) Drills and exercises. For each drill (1) If a higher MARSEC Level is set or exercise, the date held, description for the port in which the vessel is lo- of drill or exercise, list of participants; cated or is about to enter, the vessel and any best practices or lessons complies, without undue delay, with all learned which may improve the Vessel measures specified in the VSP for com- Security Plan (VSP); pliance with that higher MARSEC (3) Incidents and breaches of security. Level; Date and time of occurrence, location (2) The COTP is notified as required within the port, location within the by § 101.300(c) when compliance with vessel, description of incident or the higher MARSEC Level has been im- breaches, to whom it was reported, and plemented; description of the response; (3) For vessels in port, that compli- (4) Changes in Maritime Security ance with the higher MARSEC Level (MARSEC) Levels. Date and time of no- has taken place within 12 hours of the tification received, and time of compli- notification; and ance with additional requirements; (4) If a higher MARSEC Level is set (5) Maintenance, calibration, and test- for the OCS facility with which the ing of security equipment. For each oc- vessel is interfacing or is about to currence of maintenance, calibration, visit, the vessel complies, without and testing, the date and time, and the undue delay, with all measures speci- specific security equipment involved; fied in the VSP for compliance with (6) Security threats. Date and time of that higher MARSEC Level. occurrence, how the threat was com- (c) For MARSEC Levels 2 and 3, the municated, who received or identified Vessel Security Officer must brief all the threat, description of threat, to vessel personnel of identified threats,

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emphasize reporting procedures, and procedures for interfacing with those stress the need for increased vigilance. ports and facilities are established. (d) An owner or operator whose vessel is not in compliance with the re- § 104.255 Declaration of Security quirements of this section must inform (DoS). the COTP and obtain approval prior to (a) Each vessel owner or operator entering any port, prior to interfacing must ensure procedures are established with another vessel or with a facility for requesting a DoS and for handling or to continuing operations. DoS requests from a facility or other (e) For MARSEC Level 3, in addition vessel. to the requirements in this part, a ves- (b) At MARSEC Level 1, the Master sel owner or operator may be required or Vessel Security Officer (VSO), or to implement additional measures, their designated representative, of any pursuant to 33 CFR part 6, 160 or 165, as cruise ship or manned vessel carrying appropriate, which may include but are Certain Dangerous Cargoes, in bulk, not limited to: must complete and sign a DoS with the (1) Arrangements to ensure that the VSO or Facility Security Officer vessel can be towed or moved if deemed (FSO), or their designated representa- necessary by the Coast Guard; tive, of any vessel or facility with (2) Use of waterborne security patrol; which it interfaces. (3) Use of armed security personnel (1) For a vessel-to-facility interface, to control access to the vessel and to prior to arrival of a vessel to a facility, deter, to the maximum extent prac- the FSO and Master, VSO, or their des- tical, a TSI; or ignated representatives must coordi- (4) Screening the vessel for the pres- nate security needs and procedures, ence of dangerous substances and de- and agree upon the contents of the DoS vices underwater or other threats. for the period of time the vessel is at the facility. Upon a vessel’s arrival to [USCG–2003–14749, 68 FR 39302, July 1, 2003, as a facility and prior to any passenger amended at 68 FR 60514, Oct. 22, 2003] embarkation or disembarkation or cargo transfer operation, the FSO or § 104.245 Communications. Master, VSO, or designated representa- (a) The Vessel Security Officer must tives must sign the written DoS. have a means to effectively notify ves- (2) For a vessel engaging in a vessel- sel personnel of changes in security to-vessel activity, prior to the activity, conditions on board the vessel. the respective Masters, VSOs, or their (b) Communications systems and pro- designated representatives must co- cedures must allow effective and con- ordinate security needs and procedures, tinuous communication between the and agree upon the contents of the DoS vessel security personnel, facilities for the period of the vessel-to-vessel interfacing with the vessel, vessels activity. Upon the vessel-to-vessel ac- interfacing with the vessel, and na- tivity and prior to any passenger em- tional or local authorities with secu- barkation or disembarkation or cargo rity responsibilities. transfer operation, the respective Mas- (c) Communication systems and pro- ters, VSOs, or designated representa- cedures must enable vessel personnel tives must sign the written DoS. to notify, in a timely manner, shore (c) At MARSEC Levels 2 and 3, the side authorities or other vessels of a se- Master, VSO, or designated representa- curity threat or incident on board. tive of any manned vessel required to comply with this part must coordinate § 104.250 Procedures for interfacing security needs and procedures, and with facilities and other vessels. agree upon the contents of the DoS for (a) The vessel owner or operator the period of the vessel-to-vessel activ- must ensure that there are measures ity. Upon the vessel-to-vessel activity for interfacing with facilities and other and prior to any passenger embar- vessels at all MARSEC Levels. kation or disembarkation or cargo (b) For each U.S. flag vessel that transfer operation, the respective Mas- calls on foreign ports or facilities, the ters, VSOs, or designated representa- vessel owner or operator must ensure tives must sign the written DoS.

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(d) At MARSEC Levels 2 and 3, the § 104.265 Security measures for access Master, VSO, or designated representa- control. tive of any manned vessel required to (a) General. The vessel owner or oper- comply with this part must coordinate ator must ensure the implementation security needs and procedures, and of security measures to: agree upon the contents of the DoS for (1) Deter the unauthorized introduc- the period the vessel is at the facility. tion of dangerous substances and de- Upon the vessel’s arrival to a facility vices, including any device intended to and prior to any passenger embar- damage or destroy persons, vessels, fa- kation or disembarkation or cargo cilities, or ports; transfer operation, the respective FSO (2) Secure dangerous substances and and Master, VSO, or designated rep- devices that are authorized by the resentatives must sign the written owner or operator to be on board; DoS. (3) Control access to the vessel; and (e) At MARSEC Levels 1 and 2, VSOs (4) Prevent an unescorted individual of vessels that frequently interface from entering an area of the vessel with the same facility may implement that is designated as a secure area un- a continuing DoS for multiple visits, less the individual holds a duly issued provided that: TWIC and is authorized to be in the (1) The DoS is valid for the specific area. MARSEC Level; (b) The vessel owner or operator must ensure that the following are (2) The effective period at MARSEC specified: Level 1 does not exceed 90 days; and (1) The locations providing means of (3) The effective period at MARSEC access to the vessel where access re- Level 2 does not exceed 30 days. strictions or prohibitions are applied (f) When the MARSEC Level infor each Maritime Security (MARSEC) creases beyond the level contained in Level, including those points where the DoS, the continuing DoS becomes TWIC access control provisions will be void and a new DoS must be signed and applied. ‘‘Means of access’’ include, but implemented in accordance with this are not limited, to all: section. (i) Access ladders; (g) The COTP may require at any (ii) Access gangways; time, at any MARSEC Level, any (iii) Access ramps; manned vessel subject to this part to (iv) Access doors, side scuttles, win- implement a DoS with the VSO or FSO dows, and ports; prior to any vessel-to-vessel activity or (v) Mooring lines and anchor chains; vessel-to-facility interface when he or and she deems it necessary. (vi) Cranes and hoisting gear; (2) The identification of the types of [USCG–2003–14749, 68 FR 39302, July 1, 2003, as restriction or prohibition to be applied amended at 68 FR 60514, Oct. 22, 2003] and the means of enforcing them; § 104.260 Security systems and equip- (3) The means used to establish the ment maintenance. identity of individuals not in possession of a TWIC and procedures for es- (a) Security systems and equipment corting, in accordance with § 101.515 of must be in good working order and in- this subchapter; and spected, tested, calibrated and main- (4) Procedures for identifying author- tained according to the manufacturer’s ized and unauthorized persons at any recommendation. MARSEC level. (b) The results of testing completed (c) The vessel owner or operator must under paragraph (a) of this section ensure that a TWIC program is imple- shall be recorded in accordance with mented as follows: § 104.235. Any deficiencies shall be (1) All persons seeking unescorted ac- promptly corrected. cess to secure areas must present their (c) The Vessel Security Plan (VSP) TWIC for inspection before being al- must include procedures for identifying lowed unescorted access, in accordance and responding to security system and with § 101.514 of this subchapter. Inspec- equipment failures or malfunctions. tion must include:

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(i) A match of the photo on the TWIC quency of application of any security to the individual presenting the TWIC; measures for access control, particu- (ii) Verification that the TWIC has larly if these security measures are ap- not expired; and plied on a random or occasional basis. (iii) A visual check of the various se- (f) MARSEC Level 1. The vessel owner curity features present on the card to or operator must ensure security meas- determine whether the TWIC has been ures in this paragraph are implemented tampered with or forged. to: (2) If an individual cannot present a (1) Employ TWIC as set out in para- TWIC because it has been lost, dam- graph (c) of this section. aged or stolen, and he or she has pre- (2) Screen persons, baggage (includ- viously been granted unescorted access ing carry-on items), personal effects, to the vessel and is known to have had and vehicles for dangerous substances a valid TWIC, the individual may be and devices at the rate specified in the given unescorted access to secure areas approved VSP, except for government- for a period of no longer than seven owned vehicles on official business consecutive calendar days provided when government personnel present that: identification credentials for entry; (i) The individual has reported the (3) Conspicuously post signs that de- TWIC as lost, damaged, or stolen to scribe security measures currently in TSA as required in 49 CFR 1572.19(f); effect and clearly state that: (ii) The individual can present an- (i) Boarding the vessel is deemed other identification credential that valid consent to screening or inspec- meets the requirements of § 101.515 of tion; and this subchapter; and (ii) Failure to consent or submit to (iii) There are no other suspicious screening or inspection will result in circumstances associated with the indi- denial or revocation of authorization vidual’s claim of loss or theft. to board; (3) If an individual cannot present his (4) Check the identification of any or her TWIC for any other reason than person not holding a TWIC and seeking outlined in paragraph (2) of this sec- to board the vessel, including vessel tion, he or she may not be granted passengers, vendors, personnel duly au- unescorted access to the secure area. thorized by the cognizant government The individual must be under escort, as authorities, and visitors. This check that term is defined in part 101 of this includes confirming the reason for subchapter, at all times when inside a boarding by examining at least one of secure area. the following: (4) With the exception of persons (i) Joining instructions; granted access according to paragraph (2) of this section, all persons granted (ii) Passenger tickets; unescorted access to secure areas of (iii) Boarding passes; the vessel must be able to produce his (iv) Work orders, pilot orders, or sur- or her TWIC upon request. veyor orders; (5) There must be disciplinary meas- (v) Government identification; or ures in place to prevent fraud and (vi) Visitor badges issued in accord- abuse. ance with an identification system im- (6) The vessel’s TWIC program should plemented under paragraph (d) of this be coordinated, when practicable, with section. identification and TWIC access control (5) Deny or revoke a person’s author- measures of facilities or other trans- ization to be on board if the person is portation conveyances that interface unable or unwilling, upon the request with the vessel. of vessel personnel or a law enforce- (d) If the vessel owner or operator ment officer, to establish his or her uses a separate identification system, identity in accordance with this part ensure that it complies and is coordi- or to account for his or her presence on nated with TWIC provisions in this board. Any such incident must be re- part. ported in compliance with this part; (e) The vessel owner or operator must (6) Deter unauthorized access to the establish in the approved VSP the fre- vessel;

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(7) Identify access points that must on official business when government be secured or attended to deter unau- personnel present identification cre- thorized access; dentials for entry; (8) Lock or otherwise prevent access (2) X-ray screening of all unaccom- to unattended spaces that adjoin areas panied baggage; to which passengers and visitors have (3) Assigning additional personnel to access; patrol deck areas during periods of re- (9) Provide a designated area on duced vessel operations to deter unau- board, within the secure area, or in li- thorized access; aison with a facility, for conducting in- (4) Limiting the number of access spections and screening of people, bag- points to the vessel by closing and se- gage (including carry-on items), per- curing some access points; sonal effects, vehicles and the vehicle’s (5) Denying access to visitors who do contents; not have a verified destination; (10) Ensure vessel personnel are not (6) Deterring waterside access to the subjected to screening, of the person or vessel, which may include, in liaison of personal effects, by other vessel per- with the facility, providing boat pa- sonnel, unless security clearly requires trols; and it; (7) Establishing a restricted area on (11) Conduct screening in a way that the shore side of the vessel, in close co- takes into full account individual operation with the facility. human rights and preserves the indi- (h) MARSEC Level 3. In addition to vidual’s basic human dignity; the security measures required for (12) Ensure the screening of all unac- MARSEC Level 1 and MARSEC Level 2, companied baggage; the vessel owner or operator must en- (13) Ensure checked persons and their sure the implementation of additional personal effects are segregated from security measures, as specified for unchecked persons and their personal MARSEC Level 3 in the approved VSP. effects; The additional security measures may (14) Ensure embarking passengers are include: segregated from disembarking passengers; (1) Screening all persons, baggage, (15) Ensure, in liaison with the facil- and personal effects for dangerous sub- ity, a defined percentage of vehicles to stances and devices; be loaded aboard passenger vessels are (2) Performing one or more of the fol- screened prior to loading at the rate lowing on unaccompanied baggage: specified in the approved VSP; (i) Screen unaccompanied baggage (16) Ensure, in liaison with the facil- more extensively, for example, x- ity, all unaccompanied vehicles to be raying from two or more angles; loaded on passenger vessels are (ii) Prepare to restrict or suspend screened prior to loading; and handling unaccompanied baggage; or (17) Respond to the presence of unau- (iii) Refuse to accept unaccompanied thorized persons on board, including re- baggage on board; pelling unauthorized boarders. (3) Being prepared to cooperate with (g) MARSEC Level 2. In addition to responders and facilities; the security measures required for (4) Limiting access to the vessel to a MARSEC Level 1 in this section, at single, controlled access point; MARSEC Level 2, the vessel owner or (5) Granting access to only those re- operator must ensure the implementa- sponding to the security incident or tion of additional security measures, as threat thereof; specified for MARSEC Level 2 in the (6) Suspending embarkation and/or approved VSP. These additional secu- disembarkation of personnel; rity measures may include: (7) Suspending cargo operations; (1) Increasing the frequency and de- (8) Evacuating the vessel; tail of screening of people, personal ef- (9) Moving the vessel; or fects, and vehicles being embarked or (10) Preparing for a full or partial loaded onto the vessel as specified for search of the vessel. MARSEC Level 2 in the approved VSP, except for government-owned vehicles [USCG–2006–24196, 72 FR 3580, Jan. 25, 2007]

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§ 104.267 Security measures for newly formed by the cognizant COTP that the hired employees. new hire poses a security threat; and (a) Newly-hired vessel employees (5) There would be an adverse impact may be granted entry to secure areas to vessel operations if the new hire is of the vessel for up to 30 consecutive not allowed access. calendar days prior to receiving their (c) This section does not apply to any TWIC provided all of the requirements individual being hired as a Company in paragraph (b) of this section are Security Officer (CSO) or VSO, or any met, and provided that the new hire is individual being hired to perform ves- accompanied by an individual with a sel security duties. TWIC while within the secure areas of (d) The new hire may not begin work- the vessel. If TSA does not act upon a ing on board the vessel under the provi- TWIC application within 30 days, the sions of this section until the owner, cognizant Coast Guard COTP may fur- operator, or VSO receives notification, ther extend access to secure areas for via Homeport or some other means, the another 30 days. The Coast Guard will new hire has passed an initial name determine whether, in particular cir- check. cumstances, certain practices meet the [USCG–2006–24196, 72 FR 3581, Jan. 25, 2007] condition of a new hire being accompanied by another individual with a § 104.270 Security measures for re- TWIC. The Coast Guard will issue guid- stricted areas. ance for use in making these deter- (a) General. The vessel owner or oper- minations. ator must ensure the designation of re- (b) Newly-hired vessel employees stricted areas in order to: may be granted the access provided for (1) Prevent or deter unauthorized ac- in paragraph (a) of this section only if: cess; (1) The new hire has applied for a (2) Protect persons authorized to be TWIC in accordance with 49 CFR part on board; 1572 by completing the full enrollment process, paying the user fee, and is not (3) Protect the vessel; currently engaged in a waiver or appeal (4) Protect sensitive security areas process. The vessel owner or operator within the vessel; or Vessel Security Officer (VSO) must (5) Protect security and surveillance have the new hire sign a statement af- equipment and systems; and firming this, and must retain the (6) Protect cargo and vessel stores signed statement until the new hire re- from tampering. ceives a TWIC; (b) Designation of Restricted Areas. The (2) The vessel owner or operator or vessel owner or operator must ensure the VSO enters the following informa- restricted areas are designated on tion on the new hire into the Coast board the vessel, as specified in the ap- Guard’s Homeport website (http://home- proved plan. Restricted areas must in- port.uscg.mil): clude, as appropriate: (i) Full legal name, including middle (1) Navigation bridge, machinery name if one exists; spaces and other control stations; (ii) Date of birth; (2) Spaces containing security and (iii) Social security number (op- surveillance equipment and systems tional); and their controls and lighting system (iv) Employer name and 24 hour con- controls; tact information; and (3) Ventilation and air-conditioning (v) Date of TWIC enrollment; systems and other similar spaces; (3) The new hire presents an identi- (4) Spaces with access to potable fication credential that meets the re- water tanks, pumps, or manifolds; quirements of § 101.515 of this sub- (5) Spaces containing dangerous chapter; goods or hazardous substances; (4) There are no other circumstances (6) Spaces containing cargo pumps that would cause reasonable suspicion and their controls; regarding the new hire’s ability to ob- (7) Cargo spaces and spaces contain a TWIC, and the vessel owner or taining vessel stores; operator or VSO have not been in- (8) Crew accommodations; and

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(9) Any other spaces or areas vital to MARSEC Level 1 and MARSEC Level 2, the security of the vessel. at MARSEC Level 3, the vessel owner (c) The vessel owner or operator must or operator must ensure the implemen- ensure that security measures and poli- tation of additional security measures, cies are established to: as specified for MARSEC Level 3 in the (1) Identify which vessel personnel approved VSP. These additional secu- are authorized to have access; rity measures may include: (2) Determine which persons other (1) Restricting access to additional than vessel personnel are authorized to areas; and have access; (2) Searching restricted areas as part (3) Determine the conditions under of a security sweep of the vessel. which that access may take place; (4) Define the extent of any restricted § 104.275 Security measures for han- area; dling cargo. (5) Define the times when access re- (a) General. The vessel owner or oper- strictions apply; and ator must ensure that security meas- (6) Clearly mark all restricted areas ures relating to cargo handling, some and indicate that access to the area is of which may have to be applied in liai- restricted and that unauthorized pres- son with the facility or another vessel, ence within the area constitutes a are specified in order to: breach of security. (1) Deter tampering; (d) Maritime Security (MARSEC) Level (2) Prevent cargo that is not meant 1. The vessel owner or operator must for carriage from being accepted and ensure the implementation of security stored on board the vessel; measures to prevent unauthorized ac- (3) Identify cargo that is approved for cess or activities within the area. loading onto the vessel; These security measures may include: (4) Include inventory control proce- (1) Locking or securing access points; dures at access points to the vessel; (2) Monitoring and using surveillance and equipment; (5) When there are regular or re- (3) Using guards or patrols; and peated cargo operations with the same (4) Using automatic intrusion detec- shipper, coordinate security measures tion devices, which if used must acti- with the shipper or other responsible vate an audible and/or visual alarm at party in accordance with an estab- a location that is continuously at- lished agreement and procedures. tended or monitored, to alert vessel (b) Maritime Security (MARSEC) Level personnel to unauthorized access. 1. At MARSEC Level 1, the vessel (e) MARSEC Level 2. In addition to owner or operator must ensure the im- the security measures required for plementation of measures to: MARSEC Level 1 in this section, at (1) Unless unsafe to do so, routinely MARSEC Level 2, the vessel owner or check cargo and cargo spaces prior to operator must also ensure the imple- and during cargo handling for evidence mentation of additional security meas- of tampering; ures, as specified for MARSEC Level 2 (2) Check that cargo to be loaded in the approved VSP. These additional matches the cargo documentation, or security measures may include: that cargo markings or container num- (1) Increasing the frequency and in- bers match the information provided tensity of monitoring and access con- with shipping documents; trols on existing restricted access (3) Ensure, in liaison with the facil- areas; ity, that vehicles to be loaded on board (2) Restricting access to areas adja- car carriers, RO-RO, and passenger cent to access points; ships are subjected to screening prior (3) Providing continuous monitoring to loading, in accordance with the fre- of each area, using surveillance equip- quency required in the VSP; and ment; and (4) Check, in liaison with the facility, (4) Dedicating additional personnel seals or other methods used to prevent to guard or patrol each area. tampering. (f) MARSEC Level 3. In addition to the (c) MARSEC Level 2. In addition to security measures required for the security measures required for

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MARSEC Level 1 in this section, at (4) Prevent vessel stores and bunkers MARSEC Level 2, the vessel owner or from being accepted unless ordered. operator must also ensure the imple- For vessels that routinely use a facil- mentation of additional security meas- ity, a vessel owner or operator may es- ures, as specified for MARSEC Level 2 tablish and implement standing ar- in the approved Vessel Security Plan rangements between the vessel, its sup- (VSP). These additional security meas- pliers, and a facility regarding notifi- ures may include: cation and the timing of deliveries and (1) Increasing the frequency and de- their documentation. tail of checking cargo and cargo spaces (b) Maritime Security (MARSEC) Level for evidence of tampering; 1. At MARSEC Level 1, the vessel (2) Intensifying checks to ensure that owner or operator must ensure the im- only the intended cargo, container, or plementation of measures to: other cargo transport units are loaded; (1) Check vessel stores before being (3) Intensifying screening of vehicles accepted; to be loaded on car-carriers, RO-RO, (2) Check that vessel stores and and passenger vessels; bunkers match the order prior to being (4) In liaison with the facility, in- brought on board or being bunkered; creasing frequency and detail in check- and ing seals or other methods used to pre- (3) Ensure that vessel stores are con- vent tampering; trolled or immediately and securely (5) Increasing the frequency and in- stowed following delivery. tensity of visual and physical inspec- (c) MARSEC Level 2. In addition to tions; or the security measures required for (6) Coordinating enhanced security MARSEC Level 1 in this section, at measures with the shipper or other re- MARSEC Level 2, the vessel owner or sponsible party in accordance with an operator must also ensure the imple- established agreement and procedures. mentation of additional security meas- (d) MARSEC Level 3. In addition to ures, as specified for MARSEC Level 2 the security measures for MARSEC in the approved Vessel Security Plan Level 1 and MARSEC Level 2, at (VSP). These additional security meas- MARSEC Level 3, the vessel owner or ures may include: operator must ensure the implementa- (1) Intensifying inspection of the ves- tion of additional security measures, as sel stores during delivery; or specified for MARSEC Level 3 in the (2) Checking vessel stores prior to re- approved VSP. These additional secu- ceiving them on board. rity measures may include: (d) MARSEC Level 3. In addition to (1) Suspending loading or unloading the security measures for MARSEC of cargo; Level 1 and MARSEC Level 2, at (2) Being prepared to cooperate with MARSEC Level 3, the vessel owner or responders, facilities, and other ves- operator must ensure the implementa- sels; or tion of additional security measures, as (3) Verifying the inventory and loca- specified for MARSEC Level 3 in the tion of any hazardous materials carried approved VSP. These additional secu- on board. rity measures may include: [USCG–2003–14749, 68 FR 39302, July 1, 2003, as (1) Checking all vessel stores more amended at 68 FR 60514, Oct. 22, 2003] extensively; (2) Restricting or suspending delivery § 104.280 Security measures for deliv- of vessel stores and bunkers; or ery of vessel stores and bunkers. (3) Refusing to accept vessel stores (a) General. The vessel owner or oper- on board. ator must ensure that security measures relating to the delivery of vessel § 104.285 Security measures for moni- stores and bunkers are implemented to: toring. (1) Check vessel stores for package (a) General. (1) The vessel owner or integrity; operator must ensure the implementa- (2) Prevent vessel stores from being tion of security measures and have the accepted without inspection; capability to continuously monitor, (3) Deter tampering; and through a combination of lighting,

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watchkeepers, security guards, deck operator must also ensure the imple- watches, waterborne patrols, auto- mentation of additional security meas- matic intrusion-detection devices, or ures, as specified for MARSEC Level 2 surveillance equipment, as specified in in the approved VSP. These additional their approved Vessel Security Plan security measures may include: (VSP), the— (1) Increasing the frequency and de- (i) Vessel; tail of security patrols; (ii) Restricted areas on board the ves- (2) Increasing the coverage and inten- sel; and sity of lighting, alone or in coordina- (iii) Area surrounding the vessel. tion with the facility; (2) The following must be considered (3) Using or increasing the use of se- when establishing the appropriate level curity and surveillance equipment; and location of lighting: (4) Assigning additional personnel as (i) Vessel personnel should be able to security lookouts; detect activities on and around the ves- (5) Coordinating with boat patrols, sel, on both the shore side and the wa- when provided; and terside; (6) Coordinating with shoreside foot (ii) Coverage should facilitate per- or vehicle patrols, when provided. sonnel identification at access points; (d) MARSEC Level 3. In addition to (iii) Coverage may be provided the security measures for MARSEC through coordination with the port or Level 1 and MARSEC Level 2, at facility; and MARSEC Level 3, the vessel owner or (iv) Lighting effects, such as glare, operator must ensure the implementa- and its impact on safety, navigation, tion of additional security measures, as and other security activities. specified for MARSEC Level 3 in the (b) Maritime Security (MARSEC) Level approved VSP. These additional secu- 1. At MARSEC Level 1, the vessel rity measures may include: owner or operator must ensure the im- (1) Cooperating with responders and plementation of security measures, facilities; which may be done in coordination (2) Switching on all lights; with a facility, to: (3) Illuminating the vicinity of the (1) Monitor the vessel, particularly vessel; vessel access points and restricted (4) Switching on all surveillance areas; equipment capable of recording activi- (2) Be able to conduct emergency ties on, or in the vicinity of, the vessel; searches of the vessel; (5) Maximizing the length of time (3) Ensure that equipment or system such surveillance equipment can con- failures or malfunctions are identified tinue to record; and corrected; (6) Preparing for underwater inspec- (4) Ensure that any automatic intru- tion of the hull; and sion detection device sets off an audi- (7) Initiating measures, including the ble or visual alarm, or both, at a loca- slow revolution of the vessel’s propel- tion that is continuously attended or lers, if practicable, to deter underwater monitored; access to the hull of the vessel. (5) Light deck and vessel access [USCG–2003–14749, 68 FR 39302, July 1, 2003, as points during the period between sun- amended at 68 FR 60514, Oct. 22, 2003] set and sunrise and periods of limited visibility sufficiently to allow visual § 104.290 Security incident procedures. identification of persons seeking access For each Maritime Security to the vessel; and (MARSEC) Level, the vessel owner or (6) Use maximum available lighting operator must ensure the Vessel Secu- while underway, during the period be- rity Officer (VSO) and vessel security tween sunset and sunrise, consistent personnel are able to: with safety and international regula- (a) Respond to security threats or tions. breaches of security and maintain crit- (c) MARSEC Level 2. In addition to ical vessel and vessel-to-facility inter- the security measures required for face operations, to include: MARSEC Level 1 in this section, at (1) Prohibiting entry into affected MARSEC Level 2, the vessel owner or area;

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(2) Denying access to the vessel, ex- (d) Owners and operators of passenger cept to those responding to the emer- vessels and ferries covered by this part gency; that use public access facilities, as that (3) Implementing MARSEC Level 3 term is defined in § 101.105 of this sub- security measures throughout the ves- chapter, must address security meas- sel; ures for the interface of the vessel and (4) Stopping cargo-handling oper- the public access facility, in accord- ations; and ance with the appropriate Area Mari- (5) Notifying shoreside authorities or time Security Plan. other vessels of the emergency; (e) At MARSEC Level 2, a vessel (b) Evacuating the vessel in case of owner or operator must ensure, in addi- security threats or breaches of secu- tion to MARSEC Level 1 measures, the rity; implementation of the following: (c) Reporting security incidents as (1) Search selected areas prior to em- required in § 101.305; barking passengers and prior to sailing; (2) Passenger vessels certificated to (d) Briefing all vessel personnel on carry less than 2000 passengers, work- possible threats and the need for vigi- ing in coordination with the terminal, lance, soliciting their assistance in re- may be subject to additional vehicle porting suspicious persons, objects, or screening requirements in accordance activities; and with a MARSEC Directive or other or- (e) Securing non-critical operations ders issued by the Coast Guard; and in order to focus response on critical (3) As an alternative to the identi- operations. fication and screening requirements in § 104.265(f)(4) and (g)(1), intensify pa- § 104.292 Additional requirements— passenger vessels and ferries. trols, security sweeps and monitoring identified in paragraph (b) of this sec- (a) At all Maritime Security tion. (MARSEC) Levels, the vessel owner or (f) At MARSEC Level 3, a vessel operator must ensure security sweeps owner or operator may, in addition to are performed, prior to getting under- MARSEC Levels 1 and 2 measures, as way, after any period the vessel was an alternative to the identification unattended. checks and passenger screening re- (b) As an alternative to the identi- quirements in § 104.265(f)(4) and (h)(1), fication checks and passenger screen- ensure that random armed security pa- ing requirements in § 104.265 (f)(2), trols are conducted, which need not (f)(4), and (f)(9), the owner or operator consist of vessel personnel. of a passenger vessel or ferry may ensure security measures are imple- [USCG–2003–14749, 68 FR 39302, July 1, 2003, as mented that include: amended at 68 FR 60514, Oct. 22, 2003; USCG– 2008–0179, 73 FR 35009, June 19, 2008] (1) Searching selected areas prior to embarking passengers and prior to sail- § 104.295 Additional requirements— ing; and cruise ships. (2) Implementing one or more of the (a) At all MARSEC Levels, the owner following: or operator of a cruise ship must en- (i) Performing routine security pa- sure the following: trols; (1) Screen all persons, baggage, and (ii) Providing additional closed-cir- personal effects for dangerous sub- cuit television to monitor passenger stances and devices; areas; or (2) Check the identification of all (iii) Securing all non-passenger persons seeking to board the vessel; areas. this check includes confirming the rea- (c) Passenger vessels certificated to son for boarding by examining joining carry more than 2000 passengers, work- instructions, passenger tickets, boarding in coordination with the terminal, ing passes, government identification may be subject to additional vehicle or visitor badges, or work orders; screening requirements in accordance (3) Perform security patrols; and with a MARSEC Directive or other or- (4) Search selected areas prior to em- ders issued by the Coast Guard. barking passengers and prior to sailing.

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(b) At MARSEC Level 3, the owner or (d) Those involved in a VSA should operator of a cruise ship must ensure be able to draw upon expert assistance that security briefs to passengers in the following areas: about the specific threat are provided. (1) Knowledge of current security threats and patterns; § 104.297 Additional requirements— (2) Recognition and detection of dan- vessels on international voyages. gerous substances and devices; (a) An owner or operator of a U.S. (3) Recognition of characteristics and flag vessel, which is subject to the behavioral patterns of persons who are International Convention for Safety of likely to threaten security; Life at Sea, 1974, (SOLAS), must be in (4) Techniques used to circumvent se- compliance with the applicable re- curity measures; quirements of SOLAS Chapter XI–1, (5) Methods used to cause a security SOLAS Chapter XI–2 and the ISPS incident; Code, part A (Incorporated by ref- (6) Effects of dangerous substances erence, see § 101.115 of this subchapter). and devices on vessel structures and (b) Owners or operators of U.S. flag equipment; vessels that are required to comply (7) Vessel security requirements; with SOLAS, must ensure an Inter- (8) Vessel-to-vessel activity and ves- national Ship Security Certificate sel-to-facility interface business prac- (ISSC) as provided in 46 CFR § 2.01–25 is tices; obtained for the vessel. This certificate (9) Contingency planning, emergency must be issued by the Coast Guard. preparedness and response; (c) Owners or operators of vessels (10) Physical security requirements; that require an ISSC in paragraph (b) (11) Radio and telecommunications of this section must request an inspec- systems, including computer systems tion in writing, at least 30 days prior to and networks; the desired inspection date to the Offi- (12) Marine engineering; and cer in Charge, Marine Inspection for (13) Vessel and port operations. the Marine Inspection Office or Sector Office of the port where the vessel will [USCG–2003–14749, 68 FR 39302, July 1, 2003, as be inspected to verify compliance with amended at 68 FR 60515, Oct. 22, 2003] this part and applicable SOLAS re- § 104.305 Vessel Security Assessment quirements. The inspection must be (VSA) requirements. completed and the initial ISSC must be issued on or before July 1, 2004. (a) Background. The vessel owner or operator must ensure that the fol- [USCG–2003–14749, 68 FR 39302, July 1, 2003, as lowing background information is pro- amended at 68 FR 60515, Oct. 22, 2003; USCG– vided to the person or persons who will 2006–25556, 72 FR 36328, July 2, 2007] conduct the on-scene survey and assessment: Subpart C—Vessel Security (1) General layout of the vessel, in- Assessment (VSA) cluding the location of: (i) Each actual or potential point of § 104.300 General. access to the vessel and its function; (a) The Vessel Security Assessment (ii) Spaces that should have re- (VSA) is a written document that is stricted access; based on the collection of background (iii) Essential maintenance equip- information and the completion and ment; analysis of an on-scene survey. (iv) Cargo spaces and storage; (b) A single VSA may be performed (v) Storage of unaccompanied bag- and applied to more than one vessel to gage; and the extent that they share physical (vi) Vessel stores; characteristics and operations. (2) Threat assessments, including the (c) Third parties may be used in any purpose and methodology of the assess- aspect of the VSA if they have the ap- ment, for the area or areas in which propriate skills and if the Company Se- the vessel operates or at which pas- curity Officer (CSO) reviews and ac- sengers embark or disembark; cepts their work. (3) The previous VSA, if any;

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(4) Emergency and stand-by equip- (6) Monitoring deck areas and areas ment available to maintain essential surrounding the vessel; and services; (7) The ready availability of security (5) Number of vessel personnel and communications, information, and any existing security duties to which equipment. they are assigned; (c) Analysis and recommendations. In (6) Existing personnel training re- conducting the VSA, the Company Se- quirement practices of the vessel; curity Officer (CSO) must analyze the (7) Existing security and safety vessel background information and the equipment for the protection of per- on-scene survey, and while considering sonnel, visitors, passengers, and vessels the requirements of this part, provide personnel; recommendations for the security (8) Escape and evacuation routes and measures the vessel should include in assembly stations that have to be the Vessel Security Plan (VSP). This maintained to ensure the orderly and includes but is not limited to the fol- safe emergency evacuation of the ves- lowing: sel; (1) Restricted areas; (9) Existing agreements with private (2) Response procedures for fire or security companies providing water- other emergency conditions; side or vessel security services; and (3) Security supervision of vessel per- (10) Existing security measures and sonnel, passengers, visitors, vendors, procedures, including: repair technicians, dock workers, etc.; (i) Inspection and control procedures; (4) Frequency and effectiveness of se- (ii) Identification systems; curity patrols; (iii) Surveillance and monitoring (5) Access control systems, including equipment; identification systems; (iv) Personnel identification docu- (6) Security communication systems ments; and procedures; (v) Communication systems; (7) Security doors, barriers, and (vi) Alarms; lighting; (vii) Lighting; (8) Any security and surveillance (viii) Access control systems; and equipment and systems; (ix) Other security systems. (9) Possible security threats, includ- (b) On-scene survey. The vessel owner ing but not limited to: or operator must ensure that an on- (i) Damage to or destruction of the scene survey of each vessel is con- vessel or an interfacing facility or ves- ducted. The on-scene survey is to sel by dangerous substances and de- verify or collect information required vices, arson, sabotage, or vandalism; in paragraph (a) of this section. It con- (ii) Hijacking or seizure of the vessel sists of an actual survey that examines or of persons on board; and evaluates existing vessel protec- (iii) Tampering with cargo, essential tive measures, procedures, and oper- vessel equipment or systems, or vessel ations for: stores; (1) Ensuring performance of all secu- (iv) Unauthorized access or use, in- rity duties; cluding presence of stowaways; (2) Controlling access to the vessel, (v) Smuggling dangerous substances through the use of identification sys- and devices; tems or otherwise; (vi) Use of the vessel to carry those (3) Controlling the embarkation of intending to cause a security incident vessel personnel and other persons and and/or their equipment; their effects, including personal effects (vii) Use of the vessel itself as a and baggage whether accompanied or weapon or as a means to cause damage unaccompanied; or destruction; (4) Supervising the handling of cargo (viii) Attacks from seaward while at and the delivery of vessel stores; berth or at anchor; and (5) Monitoring restricted areas to en- (ix) Attacks while at sea; and sure that only authorized persons have (10) Evaluating the potential of each access; identified point of access, including

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open weather decks, for use by individ- (4) The VSA report must account for uals who might seek to breach secu- any vulnerabilities in the following rity, whether or not those individuals areas: legitimately have access to the vessel. (i) Conflicts between safety and secu- (d) VSA report. (1) The vessel owner or rity measures; operator must ensure that a written (ii) Conflicts between vessel duties VSA report is prepared and included as and security assignments; part of the VSP. The VSA report must (iii) The impact of watch-keeping du- contain: ties and risk of fatigue on vessel per- (i) A summary of how the on-scene sonnel alertness and performance; survey was conducted; (iv) Security training deficiencies; (ii) Existing security measures, pro- and cedures, and operations; (v) Security equipment and systems, including communication systems. (iii) A description of each vulner- (5) The VSA report must discuss and ability found during the assessment; evaluate key vessel measures and oper- (iv) A description of security coun- ations, including: termeasures that could be used to ad- (i) Ensuring performance of all secu- dress each vulnerability; rity duties; (v) A list of the key vessel operations (ii) Controlling access to the vessel, that are important to protect; through the use of identification sys- (vi) The likelihood of possible threats tems or otherwise; to key vessel operations; and (iii) Controlling the embarkation of (vii) A list of identified weaknesses, vessel personnel and other persons and including human factors, in the infra- their effects (including personal effects structure, policies, and procedures of and baggage whether accompanied or the vessel. unaccompanied); (2) The VSA report must address the (iv) Supervising the handling of cargo following elements on board or within and the delivery of vessel stores; the vessel: (v) Monitoring restricted areas to en- (i) Physical security; sure that only authorized persons have (ii) Structural integrity; access; (iii) Personnel protection systems; (vi) Monitoring deck areas and areas (iv) Procedural policies; surrounding the vessel; and (vii) The ready availability of secu- (v) Radio and telecommunication rity communications, information, and systems, including computer systems equipment. and networks; and (e) The VSA must be documented and (vi) Other areas that may, if damaged the VSA report retained by the vessel or used illicitly, pose a risk to people, owner or operator with the VSP. The property, or operations on board the VSA, the VSA report, and VSP must be vessel or within a facility. protected from unauthorized access or (3) The VSA report must list the per- disclosure. sons, activities, services, and operations that are important to protect, [USCG–2003–14749, 68 FR 39302, July 1, 2003, as in each of the following categories: amended at 68 FR 60515, Oct. 22, 2003] (i) Vessel personnel; § 104.310 Submission requirements. (ii) Passengers, visitors, vendors, re- (a) A completed Vessel Security As- pair technicians, facility personnel, sessment (VSA) report must be sub- etc.; mitted with the Vessel Security Plan (iii) Capacity to maintain safe navi- (VSP) required in § 104.410 of this part. gation and emergency response; (b) A vessel owner or operator may (iv) Cargo, particularly dangerous generate and submit a report that con- goods and hazardous substances; tains the VSA for more than one vessel (v) Vessel stores; subject to this part, to the extent that (vi) Any vessel security communica- they share similarities in physical tion and surveillance systems; and characteristics and operations. (vii) Any other vessel security sys- (c) The VSA must be reviewed and re- tems, if any. validated, and the VSA report must be

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updated, each time the VSP is subpart B of the ISPS Code need to be mitted for reapproval or revisions. taken into account. (c) The VSP is sensitive security in- [USCG–2003–14749, 68 FR 39302, July 1, 2003, as formation and must be protected in ac- amended at 68 FR 60515, Oct. 22, 2003] cordance with 49 CFR part 1520. (d) If the VSP is kept in an electronic Subpart D—Vessel Security Plan format, procedures must be in place to (VSP) prevent its unauthorized deletion, destruction, or amendment. § 104.400 General. [USCG–2003–14749, 68 FR 39302, July 1, 2003, as (a) The Company Security Officer amended at 68 FR 60515, Oct. 22, 2003; USCG– (CSO) must ensure a Vessel Security 2004–18057, 69 FR 34925, June 23, 2004; USCG– Plan (VSP) is developed and imple- 2007–26953, 72 FR 5931, Feb. 8, 2007; USCG– mented for each vessel. The VSP: 2010–0351, 75 FR 36282, June 25, 2010] (1) Must identify the CSO and VSO by § 104.405 Format of the Vessel Security name or position and provide 24-hour Plan (VSP). contact information; (2) Must be written in English, al- (a) A vessel owner or operator must though a translation of the VSP in the ensure that the VSP consists of the in- working language of vessel personnel dividual sections listed in this para- may also be developed; graph (a). If the VSP does not follow the order as it appears in the list, the (3) Must address each vulnerability vessel owner or operator must ensure identified in the Vessel Security As- that the VSP contains an index identi- sessment (VSA); fying the location of each of the fol- (4) Must describe security measures lowing sections: for each MARSEC Level; (1) Security organization of the ves- (5) Must state the Master’s authority sel; as described in § 104.205; and (2) Personnel training; (6) May cover more than one vessel to (3) Drills and exercises; the extent that they share similarities (4) Records and documentation; in physical characteristics and oper- (5) Response to change in MARSEC ations, if authorized and approved by Level; the Commanding Officer, Marine Safe- (6) Procedures for interfacing with fa- ty Center. cilities and other vessels; (b) The VSP must be submitted to (7) Declarations of Security (DoS); the Commanding Officer (MSC), USCG (8) Communications; Marine Safety Center, 1900 Half Street, (9) Security systems and equipment SW., Suite 1000, Room 525, Washington, maintenance; DC 20024 for visitors. Send all mail to (10) Security measures for access con- Commanding Officer (MSC), United trol, including designated passenger ac- States Coast Guard, 2100 2nd St. SW., cess areas and employee access areas; Stop 7102, Washington, DC 20593–7102, in (11) Security measures for restricted a written or electronic format. Infor- areas; mation for submitting the VSP elec- (12) Security measures for handling tronically can be found at http:// cargo; www.uscg.mil/HQ/MSC. Owners or opera- (13) Security measures for delivery of tors of foreign flag vessels that are sub- vessel stores and bunkers; ject to SOLAS Chapter XI–1 or Chapter (14) Security measures for moni- XI–2 must comply with this part by toring; carrying on board a valid International (15) Security incident procedures; Ship Security Certificate that certifies (16) Audits and Vessel Security Plan that the verifications required by Sec- (VSP) amendments; and tion 19.1 of part A of the ISPS Code (In- (17) Vessel Security Assessment corporated by reference, see § 101.115 of (VSA) Report. this subchapter) have been completed. (b) The VSP must describe in detail As stated in Section 9.4 of the ISPS how the requirements of subpart B of Code, part A requires that, in order for this part will be met. VSPs that have the ISSC to be issued, the provisions of been approved by the Coast Guard prior

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to March 26, 2007, do not need to be (f) A plan that is approved by the amended to describe their TWIC proce- MSC is valid for 5 years from the date dures until the next regularly sched- of its approval. uled resubmission of the VSP. [USCG–2003–14749, 68 FR 39302, July 1, 2003, as [USCG–2003–14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003; USCG– amended by USCG–2006–24196, 72 FR 3582, 2004–19963, 70 FR 74669, Dec. 16, 2005] Jan. 25, 2007] § 104.415 Amendment and audit. § 104.410 Submission and approval. (a) Amendments. (1) Amendments to a Vessel Security Plan that are approved (a) In accordance with § 104.115, on or by the Marine Safety Center (MSC) before December 31, 2003, each vessel may be initiated by: owner or operator must either: (i) The vessel owner or operator; or (1) Submit one copy of their Vessel (ii) The Coast Guard upon a deter- Security Plan (VSP), in English, for re- mination that an amendment is needed view and approval to the Commanding to maintain the vessel’s security. The Officer, Marine Safety Center (MSC) Coast Guard will give the vessel owner and a letter certifying that the VSP or operator written notice and request meets applicable requirements of this that the vessel owner or operator pro- part; or pose amendments addressing any mat- (2) If intending to operate under an ters specified in the notice. The com- Approved Security Program, a letter pany owner or operator will have at signed by the vessel owner or operator least 60 days to submit its proposed stating which approved Alternative Se- amendments. Until amendments are curity Program the owner or operator approved, the company owner or oper- intends to use. ator shall ensure temporary security (b) Owners or operators of vessels not measures are implemented to the satis- in service on or before December 31, faction of the Coast Guard. 2003, must comply with the require- (2) Proposed amendments must be ments in paragraph (a) of this section sent to the MSC at the address shown 60 days prior to beginning operations in § 104.400(b) of this part. If initiated or by December 31, 2003, whichever is by the company or vessel, owner or op- later. erator, the proposed amendment must (c) The Commanding Officer, Marine be submitted at least 30 days before the Safety Center (MSC), will examine amendment is to take effect unless the each submission for compliance with MSC allows a shorter period. The MSC this part, and either: will approve or disapprove the proposed (1) Approve it and specify any condi- amendment in accordance with § 104.410 tions of approval, returning to the sub- of this part. (3) Nothing in this section should be mitter a letter stating its acceptance construed as limiting the vessel owner and any conditions; or operator from the timely implemen- (2) Return it for revision, returning a tation of such additional security copy to the submitter with brief de- measures not enumerated in the ap- scriptions of the required revisions; or proved VSP as necessary to address ex- (3) Disapprove it, returning a copy to igent security situations. In such the submitter with a brief statement of cases, the owner or operator must no- the reasons for disapproval. tify the MSC by the most rapid means (d) A VSP may be submitted and ap- practicable as to the nature of the ad- proved to cover more than one vessel ditional measures, the circumstances where the vessel design and operations that prompted these additional meas- are similar. ures, and the period of time these addi- (e) Each company or vessel, owner or tional measures are expected to be in operator, that submits one VSP to place. cover two or more vessels of similar de- (4) If the owner or operator has sign and operation must address vessel- changed, the Vessel Security Officer specific information that includes the (VSO) must amend the Vessel Security physical and operational characteris- Plan (VSP) to include the name and tics of each vessel. contact information of the new vessel

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owner or operator and submit the af- 105.115 Compliance dates. fected portion of the VSP for review 105.120 Compliance documentation. and approval in accordance with 105.125 Noncompliance. 105.130 Waivers. § 104.410 of this part. 105.135 Equivalents. (b) Audits. (1) The CSO or VSO must 105.140 Alternative Security Program. ensure an audit of the VSP is per- 105.145 Maritime Security (MARSEC) Direc- formed annually, beginning no later tive. than one year from the initial date of 105.150 Right to appeal. approval and attach a letter to the VSP certifying that the VSP meets the Subpart B—Facility Security Requirements applicable requirements of this part. 105.200 Owner or operator. (2) The VSP must be audited if there 105.205 Facility Security Officer (FSO). is a change in the company’s or vessel’s 105.210 Facility personnel with security du- ownership or operator, or if there have ties. been modifications to the vessel, in- 105.215 Security training for all other facil- cluding but not limited to physical ity personnel. structure, emergency response proce- 105.220 Drill and exercise requirements. 105.225 Facility recordkeeping require- dures, security measures, or oper- ments. ations. 105.230 Maritime Security (MARSEC) Level (3) Auditing the VSP as a result of coordination and implementation. modifications to the vessel may be lim- 105.235 Communications. ited to those sections of the VSP af- 105.240 Procedures for interfacing with ves- fected by the vessel modifications. sels. (4) Unless impracticable due to the 105.245 Declaration of Security (DoS). 105.250 Security systems and equipment size and nature of the company or the maintenance. vessel, personnel conducting internal 105.255 Security measures for access con- audits of the security measures speci- trol. fied in the VSP or evaluating its imple- 105.257 Security measures for newly-hired mentation must: employees. (i) Have knowledge of methods of 105.260 Security measures for restricted conducting audits and inspections, and areas. control and monitoring techniques; 105.265 Security measures for handling cargo. (ii) Not have regularly assigned secu- 105.270 Security measures for delivery of rity duties; and vessel stores and bunkers. (iii) Be independent of any security 105.275 Security measures for monitoring. measures being audited. 105.280 Security incident procedures. (5) If the results of an audit require 105.285 Additional requirements—passenger amendment of either the VSA or VSP, and ferry facilities. the VSO or CSO must submit, in ac- 105.290 Additional requirements—cruise ship terminals. cordance with § 104.410 of this part, the 105.295 Additional requirements—Certain amendments to the MSC for review and Dangerous Cargo (CDC) facilities. approval no later than 30 days after 105.296 Additional requirements—barge completion of the audit and a letter fleeting facilities. certifying that the amended VSP meets the applicable requirements of Subpart C—Facility Security Assessment this part. (FSA) [USCG–2003–14749, 68 FR 39302, July 1, 2003; 68 105.300 General. FR 41915, July 16, 2003, as amended at 68 FR 105.305 Facility Security Assessment (FSA) 60515, Oct. 22, 2003] requirements. 105.310 Submission requirements.

PART 105—MARITIME SECURITY: Subpart D—Facility Security Plan (FSP) FACILITIES 105.400 General. 105.405 Format and content of the Facility Subpart A-General Security Plan (FSP). Sec. 105.410 Submission and approval. 105.100 Definitions. 105.415 Amendment and audit. 105.105 Applicability. APPENDIX A TO PART 105—FACILITY VULNER- 105.106 Public access areas. ABILITY AND SECURITY MEASURE SUMMARY 105.110 Exemptions. (CG–6025).

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AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. (i) The facility is engaged solely in 70103; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–11, 6.14, the exploration, development, or pro- 6.16, and 6.19; Department of Homeland Secu- duction of oil and natural gas; and rity Delegation No. 0170.1. (ii) The facility does not meet or ex- SOURCE: USCG–2003–14732, 68 FR 39322, July ceed the operating conditions in 1, 2003, unless otherwise noted. § 106.105 of this subchapter; (3) A facility that supports the pro- Subpart A—General duction, exploration, or development of oil and natural gas regulated by 33 CFR § 105.100 Definitions. parts 126 or 154 if: Except as specifically stated in this (i) The facility is engaged solely in the support of exploration, develop- subpart, the definitions in part 101 of ment, or production of oil and natural this subchapter apply to this part. gas and transports or stores quantities § 105.105 Applicability. of hazardous materials that do not meet or exceed those specified in 49 (a) The requirements in this part CFR 172.800(b)(1) through (b)(6); or apply to the owner or operator of any (ii) The facility stores less than 42,000 U.S.: gallons of cargo regulated by 33 CFR (1) Facility subject to 33 CFR parts part 154; 126, 127, or 154; (4) A mobile facility regulated by 33 (2) Facility that receives vessels cer- CFR part 154; or tificated to carry more than 150 pas- (5) An isolated facility that receives sengers, except those vessels not car- materials regulated by 33 CFR parts 126 rying and not embarking or dis- or 154 by vessel due to the lack of road embarking passengers at the facility; access to the facility and does not dis- (3) Facility that receives vessels sub- tribute the material through secondary ject to the International Convention marine transfers. for Safety of Life at Sea, 1974, chapter (d) The TWIC requirements found in XI; this part do not apply to mariners em- (4) Facility that receives foreign ployed aboard vessels moored at U.S. cargo vessels greater than 100 gross facilities only when they are working register tons; immediately adjacent to their vessels (5) Facility that receives U.S. cargo in the conduct of vessel activities. vessels, greater than 100 gross register [USCG–2003–14732, 68 FR 39322, July 1, 2003, as tons, subject to 46 CFR chapter I, sub- amended at 68 FR 60541, Oct. 22, 2003; USCG– chapter I, except for those facilities 2006–24196, 72 FR 55048, Sept. 28, 2007] that receive only commercial fishing vessels inspected under 46 CFR part § 105.106 Public access areas. 105; or (a) A facility serving ferries or pas- (6) Barge fleeting facility that re- senger vessels certificated to carry ceives barges carrying, in bulk, cargoes more than 150 passengers, other than regulated by 46 CFR chapter I, sub- cruise ships, may designate an area chapters D or O, or Certain Dangerous within the facility as a public access Cargoes. area. (b) An owner or operator of any facil- (b) A public access area is a defined ity not covered in paragraph (a) of this space within a facility that is open to section is subject to parts 101 through all persons and provides pedestrian ac- 103 of this subchapter. cess through the facility from public (c) This part does not apply to the thoroughfares to the vessel. owner or operator of the following U.S. [USCG–2003–14732, 68 FR 39322, July 1, 2003, as facilities: amended at 68 FR 60540, Oct. 22, 2003] (1) A facility owned or operated by the U.S. that is used primarily for mili- § 105.110 Exemptions. tary purposes. (a) An owner or operator of any barge (2) An oil and natural gas production, fleeting facility subject to this part is exploration, or development facility exempt from complying with § 105.265, regulated by 33 CFR parts 126 or 154 if: Security measures for handling cargo;

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and § 105.270, Security measures for de- to the cognizant COTP for each facil- livery of vessel stores and bunkers. ity— (b) A public access area designated (1) The Facility Security Plan de- under § 105.106 is exempt from the re- scribed in subpart D of this part for requirements for screening of persons, view and approval; or baggage, and personal effects and iden- (2) If intending to operate under an tification of persons in § 105.255(c), approved Alternative Security Pro- (e)(1), (e)(3), (f)(1), and (g)(1) and gram, a letter signed by the facility § 105.285(a)(1). owner or operator stating which ap- (c) An owner or operator of any gen- proved Alternative Security Program eral shipyard facility as defined in the owner or operator intends to use. § 101.105 is exempt from the require- (b) On or before July 1, 2004, each fa- ments of this part unless the facility: cility owner or operator must be oper- (1) Is subject to parts 126, 127, or 154 ating in compliance with this part. of this chapter; or (c) Facility owners or operators wish- (2) Provides any other service to ves- ing to designate only those portions of sels subject to part 104 of this sub- their facility that are directly con- chapter not related to construction, re- nected to maritime transportation or pair, rehabilitation, refurbishment, or are at risk of being involved in a trans- rebuilding. portation security incident as their se- (d) Public access facility. (1) The COTP cure area(s) must do so by submitting may exempt a public access facility an amendment to their Facility Secu- from the requirements of this part, in- rity Plan to their cognizant COTP, in cluding establishing conditions for accordance with § 105.415 of this part, which such an exemption is granted, to by September 4, 2007. ensure that adequate security is main- (d) Persons required to obtain a tained. TWIC under this part may enroll begin- (2) The owner or operator of any pub- ning after the date set by the Coast lic access facility exempted under this Guard in a Notice to be published in section must: the FEDERAL REGISTER. This notice (i) Comply with any COTP conditions will be directed to all facilities and for the exemption; and vessels within a specific COTP zone. (ii) Ensure that the cognizant COTP (e) Facility owners or operators must has the appropriate information for be operating in accordance with the contacting the individual with security TWIC provisions in this part by the responsibilities for the public access fa- date set by the Coast Guard in a Notice cility at all times. to be published in the FEDERAL REG- ISTER. This Notice will be published at (3) The cognizant COTP may with- least 90 days before compliance must draw the exemption for a public access begin, and will be directed to all facili- facility at any time the owner or oper- ties within a specific Captain of the ator fails to comply with any require- Port zone, based on whether enrollment of the COTP as a condition of the ment has been completed in that zone. exemption or any measure ordered by Unless an earlier compliance date is the COTP pursuant to existing COTP specified in this manner, all facility authority. owner or operators will need to imple- (e) An owner or operator of a facility ment their TWIC provisions no later is not subject to this part if the facility than April 15, 2009. receives only vessels to be laid-up, dismantled, or otherwise placed out of [USCG–2003–14732, 68 FR 39322, July 1, 2003, as commission provided that the vessels amended at 68 FR 60540, Oct. 22, 2003; USCG– are not carrying and do not receive 2004–19963, 70 FR 74669, Dec. 16, 2005; USCG– cargo or passengers at that facility. 2006–24196, 72 FR 3582, Jan. 25, 2007; 72 FR 38486, July 13, 2007; 73 FR 25565, May 7, 2008] [USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, Oct. 22, 2003] § 105.120 Compliance documentation. Each facility owner or operator sub- § 105.115 Compliance dates. ject to this part must ensure, on or be- (a) On or before December 31, 2003, fa- fore July 1, 2004, that copies of the fol- cility owners or operators must submit lowing documentation are available at

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the facility and are made available to writing, a waiver with or without con- the Coast Guard upon request: ditions only if the waiver will not re- (a) The approved Facility Security duce the overall security of the facil- Plan (FSP), as well as any approved re- ity, its employees, visiting vessels, or visions or amendments thereto, and a ports. letter of approval from the COTP dated within the last 5 years; [USCG–2003–14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003; USCG–2008–0179, 73 FR (b) The FSP submitted for approval 35009, June 19, 2008; USCG–2010–0351, 75 FR and an acknowledgement letter from 36282, June 25, 2010] the COTP stating that the Coast Guard is currently reviewing the FSP sub- § 105.135 Equivalents. mitted for approval, and that the facil- For any measure required by this ity may continue to operate so long as part, the facility owner or operator the facility remains in compliance may propose an equivalent as provided with the submitted FSP; or in § 101.130 of this subchapter. (c) For facilities operating under a Coast Guard-approved Alternative Se- § 105.140 Alternative Security Pro- curity Program as provided in § 105.140, gram. a copy of the Alternative Security Pro- gram the facility is using, including a (a) A facility owner or operator may facility specific security assessment re- use an Alternative Security Program port generated under the Alternative approved under § 101.120 of this sub- Security Program, as specified in chapter if: § 101.120(b)(3) of this subchapter, and a (1) The Alternative Security Program letter signed by the facility owner or is appropriate to that facility; operator, stating which Alternative Se- (2) The Alternative Security Program curity Program the facility is using is implemented in its entirety. and certifying that the facility is in (b) A facility owner or operator using full compliance with that program. an Alternative Security Program approved under § 101.120 of this sub- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as chapter must complete and submit to amended at 68 FR 60541, Oct. 22, 2003] the cognizant COTP a Facility Vulner- § 105.125 Noncompliance. ability and Security Measures Sum- mary (Form CG–6025) in appendix A to When a facility must temporarily depart 105—Facility Vulnerability and viate from the requirements of this Security (CG–6025). part, the facility owner or operator must notify the cognizant COTP, and § 105.145 Maritime Security (MARSEC) either suspend operations or request Directive. and receive permission from the COTP to continue operating. Each facility owner or operator subject to this part must comply with any [USCG–2003–14732, 68 FR 60541, Oct. 22, 2003] instructions contained in a MARSEC Directive issued under § 101.405 of this § 105.130 Waivers. subchapter. Any facility owner or operator may apply for a waiver of any requirement § 105.150 Right to appeal. of this part that the facility owner or Any person directly affected by a de- operator considers unnecessary in light cision or action taken under this part, of the nature or operating conditions of by or on behalf of the Coast Guard, the facility, prior to operating. A re- may appeal as described in § 101.420 of quest for a waiver must be submitted this subchapter. in writing with justification to the Commandant (CG-54) at 2100 2nd St. SW., Stop 7581, Washington, DC 20593– Subpart B—Facility Security 7581. The Commandant (CG-54) may re- Requirements quire the facility owner or operator to provide data for use in determining the § 105.200 Owner or operator. validity of the requested waiver. The (a) Each facility owner or operator Commandant (CG-54) may grant, in must ensure that the facility operates

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in compliance with the requirements of nations. The text of these treaties can this part. be found at http://www.marad.dot.gov/ (b) For each facility, the facility Programs/treaties.html; owner or operator must: (10) Ensure, within 12 hours of notifi- (1) Define the security organizational cation of an increase in MARSEC structure and provide each person exer- Level, implementation of the addi- cising security duties and responsibil- tional security measures required for ities within that structure the support the new MARSEC Level; needed to fulfill those obligations; (11) Ensure security for unattended (2) Designate, in writing, by name or vessels moored at the facility; by title, a Facility Security Officer (12) Ensure the report of all breaches (FSO) and identify how the officer can of security and transportation security be contacted at any time; incidents to the National Response (3) Ensure that a Facility Security Center in accordance with part 101 of Assessment (FSA) is conducted; this chapter; (4) Ensure the development and sub- (13) Ensure consistency between secu- mission for approval of an FSP; rity requirements and safety require- (5) Ensure that the facility operates ments; in compliance with the approved FSP; (14) Inform facility personnel of their (6) Ensure that the TWIC program is responsibility to apply for and main- properly implemented as set forth in tain a TWIC, including the deadlines this part, including: and methods for such applications, and (i) Ensuring that only individuals of their obligation to inform TSA of who hold a TWIC and are authorized to any event that would render them in- be in the secure area in accordance eligible for a TWIC, or which would in- with the FSP are permitted to escort; validate their existing TWIC; (ii) Identifying what action is to be (15) Ensure that protocols consistent taken by an escort, or other authorized with section 105.255(c) of this part, for individual, should individuals under es- dealing with individuals requiring ac- cort engage in activities other than cess who report a lost, damaged, or sto- those for which escorted access was len TWIC, or who have applied for and granted; and not yet received a TWIC, are in place; (iii) Notifying facility employees, and and passengers if applicable, of what (16) If applicable, ensure that proto- parts of the facility are secure areas cols consistent with § 105.257 of this and public access areas, as applicable, part, for dealing with newly hired em- and ensuring such areas are clearly ployees who have applied for and not marked. yet received a TWIC, are in place. (7) Ensure that restricted areas are [USCG–2003–14732, 68 FR 39322, July 1, 2003, as controlled and TWIC provisions are co- amended at 68 FR 60541, Oct. 22, 2003; USCG– ordinated, if applied to such restricted 2006–24196, 72 FR 3582, Jan. 25, 2007] areas; (8) Ensure that adequate coordina- § 105.205 Facility Security Officer tion of security issues takes place be- (FSO). tween the facility and vessels that call (a) General. (1) The FSO may perform on it, including the execution of a Dec- other duties within the owner’s or op- laration of Security (DoS) as required erator’s organization, provided he or by this part; she is able to perform the duties and (9) Ensure coordination of shore leave responsibilities required of the FSO. for vessel personnel or crew change- (2) The same person may serve as the out, as well as access through the facil- FSO for more than one facility, pro- ity for visitors to the vessel (including vided the facilities are in the same representatives of seafarers’ welfare COTP zone and are not more than 50 and labor organizations), with vessel miles apart. If a person serves as the operators in advance of a vessel’s ar- FSO for more than one facility, the rival. In coordinating such leave, facil- name of each facility for which he or ity owners or operators may refer to she is the FSO must be listed in the treaties of friendship, commerce, and Facility Security Plan (FSP) of each navigation between the U.S. and other facility for which or she is the FSO.

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(3) The FSO may assign security du- (xiii) Conducting security drills and ties to other facility personnel; how- exercises, including exercises with ves- ever, the FSO retains the responsi- sels; and bility for these duties. (xiv) Assessing security drills and ex- (4) The FSO must maintain a TWIC. ercises. (b) Qualifications. (1) The FSO must (xv) Knowledge of TWIC require- have general knowledge, through train- ments. ing or equivalent job experience, in the (c) Responsibilities. In addition to following: those responsibilities and duties speci- (i) Security organization of the facil- fied elsewhere in this part, the FSO ity; must, for each facility for which he or (ii) General vessel and facility oper- she has been designated: ations and conditions; (1) Ensure that the Facility Security (iii) Vessel and facility security Assessment (FSA) is conducted; measures, including the meaning and (2) Ensure the development and im- the requirements of the different plementation of a FSP; MARSEC Levels; (3) Ensure that an annual audit is (iv) Emergency preparedness, re- conducted, and if necessary that the sponse, and contingency planning; FSA and FSP are updated; (v) Security equipment and systems, (4) Ensure the FSP is exercised per and their operational limitations; and § 105.220 of this part; (vi) Methods of conducting audits, in- (5) Ensure that regular security inspections, control, and monitoring spections of the facility are conducted; techniques. (6) Ensure the security awareness and (2) In addition to knowledge and vigilance of the facility personnel; training required in paragraph (b)(1) of (7) Ensure adequate training to per- this section, the FSO must have knowl- sonnel performing facility security du- edge of and receive training in the fol- ties; lowing, as appropriate: (8) Ensure that occurrences that (i) Relevant international laws and threaten the security of the facility are codes, and recommendations; recorded and reported to the owner or operator; (ii) Relevant government legislation and regulations; (9) Ensure the maintenance of records required by this part; (iii) Responsibilities and functions of (10) Ensure the preparation and the local, State, and Federal law enforce- submission of any reports as required ment agencies; by this part; (iv) Security assessment method- (11) Ensure the execution of any re- ology; quired Declarations of Security with (v) Methods of facility security sur- Masters, Vessel Security Officers or veys and inspections; their designated representatives; (vi) Instruction techniques for secu- (12) Ensure the coordination of security training and education, including rity services in accordance with the ap- security measures and procedures; proved FSP; (vii) Handling sensitive security in- (13) Ensure that security equipment formation and security related commu- is properly operated, tested, calibrated, nications; and maintained; (viii) Current security threats and (14) Ensure the recording and report- patterns; ing of attainment changes in MARSEC (ix) Recognizing and detecting dan- Levels to the owner or operator and gerous substances and devices; the cognizant COTP; (x) Recognizing characteristics and (15) When requested, ensure that the behavioral patterns of persons who are Vessel Security Officers receive assist- likely to threaten security; ance in confirming the identity of visi- (xi) Techniques used to circumvent tors and service providers seeking to security measures; board the vessel through the facility; (xii) Conducting physical searches (16) Ensure notification, as soon as and non-intrusive inspections; possible, to law enforcement personnel

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and other emergency responders to per- § 105.215 Security training for all mit a timely response to any transpor- other facility personnel. tation security incident; All other facility personnel, includ- (17) Ensure that the FSP is sub- ing contractors, whether part-time, mitted to the cognizant COTP for ap- full-time, temporary, or permanent, proval, as well as any plans to change must have knowledge of, through the facility or facility infrastructure training or equivalent job experience, prior to amending the FSP; and in the following, as appropriate: (18) Ensure that all facility personnel (a) Relevant provisions of the Facil- are briefed of changes in security con- ity Security Plan (FSP); ditions at the facility. (b) The meaning and the consequen- (19) Ensure the TWIC program is tial requirements of the different being properly implemented. MARSEC Levels as they apply to them, [USCG–2003–14732, 68 FR 39322, July 1, 2003, as including emergency procedures and amended at 68 FR 60541, Oct. 22, 2003; USCG– contingency plans; 2006–24196, 72 FR 3583, Jan. 25, 2007] (c) Recognition and detection of dangerous substances and devices; § 105.210 Facility personnel with secu- (d) Recognition of characteristics and rity duties. behavioral patterns of persons who are Facility personnel responsible for se- likely to threaten security; and curity duties must maintain a TWIC, (e) Techniques used to circumvent se- and must have knowledge, through curity measures. training or equivalent job experience, (f) Familiar with all relevant aspects in the following, as appropriate: of the TWIC program and how to carry (a) Knowledge of current security them out. threats and patterns; [USCG–2003–14732, 68 FR 39322, July 1, 2003, as (b) Recognition and detection of dan- amended at 68 FR 60541, Oct. 22, 2003; USCG– gerous substances and devices; 2006–24196, 72 FR 3583, Jan. 25, 2007] (c) Recognition of characteristics and behavioral patterns of persons who are § 105.220 Drill and exercise require- likely to threaten security; ments. (d) Techniques used to circumvent se- (a) General. (1) Drills and exercises curity measures; must test the proficiency of facility (e) Crowd management and control personnel in assigned security duties at techniques; all MARSEC Levels and the effective (f) Security related communications; implementation of the Facility Secu- (g) Knowledge of emergency proce- rity Plan (FSP). They must enable the dures and contingency plans; Facility Security Officer (FSO) to iden- (h) Operation of security equipment tify any related security deficiencies and systems; that need to be addressed. (i) Testing, calibration, and mainte- (2) A drill or exercise required by this nance of security equipment and sys- section may be satisfied with the im- tems; plementation of security measures re- (j) Inspection, control, and moni- quired by the FSP as the result of an toring techniques; increase in the MARSEC Level, pro- (k) Relevant provisions of the Facil- vided the facility reports attainment ity Security Plan (FSP); to the cognizant COTP. (l) Methods of physical screening of (b) Drills. (1) The FSO must ensure persons, personal effects, baggage, that at least one security drill is con- cargo, and vessel stores; and ducted every 3 months. Security drills (m) The meaning and the consequen- may be held in conjunction with non- tial requirements of the different security drills, where appropriate. MARSEC Levels. (2) Drills must test individual ele- (n) Familiar with all relevant aspects ments of the FSP, including response of the TWIC program and how to carry to security threats and incidents. them out. Drills should take into account the [USCG–2003–14732, 68 FR 39322, July 1, 2003, as types of operations of the facility, fa- amended by USCG–2006–24196, 72 FR 3583, cility personnel changes, the type of Jan. 25, 2007] vessel the facility is serving, and other

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relevant circumstances. Examples of ment. The following records must be drills include unauthorized entry to a kept: restricted area, response to alarms, and (1) Training. For training under notification of law enforcement au- § 105.210, the date of each session, dura- thorities. tion of session, a description of the (3) If a vessel is moored at the facil- training, and a list of attendees; ity on the date the facility has planned (2) Drills and exercises. For each drill to conduct any drills, the facility can- or exercise, the date held, description not require the vessel or vessel per- of drill or exercise, list of participants, sonnel to be a part of or participate in and any best practices or lessons the facility’s scheduled drill. learned which may improve the Facil- (c) Exercises. (1) Exercises must be ity Security Plan (FSP); conducted at least once each calendar (3) Incidents and breaches of security. year, with no more than 18 months be- For each incident or breach of security, tween exercises. (2) Exercises may be: the date and time of occurrence, loca- (i) Full scale or live; tion within the facility, description of (ii) Tabletop simulation or seminar; incident or breaches, to whom it was (iii) Combined with other appropriate reported, and description of the re- exercises; or sponse; (iv) A combination of the elements in (4) Changes in MARSEC Levels. For paragraphs (c)(2)(i) through (iii) of this each change in MARSEC Level, the section. date and time of notification received, (3) Exercises may be facility-specific and time of compliance with additional or part of a cooperative exercise pro- requirements; gram with applicable facility and ves- (5) Maintenance, calibration, and test- sel security plans or comprehensive ing of security equipment. For each oc- port exercises. currence of maintenance, calibration, (4) Each exercise must test commu- and testing, record the date and time, nication and notification procedures, and the specific security equipment in- and elements of coordination, resource volved; availability, and response. (6) Security threats. For each security (5) Exercises are a full test of the se- threat, the date and time of occur- curity program and must include sub- rence, how the threat was commu- stantial and active participation of nicated, who received or identified the FSOs, and may include government au- threat, description of threat, to whom thorities and vessels visiting the facil- it was reported, and description of the ity. Requests for participation of Com- response; pany and Vessel Security Officers in (7) Declaration of Security (DoS) A joint exercises should consider the se- copy of each single-visit DoS and a curity and work implications for the copy of each continuing DoS for at vessel. least 90 days after the end of its effec- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as tive period; and amended at 68 FR 60541, Oct. 22, 2003] (8) Annual audit of the FSP. For each annual audit, a letter certified by the § 105.225 Facility recordkeeping requirements. FSO stating the date the audit was completed. (a) Unless otherwise specified in this (c) Any record required by this part section, the Facility Security Officer must be protected from unauthorized (FSO) must keep records of the activi- access or disclosure. ties as set out in paragraph (b) of this section for at least 2 years and make [USCG–2003–14732, 68 FR 39322, July 1, 2003, as them available to the Coast Guard amended at 68 FR 60541, Oct. 22, 2003] upon request. (b) Records required by this section § 105.230 Maritime Security (MARSEC) may be kept in electronic format. If Level coordination and implemen- kept in an electronic format, they tation. must be protected against unauthor- (a) The facility owner or operator ized deletion, destruction, or amend- must ensure the facility operates in

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compliance with the security require- authorities with security responsibil- ments in this part for the MARSEC ities. Level in effect for the port. (c) At each active facility access (b) When notified of an increase in point, provide a means of contacting the MARSEC Level, the facility owner police, security control, or an emer- and operator must ensure: gency operations center, by telephones, (1) Vessels moored to the facility and cellular phones, and/or portable radios, vessels scheduled to arrive at the facil- or other equivalent means. ity within 96 hours of the MARSEC (d) Facility communications systems Level change are notified of the new must have a backup means for both in- MARSEC Level and the Declaration of ternal and external communications. Security is revised as necessary; (2) The facility complies with the re- § 105.240 Procedures for interfacing quired additional security measures with vessels. within 12 hours; and The facility owner or operator must (3) The facility reports compliance or ensure that there are measures for noncompliance to the COTP. interfacing with vessels at all MARSEC (c) For MARSEC Levels 2 and 3, the Levels. Facility Security Officer must inform all facility personnel about identified § 105.245 Declaration of Security threats, and emphasize reporting pro- (DoS). cedures and stress the need for in- (a) Each facility owner or operator creased vigilance. must ensure procedures are established (d) An owner or operator whose facil- for requesting a DoS and for handling ity is not in compliance with the re- DoS requests from a vessel. quirements of this section, must in- (b) At MARSEC Level 1, a facility re- form the COTP and obtain approval ceiving a cruise ship or a manned ves- prior to interfacing with a vessel or sel carrying Certain Dangerous Cargo, continuing operations. in bulk, must comply with the fol- (e) At MARSEC Level 3, in addition lowing: to the requirements in this part, a fa- (1) Prior to the arrival of a vessel to cility owner or operator may be re- the facility, the Facility Security Offi- quired to implement additional meas- cer (FSO) and Master, Vessel Security ures, pursuant to 33 CFR part 6, 160, or Officer (VSO), or their designated rep- 165, as appropriate, which may include resentatives must coordinate security but are not limited to: needs and procedures, and agree upon (1) Use of waterborne security patrol; the contents of the DoS for the period (2) Use of armed security personnel of time the vessel is at the facility; and to control access to the facility and to (2) Upon the arrival of the vessel at deter, to the maximum extent prac- the facility, the FSO and Master, VSO, tical, a transportation security inci- or their designated representative, dent; and must sign the written DoS. (3) Examination of piers, wharves, (c) Neither the facility nor the vessel and similar structures at the facility may embark or disembark passengers, for the presence of dangerous sub- nor transfer cargo or vessel stores until stances or devices underwater or other the DoS has been signed and imple- threats. mented. (d) At MARSEC Levels 2 and 3, the § 105.235 Communications. FSOs, or their designated representa- (a) The Facility Security Officer tives, of facilities interfacing with must have a means to effectively no- manned vessels subject to part 104, of tify facility personnel of changes in se- this subchapter must sign and imple- curity conditions at the facility. ment DoSs as required in (b)(1) and (2) (b) Communication systems and proof this section. cedures must allow effective and con- (e) At MARSEC Levels 1 and 2, FSOs tinuous communications between the of facilities that frequently interface facility security personnel, vessels with the same vessel may implement a interfacing with the facility, the cog- continuing DoS for multiple visits, pro- nizant COTP, and national and local vided that:

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(1) The DoS is valid for a specific TWIC and is authorized to be in the MARSEC Level; area. (2) The effective period at MARSEC (b) The facility owner or operator Level 1 does not exceed 90 days; and must ensure that the following are (3) The effective period at MARSEC specified: Level 2 does not exceed 30 days. (1) The locations where restrictions (f) When the MARSEC Level in- or prohibitions that prevent unauthor- creases beyond that contained in the ized access are applied for each DoS, the continuing DoS is void and a MARSEC Level, including those points new DoS must be executed in accord- where TWIC access control provisions ance with this section. will be applied. Each location allowing (g) A copy of all currently valid con- means of access to the facility must be tinuing DoSs must be kept with the addressed; Facility Security Plan. (2) The types of restrictions or prohi- (h) The COTP may require, at any bitions to be applied and the means of time, at any MARSEC Level, any facil- enforcing them; ity subject to this part to implement a (3) The means used to establish the DoS with the VSO prior to any vessel- identity of individuals not in posses- to-facility interface when he or she sion of a TWIC, in accordance with deems it necessary. § 101.515 of this subchapter, and proce- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as dures for escorting them; amended at 68 FR 60541, Oct. 22, 2003] (4) Procedures for identifying authorized and unauthorized persons at any § 105.250 Security systems and equip- MARSEC level; and ment maintenance. (5) The locations where persons, per- (a) Security systems and equipment sonal effects and vehicle screenings are must be in good working order and in- to be conducted. The designated spected, tested, calibrated, and main- screening areas should be covered to tained according to manufacturers’ provide for continuous operations re- recommendations. gardless of the weather conditions. (b) Security systems must be regu- (c) The facility owner or operator larly tested in accordance with the must ensure that a TWIC program is manufacturers’ recommendations; implemented as follows: noted deficiencies corrected promptly; (1) All persons seeking unescorted ac- and the results recorded as required in cess to secure areas must present their § 105.225 of this subpart. TWIC for inspection before being al- (c) The FSP must include procedures lowed unescorted access, in accordance for identifying and responding to secu- with § 101.514 of this subchapter. Inspec- rity system and equipment failures or tion must include: malfunctions. (i) A match of the photo on the TWIC to the individual presenting the TWIC; § 105.255 Security measures for access (ii) Verification that the TWIC has control. not expired; and (a) General. The facility owner or op- (iii) A visual check of the various se- erator must ensure the implementation curity features present on the card to of security measures to: determine whether the TWIC has been (1) Deter the unauthorized introduc- tampered with or forged. tion of dangerous substances and de- (2) If an individual cannot present a vices, including any device intended to TWIC because it has been lost, dam- damage or destroy persons, vessels, fa- aged or stolen, and he or she has pre- cilities, or ports; viously been granted unescorted access (2) Secure dangerous substances and to the facility and is known to have devices that are authorized by the had a valid TWIC, the individual may owner or operator to be on the facility; be given unescorted access to secure (3) Control access to the facility; and areas for a period of no longer than 7 (4) Prevent an unescorted individual consecutive calendar days if: from entering an area of the facility (i) The individual has reported the that is designated as a secure area un- TWIC as lost, damaged, or stolen to less the individual holds a duly issued TSA as required in 49 CFR 1572.19(f);

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(ii) The individual can present an- (i) Entering the facility is deemed other identification credential that valid consent to screening or inspec- meets the requirements of § 101.515 of tion; and this subchapter; and (ii) Failure to consent or submit to (iii) There are no other suspicious screening or inspection will result in circumstances associated with the indi- denial or revocation of authorization vidual’s claim of loss or theft. to enter. (3) If an individual cannot present his (4) Check the identification of any or her TWIC for any other reason than person not holding a TWIC and seeking outlined in paragraph (c)(2) of this sec- entry to the facility, including vessel tion, he or she may not be granted passengers, vendors, personnel duly au- unescorted access to the secure area. thorized by the cognizant government The individual must be under escort, as authorities, and visitors. This check that term is defined in part 101 of this shall include confirming the reason for subchapter, at all times when inside of boarding by examining at least one of a secure area. the following: (4) With the exception of persons (i) Joining instructions; granted access according to paragraph (ii) Passenger tickets; (c)(2) of this section, all persons grant- (iii) Boarding passes; ed unescorted access to secure areas of (iv) Work orders, pilot orders, or sur- the facility must be able to produce his veyor orders; or her TWIC upon request. (v) Government identification; or (5) There must be disciplinary meas- (vi) Visitor badges issued in accord- ures in place to prevent fraud and ance with an identification system im- abuse. plemented under paragraph (d) of this (6) The facility’s TWIC program section. should be coordinated, when prac- (5) Deny or revoke a person’s author- ticable, with identification and TWIC ization to be on the facility if the per- access control measures of vessels or son is unable or unwilling, upon the re- other transportation conveyances that quest of facility personnel or a law en- use the facility. forcement officer, to establish his or (d) If the facility owner or operator her identity in accordance with this uses a separate identification system, part or to account for his or her pres- ensure that it complies and is coordi- ence. Any such incident must be re- nated with TWIC provisions in this ported in compliance with this part; part. (6) Designate restricted areas and (e) The facility owner or operator provide appropriate access controls for must establish in the approved Facility these areas; Security Plan (FSP) the frequency of (7) Identify access points that must application of any access controls, par- be secured or attended to deter unau- ticularly if they are to be applied on a thorized access; random or occasional basis. (8) Deter unauthorized access to the (f) MARSEC Level 1. The facility facility and to designated restricted owner or operator must ensure the fol- areas within the facility; lowing security measures are imple- (9) Screen by hand or device, such as mented at the facility: x-ray, all unaccompanied baggage prior (1) Implement TWIC as set out in to loading onto a vessel; and paragraph (c) of this section. (10) Secure unaccompanied baggage (2) Screen persons, baggage (includ- after screening in a designated re- ing carry-on items), personal effects, stricted area and maintain security and vehicles, for dangerous substances control during transfers between the and devices at the rate specified in the facility and a vessel. approved FSP, excluding government- (g) MARSEC Level 2. In addition to owned vehicles on official business the security measures required for when government personnel present MARSEC Level 1 in this section, at identification credentials for entry; MARSEC Level 2, the facility owner or (3) Conspicuously post signs that de- operator must ensure the implementa- scribe security measures currently in tion of additional security measures, as effect and clearly state that: specified for MARSEC Level 2 in their

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approved FSP. These additional secu- (5) Suspending access to the facility; rity measures may include: (6) Suspending cargo operations; (1) Increasing the frequency and de- (7) Evacuating the facility; tail of the screening of persons, bag- (8) Restricting pedestrian or vehic- gage, and personal effects for dan- ular movement on the grounds of the gerous substances and devices entering facility; or the facility; (9) Increasing security patrols within (2) X-ray screening of all unaccom- the facility. panied baggage; [USCG–2006–24196, 72 FR 3583, Jan. 25, 2007] (3) Assigning additional personnel to guard access points and patrol the pe- § 105.257 Security measures for newly- rimeter of the facility to deter unau- hired employees. thorized access; (a) Newly-hired facility employees (4) Limiting the number of access may be granted entry to secure areas points to the facility by closing and se- of the facility for up to 30 consecutive curing some access points and pro- calendar days prior to receiving their viding physical barriers to impede TWIC provided all of the requirements movement through the remaining ac- in paragraph (b) of this section are cess points; met, and provided that the new hire is (5) Denying access to visitors who do accompanied by an individual with a not have a verified destination; TWIC while within the secure areas of (6) Deterring waterside access to the the facility. If TSA does not act upon a facility, which may include, using wa- TWIC application within 30 days, the terborne patrols to enhance security cognizant Coast Guard COTP may fur- around the facility; or ther extend access to secure areas for (7) Except for government-owned ve- another 30 days. The Coast Guard will hicles on official business when govern- determine whether, in particular cir- ment personnel present identification cumstances, certain practices meet the credentials for entry, screening vehi- condition of a new hire being accom- cles and their contents for dangerous panied by another individual with a substances and devices at the rate TWIC. The Coast Guard will issue guid- specified for MARSEC Level 2 in the ance for use in making these deter- approved FSP. minations. (h) MARSEC Level 3. In addition to (b) Newly-hired facility employees the security measures required for may be granted the access provided for MARSEC Level 1 and MARSEC Level 2, in paragraph (a) of this section if: at MARSEC level 3, the facility owner (1) The new hire has applied for a or operator must ensure the implemen- TWIC in accordance with 49 CFR part tation of additional security measures, 1572 by completing the full enrollment as specified for MARSEC Level 3 in process, paying the user fee, and is not their approved FSP. These additional currently engaged in a waiver or appeal security measures may include: process. The facility owner or operator (1) Screening all persons, baggage, or the Facility Security Officer (FSO) and personal effects for dangerous sub- must have the new hire sign a state- stances and devices; ment affirming this, and must retain (2) Performing one or more of the fol- the signed statement until the new lowing on unaccompanied baggage: hire receives a TWIC; (i) Screen unaccompanied baggage (2) The facility owner or operator or more extensively; for example, x- the FSO enters the following informa- raying from two or more angles; tion on the new hire into the Coast (ii) Prepare to restrict or suspend Guard’s Homeport website (http://home- handling of unaccompanied baggage; or port.uscg.mil): (iii) Refuse to accept unaccompanied (i) Full legal name, including middle baggage. name if one exists; (3) Being prepared to cooperate with (ii) Date of birth; responders and facilities; (iii) Social security number (op- (4) Granting access to only those re- tional); sponding to the security incident or (iv) Employer name and 24 hour con- threat thereof; tact information; and

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(v) Date of TWIC enrollment. (1) Shore areas immediately adjacent (3) The new hire presents an identi- to each vessel moored at the facility; fication credential that meets the re- (2) Areas containing sensitive secu- quirements of § 101.515 of this sub- rity information, including cargo docu- chapter; mentation; (4) There are no other circumstances (3) Areas containing security and sur- that would cause reasonable suspicion veillance equipment and systems and regarding the new hire’s ability to ob- their controls, and lighting system tain a TWIC, and the facility owner or controls; and operator or FSO have not been in- (4) Areas containing critical facility formed by the cognizant COTP that the infrastructure, including: new hire poses a security threat; and (i) Water supplies; (5) There would be an adverse impact (ii) Telecommunications; to facility operations if the new hire is (iii) Electrical system; and not allowed access. (iv) Access points for ventilation and (c) This section does not apply to any air-conditioning systems; individual being hired as a FSO, or any (5) Manufacturing or processing areas individual being hired to perform facil- and control rooms; ity security duties. (6) Locations in the facility where ac- (d) The new hire may not begin work- cess by vehicles and personnel should ing at the facility under the provisions be restricted; of this section until the owner, oper- (7) Areas designated for loading, un- ator, or FSO receives notification, via loading or storage of cargo and stores; Homeport or some other means, the and new hire has passed an initial name (8) Areas containing cargo consisting check. of dangerous goods or hazardous sub- [USCG–2006–24196, 72 FR 3584, Jan. 25, 2007] stances, including certain dangerous cargoes. § 105.260 Security measures for re- (c) The owner or operator must en- stricted areas. sure that all restricted areas have (a) General. The facility owner or op- clearly established security measures erator must ensure the designation of to: restricted areas in order to: (1) Identify which facility personnel (1) Prevent or deter unauthorized ac- are authorized to have access; cess; (2) Determine which persons other (2) Protect persons authorized to be than facility personnel are authorized in the facility; to have access; (3) Protect the facility; (3) Determine the conditions under (4) Protect vessels using and serving which that access may take place; the facility; (4) Define the extent of any restricted (5) Protect sensitive security areas area; within the facility; (5) Define the times when access re- (6) Protect security and surveillance strictions apply; equipment and systems; and (6) Clearly mark all restricted areas (7) Protect cargo and vessel stores and indicate that access to the area is from tampering. restricted and that unauthorized pres- (b) Designation of Restricted Areas. The ence within the area constitutes a facility owner or operator must ensure breach of security; restricted areas are designated within (7) Control the entry, parking, load- the facility. They must also ensure ing and unloading of vehicles; that all restricted areas are clearly (8) Control the movement and stor- marked and indicate that access to the age of cargo and vessel stores; and area is restricted and that unauthor- (9) Control unaccompanied baggage ized presence within the area con- or personal effects. stitutes a breach of security. The facil- (d) MARSEC Level 1. At MARSEC ity owner or operator may also des- Level 1, the facility owner or operator ignate the entire facility as a re- must ensure the implementation of se- stricted area. Restricted areas must in- curity measures to prevent unauthor- clude, as appropriate: ized access or activities within the

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area. These security measures may in- (4) Restricting parking adjacent to clude: vessels; (1) Restricting access to only author- (5) Further restricting access to the ized personnel; restricted areas and movements and (2) Securing all access points not ac- storage within them; tively used and providing physical bar- (6) Using continuously monitored and riers to impede movement through the recorded surveillance equipment; remaining access points; (7) Enhancing the number and fre- (3) Assigning personnel to control ac- quency of patrols, including water- cess to restricted areas; borne patrols undertaken on the (4) Verifying the identification and boundaries of the restricted areas and authorization of all persons and all ve- within the areas; or hicles seeking entry; (8) Establishing and restricting ac- (5) Patrolling or monitoring the pe- cess to areas adjacent to the restricted rimeter of restricted areas; (6) Using security personnel, auto- areas. matic intrusion detection devices, sur- (f) MARSEC Level 3. In addition to the veillance equipment, or surveillance security measures required for systems to detect unauthorized entry MARSEC Level 1 and MARSEC Level 2, or movement within restricted areas; at MARSEC Level 3, the facility owner (7) Directing the parking, loading, or operator must ensure the implemen- and unloading of vehicles within a re- tation of additional security measures, stricted area; as specified for MARSEC Level 3 in (8) Controlling unaccompanied bag- their approved FSP. These additional gage and or personal effects after security measures may include: screening; (1) Restricting access to additional (9) Designating restricted areas for areas; performing inspections of cargo and (2) Prohibiting access to restricted vessel stores while awaiting loading; areas, or and (3) Searching restricted areas as part (10) Designating temporary restricted of a security sweep of all or part of the areas to accommodate facility oper- facility. ations. If temporary restricted areas are designated, the FSP must include a § 105.265 Security measures for han- requirement to conduct a security dling cargo. sweep of the designated temporary re- (a) General. The facility owner or op- stricted area both before and after the erator must ensure that security meas- area has been established. ures relating to cargo handling, some (e) MARSEC Level 2. In addition to of which may have to be applied in liai- the security measures required for son with the vessel, are implemented in MARSEC Level 1 in this section, at order to: MARSEC Level 2, the facility owner or (1) Deter tampering; operator must also ensure the imple- (2) Prevent cargo that is not meant mentation of additional security meas- for carriage from being accepted and ures, as specified for MARSEC Level 2 stored at the facility without the in their approved FSP. These additional security measures may include: knowing consent of the facility owner (1) Increasing the intensity and fre- or operator; quency of monitoring and access con- (3) Identify cargo that is approved for trols on existing restricted access loading onto vessels interfacing with areas; the facility; (2) Enhancing the effectiveness of the (4) Include cargo control procedures barriers or fencing surrounding re- at access points to the facility; stricted areas, by the use of patrols or (5) Identify cargo that is accepted for automatic intrusion detection devices; temporary storage in a restricted area (3) Reducing the number of access while awaiting loading or pick up; points to restricted areas, and enhanc- (6) Restrict the entry of cargo to the ing the controls applied at the remain- facility that does not have a confirmed ing accesses; date for loading, as appropriate;

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(7) Ensure the release of cargo only sponsible party in accordance with an to the carrier specified in the cargo established agreement and procedures; documentation; (6) Increasing the frequency and in- (8) When there are regular or re- tensity of visual and physical inspec- peated cargo operations with the same tions; or shipper, coordinate security measures (7) Limiting the number of locations with the shipper or other responsible where dangerous goods and hazardous party in accordance with an estab- substances, including certain dan- lished agreement and procedure; and gerous cargoes, can be stored. (9) Create, update, and maintain a (d) MARSEC Level 3. In addition to continuous inventory of all dangerous the security measures required for goods and hazardous substances from MARSEC Level 1 and MARSEC Level 2, receipt to delivery within the facility, at MARSEC Level 3, the facility owner giving the location of those dangerous or operator must ensure the implemen- goods and hazardous substances. tation of additional security measures, (b) MARSEC Level 1. At MARSEC as specified for MARSEC Level 3 in the Level 1, the facility owner or operator approved FSP. These additional secu- must ensure the implementation of rity measures may include: measures to: (1) Restricting or suspending cargo (1) Unless unsafe to do so, routinely movements or operations within all or check cargo, cargo transport units, and part of the facility or specific vessels; cargo storage areas within the facility (2) Being prepared to cooperate with prior to, and during, cargo handling op- responders and vessels; or erations for evidence of tampering; (3) Verifying the inventory and location of any dangerous goods and haz- (2) Check that cargo, containers, or ardous substances, including certain other cargo transport units entering dangerous cargoes, held within the fa- the facility match the delivery note or cility and their location. equivalent cargo documentation; (3) Screen vehicles; and [USCG–2003–14732, 68 FR 39322, July 1, 2003, as (4) Check seals and other methods amended at 68 FR 60541, Oct. 22, 2003] used to prevent tampering upon enter- § 105.270 Security measures for deliv- ing the facility and upon storage with- ery of vessel stores and bunkers. in the facility. (a) General. The facility owner or op- (c) MARSEC Level 2. In addition to erator must ensure that security meas- the security measures required for ures relating to the delivery of vessel MARSEC Level 1 in this section, at stores and bunkers are implemented to: MARSEC Level 2, the facility owner or (1) Check vessel stores for package operator must also ensure the imple- integrity; mentation of additional security meas- (2) Prevent vessel stores from being ures, as specified for MARSEC Level 2 accepted without inspection; in the approved FSP. These additional (3) Deter tampering; security measures may include: (4) For vessels that routinely use a (1) Conducting check of cargo, con- facility, establish and execute standing tainers or other cargo transport units, arrangements between the vessel, its and cargo storage areas within the fa- suppliers, and a facility regarding noti- cility for evidence of tampering; fication and the timing of deliveries (2) Intensifying checks, as appro- and their documentation; and priate, to ensure that only the docu- (5) Check vessel stores by the fol- mented cargo enters the facility, is lowing means: temporarily stored there, and then (i) Visual examination; loaded onto the vessel; (ii) Physical examination; (3) Intensifying the screening of vehi- (iii) Detection devices, such as scan- cles; ners; or (4) Increasing frequency and detail in (iv) Canines. checking of seals and other methods (b) MARSEC Level 1. At MARSEC used to prevent tampering; Level 1, the facility owner or operator (5) Coordinating enhanced security must ensure the implementation of measures with the shipper or other re- measures to:

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(1) Screen vessel stores at the rate ously monitor, through a combination specified in the approved Facility Se- of lighting, security guards, water- curity Plan (FSP); borne patrols, automatic intrusion-de- (2) Require advance notification of tection devices, or surveillance equip- vessel stores or bunkers delivery, in- ment, as specified in the approved Fa- cluding a list of stores, delivery vehicle cility Security Plan (FSP), the: driver information, and vehicle reg- (1) Facility and its approaches, on istration information; land and water; (3) Screen delivery vehicles at the (2) Restricted areas within the facil- frequencies specified in the approved ity; and FSP; and (3) Vessels at the facility and areas (4) Escort delivery vehicles within surrounding the vessels. the facility at the rate specified by the (b) MARSEC Level 1. At MARSEC approved FSP. Level 1, the facility owner or operator (c) MARSEC Level 2. In addition to the security measures required for must ensure the security measures in MARSEC Level 1 in this section, at this section are implemented at all MARSEC Level 2, the facility owner or times, including the period from sunset operator must also ensure the imple- to sunrise and periods of limited visi- mentation of additional security meas- bility. For each facility, ensure moni- ures, as specified for MARSEC Level 2 toring capability that: in the approved FSP. These additional (1) When automatic intrusion-detec- security measures may include: tion devices are used, activates an au- (1) Detailed screening of vessel dible or visual alarm, or both, at a lo- stores; cation that is continuously attended or (2) Detailed screening of all delivery monitored; vehicles; (2) Is able to function continually, in- (3) Coordinating with vessel per- cluding consideration of the possible sonnel to check the order against the effects of weather or of a power disrup- delivery note prior to entry to the fa- tion; cility; (3) Monitors the facility area, includ- (4) Ensuring delivery vehicles are es- ing shore and waterside access to it; corted within the facility; or (4) Monitors access points, barriers (5) Restricting or prohibiting the and restricted areas; entry of vessel stores that will not (5) Monitors access and movements leave the facility within a specified pe- adjacent to vessels using the facility, riod. including augmentation of lighting (d) MARSEC Level 3. In addition to provided by the vessel itself; and the security measures for MARSEC (6) Limits lighting effects, such as Level 1 and MARSEC Level 2, at glare, and their impact on safety, navi- MARSEC Level 3, the facility owner gation, and other security activities. and operator must ensure implementation of additional security measures, as (c) MARSEC Level 2. In addition to specified for MARSEC Level 3 in the the security measures for MARSEC approved FSP. Examples of these addi- Level 1 in this section, at MARSEC tional security measures may include: Level 2, the facility owner or operator (1) Checking all vessel stores more must also ensure the implementation extensively; of additional security measures, as (2) Restricting or suspending delivery specified for MARSEC Level 2 in the of vessel stores; or approved FSP. These additional meas- (3) Refusing to accept vessel stores ures may include: on the facility. (1) Increasing the coverage and intensity of surveillance equipment, includ- § 105.275 Security measures for moni- ing the provision of additional surveil- toring. lance coverage; (a) General. The facility owner or op- (2) Increasing the frequency of foot, erator must ensure the implementation vehicle or waterborne patrols; of security measures in this section (3) Assigning additional security per- and have the capability to continu- sonnel to monitor and patrol; or

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(4) Increasing the coverage and inten- (1) Establish separate areas to seg- sity of lighting, including the provision regate unchecked persons and personal of additional lighting and coverage. effects from checked persons and per- (d) MARSEC Level 3. In addition to sonal effects; the security measures for MARSEC (2) Ensure that a defined percentage Level 1 and MARSEC Level 2, at of vehicles to be loaded aboard are MARSEC Level 3, the facility owner or screened prior to loading, in accord- operator must also ensure implementa- ance with a MARSEC Directive or tion of additional security measures, as other orders issued by the Coast Guard; specified for MARSEC Level 3 in the approved FSP. These additional secu- (3) Ensure that all unaccompanied rity measures may include: vehicles to be loaded on passenger ves- (1) Switching on all lighting within, sels are screened prior to loading; or illuminating the vicinity of, the fa- (4) Deny passenger access to secure cility; and restricted areas unless escorted by (2) Switching on all surveillance authorized facility security personnel; equipment capable of recording activi- and ties within or adjacent to the facility; (5) In a facility with a public access (3) Maximizing the length of time area designated under § 105.106, provide such surveillance equipment can con- sufficient security personnel to mon- tinue to record; or itor all persons within the area. (4) Complying with the instructions (b) At MARSEC Level 2, in addition issued by those responding to the secu- to the requirements in paragraph (a) of rity incident. this section, the owner or operator of a [USCG–2003–14732, 68 FR 39322, July 1, 2003, as passenger or ferry facility with a pub- amended at 68 FR 60542, Oct. 22, 2003] lic access area designated under § 105.106 must increase the intensity of § 105.280 Security incident procedures. monitoring of the public access area. For each MARSEC Level, the facility (c) At MARSEC Level 3, in addition owner or operator must ensure the Fa- to the requirements in paragraph (a) of cility Security Officer and facility se- this section, the owner or operator of a curity personnel are able to: passenger or ferry facility with a pub- (a) Respond to security threats or lic access area designated under breaches of security and maintain crit- § 105.106 must increase the intensity of ical facility and vessel-to-facility interface operations; monitoring and assign additional secu- (b) Evacuate the facility in case of rity personnel to monitor the public security threats or breaches of secu- access area. rity; [USCG–2003–14732, 68 FR 39322, July 1, 2003, as (c) Report security incidents as re- amended at 68 FR 60542, Oct. 22, 2003; USCG– quired in § 101.305 of this subchapter; 2006–24196, 72 FR 3584, Jan. 25, 2007] (d) Brief all facility personnel on possible threats and the need for vigilance, § 105.290 Additional requirements— soliciting their assistance in reporting cruise ship terminals. suspicious persons, objects, or activi- At all MARSEC Levels, in coordina- ties; and tion with a vessel moored at the facil- (e) Secure non-critical operations in ity, the facility owner or operator order to focus response on critical op- must ensure the following security erations. measures: § 105.285 Additional requirements-pas- (a) Screen all persons, baggage, and senger and ferry facilities. personal effects for dangerous sub- (a) At all MARSEC Levels, the owner stances and devices; or operator of a passenger or ferry fa- (b) Check the identification of all cility must ensure, in coordination persons seeking to enter the facility. with a vessel moored at the facility, Persons holding a TWIC shall be that the following security measures checked as set forth in this part. For are implemented in addition to the re- persons not holding a TWIC, this check quirements of this part: includes confirming the reason for

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boarding by examining passenger tick- ators of CDC facilities must ensure the ets, boarding passes, government iden- facilities are continuously guarded and tification or visitor badges, or work or- restricted areas are patrolled. ders; [USCG–2003–14732, 68 FR 39322, July 1, 2003, as (c) Designate holding, waiting, or em- amended at 68 FR 60542, Oct. 22, 2003] barkation areas within the facility’s secure area to segregate screened per- § 105.296 Additional requirements- sons and their personal effects await- barge fleeting facilities. ing embarkation from unscreened per- (a) At MARSEC Level 1, in addition sons and their personal effects; to the requirements of this part, an (d) Provide additional security per- owner or operator of a barge fleeting sonnel to designated holding, waiting, facility must ensure the implementa- or embarkation areas within the facili- tion of the following security meas- ty’s secure area; and ures: (e) Deny individuals not holding a (1) Designate one or more restricted TWIC access to secure and restricted areas within the barge fleeting facility areas unless escorted. to handle those barges carrying, in [USCG–2006–24196, 72 FR 3585, Jan. 25, 2007] bulk, cargoes regulated by 46 CFR chapter I, subchapters D or O, or Cer- § 105.295 Additional requirements-Cer- tain Dangerous Cargoes; tain Dangerous Cargo (CDC) facili- (2) Maintain a current list of vessels ties. and cargoes in the designated re- (a) At all MARSEC Levels, owners or stricted area; and operators of CDC facilities must ensure (3) Ensure that at least one towing the implementation of the following vessel is available to service the fleet- security measures in addition to the ing facility for every 100 barges within requirements of this part: the facility. (1) Escort all visitors, contractors, (4) Control access to the barges once vendors, and other non-facility employ- tied to the fleeting area by imple- ees at all times while on the facility, if menting TWIC as described in § 105.255 access identification is not provided. of this part. Escort provisions do not apply to pre- (b) At MARSEC Level 2, in addition arranged cargo deliveries; to the requirements of this part and (2) Control the parking, loading, and MARSEC Level 1 requirements, an unloading of vehicles within a facility; owner or operator of a barge fleeting (3) Require security personnel to facility must ensure security personnel record or report their presence at key are assigned to monitor or patrol the points during their patrols; designated restricted area within the (4) Search unmanned or unmonitored barge fleeting facility. waterfront areas for dangerous sub- (c) At MARSEC Level 3, in addition stances and devices prior to a vessel’s to the requirements of this part and arrival at the facility; and MARSEC Level 2 requirements, an (5) Provide an alternate or inde- owner or operator of a barge fleeting pendent power source for security and facility must ensure that both land and communications systems. waterside perimeters of the designated (b) At MARSEC Level 2, in addition restricted area within the barge fleet- to the requirements for MARSEC Level ing facility are continuously mon- 1, owners or operators of CDC facilities itored or patrolled. must ensure the implementation of the following security measures: [USCG–2003–14732, 68 FR 39322, July 1, 2003, as (1) Release cargo only in the presence amended at 68 FR 60542, Oct. 22, 2003; USCG– 2006–24196, 72 FR 3585, Jan. 25, 2007] of the Facility Security Officer (FSO) or a designated representative of the FSO; and Subpart C—Facility Security (2) Continuously patrol restricted Assessment (FSA) areas. (c) At MARSEC Level 3, in addition § 105.300 General. to the requirements for MARSEC Level (a) The Facility Security Assessment 1 and MARSEC Level 2, owners or oper- (FSA) is a written document that is

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based on the collection of background (v) The emergency and stand-by information, the completion of an on- equipment available to maintain essen- scene survey and an analysis of that in- tial services; formation. (vi) The maintenance equipment, (b) A common FSA may be conducted cargo spaces, storage areas, and unac- for more than one similar facility pro- companied baggage storage; vided the FSA reflects any facility-spe- (vii) Location of escape and evacu- cific characteristics that are unique. ation routes and assembly stations; (c) Third parties may be used in any and aspect of the FSA if they have the ap- (viii) Existing security and safety propriate skills and if the Facility Se- equipment for protection of personnel curity Officer (FSO) reviews and ac- and visitors; cepts their work. (2) Response procedures for fire or (d) Those involved in a FSA must be other emergency conditions; able to draw upon expert assistance in (3) Procedures for monitoring facility the following areas, as appropriate: and vessel personnel, vendors, repair (1) Knowledge of current security technicians, and dock workers; threats and patterns; (4) Existing contracts with private (2) Recognition and detection of dan- security companies and existing agree- gerous substances and devices; ments with local or municipal agen- (3) Recognition of characteristics and cies; behavioral patterns of persons who are (5) Procedures for controlling keys likely to threaten security; and other access prevention systems; (4) Techniques used to circumvent se- (6) Procedures for cargo and vessel curity measures; stores operations; (5) Methods used to cause a security (7) Response capability to security incident; incidents; (6) Effects of dangerous substances (8) Threat assessments, including the and devices on structures and facility purpose and methodology of the assess- services; ment, for the port in which the facility (7) Facility security requirements; is located or at which passengers em- (8) Facility and vessel interface busi- bark or disembark; ness practices; (9) Previous reports on security (9) Contingency planning, emergency needs; and preparedness, and response; (10) Any other existing security pro- (10) Physical security requirements; cedures and systems, equipment, com- (11) Radio and telecommunications munications, and facility personnel. systems, including computer systems (b) On-scene survey. The facility and networks; owner or operator must ensure that an (12) Marine or civil engineering; and on-scene survey of each facility is con- (13) Facility and vessel operations. ducted. The on-scene survey examines and evaluates existing facility protec- § 105.305 Facility Security Assessment tive measures, procedures, and oper- (FSA) requirements. ations to verify or collect the informa- (a) Background. The facility owner or tion required in paragraph (a) of this operator must ensure that the fol- section. lowing background information, if ap- (c) Analysis and recommendations. In plicable, is provided to the person or conducting the FSA, the facility owner persons who will conduct the assess- or operator must ensure that the FSO ment: analyzes the facility background infor- (1) The general layout of the facility, mation and the on-scene survey, and including: considering the requirements of this (i) The location of each active and in- part, provides recommendations to es- active access point to the facility; tablish and prioritize the security (ii) The number, reliability, and secu- measures that should be included in rity duties of facility personnel; the FSP. The analysis must consider: (iii) Security doors, barriers, and (1) Each vulnerability found during lighting; the on-scene survey including but not (iv) The location of restricted areas; limited to:

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(i) Waterside and shore-side access to (vii) Use of a vessel moored at the fa- the facility and vessel berthing at the cility as a weapon or as a means to facility; cause damage or destruction; (ii) Structural integrity of the piers, (viii) Impact on the facility and its facilities, and associated structures; operations due to a blockage of en- (iii) Existing security measures and trances, locks, and approaches; and procedures, including identification (ix) Use of the facility as a transfer systems; point for nuclear, biological, radio- (iv) Existing security measures and logical, explosive, or chemical weap- procedures relating to services and ons; utilities; (3) Threat assessments by Govern- (v) Measures to protect radio and ment agencies; telecommunication equipment, includ- (4) Vulnerabilities, including human factors, in the facility’s infrastructure, ing computer systems and networks; policies and procedures; (vi) Adjacent areas that may be ex- (5) Any particular aspects of the fa- ploited during or for an attack; cility, including the vessels using the (vii) Areas that may, if damaged or facility, which make it likely to be the used for illicit observation, pose a risk target of an attack; to people, property, or operations with- (6) Likely consequences in terms of in the facility; loss of life, damage to property, and (viii) Existing agreements with pri- economic disruption, including disrup- vate security companies providing wa- tion to transportation systems, of an terside and shore-side security serv- attack on or at the facility; and ices; (7) Locations where access restric- (ix) Any conflicting policies between tions or prohibitions will be applied for safety and security measures and pro- each MARSEC Level. cedures; (d) FSA report. (1) The facility owner (x) Any conflicting facility oper- or operator must ensure that a written ations and security duty assignments; FSA report is prepared and included as (xi) Any enforcement and personnel part of the FSP. The report must con- constraints; tain: (xii) Any deficiencies identified dur- (i) A summary of how the on-scene ing daily operations or training and survey was conducted; drills; and (ii) A description of existing security (xiii) Any deficiencies identified fol- measures, including inspection, control lowing security incidents or alerts, the and monitoring equipment, personnel report of security concerns, the exer- identification documents and commu- cise of control measures, or audits; nication, alarm, lighting, access con- (2) Possible security threats, includ- trol, and similar systems; ing but not limited to: (iii) A description of each vulnerability found during the on-scene sur- (i) Damage to or destruction of the vey; facility or of a vessel moored at the fa- (iv) A description of security meas- cility; ures that could be used to address each (ii) Hijacking or seizure of a vessel vulnerability; moored at the facility or of persons on (v) A list of the key facility oper- board; ations that are important to protect; (iii) Tampering with cargo, essential and equipment or systems, or stores of a (vi) A list of identified weaknesses, vessel moored at the facility; including human factors, in the infra- (iv) Unauthorized access or use in- structure, policies, and procedures of cluding the presence of stowaways; the facility. (v) Smuggling dangerous substances (2) A FSA report must describe the and devices to the facility; following elements within the facility: (vi) Use of a vessel moored at the fa- (i) Physical security; cility to carry those intending to cause (ii) Structural integrity; a security incident and their equip- (iii) Personnel protection systems; ment; (iv) Procedural policies;

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(v) Radio and telecommunication (e) The FSA, FSA report, and FSP systems, including computer systems must be protected from unauthorized and networks; access or disclosure. (vi) Relevant transportation infra- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as structure; and amended at 68 FR 60542, Oct. 22, 2003] (vii) Utilities. (3) The FSA report must list the per- § 105.310 Submission requirements. sons, activities, services, and operations that are important to protect, (a) A completed FSA report must be in each of the following categories: submitted with the Facility Security (i) Facility personnel; Plan required in § 105.410 of this part. (ii) Passengers, visitors, vendors, re- (b) A facility owner or operator may pair technicians, vessel personnel, etc.; generate and submit a report that con- (iii) Capacity to maintain emergency tains the Facility Security Assessment response; for more than one facility subject to (iv) Cargo, particularly dangerous this part, to the extent that they share goods and hazardous substances; similarities in design and operations, if (v) Delivery of vessel stores; authorized and approved by the cog- (vi) Any facility security commu- nizant COTP. nication and surveillance systems; and (c) The FSA must be reviewed and (vii) Any other facility security sys- validated, and the FSA report must be tems, if any. updated each time the FSP is sub- (4) The FSA report must account for mitted for reapproval or revisions. any vulnerabilities in the following [USCG–2003–14732, 68 FR 39322, July 1, 2003, as areas: amended at 68 FR 60542, Oct. 22, 2003] (i) Conflicts between safety and security measures; Subpart D—Facility Security Plan (ii) Conflicts between duties and security assignments; (FSP) (iii) The impact of watch-keeping du- § 105.400 General. ties and risk of fatigue on facility personnel alertness and performance; (a) The Facility Security Officer (iv) Security training deficiencies; (FSO) must ensure a Facility Security and Plan (FSP) is developed and imple- (v) Security equipment and systems, mented for each facility for which he including communication systems. or she is designated as FSO. The FSP: (5) The FSA report must discuss and (1) Must identify the FSO by name evaluate key facility measures and op- and position, and provide 24-hour con- erations, including: tact information; (i) Ensuring performance of all secu- (2) Must be written in English; rity duties; (3) Must address each vulnerability (ii) Controlling access to the facility, identified in the Facility Security As- through the use of identification sys- sessment (FSA); tems or otherwise; (4) Must describe security measures (iii) Controlling the embarkation of for each MARSEC Level; and vessel personnel and other persons and (5) May cover more than one facility their effects (including personal effects to the extent that they share similar- and baggage whether accompanied or ities in design and operations, if au- unaccompanied); thorized and approved by the cognizant (iv) Procedures for the handling of COTP. cargo and the delivery of vessel stores; (b) The FSP must be submitted for (v) Monitoring restricted areas to en- approval to the cognizant COTP in a sure that only authorized persons have written or electronic format. Informa- access; tion for submitting the FSP electroni- (vi) Monitoring the facility and areas cally can be found at http:// adjacent to the pier; and www.uscg.mil/HQ/MSC. (vii) The ready availability of secu- (c) The FSP is sensitive security in- rity communications, information, and formation and must be protected in ac- equipment. cordance with 49 CFR part 1520.

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(d) If the FSP is kept in an electronic dures until the next regularly sched- format, procedures must be in place to uled resubmission of the FSP. prevent its unauthorized deletion, de- (c) The Facility Vulnerability and struction, or amendment. Security Measures Summary (Form CG–6025) must be completed using in- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as formation in the FSA concerning iden- amended at 68 FR 60542, Oct. 22, 2003] tified vulnerabilities and information § 105.405 Format and content of the in the FSP concerning security meas- Facility Security Plan (FSP). ures in mitigation of these vulnerabilities. (a) A facility owner or operator must ensure that the FSP consists of the in- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as dividual sections listed in this para- amended by USCG–2006–24196, 72 FR 3585, graph (a). If the FSP does not follow Jan. 25, 2007] the order as it appears in the list, the § 105.410 Submission and approval. facility owner or operator must ensure that the FSP contains an index identi- (a) On or before December 31, 2003, fying the location of each of the fol- the owner or operator of each facility lowing sections: currently in operation must either: (1) Security administration and orga- (1) Submit one copy of their Facility nization of the facility; Security Plan (FSP) for review and ap- (2) Personnel training; proval to the cognizant COTP and a (3) Drills and exercises; letter certifying that the FSP meets (4) Records and documentation; applicable requirements of this part; or (2) If intending to operate under an (5) Response to change in MARSEC Approved Security Program, a letter Level; signed by the facility owner or oper- (6) Procedures for interfacing with ator stating which approved Alter- vessels; native Security Program the owner or (7) Declaration of Security (DoS); operator intends to use. (8) Communications; (b) Owners or operators of facilities (9) Security systems and equipment not in service on or before December maintenance; 31, 2003, must comply with the require- (10) Security measures for access con- ments in paragraph (a) of this section trol, including designated public access 60 days prior to beginning operations areas; or by December 31, 2003, whichever is (11) Security measures for restricted later. areas; (c) The cognizant COTP will examine (12) Security measures for handling each submission for compliance with cargo; this part and either: (13) Security measures for delivery of (1) Approve it and specify any condi- vessel stores and bunkers; tions of approval, returning to the sub- (14) Security measures for moni- mitter a letter stating its acceptance toring; and any conditions; (15) Security incident procedures; (2) Return it for revision, returning a (16) Audits and security plan amend- copy to the submitter with brief de- ments; scriptions of the required revisions; or (17) Facility Security Assessment (3) Disapprove it, returning a copy to (FSA) report; and the submitter with a brief statement of (18) Facility Vulnerability and Secu- the reasons for disapproval. rity Measures Summary (Form CG– (d) An FSP may be submitted and ap- 6025) in appendix A to part 105–Facility proved to cover more than one facility Vulnerability and Security Measures where they share similarities in design Summary (CG–6025). and operations, if authorized and ap- (b) The FSP must describe in detail proved by each cognizant COTP. how the requirements of subpart B of (e) Each facility owner or operator this part will be met. FSPs that have that submits one FSP to cover two or been approved by the Coast Guard prior more facilities of similar design and to March 26, 2007, do not need to be operation must address facility-specific amended to describe their TWIC proce- information that includes the design

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and operational characteristics of each rapid means practicable as to the na- facility and must complete a separate ture of the additional measures, the Facility Vulnerability and Security circumstances that prompted these ad- Measures Summary (Form CG–6025), in ditional measures, and the period of appendix A to part 105—Facility Vul- time these additional measures are ex- nerability and Security Measures Sum- pected to be in place. mary (CG–6025), for each facility cov- (4) If there is a change in the owner ered by the plan. or operator, the Facility Security Offi- (f) A FSP that is approved by the cer (FSO) must amend the FSP to in- cognizant COTP is valid for five years clude the name and contact informa- from the date of its approval. tion of the new facility owner or operator and submit the affected portion of [USCG–2003–14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003, as amended at 68 FR the FSP for review and approval in ac- 60542, Oct. 22, 2003; USCG–2004–19963, 70 FR cordance with § 105.410 if this subpart. 74669, Dec. 16, 2005] (b) Audits. (1) The FSO must ensure an audit of the FSP is performed annu- § 105.415 Amendment and audit. ally, beginning no later than one year (a) Amendments. (1) Amendments to a from the initial date of approval, and Facility Security Plan (FSP) that is attach a letter to the FSP certifying approved by the cognizant COTP may that the FSP meets the applicable re- be initiated by: quirements of this part. (i) The facility owner or operator; or (2) The FSP must be audited if there (ii) The cognizant COTP upon a de- is a change in the facility’s ownership termination that an amendment is or operator, or if there have been modi- needed to maintain the facility’s secu- fications to the facility, including but rity. The cognizant COTP, who will not limited to physical structure, give the facility owner or operator emergency response procedures, secu- written notice and request that the fa- rity measures, or operations. cility owner or operator propose (3) Auditing the FSP as a result of amendments addressing any matters modifications to the facility may be specified in the notice. The facility limited to those sections of the FSP af- owner or operator will have at least 60 fected by the facility modifications. days to submit its proposed amend- (4) Unless impracticable due to the ments. Until amendments are ap- size and nature of the company or the proved, the facility owner or operator facility, personnel conducting internal shall ensure temporary security meas- audits of the security measures speci- ures are implemented to the satisfac- fied in the FSP or evaluating its imple- tion of the COTP. mentation must: (2) Proposed amendments must be (i) Have knowledge of methods for submitted to the cognizant COTP. If conducting audits and inspections, and initiated by the facility owner or oper- security, control, and monitoring tech- ator, the proposed amendment must be niques; submitted at least 30 days before the (ii) Not have regularly assigned secu- amendment is to take effect unless the rity duties; and cognizant COTP allows a shorter pe- (iii) Be independent of any security riod. The cognizant COTP will approve measures being audited. or disapprove the proposed amendment (5) If the results of an audit require in accordance with § 105.410 of this sub- amendment of either the FSA or FSP, part. the FSO must submit, in accordance (3) Nothing in this section should be with § 105.410 of this subpart, the construed as limiting the facility amendments to the cognizant COTP for owner or operator from the timely im- review and approval no later than 30 plementation of such additional secu- days after completion of the audit and rity measures not enumerated in the a letter certifying that the amended approved FSP as necessary to address FSP meets the applicable requirements exigent security situations. In such of this part. cases, the owner or operator must no- [USCG–2003–14732, 68 FR 39322, July 1, 2003, as tify the cognizant COTP by the most amended at 68 FR 60542, Oct. 22, 2003]

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APPENDIX A TO PART 105—FACILITY VULNERABILITY AND SECURITY MEASURES SUMMARY (FORM CG–6025)

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[USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60543, Oct. 22, 2003]

PART 106—MARINE SECURITY: 106.140 Maritime Security (MARSEC) Direc- tive. OUTER CONTINENTAL SHELF 106.145 Right to appeal. (OCS) FACILITIES Subpart B—Outer Continental Shelf (OCS) Subpart A—General Facility Security Requirements

Sec. 106.200 Owner or operator. 106.100 Definitions. 106.205 Company Security Officer (CSO). 106.210 Facility Security Officer (FSO). 106.105 Applicability. 106.215 Company or OCS facility personnel 106.110 Compliance dates. with security duties. 106.115 Compliance documentation. 106.220 Security training for all other OCS 106.120 Noncompliance. facility personnel. 106.125 Waivers. 106.225 Drill and exercise requirements. 106.130 Equivalents. 106.230 OCS facility recordkeeping require- 106.135 Alternative Security Program. ments.

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106.235 Maritime Security (MARSEC) Level (1) Hosts more than 150 persons for 12 coordination and implementation. hours or more in each 24-hour period 106.240 Communications. continuously for 30 days or more; 106.245 Procedures for interfacing with ves- (2) Produces greater than 100,000 bar- sels. rels of oil per day; or 106.250 Declaration of Security (DoS). 106.255 Security systems and equipment (3) Produces greater than 200 million maintenance. cubic feet of natural gas per day. 106.260 Security measures for access con- (b) The TWIC requirements found in trol. this part do not apply to mariners em- 106.262 Security measures for newly-hired ployed aboard vessels moored at U.S. employees. OCS facilities only when they are 106.265 Security measures for restricted working immediately adjacent to their areas. vessels in the conduct of vessel activi- 106.270 Security measures for delivery of ties. stores and industrial supplies. 106.275 Security measures for monitoring. [USCG–2003–14759, 68 FR 39345, July 1, 2003, as 106.280 Security incident procedures. amended by USCG–2006–24196, 72 FR 55048, Sept. 28, 2007] Subpart C—Outer Continental Shelf (OCS) Facility Security Assessment (FSA) § 106.110 Compliance dates. (a) On or before December 31, 2003, 106.300 General. 106.305 Facility Security Assessment (FSA) OCS facility owners or operators must requirements. submit to the cognizant District Com- 106.310 Submission requirements. mander for each OCS facility— (1) The Facility Security Plan de- Subpart D—Outer Continental Shelf (OCS) scribed in subpart D of this part for re- Facility Security Plan (FSP) view and approval; or (2) If intending to operate under an 106.400 General. approved Alternative Security Pro- 106.405 Format and Content of the Facility Security Plan (FSP). gram, a letter signed by the OCS facil- 106.410 Submission and approval. ity owner or operator stating which ap- 106.415 Amendment and audit. proved Alternative Security Program the owner or operator intends to use. AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. (b) On or before July 1, 2004, each Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04– 11, 6.14, 6.16, and 6.19; Department Of Home- OCS facility owner or operator must be land Security Delegation No. 0170.1. operating in compliance with this part. (c) OCS facilities built on or after SOURCE: USCG–2003–14759, 68 FR 39345, July July 1, 2004, must submit for approval 1, 2003, unless otherwise noted. an FSP 60 days prior to beginning operations. Subpart A—General (d) Persons required to obtain a TWIC under this part may enroll begin- § 106.100 Definitions. ning after the date set by the Coast Except as specifically stated in this Guard in a Notice to be published in subpart, the definitions in part 101 of the FEDERAL REGISTER. This notice this subchapter apply to this part. will be directed to all facilities and vessels within a specific COTP zone. § 106.105 Applicability. (e) Facility owners or operators must (a) The requirements in this part be operating in accordance with the apply to owners and operators of any TWIC provisions in this part by the fixed or floating facility, including date set by the Coast Guard in a Notice MODUs not subject to part 104 of this to be published in the FEDERAL REG- subchapter, operating on the Outer ISTER. This Notice will be published at Continental Shelf (OCS) of the United least 90 days before compliance must States for the purposes of engaging in begin, and will be directed to all facili- the exploration, development, or pro- ties within a specific Captain of the duction of oil, natural gas, or mineral Port zone, based on whether enroll- resources that are regulated by 33 CFR ment has been completed in that zone. subchapter N, that meet the following Unless an earlier compliance date is operating conditions: specified in this manner, all facility

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owner or operators will need to imple- § 106.125 Waivers. ment their TWIC provisions no later Any OCS facility owner or operator than April 15, 2009. may apply for a waiver of any require- [USCG–2003–14759, 68 FR 39345, July 1, 2003, as ment of this part that the OCS facility amended at 68 FR 60557, Oct. 22, 2003; USCG– owner or operator considers unneces- 2006–24196, 72 FR 3585, Jan. 25, 2007; 73 FR 25565, May 7, 2008] sary in light of the nature or operating conditions of the OCS facility. A re- § 106.115 Compliance documentation. quest for a waiver must be submitted Each OCS facility owner or operator in writing with justification to the cog- subject to this part must ensure before nizant District Commander. The cog- July 1, 2004, that copies of the fol- nizant District Commander may re- lowing documentation are available at quire the OCS facility owner or oper- the OCS facility and are made avail- ator to provide additional data for use able to the Coast Guard upon request: in determining the validity of the re- (a) The approved Facility Security quested waiver. The cognizant District Plan (FSP) and any approved revisions Commander may grant a waiver, in or amendments thereto, and a letter of writing, with or without conditions approval from the cognizant District only if the waiver will not reduce the Commander dated within the last 5 overall security of the OCS facility, its years; personnel, or visiting vessels. (b) The FSP submitted for approval and current written acknowledgment § 106.130 Equivalents. from the cognizant District Com- For any measure required by this mander, stating that the Coast Guard part, the OCS facility owner or oper- is currently reviewing the FSP sub- ator may propose an equivalent, as pro- mitted for approval and that the OCS facility may continue to operate so vided in § 101.130 of this subchapter. long as the OCS facility remains in § 106.135 Alternative Security Pro- compliance with the submitted FSP; or gram. (c) For OCS facilities operating under a Coast Guard-approved Alternative An OCS facility owner or operator Security Program as provided in may use an Alternative Security Pro- § 106.135, a copy of the Alternative Se- gram approved under § 101.120 of this curity Program the OCS facility is subchapter if: using, including a facility specific se- (a) The Alternative Security Pro- curity assessment report generated gram is appropriate to that OCS facil- under the Alternative Security Pro- ity; gram, as specified in § 101.120(b)(3) of (b) The OCS facility does not serve this subchapter, and a letter signed by vessels on international voyages; and the OCS facility owner or operator, (c) The Alternative Security Pro- stating which Alternative Security gram is implemented in its entirety. Program the OCS facility is using and certifying that the OCS facility is in § 106.140 Maritime Security (MARSEC) full compliance with that program. Directive. [USCG–2003–14759, 68 FR 39345, July 1, 2003, as All OCS facility owners or operators amended at 68 FR 60558, Oct. 22, 2003] subject to this part must comply with § 106.120 Noncompliance. any instructions contained in a MARSEC Directive issued under When an OCS facility must tempo- § 101.405 of this subchapter. rarily deviate from the requirements of this part, the OCS facility owner or op- § 106.145 Right to appeal. erator must notify the cognizant Dis- trict Commander, and either suspend Any person directly affected by a de- operations or request and receive per- cision or action taken under this part, mission from the District Commander by or on behalf of the Coast Guard, to continue operating. may appeal as described in § 101.420 of this subchapter. [USCG–2003–14759, 68 FR 60558, Oct. 22, 2003]

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Subpart B—Outer Continental (10) Ensure consistency between secu- Shelf (OCS) Facility Security rity requirements and safety require- Requirements ments; (11) Inform OCS facility personnel of § 106.200 Owner or operator. their responsibility to apply for and maintain a TWIC, including the dead- (a) Each OCS facility owner or oper- lines and methods for such applica- ator must ensure that the OCS facility tions, and of their obligation to inform operates in compliance with the re- TSA of any event that would render quirements of this part. them ineligible for a TWIC, or which (b) For each OCS facility, the OCS fa- would invalidate their existing TWIC; cility owner or operator must: (12) Ensure that protocols consistent (1) Define the security organizational structure for each OCS facility and with § 106.260(c) of this part, for dealing provide each person exercising security with individuals requiring access who duties or responsibilities within that report a lost, damaged, or stolen TWIC, structure the support needed to fulfill or who have applied for and not yet re- those obligations; ceived a TWIC, are in place; and (2) Designate in writing, by name or (13) If applicable, ensure that proto- title, a Company Security Officer cols consistent with § 106.262 of this (CSO) and a Facility Security Officer part, for dealing with newly hired em- (FSO) for each OCS facility and iden- ployees who have applied for and not tify how those officers can be con- yet received a TWIC, are in place. tacted at any time; [USCG–2003–14759, 68 FR 39345, July 1, 2003, as (3) Ensure that a Facility Security amended at 68 FR 60558, Oct. 22, 2003; USCG– Assessment (FSA) is conducted; 2006–24196, 72 FR 3585, Jan. 25, 2007] (4) Ensure the development and submission for approval of a Facility Se- § 106.205 Company Security Officer curity Plan (FSP); (CSO). (5) Ensure that the OCS facility oper- (a) General. (1) An OCS facility owner ates in compliance with the approved or operator may designate a single CSO FSP; for all its OCS facilities to which this (6) Ensure that the TWIC program is part applies, or may designate more properly implemented as set forth in than one CSO, in which case the owner this part, including: or operator must clearly identify the (i) Ensuring that only individuals OCS facilities for which each CSO is re- who hold a TWIC and are authorized to sponsible. be in the secure area are permitted to (2) A CSO may perform other duties escort; and within the owner’s or operator’s orga- (ii) Identifying what action is to be nization, including the duties of a Fa- taken by an escort, or other authorized cility Security Officer, provided he or individual, should individuals under es- she is able to perform the duties and cort engage in activities other than responsibilities required of the CSO. those for which escorted access was (3) The CSO may delegate duties re- granted. quired by this part, but remains re- (7) Ensure that adequate coordina- sponsible for the performance of those tion of security issues takes place be- duties. tween OCS facilities and vessels, in- (4) The CSO must maintain a TWIC. cluding the execution of a Declaration (b) Qualifications. The CSO must have of Security (DoS) as required by this general knowledge, through training or part; equivalent job experience, in the fol- (8) Ensure, within 12 hours of notifi- lowing: cation of an increase in MARSEC (1) Security administration and orga- Level, implementation of the addi- nization of the OCS facility; tional security measures required by (2) OCS facility and vessel operations the FSP for the new MARSEC Level; and conditions; (9) Ensure all breaches of security (3) OCS facility and vessel security and security incidents are reported in measures including the meaning and accordance with part 101 of this sub- consequential requirements of the dif- chapter; ferent MARSEC Levels;

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(4) Emergency preparedness and re- (4) Ensure that the FSP is modified sponse and contingency planning; when necessary to comply with this (5) Security equipment and systems part; and their operational limitations; (5) Ensure that OCS facility security (6) Methods of conducting audits, in- activities are audited in compliance spection, control, and monitoring; and with this part; (7) Techniques for security training (6) Ensure the timely correction of and education, including security problems identified by audits or inspec- measures and procedures. tions; (c) In addition to the knowledge and (7) Enhance security awareness and vigilance within the owner’s or opera- training in paragraph (b) of this sector’s organization; tion, the CSO must have general (8) Ensure relevant personnel receive knowledge, through training or equiva- adequate security training in compli- lent job experience, in the following, as ance with this part; appropriate: (9) Ensure communication and co- (1) Relevant international conven- operation between the OCS facility and tions, codes, and recommendations; vessels that interface with it, in com- (2) Relevant government legislation pliance with this part; and regulations; (10) Ensure consistency between secu- (3) Responsibilities and functions of rity requirements and safety require- other security organizations; ments in compliance with this part; (4) Methodology of Facility Security (11) Ensure that if a common FSP is Assessment. prepared for more than one similar (5) Methods of OCS facility security OCS facility, the FSP reflects any OCS surveys and inspections; facility specific characteristics; and (6) Handling sensitive security infor- (12) Ensure compliance with an Alter- mation (SSI) and security related com- native Security Program or equiva- munications; lents approved under this subchapter, (7) Knowledge of current security if appropriate. threats and patterns; (13) Ensure the TWIC program is (8) Recognition and detection of dan- being properly implemented. gerous substances and devices; [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 (9) Recognition of characteristics and FR 41917, July 16, 2003, as amended at 68 FR behavioral patterns of persons who are 60558, Oct. 22, 2003; USCG–2006–24196, 72 FR likely to threaten security; 3585, Jan. 25, 2007] (10) Techniques used to circumvent § 106.210 OCS Facility Security Officer security measures; (FSO). (11) Methods of physical screening (a) General. (1) The FSO may perform and non-intrusive inspections; and other duties within the owner’s or op- (12) Conducting and assessing secu- erator’s organization, provided he or rity drills and exercises. she is able to perform the duties and (13) Knowledge of TWIC require- responsibilities required of the FSO of ments. each such OCS facility. (d) Responsibilities. In addition to any (2) The same person may serve as the other duties required by this part, for FSO for more than one OCS facility, each OCS facility for which the CSO is provided the facilities are within a rea- responsible, the CSO must: sonable proximity to each other. If a (1) Keep the OCS facility apprised of person serves as the FSO for more than potential threats or other information one OCS facility, the name of each OCS relevant to its security; facility for which he or she is the FSO (2) Ensure that a Facility Security must be listed in the Facility Security Assessment (FSA) is carried out in Plan (FSP) of each OCS facility for compliance with this part; which he or she is the FSO. (3) Ensure that a Facility Security (3) The FSO may assign security du- Plan (FSP) is developed, approved, ties to other OCS facility personnel; maintained, and implemented in com- however, the FSO remains responsible pliance with this part; for these duties.

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(4) The FSO must maintain a TWIC. (13) Ensure that when changes in the (b) Qualifications. The FSO must have MARSEC Level are attained they are general knowledge, through training or recorded and reported to the CSO, OCS equivalent job experience, in the fol- facility owner or operator, and the cog- lowing: nizant District Commander; and (1) Those items listed in § 106.205(b), (14) Have prompt access to a copy of and as appropriate § 106.205(c), of this the FSA, along with an approved copy part; of the FSP. (2) OCS facility layout; (15) Ensure the TWIC program is (3) The FSP and related procedures; properly implemented. and (4) Operation, testing and mainte- [USCG–2003–14759, 68 FR 39345, July 1, 2003, as nance of security equipment and sys- amended by USCG–2006–24196, 72 FR 3585, tems. Jan. 25, 2007] (c) Responsibilities. In addition to any other responsibilities specified else- § 106.215 Company or OCS facility per- where in this part, the FSO must, for sonnel with security duties. each OCS facility for which he or she Company and OCS facility personnel has been designated: responsible for security duties must (1) Regularly inspect the OCS facility maintain a TWIC, and must have to ensure that security measures are knowledge, through training or equiva- maintained in compliance with this lent job experience, in the following, as part; appropriate: (2) Ensure the maintenance of and su- (a) Knowledge of current and antici- pervision of the implementation of the pated security threats and patterns. FSP, and any amendments to the FSP, (b) Recognition and detection of dan- in compliance with this part; (3) Ensure the coordination and han- gerous substances and devices; dling of stores and industrial supplies (c) Recognition of characteristics and in compliance with this part; behavioral patterns of persons who are (4) Where applicable, propose modi- likely to threaten security; fications to the FSP to the Company (d) Recognition of techniques used to Security Officer (CSO); circumvent security measures; (5) Ensure that any problems identi- (e) Security related communications; fied during audits or inspections are re- (f) Knowledge of emergency proce- ported to the CSO, and promptly imple- dures and contingency plans; ment any corrective actions; (g) Operation of security equipment (6) Ensure security awareness and and systems; vigilance on board the OCS facility; (h) Testing, calibration, and mainte- (7) Ensure adequate security training nance of security equipment and sys- for OCS facility personnel in compli- tems; ance with this part; (i) Inspection, control, and moni- (8) Ensure the reporting and recording of all security incidents in compli- toring techniques; ance with this part; (j) Methods of physical screenings of (9) Ensure the coordinated implemen- persons, personal effects, stores and in- tation of the FSP with the CSO; dustrial supplies; (10) Ensure that security equipment (k) Familiarity with all relevant as- is properly operated, tested, calibrated pects of the TWIC program and how to and maintained in compliance with carry them out; this part; (l) Relevant provisions of the Facil- (11) Ensure consistency between secu- ity Security Plan (FSP); and rity requirements and the proper treat- (m) The meaning and the consequen- ment of OCS facility personnel affected tial requirements of the different by those requirements; MARSEC Levels. (12) Ensure that occurrences that threaten the security of the OCS facil- [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 ity are recorded and reported to the FR 41917, July 16, 2003, as amended by USCG– CSO; 2006–24196, 72 FR 3586, Jan. 25, 2007]

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§ 106.220 Security training for all cility, and other relevant cir- other OCS facility personnel. cumstances. Examples of drills include All other OCS facility personnel, in- unauthorized entry to a restricted cluding contractors, whether part- area, response to alarms, and notifica- time, full-time, temporary, or perma- tion of appropriate authorities. nent, must have knowledge, through (3) If a vessel is conducting oper- training or equivalent job experience, ations with the OCS facility on the of the following, as appropriate: date the OCS facility has planned to (a) Relevant provisions of the Facil- conduct any drills, the OCS facility ity Security Plan (FSP); may include, but cannot require, the (b) The meaning and the consequen- vessel or vessel personnel to partici- tial requirements of the different pate in the OCS facility’s scheduled MARSEC Levels including emergency drill. procedures and contingency plans; (c) Exercises. (1) From the date of the (c) Recognition and detection of dan- FSP approval, exercises must be con- gerous substances and devices; ducted at least once each calendar (d) Recognition of characteristics and year, with no more than 18 months be- behavioral patterns of persons who are tween exercises. likely to threaten security; and (2) Exercises may be: (e) Recognition of techniques used to (i) Full scale or live; circumvent security measures. (ii) Tabletop simulation; (f) Familiarity with all relevant as- (iii) Combined with other appropriate pects of the TWIC program and how to exercises held; or carry them out. (iv) A combination of the elements in [USCG–2003–14759, 68 FR 39345, July 1, 2003, as paragraphs (c)(2)(i) through (iii) of this amended at 68 FR 60558, Oct. 22, 2003; USCG– section. 2006–24196, 72 FR 3586, Jan. 25, 2007] (3) Exercises may be facility-specific or part of a cooperative exercise pro- § 106.225 Drill and exercise require- gram. ments. (4) Each exercise must test commu- (a) General. (1) Drills and exercises nication and notification procedures, must test the proficiency of facility and elements of coordination, resource personnel in assigned security duties at availability, and response. all MARSEC Levels and the effective (5) Exercises are a full test of the Fa- implementation of the Facility Secu- cility Security Plan and must include rity Plan (FSP). They must enable the substantial and active participation of Facility Security Officer (FSO) to iden- relevant company and OCS facility per- tify any related security deficiencies sonnel, and may include governmental that need to be addressed. authorities and vessels depending on (2) A drill or exercise required by this the scope and the nature of the exer- section may be satisfied with the im- cise. plementation of security measures required by the FSP as the result of an [USCG–2003–14759, 68 FR 39345, July 1, 2003, as increase in the MARSEC Level, pro- amended at 68 FR 60558, Oct. 22, 2003] vided the FSO reports attainment to the cognizant District Commander. § 106.230 OCS facility recordkeeping (b) Drills. (1) From the date of the requirements. FSP approval, the FSO must ensure (a) Unless otherwise specified in this that at least one security drill is con- section, the Facility Security Officer ducted every 3 months. Security drills (FSO) must keep records of the activi- may be held in conjunction with non- ties as set out in paragraph (b) of this security drills, where appropriate. section for at least 2 years and make (2) Drills must test individual ele- them available to the Coast Guard ments of the FSP, including response upon request. to security threats and incidents. (b) Records required by this section Drills should take into account the may be kept in electronic format. If types of operations of the OCS facility, kept in an electronic format, they OCS facility personnel changes, the must be protected against unauthor- types of vessels calling at the OCS fa- ized access, deletion, destruction,

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amendment, and disclosure. The fol- within 96 hours of the MARSEC Level lowing records must be kept: change are notified of the new (1) Training. For training under MARSEC Level and the Declaration of § 106.215, the date of each session, dura- Security (DoS), if applicable, is revised tion of session, a description of the as necessary; training, and a list of attendees; (2) The OCS facility complies with (2) Drills and exercises. For each drill the required additional security meas- or exercise, the date held, a description ures within 12 hours; and of the drill or exercise, a list of partici- (3) The OCS facility reports compli- pants, and any best practices or lessons ance or noncompliance to the cog- learned which may improve the FSP; (3) Incidents and breaches of security. nizant District Commander. Date and time of occurrence, location (c) For MARSEC Levels 2 and 3, the within the OCS facility, a description Facility Security Officer (FSO) must of the incident or breach, the identity inform all OCS facility personnel about of the individual to whom it was re- identified threats, emphasize reporting ported, and a description of the re- procedures, and stress the need for in- sponse; creased vigilance. (4) Changes in MARSEC Levels. Date (d) An OCS facility owner or operator and time of the notification received, whose facility is not in compliance and the time of compliance with addi- with the requirements of this section tional requirements; must so inform the cognizant District (5) Maintenance, calibration, and test- Commander and obtain approval prior ing of security equipment. For each oc- to interfacing with another vessel or currence of maintenance, calibration, prior to continuing operations. and testing, record the date and time, and the specific security equipment in- [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 volved; FR 41917, July 16, 2003] (6) Security threats. Date and time of occurrence, how the threat was com- § 106.240 Communications. municated, who received or identified (a) The Facility Security Officer the threat, a description of the threat, (FSO) must have a means to effectively to whom it was reported, and a descrip- notify OCS facility personnel of tion of the response; changes in security conditions at the (7) Declaration of Security (DoS). A OCS facility. copy of each DoS for at least 90 days (b) Communication systems and pro- after the end of its effective period; and cedures must allow effective and con- (8) Annual audit of the Facility Secu- tinuous communications between the rity Plan (FSP). For each annual audit, OCS facility security personnel, vessels a letter certified by the FSO stating the date the audit was conducted. interfacing with the OCS facility, the cognizant District Commander, and na- [USCG–2003–14759, 68 FR 39345, July 1, 2003, as tional and local authorities with secu- amended at 68 FR 60558, Oct. 22, 2003] rity responsibilities. § 106.235 Maritime Security (MARSEC) (c) Facility communications systems Level coordination and implemen- must have a backup means for both in- tation. ternal and external communications. (a) The OCS facility owner or oper- [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 ator must ensure the OCS facility oper- FR 41917, July 16, 2003] ates in compliance with the security requirements in this part for the § 106.245 Procedures for interfacing MARSEC Level in effect for the OCS with vessels. facility. The OCS facility owner or operator (b) When notified of an increase in must ensure that there are measures the MARSEC Level, the OCS facility for interfacing with vessels at all owner or operator must ensure: MARSEC Levels. (1) Vessels conducting operations with the OCS facility and vessels scheduled to arrive at the OCS facility

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§ 106.250 Declaration of Security tained according to manufacturers’ (DoS). recommendations. (a) Each OCS facility owner or oper- (b) Security systems must be regu- ator must ensure procedures are estab- larly tested in accordance with the lished for requesting a DoS and for manufacturers’ recommendations; handling DoS requests from vessels. noted deficiencies corrected promptly; (b) At MARSEC Level 1, owners or and the results recorded as required in operators of OCS facilities interfacing § 106.230(b)(5) of this part. with a manned vessel carrying Certain (c) The Facility Security Plan (FSP) Dangerous Cargoes, in bulk, must: must include procedures for identifying (1) Prior to the arrival of a vessel to and responding to security system and the OCS facility, ensure the Facility equipment failures or malfunctions. Security Officer (FSO) and Master, Vessel Security Officer (VSO), or their § 106.260 Security measures for access designated representatives coordinate control. security needs and procedures, and (a) General. The OCS facility owner agree upon the contents of a DoS for or operator must ensure the implemen- the period of time the vessel is at the tation of security measures to: OCS facility; and (1) Deter the unauthorized introduc- (2) Upon the arrival of the vessel at tion of dangerous substances and de- the OCS facility, the FSO and Master, vices, including any device intended to VSO, or their designated representa- damage or destroy persons, vessels, or tives, must sign the written DoS. the OCS facility; (c) Neither the OCS facility nor the (2) Secure dangerous substances and vessel may embark or disembark per- devices that are authorized by the OCS sonnel, or transfer stores or industrial facility owner or operator to be on supplies until the DoS has been signed. board; (d) At MARSEC Levels 2 and 3, the FSOs of OCS facilities interfacing with (3) Control access to the OCS facility; manned vessels subject to part 104 of and this chapter, or their designated rep- (4) Prevent an unescorted individual resentatives, must sign and implement from entering the OCS facility unless DoSs as required in paragraphs (b)(1) the individual holds a duly issued and (b)(2) of this section. TWIC and is authorized to be on the (e) At MARSEC Levels 1 and 2, FSOs OCS facility. of OCS facilities that frequently inter- (b) The OCS facility owner or oper- face with the same vessel may imple- ator must ensure that the following are ment a continuing DoS for multiple specified: visits, provided that: (1) All locations providing means of (1) The DoS is valid for a specific access to the OCS facility where access MARSEC Level; restrictions or prohibitions are applied (2) The effective period at MARSEC for each security level to prevent unau- Level 1 does not exceed 90 days; and thorized access, including those points (3) The effective period at MARSEC where TWIC access control procedures Level 2 does not exceed 30 days. will be applied; (f) When the MARSEC Level in- (2) The identification of the types of creases beyond that contained in the restriction or prohibition to be applied DoS, the continuing DoS is void and a and the means of enforcing them; new DoS must be executed in accord- (3) The means used to establish the ance with this section. identity of individuals not in posses- [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 sion of a TWIC and the means by which FR 41917, July 16, 2003, as amended at 68 FR they will be allowed access to the OCS 60558, Oct. 22, 2003] facility; and (4) Procedures for identifying author- § 106.255 Security systems and equip- ized and unauthorized persons at any ment maintenance. MARSEC level. (a) Security systems and equipment (c) The OCS facility owner or oper- must be in good working order and in- ator must ensure that a TWIC program spected, tested, calibrated, and main- is implemented as follows:

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(1) All persons seeking unescorted ac- tem, ensure that it is coordinated with cess to secure areas must present their identification and TWIC systems in TWIC for inspection before being al- place on vessels conducting operations lowed unescorted access, in accordance with the OCS facility. with § 101.514 of this subchapter. Inspec- (e) The OCS facility owner or oper- tion must include: ator must establish in the approved Fa- (i) A match of the photo on the TWIC cility Security Plan (FSP) the fre- to the individual presenting the TWIC; quency of application of any access (ii) Verification that the TWIC has controls, particularly if they are to be not expired; and applied on a random or occasional (iii) A visual check of the various se- basis. curity features present on the card to (f) MARSEC Level 1. The OCS facility determine whether the TWIC has been owner or operator must ensure the fol- tampered with or forged. lowing security measures are imple- (2) If an individual cannot present a mented at the facility: TWIC because it has been lost, dam- (1) Implement TWIC as set out in aged or stolen, and he or she has pre- paragraph (c) of this section. viously been granted unescorted access (2) Screen persons and personal ef- to the facility and is known to have fects going aboard the OCS facility for had a valid TWIC, the individual may dangerous substances and devices at be given unescorted access to secure the rate specified in the approved FSP; areas for a period of no longer than (3) Conspicuously post signs that de- seven consecutive calendar days if: scribe security measures currently in (i) The individual has reported the effect and clearly stating that: TWIC as lost, damaged or stolen to (i) Boarding an OCS facility is TSA as required in 49 CFR 1572.19(f); deemed valid consent to screening or (ii) The individual can present an- inspection; and other identification credential that meets the requirements of § 101.515 of (ii) Failure to consent or submit to this subchapter; and screening or inspection will result in (iii) There are no other suspicious denial or revocation of authorization circumstances associated with the indi- to be on board; vidual’s claim of loss or theft. (4) Check the identification of any (3) If an individual cannot present his person seeking to board the OCS facil- or her TWIC for any other reason than ity, including OCS facility employees, outlined in paragraph (c)(2) of this sec- passengers and crews of vessels inter- tion, he or she may not be granted facing with the OCS facility, vendors, unescorted access to the secure area. and visitors and ensure that non-TWIC The individual must be under escort, as holders are denied unescorted access to that term is defined in part 101 of this the OCS facility; subchapter, at all times when inside of (5) Deny or revoke a person’s author- a secure area. ization to be on board if the person is (4) With the exception of persons unable or unwilling, upon the request granted access according to paragraph of OCS facility personnel or a law en- (c)(2) of this section, all persons grant- forcement officer, to establish his or ed unescorted access to secure areas of her identity in accordance with this the facility must be able to produce his part or to account for his or her pres- or her TWIC upon request. ence on board. Any such incident must (5) There must be disciplinary meas- be reported in compliance with this ures in place to prevent fraud and part; abuse. (6) Deter unauthorized access to the (6) The facility’s TWIC program OCS facility; should be coordinated, when prac- (7) Identify access points that must ticable, with identification and TWIC be secured or attended to deter unau- access control measures of vessels or thorized access; other transportation conveyances that (8) Lock or otherwise prevent access use the facility. to unattended spaces that adjoin areas (d) If the OCS facility owner or oper- to which OCS facility personnel and ator uses a separate identification sys- visitors have access;

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(9) Ensure OCS facility personnel are (5) Suspending embarkation and/or not required to engage in or be sub- disembarkation of personnel; jected to screening, of the person or of (6) Suspending the loading of stores personal effects, by other OCS facility or industrial supplies; personnel, unless security clearly re- (7) Evacuating the OCS facility; or quires it; (8) Preparing for a full or partial (10) Provide a designated secure area search of the OCS facility. on board, or in liaison with a vessel [USCG–2006–24196, 72 FR 3586, Jan. 25, 2007] interfacing with the OCS facility, for conducting inspections and screening § 106.262 Security measures for newly- of people and their personal effects; hired employees. and (a) Newly-hired OCS facility employ- (11) Respond to the presence of unau- ees may be granted entry to secure thorized persons on board. areas of the OCS facility for up to 30 (g) MARSEC Level 2. In addition to consecutive calendar days prior to re- the security measures required for ceiving their TWIC provided all of the MARSEC Level 1 in this section, at requirements in paragraph (b) of this MARSEC Level 2, the OCS facility section are met, and provided that the owner or operator must ensure the im- new hire is accompanied by an indi- plementation of additional security vidual with a TWIC while within the measures, as specified for MARSEC secure areas of the OCS facility. If TSA Level 2 in the approved FSP. These ad- does not act upon a TWIC application ditional security measures may in- within 30 days, the cognizant Coast clude: Guard COTP may further extend access (1) Increasing the frequency and de- to secure areas for another 30 days. The tail of screening of people and personal Coast Guard will determine whether, in effects embarking onto the OCS facil- particular circumstances, certain prac- ity as specified for MARSEC Level 2 in tices meet the condition of a new hire the approved FSP; being accompanied by another indi- (2) Assigning additional personnel to vidual with a TWIC. The Coast Guard patrol deck areas during periods of re- will issue guidance for use in making duced OCS facility operations to deter these determinations. unauthorized access; (b) Newly-hired OCS facility employ- (3) Limiting the number of access ees may be granted the access provided points to the OCS facility by closing for in paragraph (a) of this section if: and securing some access points; or (1) The new hire has applied for a TWIC in accordance with 49 CFR part (4) Deterring waterside access to the 1572 by completing the full enrollment OCS facility, which may include, pro- process, paying the user fee, and is not viding boat patrols. currently engaged in a waiver or appeal (h) MARSEC Level 3. In addition to process. The OCS facility owner or op- the security measures required for erator or Facility Security Officer MARSEC Level 1 and MARSEC Level 2, (FSO) must have th enew hire sign a at MARSEC level 3, the facility owner statement affirming this, and must re- or operator must ensure the implemen- tain the signed statement until the tation of additional security measures, new hire receives a TWIC; as specified for MARSEC Level 3 in (2) The OCS facility owner or oper- their approved FSP. The additional se- ator or the FSO enters the following curity measures may include: information on the new hire into the (1) Screening all persons and personal Coast Guard’s Homeport Web site effects for dangerous substances and (http://homeport.uscg.mil): devices; (i) Full legal name, including middle (2) Being prepared to cooperate with name if one exists; responders; (ii) Date of birth; (3) Limiting access to the OCS facil- (iii) Social security number (op- ity to a single, controlled access point; tional); (4) Granting access to only those re- (iv) Employer name and 24 hour con- sponding to the security incident or tact information; and threat thereof; (v) Date of TWIC enrollment.

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(3) The new hire presents an identi- restricted area. Restricted areas must fication credential that meets the re- include, as appropriate: quirements of § 101.515 of this sub- (1) Areas containing sensitive secu- chapter; rity information; (4) There are no other circumstances (2) Areas containing security and sur- that would cause reasonable suspicion veillance equipment and systems and regarding the new hire’s ability to ob- their controls, and lighting system tain a TWIC, and the OCS facility controls; and owner or operator or FSO have not (3) Areas containing critical OCS fa- been informed by the cognizant COTP cility infrastructure equipment, in- that the individual poses a security cluding: threat; and (i) Water supplies; (5) There would be an adverse impact (ii) Telecommunications; to OCS facility operations if the new (iii) Power distribution system; hire is not allowed access. (iv) Access points for ventilation and (c) This section does not apply to any air-conditioning systems; individual being hired as a Company (v) Manufacturing areas and control Security Officer or FSO, or any indi- rooms; vidual being hired to perform OCS fa- (vi) Areas designated for loading, un- cility security duties. loading or storage of stores and indus- (d) The new hire may not begin work- trial supplies; and ing at the OCS facility under the provi- (vii) Areas containing hazardous ma- sions of this section until the owner, terials. operator, or FSO receives notification, (c) The OCS facility owner or oper- via Homeport or some other means, the ator must ensure that the Facility Se- new hire has passed an initial name curity Plan (FSP) includes measures check. for restricted areas to: [USCG–2006–24196, 72 FR 3587, Jan. 25, 2007] (1) Identify which OCS facility personnel are authorized to have access; § 106.265 Security measures for re- (2) Determine which persons other stricted areas. than OCS facility personnel are author- (a) General. The OCS facility owner ized to have access; or operator must ensure the designa- (3) Determine the conditions under tion of restricted areas in order to: which that access may take place; (1) Prevent or deter unauthorized ac- (4) Define the extent of any restricted cess; area; and (2) Protect persons authorized to be (5) Define the times when access re- in the OCS facility; strictions apply. (3) Protect the OCS facility; (d) MARSEC Level 1. At MARSEC (4) Protect vessels using and serving Level 1, the OCS facility owner or oper- the OCS facility; ator must ensure the implementation (5) Protect sensitive security areas of security measures to prevent unau- within the OCS facility; thorized access or activities within the (6) Protect security and surveillance area. These security measures may in- equipment and systems; and clude: (7) Protect stores and industrial sup- (1) Restricting access to only author- plies from tampering. ized personnel; (b) Designation of restricted areas. The (2) Securing all access points not ac- OCS facility owner or operator must tively used and providing physical bar- ensure restricted areas are designated riers to impede movement through the within the OCS facility. They must remaining access points; also ensure that all restricted areas are (3) Verifying the identification and clearly marked and indicate that ac- authorization of all persons seeking cess to the area is restricted and that entry; unauthorized presence within the area (4) Using security personnel, auto- constitutes a breach of security. The matic intrusion detection devices, sur- OCS facility owner or operator may veillance equipment, or surveillance designate the entire OCS facility as a systems to detect unauthorized entry

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to or movement within restricted § 106.270 Security measures for deliv- areas; or ery of stores and industrial sup- (5) Designating temporary restricted plies. areas to accommodate OCS facility op- (a) General. The OCS facility owner erations. If temporary restricted areas or operator must ensure that security are designated, the FSP must include measures relating to the delivery of security requirements to conduct a se- stores or industrial supplies to the OCS curity sweep of the designated tem- facility are implemented to: porary restricted areas both before and (1) Check stores or industrial supplies after the area has been established. for package integrity; (e) MARSEC Level 2. In addition to (2) Prevent stores or industrial sup- the security measures required for plies from being accepted without in- MARSEC Level 1 in this section, at spection; MARSEC Level 2, the OCS facility (3) Deter tampering; and owner or operator must also ensure the (4) Prevent stores and industrial sup- implementation of additional security plies from being accepted unless or- measures, as specified for MARSEC dered. For any vessels that routinely Level 2 in their approved FSP. These use an OCS facility, an OCS facility additional security measures may in- owner or operator may establish and clude: implement standing arrangements be- (1) Enhancing the effectiveness of the tween the OCS facility, its suppliers, barriers surrounding restricted areas, and any vessel delivering stores or infor example, by the use of patrols or dustrial supplies regarding notification automatic intrusion detection devices; and the timing of deliveries and their documentation. (2) Reducing the number of access (b) MARSEC Level 1. At MARSEC points to restricted areas, and enhanc- Level 1, the OCS facility owner or oper- ing the controls applied at the remain- ator must ensure the implementation ing accesses; of measures to: (3) Further restricting access to the (1) Inspect stores or industrial sup- restricted areas and movements and plies before being accepted; and storage within them; (2) Check that stores or industrial (4) Using continuously monitored and supplies match the order prior to being recorded surveillance equipment; brought on board. (5) Increasing the number and fre- (c) MARSEC Level 2. In addition to quency of patrols, including the use of the security measures required for waterborne patrols; or MARSEC Level 1 in this section, at (6) Restricting access to areas adja- MARSEC Level 2, the OCS facility cent to the restricted areas. owner or operator must also ensure the (f) MARSEC Level 3. In addition to the implementation of additional security security measures required for measures, as specified for MARSEC MARSEC Level 1 and MARSEC Level 2, Level 2 in the approved Facility Secu- at MARSEC Level 3, the OCS facility rity Plan (FSP). These additional secu- owner or operator must ensure the im- rity measures may include: plementation of additional security (1) Intensifying inspection of the measures, as specified for MARSEC stores or industrial supplies during de- Level 3 in their approved FSP. These livery; or additional security measures may in- (2) Checking stores or industrial sup- clude: plies prior to receiving them on board. (1) Restricting access to additional (d) MARSEC Level 3. In addition to areas; the security measures for MARSEC Level 1 and MARSEC Level 2, at (2) Prohibiting access to restricted MARSEC Level 3, the OCS facility areas; or owner or operator must ensure the im- (3) Searching restricted areas as part plementation of additional security of a security sweep of all or part of the measures, as specified for MARSEC OCS facility. Level 3 in the approved FSP. These ad- [USCG–2003–14759, 68 FR 39345, July 1, 2003, as ditional security measures may in- amended at 68 FR 60558, Oct. 22, 2003] clude:

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(1) Checking all OCS facility stores sunset and sunrise and periods of lim- or industrial supplies more extensively; ited visibility sufficiently to allow vis- (2) Restricting or suspending delivery ual identification of persons seeking of stores or industrial supplies; or access to the OCS facility. (3) Refusing to accept stores or indus- (c) MARSEC Level 2. In addition to trial supplies on board. the security measures required for MARSEC Level 1 in this section, at § 106.275 Security measures for moni- MARSEC Level 2, the OCS facility toring. owner or operator must also ensure the (a) General. (1) The OCS facility implementation of additional security owner or operator must ensure the im- measures, as specified for MARSEC plementation of security measures in Level 2 in the approved FSP. These ad- this section and have the capability to ditional security measures may in- continuously monitor, through a com- clude: bination of lighting, watchkeepers, se- (1) Increasing the frequency and de- curity guards, deck watches, water- tail of security patrols; borne patrols, automatic intrusion-de- (2) Using (if not already in use) or in- tection devices, or surveillance equip- creasing the use of security and sur- ment as specified in their approved Fa- veillance equipment; cility Security Plan (FSP), the: (3) Assigning additional personnel as (i) OCS facility; security lookouts; or (ii) Restricted areas on board the (4) Coordinating with boat patrols, OCS facility; and when provided. (iii) The area surrounding the OCS (d) MARSEC Level 3. In addition to facility. the security measures for MARSEC (2) The following must be considered Level 1 and MARSEC Level 2, at when establishing the appropriate level MARSEC Level 3, the OCS facility and location of lighting: owner or operator must ensure the im- (i) OCS facility personnel should be plementation of additional security able to detect activities on and around measures, as specified for MARSEC OCS facilities; Level 3 in the approved FSP. These ad- (ii) Coverage should facilitate per- ditional security measures may in- sonnel identification at access points; clude: and (1) Cooperating with responders; (iii) Lighting effects, such as glare, (2) Switching on all lights; and their impact on safety, navigation, (3) Switching on all surveillance and other security activities. equipment capable of recording activi- (b) MARSEC Level 1. At MARSEC ties on, or in the vicinity of, the OCS Level 1, the OCS facility owner or oper- facility; ator must ensure the implementation (4) Maximizing the length of time of security measures, which may be im- such surveillance equipment (if not al- plemented in coordination with a ves- ready in use) can continue to record; or sel interfacing with the OCS facility, (5) Preparing for underwater inspec- to: tion of the OCS facility. (1) Monitor the OCS facility, particularly OCS facility access points and re- [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 stricted areas; FR 41917, July 16, 2003, as amended at 68 FR (2) Be able to conduct emergency 60558, Oct. 22, 2003] searches of the OCS facility; (3) Ensure that equipment or system § 106.280 Security incident procedures. failures or malfunctions are identified For each MARSEC Level, the OCS fa- and corrected; cility owner or operator must ensure (4) Ensure that any automatic intru- the Facility Security Officer (FSO) and sion detection device, sets off an audi- OCS facility security personnel are ble or visual alarm, or both, at a loca- able to: tion that is continuously attended or (a) Respond to security threats or monitored; and breaches of security and maintain crit- (5) Light deck and OCS facility ac- ical OCS facility and OCS facility-to- cess points during the period between vessel interface operations;

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(b) Deny access to the OCS facility, (7) OCS facility security require- except to those responding to an emer- ments; gency; (8) OCS facility and vessel interface (c) Evacuate the OCS facility in case business practices; of security threats or breaches of secu- (9) Contingency planning, emergency rity; and preparedness and response; (d) Report security incidents as re- (10) Physical security requirements; quired in § 101.305 of this subchapter; (11) Radio and telecommunications (e) Brief all OCS facility personnel on systems, including computer systems possible threats and the need for vigi- and networks; lance, soliciting their assistance in re- (12) Marine or civil engineering; and porting suspicious persons, objects, or (13) OCS facility and vessel oper- activities; and ations. (f) Secure non-critical operations in order to focus response on critical op- § 106.305 Facility Security Assessment (FSA) requirements. erations. (a) Background. The OCS facility [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 owner or operator must ensure that the FR 41917, July 16, 2003] following background information, if applicable, is provided to the person or Subpart C—Outer Continental persons who will conduct the assess- Shelf (OCS) Facility Security ment: Assessment (FSA) (1) The general layout of the OCS facility, including: § 106.300 General. (i) The location of each access point (a) The Facility Security Assessment to the OCS facility; (FSA) is a written document that is (ii) The number, reliability, and secu- based on the collection of background rity duties of OCS facility personnel; information, the completion of an on- (iii) Security doors, barriers, and scene survey and an analysis of that in- lighting; formation. (iv) The location of restricted areas; (v) The emergency and stand-by (b) A single FSA may be performed equipment available to maintain essen- and applied to more than one OCS fa- tial services; cility to the extent they share physical (vi) The essential maintenance equip- characteristics, location, and oper- ment and storage areas; ations. (vii) Location of escape and evacu- (c) Third parties may be used in any ation routes and assembly stations; aspect of the FSA if they have the ap- and propriate skills and if the Company Se- (viii) Existing security and safety curity Officer (CSO) reviews and ac- equipment for protection of personnel; cepts their work. (2) Response procedures for fire or (d) Those involved in a FSA must be other emergency conditions; able to draw upon expert assistance in (3) Procedures for monitoring OCS fa- the following areas, as appropriate: cility and vessel personnel; (1) Knowledge of current and antici- (4) Procedures for controlling keys pated security threats and patterns; and other access prevention systems; (2) Recognition and detection of dan- (5) Response capability for security gerous substances and devices; incidents; (3) Recognition of characteristics and (6) Threat assessments, including the behavioral patterns of persons who are purpose and methodology of the assess- likely to threaten security; ment, for the OCS facility’s location; (4) Recognition of techniques used to (7) Previous reports on security circumvent security measures; needs; and (5) Methods used to cause a security (8) Any other existing security proce- incident; dures and systems, equipment, commu- (6) Effects of dangerous substances nications, and OCS facility personnel. and devices on structures and essential (b) On-scene survey. The OCS facility services; owner or operator must ensure that an

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on-scene survey of each OCS facility is (iv) Use of a vessel interfacing with conducted. The on-scene survey exam- the OCS facility as a weapon or as a ines and evaluates existing OCS facil- means to cause damage or destruction; ity protective measures, procedures, and and operations to verify or collect the (v) Effects of a nuclear, biological, information required in paragraph (a) radiological, explosive, or chemical at- of this section. tack to the OCS facility’s shoreside (c) Analysis and recommendations. In support system; conducting the FSA, the OCS owner or (3) Threat assessments by Govern- operator must ensure that the Com- ment agencies; pany Security Officer (CSO) analyzes (4) Vulnerabilities, including human the OCS facility background informa- factors, in the OCS facility’s infra- tion and the on-scene survey, and con- structure, policies and procedures; sidering the requirements of this part, (5) Any particular aspects of the OCS provides recommendations to establish facility, including the vessels that and prioritize the security measures interface with the OCS facility, which that should be included in the FSP. make it likely to be the target of an The analysis must consider: attack; (1) Each vulnerability found during (6) Likely consequences, in terms of the on-scene survey, including but not loss of life, damage to property, or eco- limited to: nomic disruption, of an attack on or at (i) Access to the OCS facility; the OCS facility; and (ii) Structural integrity of the OCS (7) Locations where access restric- facility; tions or prohibitions will be applied for (iii) Existing security measures and each MARSEC Level. procedures, including identification (d) FSA Report. (1) The OCS facility systems; owner or operator must ensure that a (iv) Existing security measures and written FSA report is prepared and in- procedures relating to essential serv- cluded as a part of the FSP. The report ices; must contain: (v) Measures to protect radio and (i) A summary of how the on-scene telecommunication equipment, includ- survey was conducted; ing computer systems and networks; (ii) A description of existing security (vi) Existing agreements with private measures, including inspection, control security companies; and monitoring equipment, personnel (vii) Any conflicting policies between identification documents and commu- safety and security measures and pro- nication, alarm, lighting, access con- cedures; trol, and similar systems; (viii) Any conflicting OCS facility operations and security duty assign- (iii) A description of each vulner- ments; ability found during the on-scene sur- (ix) Any deficiencies identified dur- vey; ing daily operations or training and (iv) A description of security meas- drills; and ures that could be used to address each (x) Any deficiencies identified fol- vulnerability; lowing security incidents or alerts, the (v) A list of the key OCS facility op- report of security concerns, the exer- erations that are important to protect; cise of control measures, or audits. and (2) Possible security threats, includ- (vi) A list of identified weaknesses, ing but not limited to: including human factors, in the infra- (i) Damage to or destruction of the structure, policies, and procedures of OCS facility or of a vessel adjacent to the OCS facility. the OCS facility; (2) A FSA report must describe the (ii) Smuggling dangerous substances following elements within the OCS fa- and devices; cility: (iii) Use of a vessel interfacing with (i) Physical security; the OCS facility to carry those intend- (ii) Structural integrity; ing to cause a security incident and (iii) Personnel protection systems; their equipment; (iv) Procedural policies;

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(v) Radio and telecommunication § 106.310 Submission requirements. systems, including computer systems (a) A completed FSA report must be and networks; and submitted with the Facility Security (vi) Essential services. Plan (FSP) required in § 106.410 of this (3) The FSA report must list the per- part. sons, activities, services, and operations that are important to protect, (b) An OCS facility owner or operator in each of the following categories: may generate and submit a report that (i) OCS facility personnel; contains the FSA for more than one (ii) Visitors, vendors, repair techni- OCS facility subject to this part, to the cians, vessel personnel, etc.; extent that they share similarities in (iii) OCS facility stores; physical characteristics, location and (iv) Any security communication and operations. surveillance systems; and (c) The FSA must be reviewed and (v) Any other security systems, if validated, and the FSA report must be any. updated each time the FSP is sub- (4) The FSA report must account for mitted for reapproval or revisions. any vulnerabilities in the following [USCG–2003–14759, 68 FR 39345, July 1, 2003, as areas: amended at 68 FR 60558, Oct. 22, 2003] (i) Conflicts between safety and security measures; Subpart D—Outer Continental (ii) Conflicts between personnel du- Shelf (OCS) Facility Security ties and security assignments; (iii) The impact of watch-keeping du- Plan (FSP) ties and risk of fatigue on personnel § 106.400 General. alertness and performance; (iv) Security training deficiencies; (a) The OCS facility owner or oper- and ator must ensure the FSO develops and (v) Security equipment and systems, implements a Facility Security Plan including communication systems. (FSP) for each OCS facility for which (5) The FSA report must discuss and he or she is designated as FSO. The evaluate key OCS facility measures FSP: and operations, including— (1) Must identify the FSO by name or (i) Ensuring performance of all secu- position and provide 24-hour contact rity duties; information; (ii) Controlling access to the OCS fa- (2) Must be written in English; cility through the use of identification (3) Must address each vulnerability systems or otherwise; identified in the Facility Security As- (iii) Controlling the embarkation of sessment (FSA); OCS facility personnel and other per- (4) Must describe security measures sons and their effects (including per- for each MARSEC Level; and sonal effects and baggage, whether ac- (5) May cover more than one OCS fa- companied or unaccompanied); cility to the extent that they share (iv) Supervising the delivery of stores similarities in physical characteristics and industrial supplies; and operations, if authorized and ap- (v) Monitoring restricted areas to en- proved by the cognizant District Com- sure that only authorized persons have mander. access; (b) The FSP must be submitted for (vi) Monitoring deck areas and areas approval to the cognizant District surrounding the OCS facility; and Commander in a written or electronic (vii) The ready availability of secu- format in a manner prescribed by the rity communications, information, and cognizant District Commander. equipment. (c) The FSP is sensitive security in- (e) The FSA, FSA report, and FSP formation and must be protected in ac- must be protected from unauthorized cordance with 49 CFR part 1520. access or disclosure. (d) If the FSP is kept in an electronic [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 format, procedures must be in place to FR 41917, July 16, 2003, as amended at 68 FR prevent its unauthorized deletion, de- 60558, Oct. 22, 2003] struction, or amendment.

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§ 106.405 Format and content of the FSP meets the applicable requirements Facility Security Plan (FSP). of this part; or (a) An OCS facility owner or operator (2) If intending to operate under an must ensure that the FSP consists of Approved Security Program, submit a the individual sections listed in this letter signed by the OCS facility owner paragraph (a). If the FSP does not fol- or operator stating which approved Al- low the order as it appears in this para- ternative Security Program the owner graph, the OCS facility owner or oper- or operator intends to use. ator must ensure that the FSP con- (b) Owners or operators of OCS facili- tains an index identifying the location ties not in service on or before Decem- of each of the following sections: ber 31, 2003, must comply with the re- (1) Security organization of the OCS quirements in paragraph (a) of this sec- facility; tion 60 days prior to beginning oper- (2) Personnel training; ations or by December 31, 2003, which- (3) Drills and exercises; ever is later. (4) Records and documentation; (c) The cognizant District Com- (5) Response to change in MARSEC mander will examine each submission Level; for compliance with this part and ei- (6) Procedures for interfacing with ther: vessels; (1) Approve it and specify any condi- (7) Declaration of Security (DoS); tions of approval, returning to the sub- (8) Communications; mitter a letter stating its acceptance (9) Security systems and equipment and any conditions; maintenance; (2) Return it for revision, returning a (10) Security measures for access con- copy to the submitter with brief de- trol; scriptions of the required revisions; or (11) Security measures for restricted (3) Disapprove it, returning a copy to areas; the submitter with a brief statement of (12) Security measures for delivery of the reasons for disapproval. stores and industrial supplies; (d) An FSP may be submitted and ap- (13) Security measures for moni- proved to cover more than one OCS fa- toring; cility where they share similarities in (14) Security incident procedures; physical characteristics, location, and (15) Audits and FSP amendments; operations. and (e) Each OCS facility owner or oper- (16) Facility Security Assessment ator that submits one FSP to cover (FSA) report. two or more OCS facilities of similar (b) The FSP must describe in detail design, location, and operation must how the requirements of Subpart B of address OCS facility-specific informa- this part will be met. FSPs that have tion that includes the physical and been approved by the Coast Guard prior operational characteristics of each to March 26, 2007 do not need to be OCS facility. amended to describe their TWIC proce- (f) An FSP that is approved by the dures until the next regularly sched- cognizant District Commander is valid uled resubmission of the FSP. for 5 years from the date of its approval. The cognizant District Com- [USCG–2003–14759, 68 FR 39345, July 1, 2003; 68 mander will issue an approval letter, as FR 41917, July 16, 2003, as amended by USCG– indicated in § 106.115 of this part. 2006–24196, 72 FR 3587, Jan. 25, 2007] [USCG–2003–14759, 68 FR 39345, July 1, 2003, as § 106.410 Submission and approval. amended at 68 FR 60558, Oct. 22, 2003] (a) On or before December 31, 2003, the owner or operator of each OCS fa- § 106.415 Amendment and audit. cility currently in operation must ei- (a) Amendments. (1) Amendments to a ther: Facility Security Plan (FSP) that are (1) Submit one copy of the Facility approved by the cognizant District Security Plan (FSP) for review and ap- Commander may be initiated by: proval to the cognizant District Com- (i) The OCS facility owner or oper- mander and a letter certifying that the ator; or

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(ii) The cognizant District Com- that the FSP meets the applicable re- mander, upon a determination that an quirements of this part. amendment is needed to maintain the (2) If there is a change in ownership OCS facility’s security. The cognizant or operations of the OCS facility, or if District Commander will give the OCS there have been modifications to the facility owner or operator written no- OCS facility, the FSP must be audited tice and request that the OCS facility including but not limited to physical owner or operator propose amendments structure, emergency response proce- addressing any matters specified in the dures, security measures, or oper- notice. The OCS facility owner or operations. ator will have at least 60 days to sub- (3) Auditing the FSP as a result of mit its proposed amendments. Until modifications to the OCS facility may amendments are approved, the OCS fa- be limited to those sections of the FSP cility owner or operator shall ensure affected by the OCS facility modifica- temporary security measures are im- tions. plemented to the satisfaction of the (4) Unless impracticable due to the cognizant District Commander. size and nature of the company or the (2) Proposed amendments must be OCS facility, personnel conducting in- sent to the cognizant District Com- ternal audits of the security measures mander. If initiated by the OCS facility specified in the FSP or evaluating its owner or operator, the proposed implementation must: amendment must be submitted at least (i) Have knowledge of methods of 30 days before the amendment is to conducting audits and inspections, and take effect unless the cognizant Dis- control and monitoring techniques; (ii) Not have regularly assigned secu- trict Commander allows a shorter pe- rity duties; and riod. The cognizant District Com- (iii) Be independent of any security mander will approve or disapprove the measures being audited. proposed amendment in accordance (5) If the results of an audit require with § 106.410 of this subpart. an amendment of either the Facility (3) Nothing in this section should be Security Assessment (FSA) or FSP, the construed as limiting the OCS facility FSO must submit, in accordance with owner or operator from the timely im- § 106.410 of this subpart, the amend- plementation of such additional secu- ments to the cognizant District Com- rity measures not enumerated in the mander for review and approval no approved FSP as necessary to address later than 30 days after completion of exigent security situations. In such the audit and a letter certifying that cases, the owner or operator must no- the amended FSP meets the applicable tify the cognizant District Commander requirements of this part. by the most rapid means practicable as to the nature of the additional meas- [USCG–2003–14759, 68 FR 39345, July 1, 2003, as ures, the circumstances that prompted amended at 68 FR 60559, Oct. 22, 2003] these additional measures, and the period of time these additional measures PART 107—NATIONAL VESSEL AND are expected to be in place. FACILITY CONTROL MEASURES (4) If the owner or operator has AND LIMITED ACCESS AREAS changed, the Facility Security Officer (FSO) must amend the Facility Secu- Subpart A [Reserved] rity Plan (FSP) to include the name and contact information of the new Subpart B—Unauthorized Entry Into Cuban OCS facility owner(s) or operator(s) Territorial Waters and submit the affected portion of the Sec. FSP for review and approval in accord- 107.200 Definitions. ance with § 106.410 of this subpart. 107.205 Purpose and delegation. (b) Audits. (1) The FSO must ensure 107.210 Applicability. 107.215 Regulations. an audit of the FSP is performed annu- 107.220 Permits. ally, beginning no later than one year 107.225 Appeals. from the initial date of approval and 107.230 Enforcement. attach a letter to the FSP certifying 107.240 Continuation.

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AUTHORITY: 50 U.S.C. 191, 192, 194, 195; 14 under the laws of the United States or U.S.C. 141; Presidential Proclamation 6867, 61 any State, the District of Columbia, or FR 8843, 3 CFR, 1996 Comp., p. 8; Presidential any territory, commonwealth, or pos- Proclamation 7757, 69 FR 9515 (March 1, 2004); session of the United States; unless the Secretary of Homeland Security Order 2004– 001; Department of Homeland Security Dele- vessel has been granted the nationality gation No. 0170.1; and 33 CFR 1.05–1. of a foreign nation in accordance with article 5 of the 1958 Convention on the SOURCE: Order 2004–001, 69 FR 41372, July 8, High Seas and a claim of nationality or 2004, unless otherwise noted. registry for the vessel is made by the master or individual in charge at the Subpart A [Reserved] time of the enforcement action by an officer or employee of the United Subpart B—Unauthorized Entry Into States authorized to enforce applicable Cuban Territorial Waters provisions of United States law; (3) A vessel that was once docu- § 107.200 Definitions. mented under the laws of the United Unless otherwise specified, as used in States and, in violation of the laws of this subpart: the United States, was either sold to a Auxiliary vessel includes every de- person not a citizen of the United scription of watercraft or other artifi- States or placed under foreign registry cial contrivance used, or capable of or a foreign flag, whether or not the being used, as a means of transpor- vessel has been granted the nationality tation on water attached to, or em- of a foreign nation; barked in, another vessel to which this (4) A vessel without nationality as subpart applies. defined in 46 U.S.C. Appendix 1903(c)(2)– Cuban territorial waters means the ter- (3); or ritorial sea and internal waters of Cuba (5) A vessel assimilated to a vessel determined in accordance with inter- without nationality, in accordance national law. with paragraph (2) of article 6 of the Owner, agent, master, officer, or person 1958 Convention on the High Seas. in charge means the persons or entities that maintain operational control over § 107.205 Purpose and delegation. any vessel subject to the requirements The purpose of this subpart is to im- of this subpart. plement Presidential Proclamation U.S. territorial waters has the same 7757, and Secretary of Homeland Secu- meaning as provided in 50 U.S.C. 195. rity Order 2004–001. All powers and au- Vessel includes every description of thorities granted to officers of the watercraft or other artificial contriv- Coast Guard by this subpart may be ance used, or capable of being used, as delegated to other officers and agents a means of transportation on water, in- of the Coast Guard unless otherwise cluding auxiliary vessels. prohibited by law. Vessel of the United States means— (1) A vessel documented under chap- § 107.210 Applicability. ter 121 of title 46 or a vessel numbered (a) This subpart applies to: as provided in chapter 123 of that title; (1) Vessels of the United States less (2) A vessel owned in whole or part than 100 meters (328 feet) in length (and by— all associated auxiliary vessels) and (i) The United States or a territory, the owners, agents, masters, officers, commonwealth, or possession of the persons in charge, and members of the United States; crew of such vessels, that depart U.S. (ii) A State or political subdivision territorial waters and thereafter enter thereof; Cuban territorial waters, regardless of (iii) a citizen or national of the whether such entry is made after an in- United States; or tervening entry into, passage through, (iv) A corporation, partnership, asso- or departure from any other foreign ciation, trust, joint venture, limited li- territory or territorial waters; ability company, limited liability part- (2) Vessels of the United States less nership, or any other legal entity, cre- than 100 meters (328 feet) in length (and ated and authorized to own vessels all associated auxiliary vessels) and

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the owners, agents, masters, officers, on board. Such actions to be taken are persons in charge, and members of the in the discretion of the Coast Guard crew of such vessels that are located at Area or District Commander, or their or get underway from a berth, pier, designees, as deemed necessary to en- mooring, or anchorage in U.S. terri- sure compliance with this subpart and torial waters, or depart U.S. territorial any order given pursuant thereto. waters with the intent to enter Cuban (e) Where there is a reasonable, territorial waters; and articulable basis to believe a vessel to (3) Any person who knowingly fails which this subpart applies intends to to comply with this subpart or order enter Cuban territorial waters, any given under this subpart, or knowingly Coast Guard commissioned, warrant, or obstructs or interferes with the exer- petty officer may require the owners, cise of any power conferred by this sub- agents, masters, officers, or persons in part. charge, or any member of the crew of (b) This subpart does not apply to: any such vessel to provide verbal assur- Foreign vessels, as defined by 46 U.S.C. ance that the vessel will not enter 2101(12), public vessels, as defined by 46 Cuban territorial waters as a condition U.S.C. 2101(24) operated for non-com- for a vessel to get underway from a mercial purposes, or vessels of the berth, pier, mooring, or anchorage in United States entering Cuban terri- U.S. territorial waters, or to depart torial waters under force majeure. from U.S. territorial waters. A Coast Guard commissioned, warrant, or petty § 107.215 Regulations. officer may require the owners, agents, (a) Each person or vessel to which masters, officers, or persons in charge this subpart applies may not get under- of the vessel to identify all persons on way or depart from U.S. territorial wa- board the vessel and provide verbal as- ters without a written permit from the surances that all persons on board have Commander, Seventh Coast Guard Dis- received actual notice of these regula- trict, or the District Commander’s des- tions. The failure of an owner, agent, ignee. Permits may be obtained pursu- master, officer, or person in charge, or ant to the process established in any member of the crew of any vessel § 107.220. The owner, agent, master, or (including all auxiliary vessels) to person in charge of the vessel must which this subpart applies to provide maintain the written permit for the requested verbal assurances shall not vessel on board the vessel. be used as the sole basis for seizing the (b) Each person or vessel to which vessel for forfeiture under this subpart. this subpart applies must obey any oral (f) The provisions of this subpart are or written order issued by a Coast in addition to any powers conferred by Guard Area or District Commander, or their designees, who may issue oral or law upon Coast Guard commissioned, written orders to control the anchor- warrant, or petty officers, and not in age or movement of such vessels and limitation of any powers conferred by persons. Designees include Captains of law or regulation upon such officers, or the Port, and commissioned, warrant any other officers of the United States. and petty officers of the Coast Guard. § 107.220 Permits. (c) No person or vessel to which this subpart applies may obstruct or inter- (a) Applications for a permit may be fere with the exercise of any power obtained by writing or calling the Chief conferred by this subpart. of Response at Commander, Seventh (d) Coast Guard commissioned, war- Coast Guard District (dr), 909 SE First rant and petty officers may go or re- Avenue, Miami, FL 33131, telephone main on board a vessel subject to this (305) 415–6800, or by such other means subpart, may place guards on the sub- as the District Commander may make ject vessel, may remove all persons not available to the public. The completed specifically authorized by the Coast application may be returned via reg- Guard to go or remain on board the ular mail or facsimile to the Chief of subject vessel, and may take full or Response at Commander, Seventh partial possession or control of any Coast Guard District (dr), 909 SE First such vessel or part thereof, or person Avenue, Miami, FL 33131, facsimile

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(305) 415–6809, or by other means pre- § 107.225 Appeals. scribed by the District Commander for (a) Upon written notification by the the convenience of the applicant. Coast Guard that an application has (b) All applications must be written been denied, the applicant may request in English and legible. the Seventh Coast Guard District Com- (c) The information and documenta- mander to reconsider. The request to tion in this paragraph must be pro- reconsider must be in writing, must be vided with the application in order for made within five (5) business days from it to be complete and considered by the the date of receipt of the initial denial, Coast Guard: and must contain complete supporting (1) The name, address, and telephone documentation and evidence which the number of the applicant; applicant wishes to have considered. (2) A copy of the valid vessel registra- Requests for reconsideration must be mailed to Commander, Seventh Coast tion; Guard District (d), 909 SE First Ave- (3) A copy of a valid and applicable li- nue, Miami, FL 33131. cense issued to the applicant by the (b) Upon receipt of the request to re- U.S. Department of Commerce, Bureau consider, the Seventh Coast Guard Dis- of Industry and Security, pursuant to trict Commander may direct a rep- the Export Administration Regula- resentative to gather and submit docu- tions, 15 CFR chapter VII, subchapter mentation or other evidence, which, in C, parts 730–774 for the export of the the judgment of the Seventh District vessel to Cuba; and Commander, would be necessary or (4) A copy of a valid and applicable helpful to a resolution of the request. If specific license issued by the U.S. De- gathered and submitted, a copy of this partment of the Treasury, Office of documentation and evidence shall be Foreign Assets Control (OFAC), pursu- made available to the applicant. The ant to the Cuban Assets Control Regu- applicant shall be afforded five (5) busi- lations, 31 CFR part 515, authorizing ness days from the date of receipt of the applicant’s travel-related trans- documentation and evidence gathered by the Seventh Coast Guard District actions in Cuba. Applicants who do not Commander’s representative to submit require such an OFAC specific license rebuttal materials. On or before the fif- shall make a written certification to teenth (15th) calendar day following that effect identifying which OFAC submission of all materials, the Sev- general license applies or explaining enth Coast Guard District Commander why no OFAC license is required. shall issue a ruling, in writing, on the (d) Such applications must provide request to reconsider. The ruling may the documentation required by reverse the initial denial, or, if the de- § 107.220(c) for each person to which this nial is upheld, must contain the spe- subpart applies on board the particular cific basis for denial of the application vessel. upon reconsideration. (e) Upon receiving an application for (c) The Seventh Coast Guard District a permit, the Seventh Coast Guard Dis- Commander’s denial of a request for re- trict Commander (dr) has ten (10) cal- consideration taken under paragraph endar days from the receipt of the ap- (b) of this section constitutes final plication to decide whether the appli- agency action. cation is complete and, if so, whether a § 107.230 Enforcement. permit will be issued or denied. Appli- cants will be notified in writing of the (a) Unauthorized departure or entry, or both. (1) Vessels and persons to whom decision to issue or deny a permit. In- this subpart applies, as described in complete applications will be returned § 107.210(a)(1), that do not comply with to the applicant, along with the rea- § 107.215(a), or any order issued pursu- sons why such application was deemed ant to this subpart may be subject to a incomplete. civil penalty of not more than $25,000 [Order 2004–001, 69 FR 41372, July 8, 2004, as for each day of violation. amended by USCG–2011–0257, 76 FR 31833, (2) Vessels and persons to whom June 2, 2011] § 107.230(a)(1) applies shall be held to a

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standard of strict liability for any (3) Seizure and forfeiture of the ves- entry into Cuban territorial waters sel; and without a permit or for failure to (4) A civil penalty of not more than maintain the permit for the vessel on $25,000 for each day of violation. board the vessel as required under this (c) False Statements. Violation of 18 subpart, except that strict liability U.S.C. 1001 may result in imprisonment will not be imposed if the failure to ob- for not more than five years or a fine, tain or carry a permit results pri- or both. marily from an act of war, force (d) Other enforcement. The civil pen- majeure, or the negligence of the alties provided for in this subpart are United States. separate from and in addition to any enforcement action that any other (b) Knowing failure to comply. Any agency may seek for violations of the person to whom this subpart applies as statutes and regulations administered described in §§ 107.210(a)(2) or (a)(3) who by such agencies. knowingly fails to comply with this subpart or order given under this sub- § 107.240 Continuation. part, or knowingly obstructs or inter- This subpart will continue to be en- feres with the exercise of any power forced so long as the national emer- conferred by this subpart may be sub- gency with respect to Cuba, and the ject to: emergency authority relating to the (1) Imprisonment for not more than regulation of the anchorage and move- 10 years; ment of vessels declared in Proclama- (2) A monetary penalty of not more tion 6867, and expanded in scope by than $10,000; Proclamation 7757, continues.

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PART 109—GENERAL (b) District Commanders will, whenever matters relating to the anchorage Sec. of vessels are under consideration, as- 109.01 Purpose. certain the view of the District and Di- 109.05 Anchorage grounds. vision Engineer, Corps of Engineers, 109.07 Anchorages under Ports and Water- U.S. Army, and the proper representa- ways Safety Act. tives of other departments likely to be 109.10 Special anchorage areas. interested, including the Commandant 109.15 Enforcement proceedings. 109.20 Publication; notice of proposed rule of the Naval District concerned and the making. medical officer in charge of the quarantine station at localities where quar- AUTHORITY: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 98, as amended, sec. antine anchorages are involved, in 7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 order that they may arrange for suit- Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. able representation at such hearings. 1655(g)(1); Pub. L. 107–296, 116 Stat. 2135; De- The views of the medical officer in partment of Homeland Security Delegation charge of the quarantine station relat- No. 0170.1. ing to the proposed location and bound- § 109.01 Purpose. aries of the quarantine anchorage will be accepted insofar as practicable and The purpose of the rules and regula- consistent with the establishment of tions in this subchapter is to imple- other anchorage areas. (An Act of Con- ment certain laws and set forth the re- gress approved July 1, 1944, as amended quirements for anchorage areas. (42 U.S.C. 267), authorizes the Surgeon [CGFR 67–46, 32 FR 17727, Dec. 12, 1967, as General, with the approval of the Sec- amended by CGD 79–096, 44 FR 51585, Sept. 4, retary of Health, Education, and Wel- 1979; USCG–1998–3799, 63 FR 35526, June 30, 1998] fare, to designate the boundaries of the quarantine grounds and quarantine an- § 109.05 Anchorage grounds. chorages for vessels which are reserved (a) Section 7 of the Rivers and Har- for use at each United States quar- bors Act of March 4, 1915 (33 U.S.C. 471), antine station.) A notice of public authorizes the establishment of an- hearing concerning changes to the An- chorage grounds for vessels in navi- chorage Regulations will be issued by gable waters of the United States the District Commander and will be whenever it is apparent that these are mailed to all known interested parties. required by the maritime or commer- After providing an opportunity for pub- cial interests of the United States for lic participation, the District Com- safe navigation. The statute also au- mander will, if circumstances so war- thorizes the adoption of suitable rules rant, issue changes to the Anchorage and regulations regarding the estab- Regulations, or in appropriate cases lishment of anchorage grounds, which forward recommendations for such are enforced by the Coast Guard. The changes to the Commandant. authority conferred by this statute was (c) As soon as publication has been transferred to and vested in the Sec- noted in the FEDERAL REGISTER, the retary of Homeland Security by section District Commander will publish 902(j) of the Coast Guard and Maritime changes to the Anchorage Regulations Transportation Act of 2006 (Pub. L. 109– in the Local Notice to Mariners. 241, 120 Stat. 516), and delegated to the Commandant of the U.S. Coast Guard (33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR in Department of Homeland Security 1.46(c) and 1.45(b)) Delegation No. 0170.1. The Com- [CGFR 67–46, 32 FR 17727, Dec. 12, 1967, as mandant redelegated the authority to amended by CGD 79–096, 44 FR 51585, Sept. 4, establish anchorage grounds to each 1979; USCG–1998–3799, 63 FR 35526, June 30, Coast Guard District Commander as 1998; USCG–2007–27887, 72 FR 45902, Aug. 16, provided in 33 CFR 1.05–1(e)(1)(i). 2007]

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§ 109.07 Anchorages under Ports and time being as Captain of the Port. Waterways Safety Act. When the vessel is at a port where The provisions of section 4 (a) and (b) there is no Coast Guard officer, proof the Ports and Waterways Safety Act ceedings will be initiated in the name as delegated to the Commandant of the of the District Commander. U.S. Coast Guard in Pub. L. 107–296, 116 [CGFR 67–46, 32 FR 17727, Dec. 12, 1967, as Stat. 2135, authorize the Commandant amended by USCG–2007–27887, 72 FR 45903, to specify times of movement within Aug. 16, 2007] ports and harbors, restrict vessel operations in hazardous areas and under § 109.20 Publication; notice of pro- hazardous conditions, and direct the posed rule making. anchoring of vessels. The sections list- (a) Section 4 of the Administrative ed in § 110.1a of this subchapter are reg- Procedure Act (5 U.S.C. 553), requires ulated under the Ports and Waterways publication of general notice of pro- Safety Act. posed rule making in the FEDERAL [CGD 3–81–1A, 47 FR 4063, Jan. 28, 1982, as REGISTER (unless all persons subject amended by USCG–2003–14505, 68 FR 9535, thereto are named and either person- Feb. 28, 2003] ally served or otherwise have actual notice thereof in accordance with law), § 109.10 Special anchorage areas. except to the extent that there is in- An Act of Congress of April 22, 1940, volved (1) any military, naval, or for- provides for the designation of special eign affairs function of the United anchorage areas wherein vessels not States or (2) any matter relating to more than sixty-five feet in length, agency management or personnel or to when at anchor, will not be required to public property, loans, grants, benefits, carry or exhibit anchorage lights. Such or contracts. Except where notice or designation is to be made after inves- hearing is required by statute, this re- tigation, by rule, regulation, or order, quirement does not apply to interpre- the procedure for which will be similar tative rules, general statements of pol- to that followed for anchorage grounds icy, rules of agency organization, pro- under section 7 of the Rivers and Har- cedure, or practice, or in any situation bors Act of March 4, 1915, as referred to in which the agency for good cause in § 109.05. The areas so designated finds (and incorporates the finding and should be well removed from the fair- a brief statement of the reasons there- ways and located where general naviga- for in the rules issued) that notice and tion will not endanger or be endan- public procedure thereon are impracti- gered by unlighted vessels. The author- cable, unnecessary, or contrary to the ity to designate special anchorage public interest. areas was transferred to and vested in (b) General notice of proposed rule the Secretary of Homeland Security by making published in accordance with section 902(j) of the Coast Guard and the above will include (1) a statement Maritime Transportation Act of 2006 of the time, place, and nature of public (Pub. L. 109–241, 120 Stat 516), and dele- rule making proceedings; (2) reference gated to the Commandant of the U.S. to the authority under which the rule Coast Guard in Department of Home- is proposed; and (3) either the terms or land Security Delegation No. 0170.1. The Commandant redelegated the au- substance of the proposed rule or a de- thority to establish anchorage grounds scription of the subjects and issues in- to each Coast Guard District Com- volved. mander as provided in 33 CFR 1.05– [CGFR 67–46, 32 FR 17727, Dec. 12, 1967] 1(e)(1)(i). [USCG–2007–27887, 72 FR 45902, Aug. 16, 2007] PART 110—ANCHORAGE REGULATIONS § 109.15 Enforcement proceedings. Proceedings against a vessel vio- Sec. lating the Anchorage Regulations are 110.1 General. to be brought in the name of the officer 110.1a Anchorages under Ports and Water- of the Coast Guard assigned for the ways Safety Act.

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Subpart A—Special Anchorage Areas 110.72b St. Simons Island, Ga. 110.72c Lake Murray, S.C. 110.4 Penobscot Bay, Maine. 110.72d Ashley River, SC. 110.5 Casco Bay, Maine. 110.73 St. Johns River, Fla. 110.6 Portland Harbor, Portland, Maine (be- 110.73a Indian River at Sebastian, Fla. tween Little Diamond Island and Great 110.73b Indian River at Vero Beach, Fla. Diamond Island). 110.73c Okeechobee Waterway, St. Lucie 110.6a Fore River, Portland Harbor, Port- River, Stuart, FL. land, Maine. 110.74 Marco Island, Marco River, Fla. 110.8 Lake Champlain, N.Y. and Vt. 110.74a Manatee River, Bradenton, Fla. 110.9 Wells Harbor, Maine. 110.74b Apollo Beach, Fla. 110.10 Portsmouth Harbor, New Hampshire, 110.74c Bahia de San Juan, PR. north of Newcastle Island. 110.75 Corpus Christi Bay, Tex. 110.25 Salem Sound, Mass. 110.77 Amistad Reservoir, Tex. 110.26 Marblehead Harbor, Marblehead, 110.77a Duluth-Superior Harbor, Duluth, Mass. Minn. 110.27 Lynn Harbor in Broad Sound, Mass. 110.77b Madeline Island, WI. 110.29 Boston Inner Harbor, Mass. 110.78 Sturgeon Bay, Sturgeon Bay, Wis. 110.30 Boston Harbor, Mass.. 110.79a Neenah Harbor, Neenah, Wis. 110.31 Hull Bay and Allerton Harbor at Hull, 110.79b Millers Bay, Lake Winnebago, Osh- Mass. kosh, WI. 110.32 Hingham Harbor, Hingham, Mass. 110.79c Fish Creek Harbor, Fish Creek, Wis- 110.37 Sesuit Harbor, Dennis, Mass. consin. 110.38 Edgartown Harbor, Mass. 110.80 Milwaukee Harbor, Milwaukee, Wis. 110.40 Silver Beach Harbor, North Fal- 110.80a Lake Macatawa, Mich. mouth, Mass. 110.80b Marquette Harbor, Marquette, Mich. 110.45 Onset Bay, Mass. 110.81 Muskegon Lake, Mich. 110.45a Mattapoisett Harbor, Mattapoisett, 110.81a Lake Betsie, Frankfort, MI. Mass. 110.82 Charlevoix Harbor, Mich. 110.46 Newport Harbor, Newport, R.I. 110.82a Little Traverse Bay, Lake Michigan, 110.47 Little Narragansett Bay, Watch Hill, Harbor Springs, Mich. R.I. 110.83 Chicago Harbor, Ill. 110.48 Thompson Cove on east side of 110.83a Cedar Point, Sandusky, Ohio. Pawcatuck River below Westerly, R.I. 110.84 Black Rock Channel opposite foot of 110.50 Stonington Harbor, Conn. Porter Avenue, Buffalo, N.Y. 110.50a Fishers Island Sound, Stonington, 110.84b Buffalo, N.Y. Conn. 110.85 Niagara River, Youngstown, N.Y. 110.50b Mystic Harbor, Groton and 110.86 Sodus Bay, NY. Stonington, Conn. 110.87 Henderson Harbor, N.Y. 110.50c Mumford Cove, Groton, Conn. 110.90 San Diego Harbor, California. 110.50d Mystic Harbor, Noank, Conn. 110.91 Mission Bay, Calif. 110.51 Groton, Conn. 110.93 Dana Point Harbor, Calif. 110.52 Thames River, New London, Conn. 110.95 Newport Bay Harbor, Calif. 110.100 Los Angeles and Long Beach Har- 110.53 Niantic, Conn. 110.54 Long Island Sound, on west side of bors, Calif. 110.111 Marina del Rey Harbor, Calif. entrance to Pataguanset River, Conn. 110.115 Santa Barbara Harbor, Calif. 110.55 Connecticut River, Conn. 110.120 San Luis Obispo Bay, Calif. 110.55a Five Mile River, Norwalk and 110.125 Morro Bay Harbor, Calif. Darien, Conn. 110.126 Monterey Harbor, Calif. 110.56 Noroton Harbor, Darien, Conn. 110.126a San Francisco Bay, Calif. 110.58 Cos Cob Harbor, Greenwich, Conn. 110.127 Lake Mohave and Lake Mead, Ne- 110.59 Eastern Long Island, NY. vada and Arizona. 110.60 Captain of the Port, New York. 110.127a Lake Powell, Utah-Arizona. 110.65 Indian River Bay, Del. 110.127b Flaming Gorge Lake, Wyoming- 110.67 Delaware River, Essington, Pa. Utah. 110.70 Chesapeake and Delaware Canal, eas- 110.127c Trinidad Bay, Calif. terly of Courthouse Point, Md. 110.128 Columbia River at Portland, Oreg. 110.70a Northeast River, North East, Md. 110.128b Island of Hawaii, Hawaii. 110.71 Jacobs Nose Cove, Elk River, Md. 110.128c Island of Kauai, Hawaii. 110.71a Cabin Creek, Grasonville, Md. 110.128d Island of Oahu, Hawaii. (Datum: 110.71b Wye River, Wye, Md. OHD) 110.72 Blackhole Creek, Md. 110.129a Apra Harbor, Guam. (Datum: WGS 110.72a Chester River, southeast of Chester- 84) town, Md. 110.72aa Elizabeth River Spectator Vessel Subpart B—Anchorage Grounds Anchorage Areas, between Norfolk and Portsmouth, Virginia. 110.130 Bar Harbor, Maine.

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110.131 Sheepscot River in the vicinity of 110.218 Pacific Ocean at San Clemente Is- Edgecomb, Maine. land, Calif.; in vicinity of Wilson Cove. 110.132 Rockland Harbor, Maine. 110.220 Pacific Ocean at San Nicolas Island, 110.133 Kennebec River in vicinity of Bath, Calif.; restricted anchorage areas. Maine. 110.222 Pacific Ocean at Santa Barbara Is- 110.134 Portland Harbor, Maine. land, Calif. 110.136 Lake Champlain, NY and VT. 110.224 San Francisco Bay, San Pablo Bay, 110.138 Boston Harbor, Mass. Carquinez Strait, Suisun Bay, Sac- 110.140 Buzzards Bay, Nantucket Sound, and ramento River, San Joaquin River, and adjacent waters, Mass. connecting waters, CA. 110.142 Nantucket Harbor, Mass. 110.228 Columbia River, Oregon and Wash- 110.145 Narragansett Bay, R.I. ington. 110.146 Long Island Sound. 110.229 Straits of Juan de Fuca, Wash. 110.147 New London Harbor, Conn. 110.230 Puget Sound Area, Wash. 110.148 Johnsons River at Bridgeport, Conn. 110.231 Ketchikan Harbor, Alaska, Large 110.150 Block Island Sound, N.Y. Passenger Vessel Anchorage. 110.155 Port of New York. 110.232 Southeast Alaska. 110.156 Randall Bay, Freeport, Long Island, 110.233 Prince William Sound, Alaska. N.Y. 110.235 Pacific Ocean (Mamala Bay), Hono- 110.157 Delaware Bay and River. lulu Harbor, Hawaii (Datum: NAD 83). 110.158 Baltimore Harbor, MD. 110.236 Pacific Ocean off Barbers Point, Is- 110.159 Annapolis Harbor, MD. land of Oahu, Hawaii: Offshore pipeline 110.166 York River, Va., naval anchorage. terminal anchorages. 110.168 Hampton Roads, Virginia, and adja- 110.237 Pacific Ocean at Waimea, Hawaii, cent waters (Datum: NAD 83). Naval Anchorage. 110.170 Lockwoods Folly Inlet, N.C. 110.238 Apra Harbor, Guam. 110.173 Port of Charleston, S.C. 110.239 Island of Tinian, CNMI. 110.179 Skidaway River, Isle of Hope, Ga. 110.240 San Juan Harbor, P.R. 110.182 Atlantic Ocean off Fort George 110.245 Vieques Passage and Vieques Sound, Inlet, near Mayport, Fla. near Vieques Island, P.R. 110.183 St. Johns River, Florida. 110.250 St. Thomas Harbor, Charlotte 110.185 Atlantic Ocean, off the Port of Palm Amalie, V.I. Beach, Fla. 110.255 Ponce Harbor, P.R. 110.186 Port Everglades, Florida. AUTHORITY: 33 U.S.C. 471, 1221 through 1236, 110.188 Atlantic Ocean off Miami and Miami 2030, 2035, 2071; 33 CFR 1.05–1; Department of Beach, Fla. Homeland Security Delegation No. 0170.1. 110.189a Key West Harbor, Key West, Fla., naval explosives anchorage area. SOURCE: CGFR 67–46, 32 FR 17728, Dec. 12, 110.190 Tortugas Harbor, in vicinity of Gar- 1967, unless otherwise noted. den Key, Dry Tortugas, Fla. 110.193 Tampa Bay, Fla. § 110.1 General. 110.193a St. Joseph Bay, Fla. (a) The areas described in subpart A 110.194 Mobile Bay, Ala., at entrance. of this part are designated as special 110.194a Mobile Bay, Ala., and Mississippi Sound, Miss. anchorage areas for purposes of 33 110.194b Mississippi Sound and Gulf of Mex- U.S.C. §§ 2030(g) and 2035(j). Vessels of ico, near Petit Bois Island, Miss. less than 20 meters in length, and 110.195 Mississippi River below Baton barges, canal boats, scows, or other Rouge, LA, including South and South- nondescript craft, are not required to west Passes. sound signals required by rule 35 of the 110.196 Sabine Pass Channel, Sabine Pass, Inland Navigation Rules (33 U.S.C. Tex. 2035). Vessels of less than 20 meters are 110.197 Galveston Harbor, Bolivar Roads Channel, Texas not required to exhibit anchor lights or 110.205 Chicago Harbor, Ill. shapes required by rule 30 of the Inland 110.206 Detroit River, Michigan. Navigation Rules (33 U.S.C. 2030). 110.207 Cleveland Harbor, Ohio. (b) The anchorage grounds for vessels 110.208 Buffalo Harbor, N.Y. described in Subpart B of this part are 110.210 San Diego Harbor, CA. established, and the rules and regula- 110.214 Los Angeles and Long Beach har- tions in relation thereto adopted, pur- bors, California. suant to the authority contained in 110.215 Anaheim Bay Harbor, Calif., U.S. Naval Weapons Station, Seal Beach, section 7 of the act of March 4, 1915, as Calif.; naval explosives anchorage. amended (38 Stat. 1053; 33 U.S.C. 471). 110.216 Pacific Ocean at Santa Catalina Is- (c) All bearings in the part are re- land, Calif. ferred to true meridian.

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(d) Geographic coordinates expressed of the City of Rockland, Maine. Requests for in terms of latitude or longitude, or placement of mooring buoys shall be di- both, are not intended for plotting on rected to the local government. Fixed moor- maps or charts whose reference hori- ing piles or stakes are prohibited. zontal datum is the North American (b) Camden Harbor, Sherman Cove and Datum of 1983 (NAD 83), unless such ge- adjacent waters. (1) Anchorage A. All of the waters enclosed by a line beginning ographic coordinates are expressly la- ° ′ ″ beled NAD 83. Geographic coordinates at Eaton Point at latitude 44 12 31 N, longitude 069°03′34″ W; thence to lati- without the NAD 83 reference may be ° ′ ″ ° ′ ″ plotted on maps or charts referenced to tude 44 12 28 N, longitude 069 03 33 W; thence to latitude 44°12′32″ N, longitude NAD 83 only after application of the ° ′ ″ appropriate corrections that are pub- 069 02 49 W; thence along the shoreline lished on the particular map or chart to the point of beginning. DATUM: being used. NAD83 (2) Anchorage B. All of the waters en- [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as closed by a line beginning at amended by CGD 86–082, 52 FR 33811, Sept. 8, Dillingham Point at latitude 44°12′12″ 1987; USCG–1998–3799, 63 FR 35526, June 30, N, longitude 069°03′20″ W.; thence to 1998] latitude 44°12′14″ N, longitude 069°02′58″ ° ′ ″ § 110.1a Anchorages under Ports and W.; thence to latitude 44 12 19 N, lon- Waterways Safety Act. gitude 069°03′08″ W; thence to latitude 44°12′28″ N, longitude 069°03′13″ W; (a) The anchorages listed in this sec- thence to latitude 44°12′26″ N, longitude tion are regulated under the Ports and 069°03′39″ W; thence along the shoreline Waterways Safety Act (33 U.S.C. 1221 et to the point of beginning. DATUM: seq.): NAD83 (1) Section 110.155 Port of New York. (2) [Reserved] NOTE TO PARAGRAPH (b): Anchorages A and (b) [Reserved] B are special anchorage areas reserved for yachts and other recreational craft. Fore and [CGD 3–81–1A, 47 FR 4063, Jan. 28, 1982, as aft moorings will be allowed in this area. amended by CGD 96–052, 62 FR 16703, Apr. 8, Temporary floats or buoys for marking an- 1997] chors or moorings in place will be allowed. Fixed mooring piles or stakes are prohibited. Subpart A—Special Anchorage All moorings must be so placed that no vessel when anchored is at any time extended Areas into the thoroughfare. This is to ensure that a distance of approximately 150 feet is left § 110.4 Penobscot Bay, Maine. between Anchorages A and B for vessels en- (a) Rockland Harbor. Beginning at a tering or departing from Camden Harbor. All point bearing 244°, 1,715 yards, from anchoring in the area is under the super- Rockland Breakwater Light; thence vision of the local harbor master or such 260°, 490 yards, to a point bearing 248° other authority as may be designated by the authorities of the Town of Camden, Maine. from Rockland Breakwater Light; ° (c) Stonington Harbor, Deer Island thence 350 , 580 yards, to a point bear- Thorofare. (1) Crotch Island. All of the ing 263° from Rockland Breakwater ° waters bound by the following points Light; thence 83 , 480 yards, to a point beginning at the northeast shore of bearing 263° from Rockland Breakwater ° Crotch Island located at: latitude Light; and thence 169 , 550 yards, to the 44°08′51.0″ N, longitude 068°40′06.0″ W; point of beginning. This area is limited thence southerly along the shoreline to to vessels no greater than 20 meters in latitude 44°08′36.0″ N, longitude length. 068°40′07.02″ W; thence to latitude NOTE TO PARAGRAPH (a): This area is pri- 44°08′36.0″ N, longitude 068°40′04.02″ W; marily for use by yachts and other rec- thence to latitude 44°08′46.98″ N, lon- reational craft. Temporary floats or buoy for gitude 068°40′00.0″ W; thence to latitude marking the location of the anchor may be 44°08′55.02″ N, longitude 068°39′49.02″ W; used. All moorings shall be so placed that no thence to latitude 44°08′54.0″ N, lon- vessel, when anchored, shall at any time ex- ° ′ ″ tend beyond the limits of the area. All an- gitude 068 40 06.0 W thence back to ori- choring in the area shall be under the super- gin. vision of the local harbormaster or such au- DATUM: NAD 83. thority as may be designated by authorities (2) [Reserved]

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NOTE TO § 110.4(c): An ordinance of the from the eastern extremity of Stovers Town of Stonington, Maine requires the ap- Point to the point of land at the north- proval of the Stonington Harbor Master for erly end of the harbor, said point of the location and type of moorings placed in land bearing approximately 275° from these special anchorage areas. All anchoring in the areas are under the supervision of the the observatory on Orrs Island. Stonington Harbor Master or other such au- (c) Basin Cove, west side of Harpswell thority as may be designated by the authori- Neck, Harpswell. All of the area lying ties of the Town of Stonington, Maine. All northeasterly of a line bearing 350° moorings are to be so placed that no moored from the northwest corner of the en- vessel will extend beyond the limit of the trance to the cove. area. (c–1) Basin Point, Potts Harbor, east [CGD01–02–129, 68 FR 44888, July 31, 2003, as side of Basin Point. The water area east amended by CGD01–06–084, 72 FR 466, Jan. 5, of Basin Point enclosed by a line begin- 2007; USCG–2007–0198, 73 FR 38923, July 8, ning at the southernmost extremity of 2008] Basin Point at latitude 43°44′17″ N., longitude 70°02′36″ W.; thence easterly to § 110.5 Casco Bay, Maine. latitude 43°44′17″ N., longitude 70°02′19″ (a) Beals Cove, West side of Orrs Island, W.; thence north northeasterly to a Harpswell. The entire cove as defined point on the shoreline at latitude by the shoreline and a line across the 43°44′43″ N., longitude 70°02′05″ W.; entrace bearing 215° and tangent to the thence following the shoreline to the shore on the north side. point of beginning. (a–1) Merriconeag Sound, Harpswell. (d) Mussel Cove and adjacent waters at The area comprises that portion of the Falmouth Foreside, Falmouth. All of the Sound beginning at a point on the waters enclosed by a line beginning at shoreline about 1,000 feet northeasterly the Dock House (F.S.) located at lati- from the southwesterly extremity of tude 43°44′22″ N, longitude 70°11′41″ W; Orrs Island at latitude 43°45′09″, lon- thence to latitude 43°44′19″ N, longitude gitude 69°59′14″, thence extending 290° 70°11′33″ W; thence to latitude 43°44′00″ to a point at latitude 43°45′10″, lon- N, longitude 70°11′44″ W; thence to lati- gitude 69°59′20″, thence extending 20° to tude 43°43′37″ N, longitude 70°11′37″ W; a point at latitude 43°45′34″, longitude thence to latitude 43°43′04″ N, longitude 69°59′05″, thence extending 110° to a 70°12′13″ W; thence to latitude 43°41′56″ point on the shoreline at latitude N, longitude 70°12′53″ W; thence to lati- 43°45′33″, longitude 69°58′58″, thence tude 43°41′49″ N, longitude 70°13′05″ W; along the shoreline to the point of be- thence to latitude 43°42′11″ N, longitude ginning. 70°13′30″ W; thence along the shoreline NOTE: The area is principally for use by to the point of beginning. DATUM: yachts and other recreational craft. Fore and NAD 83. aft moorings will be allowed. Temporary NOTE TO PARAGRAPH (d). The area designed floats or buoys for marking anchors in place by paragraph (g) of this section is reserved will be allowed. All moorings shall be so for yachts and other small recreational placed that no vessel, when anchored, shall craft. Fore and aft moorings will be allowed at any time extend beyond the limits of the in this area. Temporary floats or buoys for area. Fixed mooring piles or stakes are pro- marking anchors or moorings in place will be hibited. All anchoring in the area shall be allowed. Fixed mooring piles or stakes are under the supervision of the local harbor prohibited. All moorings must be so placed master or such authority as may be des- so that no vessel when anchored is at any ignated by authorities of the Town of time extended into the thoroughfare. All an- Harpswell, Maine. choring in the area is under the supervision (a–2) Mackerel Cove, Bailey Island, of the local harbor master or such other au- Harpswell. The water area of Mackerel thority as may be designated by the authori- Cove lying northeasterly of a line from ties of the Town of Falmouth, Maine. a point on Abner Point at latitude (e) Harraseeket River. That portion of 43°43′28″ N., longitude 70°00′19″ W., to a the Harraseeket River within the mean point on Bailey Island at latitude low water lines, between Stockbridge 43°43′18.2″ N., longitude 70°00′12.2″ W. Point and Weston Point, excluding (b) Harpswell Harbor, east side of therefrom a thoroughfare, 100 feet Harpswell Neck, Harpswell. The entire wide, the center line of which follows area lying westerly of a line bearing 8° the natural channel.

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NOTE: This area is reserved for yachts and Yarmouth Harbor Master or other such au- other small recreational craft. Fore and aft thority as may be designated by the authori- moorings will be allowed in this area. Tem- ties of the Town of Yarmouth, Maine. All porary floats or buoys for marking anchors moorings are to be so placed that no moored or moorings in place will be allowed. Fixed vessel will extend beyond the limit of the an- mooring piles or stakes are prohibited. All chorage area. moorings shall be so placed that no vessel when anchored shall at any time extend into [CGFR 67–46, 32 FR 17728, Dec. 12, 1967] the thoroughfare. All anchoring in the area EDITORIAL NOTE: For FEDERAL REGISTER ci- shall be under the supervision of the local harbor master or such other authority as tations affecting § 110.5, see the List of CFR may be designated by the authorities of the Sections Affected, which appears in the Town of Freeport, Maine. Finding Aids section of the printed volume and at www.fdsys.gov. (f) Yarmouth Harbor and adjacent waters—(1) Littlejohn Island/Doyle § 110.6 Portland Harbor, Portland, Point Cousins Island Special Anchor- Maine (between Little Diamond Is- age. All of the waters enclosed by a land and Great Diamond Island). line connecting the following points: Beginning at the southeasterly cor- Starting from the northernmost point of Littlejohn Island at latitude ner of the wharf, at the most southerly 43°45′51.6″ N, longitude 70°06′57.0″ W; point of Great Diamond Island at lati- ° ′ ″ ° ′ ″ thence to latitude 43°45′46.8″ N, lon- tude 43 40 13 , longitude 70 12 00 ; thence gitude 70°06′53.4″ W; thence to latitude extending southwesterly to the north- 43°45′25.8″ N, longitude 70°07′22.8″ W; easterly corner of the wharf on the eas- thence to latitude 43°45′16.8″ N, lon- terly side of Little Diamond Island at gitude 70°07′40.8″ W; thence to latitude latitude 43°40′03″, longitude 70°12′15″; 43°44′57.0″ N, longitude 70°08′27.0″ W; thence extending along the northerly thence to latitude 43°44′59.9″ N, lon- side of the wharf to its shoreward end gitude 70°08′30.0″ W. DATUM: NAD 83. at latitude 43°40′03″, longitude 70°12′17″; (2) Madeleine and Sandy Point Spe- thence extending along the shoreline of cial Anchorage. All of the waters en- Little Diamond Island to latitude closed by a line connecting the fol- 43°40′11″, longitude 70°12′20″; thence ex- lowing points: Starting from a point tending northeasterly to the shoreline northeast of Birch Point on Cousins Is- of the southerly side of Great Diamond ° ′ ″ land at latitude 43 45 15.1 N, longitude Island at latitude 43°40′21″, longitude 70°09′16.8″ W; thence to latitude 70°12′06″; thence extending along the 43°45′21.0″ N, longitude 70°09′30.0″ W; shoreline of Great Diamond Island to thence to latitude 43°45′37.8″ N, lon- ° ′ ″ the shoreward end of a wharf at lati- gitude 70 09 10.8 W; thence to latitude ° ′ ″ ° ′ ″ 43°45′57.0″ N, longitude 70°08′58.8″ W; tude 43 40 15 , longitude 70 12 02 ; thence thence to latitude 43°46′01.3″ N, lon- extending along the southwesterly side gitude 70°08′45.0″ W. DATUM: NAD 83. of the wharf to the point of beginning. (3) Drinkwater Point and Princes NOTE: The area is principally for use by Point Special Anchorage. All of the wa- yachts and other recreational craft. Tem- ters enclosed by a line connecting the porary floats or buoys for marking anchors following points: Starting south of will be allowed. Fixed mooring piles or Drinkwater Point in Yarmouth, Maine stakes are prohibited. The anchoring of ves- at latitude 43°46′26.8″ N, longitude sels and placing of temporary moorings will 70°09′17.0″ W; thence to latitude be under the jurisdiction, and at the discre- 43°46′21.0″ N, longitude 70°09′09.6″ W; tion of the local Harbor Master. All moor- thence to latitude 43°46′04.2″ N, lon- ings shall be so placed that no moored ves- gitude 70°09′46.2″ W; thence to latitude sels will extend beyond the limit of the area. 43°45′28.8″ N, longitude 70°10′24.0″ W; § 110.6a Fore River, Portland Harbor, thence to latitude 43°45′43.2″ N, lon- Portland, Maine. gitude 70°10′24.0″ W. DATUM: NAD 83. NOTE TO PARAGRAPH (f). An ordinance of The water area beginning at a point the Town of Yarmouth, Maine requires the on the shoreline near the Coast Guard approval of the Yarmouth Harbor Master for Base in Position 43–38 43″ N and 070–14 the location and type of moorings placed in 49″ W; thence 319 to position 43–38 55″ N, these special anchorage areas. All anchoring ″ in the areas are under the supervision of the 070–15 03 W; thence 50 to position 43–39

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06″ N: 070– 14 43″ W: thence 161 to main- (f) St. Albans Bay, Vt. An area in the land; and thence southwesterly along northerly portion of St. Albans Bay the shore to the point of beginning. westward of the State Pier at St. Al- bans Bay State Park, northeasterly of [CGD 01–87–02, 52 FR 9829, Mar. 27, 1987] a line bearing 296°30′ from the southwesterly corner of the State Pier, and § 110.8 Lake Champlain, N.Y. and Vt. southeasterly of a line parallel to and (a) Ticonderoga, N.Y. An area shore- 500 feet west of the west side of the ward of a line bearing 312° from Ticon- State Pier. deroga Light to the southeast corner of (g) Charlotte, Vt. An area shoreward the New York State Boat Launching of a line bearing 080 T from 44°16′12″ N, Ramp. 73°17′18″ W, on Thompson’s Point to (b) Essex, N.Y. A small cove at the 44°16′16″ N, 73°16′40″ W., on William’s westerly side of Lake Champlain, Point. shoreward of a line connecting the off- (h) Burlington Harbor, VT. The waters shore ends of two promontories located bounded by a line connecting the fol- at Essex. lowing points: (c) Shelburne, Vt. An area shoreward 44°28′14.4″ N 73°13′16.5″ W of a line bearing 142° from the eastern 44°28′14.4″ N 73°13′19.5″ W 44°28′24.4″ N 73°13′18.4″ W point of Collymer Pt. to Allen Hill. (c–1) Shelburne Bay. Beginning at a and thence along the shoreline to the point on the shoreline at latitude point of the beginning. These positions 44°25′53.0″ N., longitude 73°14′47.3″ W.; have been converted to North Amer- thence north to a point at latitude ican Datum 83. 44°26′04.8″ N., longitude 73°14′46.6″ W.; (i) Point Au Roche, New York. The wa- thence northwesterly to a point on the ters of Deep Bay north of a line drawn shoreline at latitude 44°26′06.9″ N., lon- shore to shore along the 44°46′14″ N line gitude 73°14′50.2″ W.; thence along the of Latitude. shoreline to the point of beginning. NOTE: Anyone wishing to occupy a mooring (c–2) Shelburne Bay Allen Hill to La in this area shall obtain a permit from the Platte River. That portion of the waters New York State Office of Parks, Recreation of Shelburne Bay west of the line from & Preservation. a point at Allen Hill at latitude [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as 44°24′35″ N., longitude 73°14′14″ W.; to a amended by CGFR 70–16A, 35 FR 8823, June 6, point near the mouth of the La Platte 1970; CCGD3–80–2A, 45 FR 54755, July 18, 1980; River at latitude 44°24′03″ N., longitude CGD3–85–02, 51 FR 4593, Feb. 6, 1986; CGD1–90– 73°14′05″ W. 063, 56 FR 12120, Mar. 22, 1991; CGD1 91–063, 58 FR 21104, Apr. 19, 1993] NOTE: The anchoring of vessels and placement of temporary moorings in the anchor- § 110.9 Wells Harbor, Maine. age area described in paragraph (c–2) of this (a) Anchorage ‘‘A’’. All of the waters section are administered by the enclosed by a line beginning at latitude Harbormaster appointed by the Town of ° ′ ″ ° ′ ″ Shelburne, Vermont. 43 19 15.7 N, longitude 070 33 42.1 W; thence to latitude 43°19′15.7″ N, lon- (d) Mallets Bay, Vt. The southwest- gitude 070°33′40.3″ W; thence to latitude erly portion of Mallets Bay, south of 43°19′2.6″ N, longitude 070°33′45.7″ W; Coates Island and west of a line bearing thence to latitude 43°19′3.7″ N, lon- 170° from the most easterly point of gitude 70°33′42.6″ W; thence to the point Coates Island to the mainland. of beginning. This area is approxi- (e) Mallets Bay, Vt. An area in the mately 5,800 sq. yards, encompassing northwesterly portion of Mallets Bay, the central portion of Wells Harbor. south of a line extending from the (b) Anchorage ‘‘B’’. All of the waters northeasterly end of Mallets Head to enclosed by a line beginning at latitude the northeasterly end of Marble Island, 43°19′11.1″ N, longitude 070°33′49.8″ W; and west of a line extending from the thence to latitude 43°19′10.5″ N, lon- northeasterly end of Marble Island to gitude 070°33′47.3″ W; thence to latitude the northeasterly side of Cave Island, 43°19′8.7″ N, longitude 070°33′50.6″ W; and southerly to the point on the lower thence to latitude 43°19′8.3″ N, lon- east side of Mallets Head. gitude 070°33′47.3 W; thence to the point

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of beginning. This area is approxi- 43°19′17.7″ N, longitude 070°33′34.0″ W; thence mately 25,000 sq. yards, encompassing to latitude 43°19′18.4″ N, longitude 070°33′32.9″ the western portion of Wells Harbor. W; thence to latitude 43°19′13.8″ N, longitude ° ′ ″ ° ′ ″ (c) Anchorage ‘‘C’’. All of the waters 070 33 25.5 W; thence to latitude 43 19 13.0 N, longitude 070°33′26.2″ W; thence to the point enclosed by a line beginning at latitude of beginning. This area is approximately 43°19′17.7″ N, longitude 070°33′34.0″ W; 8,200 sq. yards, encompassing the eastern thence to latitude 43°19′18.4″ N, lon- portion of Wells Harbor. gitude 070°33′32.9″ W; thence to latitude 43°19′13.0″ N, longitude 070°33′26.2″ W; § 110.10 Portsmouth Harbor, New thence to latitude 43°19′13.8″ N, lon- Hampshire, north of Newcastle Is- gitude 070°33′25.5″ W; thence to the land. point of beginning. This area is ap- From the northern most point of proximately 8,200 sq. yards, encom- Goat Island to latitude 43°04′25″ N, lon- passing the eastern portion of Wells gitude 070°43′37″ W; thence 089°30′ for Harbor. 1025 yards; thence 120° for 285 yards, (d) Regulations: This area is prin- thence 213° to the shoreline of New- cipally for use by yachts and other rec- castle Island, thence along the shore- reational craft. Temporary floats or line of Newcastle Island and across the buoys for marking anchors or moorings breakwater to Goat Island and to the in place are allowed in this area. Fixed point of beginning. mooring piles or stakes are not allowed. All moorings or anchors shall be [CGD 83–1R, 48 FR 56578, Dec. 22, 1983] placed well within the anchorage areas § 110.25 Salem Sound, Mass. so that no portion of the hull or rigging will at any time extend outside of (a) Beverly Harbor, north of Salem the anchorage. Neck, Salem, MA. A line extending from NOTE TO § 110.9: All anchoring in the areas the northerly end of the Salem Willows is under the supervision of the Wells Harbor Yacht Club House 360 yards bearing Master or other such authority as may be 281° true to position latitude 42°32′14.3″ designated by the authorities of the Town of N., longitude 70°52′24.17″ W.; thence Wells, Maine. All coordinates referenced use north 275 yards to Monument Bar Bea- datum: NAD 83. con thence 540 yards bearing 080° to po- [USCG–2011–0231, 76 FR 76296, Dec. 7, 2011] sition latitude 42°32′25.3″ N., longitude ° ′ ″ EFFECTIVE DATE NOTE: By USCG–2011–0231, 70 52 2.1 W., thence 365 yards bearing 77 FR 25590, May 1, 2012, § 110.9 was revised, 175° to position latitude 42°32′14.3″ N., effective July 30, 2012. For the convenience of longitude 70°52′1.1″ W.; thence 237° to the user, the revised text is set forth as fol- the shore. [NAD83] lows: (b) Bass River. All of the area up- § 110.9 Wells Harbor, Maine. stream of the highway bridge (Popes (a) Anchorage ‘‘A’’. All of the waters en- Bridge) outside of the dredged channel. closed by a line beginning at latitude (c) South Channel. Bounded by a line 43°19′15.7″ N, longitude 070°33′42.1″ W; thence commencing at the northern most to latitude 43°19′15.7″ N, longitude 070°33′40.3″ point of Peach’s Point at position lati- W; thence to latitude 43°19′3.7″ N, longitude tude 42°31′08.6″ N., longitude 70°50′32.8″ 070°33′42.6″ W; thence to latitude 43°19′2.6″ N, W.; thence westerly to a point, at posi- longitude 70°33′45.7″ W; thence to the point of tion latitude 42°31′21.9″ N., longitude beginning. This area is approximately 5,800 70°51′15.1″ W. off Fluen Point; thence sq. yards, encompassing the central portion of Wells Harbor. westerly to a point at latitude (b) Anchorage ‘‘B’’. All of the waters en- 42°31′19.3″ N., longitude 70°51′47.4″ W. off closed by a line beginning at latitude Naugus Head; thence southwesterly to 43°19′11.1″ N, longitude 070°33′49.8″ W; thence a point at latitude 42°31′00.3″ N., lon- to latitude 43°19′10.5″ N, longitude 070°33′47.3″ gitude 70°51′16.6″ W. east of Folger W; thence to latitude 43°19′8.3″ N, longitude Point; thence to a point at latitude 070°33′47.3″ W; thence to latitude 43°19′8.7″ N, 42°30′38.3″ N., longitude 70°52′34.6″ W.; ° ′ ″ longitude 070 33 50.6 W; thence to the point thence easterly to a point on Long of beginning. This area is approximately ° ′ ″ 25,000 sq. yards, encompassing the western Point at latitude 42 30 52.6 N., lon- portion of Wells Harbor. gitude 70°53′05″ W. The areas will be (c) Anchorage ‘‘C’’. All of the waters en- principally for use by yachts and other closed by a line beginning at latitude recreational craft. Temporary floats or

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buoys for marking anchors will be al- are allowed. Fixed mooring piles or stakes lowed in the areas but fixed piles or are prohibited. All moorings shall be so that stakes may not be placed. The anchor- no vessel, when anchored, shall at any time ing of vessels, the placing of moorings, extend beyond the limits of the area. The anchoring of vessels and the placing of tem- and the maintenance of fairways will porary moorings are under the jurisdiction be under the jurisdiction of the local and at the direction of the local Harbor Master. harbormaster. (d) Beverly and Mackerel Coves, north side of Beverly Harbor. The water area [CGFR 68–96, 33 FR 12550, Sept. 5, 1968; CGFR 68–157, 34 FR 1380, Jan. 29, 1969] enclosed by a line commencing at the southernmost point of Curtis Point in § 110.27 Lynn Harbor in Broad Sound, Beverly; thence bearing 238°, 1,400 Mass. yards to latitude 42°32′29.7″ N., North of a line bearing 244° from the 70°51′32.1″ W.; thence 284°, 1,475 yards to the western shoreline of Mackerel tower of the Metropolitan District Cove; thence north northeasterly to Building, extending from the shore to a point 100 feet from the east limit of the the point of beginning. ° (e) Collins Cove, Salem, MA. The water channel; east of a line bearing 358 , ex- area enclosed by a line beginning at tending thence to a point 100 feet east Monument Bar Beacon; thence 242°, 580 of the northeast corner of the turning ° yards to latitude 42°32′14.5″ N., lon- basin; south of a line bearing 88 , ex- gitude 70°52′46.3″ W.; thence 284°, 220 tending thence to the shore; and south yards to latitude 42°32′16″ N., longitude and west of the shoreline to its inter- 70°52′55″ W.; thence 231°, 525 yards to a section with the south boundary. point on the shoreline; thence fol- [USCG–2009–0416, 74 FR 27439, June 10, 2009] lowing the shoreline and the western boundary of the special anchorage area § 110.29 Boston Inner Harbor, Mass. as described in 33 CFR 110.25(a) to the (a) Vicinity of Pleasant Park Yacht point of beginning. Club, Winthrop. Southerly of a line (f) Marblehead Harbor, Marblehead, bearing 276° from a point on the west MA. The area comprises that portion of side of Pleasant Street, Winthrop, 360 the harbor lying between the extreme feet from the southwest corner of its low water line and southwestward of a intersection with Main Street; west- ° line bearing 336 from Marblehead Neck erly of a line bearing 186° from a point Light to a point on Peach Point at lation the south side of Main Street 140 ° ′ ″ ° ′ ″ tude 42 31 03 N., longitude 70 50 30 W. feet from the southwest corner of its NOTE: The area is principally for use by intersection with Pleasant Street; yachts and other recreational craft. Tem- northerly of a line bearing 256° from a porary floats or buoys for marking anchors are allowed. Fixed mooring piles or stakes point on the west side of Pleasant are prohibited. All moorings must be so that Street 550 feet from the southwest cor- no vessel, when anchored, will at any time ner of its intersection with Main Street extend beyond the limits of the area. The an- and easterly of a line bearing 182° from choring of vessels and the placing of tem- a point on the south side of Main porary moorings are under the jurisdiction Street 640 feet from the southwest cor- and at the direction of the local ner of its intersection with Pleasant harbormaster. Street. [USCG–2009–0416, 74 FR 27438, June 10, 2009] (b) Mystic River, east side of Tobin Bridge. Beginning at a line running § 110.26 Marblehead Harbor, Marble- from a point on the Tobin Bridge at head, Mass. latitude 42°23′08.5″ N. 071°02′48.2″ W. to a The area comprises that portion of point at latitude 42°23′06.4″ N. the harbor lying between the extreme 071°02′43.7″ W.; thence northwest to a low water line and southwestward of a point at latitude 42°23′09.1″ N. line bearing 336° from Marblehead Neck 071°02′43.2″ W. along the shoreline to Light to a point on Peach Point at lati- the western side of Tobin Bridge, tude 42°31′03″, longitude 70°50′30″. thence to the point of origin. NOTE: The area is principally for use by (c) Mystic River, west side of Tobin yachts and other recreational craft. Tem- Bridge. Beginning at a line running porary floats or buoys for marking anchors from a point on the Tobin Bridge at

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latitude 42°23′08.8″ N. 071°02′48.6″ W. to a Railway on Freeport Street in Dor- point at latitude 42°23′10.5″ N. 071°05′52″ chester; westerly of a line bearing 163° W.; thence northwest to the southeast- from the stack of the Boston Main erly corner of the pier at latitude Drainage Pumping Station on the Cow 42°23′13.4″ N. 071°02′57.1″ W. along the Pasture in Dorchester; and southerly pier to the shoreline to the eastern side and easterly of the shoreline. of Tobin Bridge, thence to the point of (c) Dorchester Bay, in vicinity of Dor- origin. chester Yacht Club. Eastward of a line (d) Boston Inner Harbor A. (1) The wa- bearing 21° from the stack located a ters of the western side of Boston Inner short distance northwestward of the Harbor north of the entrance to the Dorchester Yacht Club; southward of a Fort Point Channel bound by the fol- line bearing 294° from the southerly lowing points beginning at latitude channel pier of the highway bridge; ° ′ ″ ° ′ ″ 42 21 32 N., longitude 071 02 50 W; westward of the highway bridge and ° ′ ″ thence to latitude 42 21 33 N., lon- the shoreline; and northward of the ° ′ ″ gitude 071 02 44 W.; thence to latitude shoreline. ° ′ ″ ° ′ ″ 42 21 26 N., longitude 071 02 36 W.; (d) Quincy Bay, in vicinity of Wollaston thence to latitude 42°21′26″ N., lon- ° ′ ″ and Squantum Yacht Clubs. Northwest- gitude 071 02 53 W.; thence to point of erly of a line bearing 36°30′ from a point origin. [NAD83]. on the shore 2,600 feet easterly of the (2) The area is principally for use by east side of the Wollaston Yacht Club yachts and other recreational craft. landing; southwesterly of a line bear- Temporary floats or buoys for marking ing 129°15′ from the water tank in anchors will be allowed. Fixed mooring Squantum; and southeasterly and piles or stakes are prohibited. The an- northeasterly of the shoreline. choring of vessels and placing of temporary moorings will be under the ju- (e) Quincy Bay, in vicinity of risdiction, and at the discretion of the Merrymount Yacht Club. South of a line ° Harbormaster, City of Boston. All starting from a point bearing 246 , 3,510 moorings must be so placed that no yards, from the stack of the pumping vessel, when moored, will at any time station on Nut Island, and extending ° extend beyond the limits of the area. thence 306 to the shore; west of a line bearing 190° from the aforesaid point to NOTE TO PARAGRAPH (d): Administration of the shore; and north and east of the Special Anchorage Area is exercised by the shoreline. Harbormaster, City of Boston, pursuant to local ordinances. The City of Boston will in- (f) Weymouth Fore River, in vicinity of stall and maintain suitable navigational aids Quincy Yacht Club. A line from the po- to mark the limits of Special Anchorage sition latitude 42°16′46.9″ N. 70°57′12.5″ areas. W. to position latitude 42°16′48.8″ N. [USCG–2009–0416, 74 FR 27439, June 10, 2009] 70°57′5.5″ W.; thence to latitude 42°16′31″ N. 70°56′23.1″ W. to the northerly end of § 110.30 Boston Harbor, Mass. Raccoon Island at position latitude (a) Vicinity of South Boston Yacht 42°15′48″ N. 70°56′43.4″ W.; thence along Club, South Boston. Northerly of a line the western shoreline of Raccoon Is- bearing 96° from the stack of the heat- land to the point latitude 42°15′46.4″ N. ing plant of the Boston Housing Au- 70°56′55.4″ W.; thence to latitude thority in South Boston; easterly of a 42°15′43″ N. 70°57′5.8″ W.; thence along line bearing 5° from the west shaft of the shoreline to the point of origin. the tunnel of the Boston Main Drain- [NAD83] age Pumping Station; southerly of the (g) Weymouth Fore River, in vicinity of shoreline; and westerly of a line bear- Wessagussett Yacht Club. Southwesterly ing 158° from the northeast corner of of a line bearing 117° from channel the iron fence marking the east bound- light ‘‘4’’; southeasterly of a line 150 ary of the South Boston Yacht Club feet from and parallel to the mean- property. dering easterly limit of the dredged (b) Dorchester Bay, in vicinity of Savin channel; easterly of a line bearing 188° Hill Yacht Club. Northerly of a line from the eastern extremity of Rock Is- bearing 64° from the stack of the old land Head; and northwesterly of the power plant of the Boston Elevated shoreline.

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(h) Weymouth Fore River, in the vicin- floats or buoys for marking anchors will be ity of Gull Point (PT). All of the waters allowed. Fixed mooring piles or stakes are bound by the following points begin- prohibited. The anchoring of vessels and the ning at latitude 42°15′05″ N., longitude placing of temporary moorings is under the ° ′ ″ ° ′ ″ jurisdiction, and at the discretion, of the 70 57 26 W.; thence to latitude 42 15 00 local Harbor Master, Hull, Mass. ° ′ ″ N., longitude 70 57 26 W.; thence to (m) Hingham Harbor Area 1. Beginning ° ′ ″ ° ′ ″ latitude 42 15 15 N., longitude 70 56 50 at position latitude 42°15′39.3″ N. lon- ° ′ ″ W.; thence to latitude 42 15 18 N., longitude 70°53′22.1″ W.; thence to latitude ° ′ ″ gitude 70 56 50 W.; thence to the point 42°15′53.8″ N. longitude 70°53′30.1″ W.; of the beginning. [NAD83] thence to latitude 42°15′56.3″ N. lon- NOTE TO PARAGRAPH (h): The area is prin- gitude 70°53′21.1″ W.; thence to latitude cipally for use by recreational craft. All an- 42°15′42.3″ N. longitude 70°53′13.1″ W.; choring in the area will be under the supervision of the local harbor master or such thence to point of beginning. [NAD83] other authority as may be designated by the (n) Hingham Harbor Area 2. Beginning authorities of the Town of Weymouth, Mas- at position latitude 42°15′30.6″ N. lon- sachusetts. All moorings are to be so placed gitude 70°53′0.5″ W.; thence to latitude that no moored vessel will extend beyond the 42°15′30.3″ N. longitude 70°53′11.6″ W.; limit of the anchorage area. thence to latitude 42°15′27.8″ N. lon- (i) Weymouth Back River, in vicinity of gitude 70°53′16.1″ W.; thence to latitude Eastern Neck. The cove on the north 42°15′28.8″ N. longitude 70°53′29.1″ W.; side of the river lying northerly of a thence to latitude 42°15′35.3″ N. lon- line bearing 264°30′ from the southwest- gitude 70°53′32.1″ W.; thence to latitude erly corner of the American Agricul- 42°15′36.3″ N. longitude 70°53′34.6″ W.; tural Chemical Company’s wharf (Brad- thence to latitude 42°15′41.3″ N. lon- ley’s Wharf) to the shore of Eastern gitude 70°53′32.6.5″ W.; thence to lati- Neck, about 2,200 feet distant. tude 42°15′31.3″ N. longitude 70°53′26.1″ (j) Area No. 1 in Allerton Harbor. That W.; thence to latitude 42°15′31.8″ N. lon- area north of Spinnaker Island begin- gitude 70°53′01.1″ W.; thence to point of ning at latitude 42°18′15.3″ N. 70°53′44.1″ beginning. [NAD83] W.; thence due east to latitude (o) Hingham Harbor Area 3. Beginning ° ′ ″ ° ′ ″ 42 18 15.3 N. longitude 70 53 27.6 W.; at latitude 42°15′33.3″ N. longitude ° ′ ″ thence due south to latitude 42 18 07.8 70°52′59.6″ W.; thence to latitude ° ′ ″ N. longitude 70 53 27.6 W.; thence due 42°15′33.8″ N. longitude 70°53′17.1″ W.; ° ′ ″ west to latitude 42 18 07.8 N. longitude thence to latitude 42°15′35.8″ N. lon- ° ′ ″ 70 53 44.1 W.; thence due north to the gitude 70°53′00.1″ W.; thence to point of point of beginning. [NAD83] beginning. [NAD83] (k) Area No. 2 in Hull Bay. That area (p) Hingham Harbor Area 4. Beginning south of Hog Island beginning at lati- at position latitude 42°14′47.3″ N. lon- ° ′ ″ ° ′ ″ tude 42 17 50.8 N. longitude 70 54 05.1 gitude 70°53′07.6″ W.; thence to latitude W.; thence due east to latitude 42°14′48.8″ N. longitude 70°53′9.6″ W.; ° ′ ″ ° ′ ″ 42 17 50.8 N. longitude 70 53 27.6 W.; thence to latitude 42°14′54.3″ N. lon- ° ′ ″ thence due south to latitude 42 17 30.3 gitude 70°53′6.1″ W.; thence to latitude ° ′ ″ N. longitude 70 53 27.6 W.; thence due 42°14′56.9″ N. longitude 70°52′56.6″ W.; ° ′ ″ west to latitude 42 17 30.3 N. longitude thence to point of beginning. [NAD83] ° ′ ″ 70 54 5.1 W.; thence due north to the (q) Hingham Harbor Area 5. Beginning point of beginning. [NAD83] at position latitude 42°14′48.3″ N. lon- (l) Area No. 3 in Hull Bay. That area gitude 70°52′55.1″ W.; thence to latitude north of Bumkin Island beginning at 42°14′48.8″ N. longitude 70°53′0.1″ W.; ° ′ ″ position latitude 42 17 22.3 N. longitude thence to latitude 42°14′58.3″ N. lon- ° ′ ″ 70 54 5.1 W.; thence due east to latitude gitude 70°52′49.1″ W.; thence to latitude ° ′ ″ ° ′ ″ 42 17 22.3 N. longitude 70 53 15.6 W.; 42°14′53.8″ N. longitude 70°52′48.1″ W.; ° ′ ″ thence due south to latitude 42 17 01.3 thence to point of beginning. [NAD83] N. longitude 70°53′15.6″ W.; thence due ° ′ ″ NOTE TO PARAGRAPHS (m), (n), (o), (p) AND west to latitude 42 17 01.3 N. longitude (q): The areas will be principally for use by 70°54′5.17″ W.; thence due north to the yachts and other recreational craft. Tem- point of beginning. [NAD83]. porary floats or buoys for marking anchors NOTE TO PARAGRAPHS (j), (k), AND (l): The will be allowed in the areas but fixed piles or areas will be principally for use by yachts stakes may not be placed. The anchoring of and other recreational craft. Temporary vessels and the placing of moorings will be

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under the jurisdiction of the local Harbor 42°15′35″, longitude 70°53′34″; thence to Master. latitude 42°15′36″, longitude 70°53′36.5″; [USCG–2009–0416, 74 FR 27439, June 10, 2009] thence to latitude 42°15′41″, longitude 70°53′34.5″; thence to latitude 42°15′31″, § 110.31 Hull Bay and Allerton Harbor longitude 70°53′28″; thence to latitude at Hull, Mass. 42°15′31.5″, longitude 70°53′03″; thence to (a) Area No. 1 in Allerton Harbor. That point of beginning. area north of Hog Island beginning at (c) Area 3. Beginning at latitude latitude 42°18′15″, longitude 70°53′46″; 42°15′33″, longitude 70°53′01.5″; thence to thence due east to latitude 42°18′15″, latitude 42°15′33.5″, longitude 70°53′19″; longitude 70°53′29.5″; thence due south thence to latitude 42°15′35.5″, longitude to latitude 42°18′07.5″, longitude 70°53′02″; thence to point of beginning. 70°53′29.5″; thence due west to latitude (d) Area 4. Beginning at latitude 42°18′07.5″, longitude 70°53′46″; thence 42°14′47″, longitude 70°53′09.5″; thence to due north to the point of beginning. latitude 42°14′48.5″, longitude 70°53′11.5″; (b) Area No. 2 in Hull Bay. That area thence to latitude 42°14′54″, longitude south of Hog Island beginning at lati- 70°53′08″; thence to latitude 42°14′56.5″, tude 42°17′50.5″, longitude 70°54′07″; longitude 70°52′58.5″; thence to point of thence due east to latitude 42°17′50.5″, beginning. longitude 70°53′29.5″; thence due south (e) Area 5. Beginning at latitude to latitude 42°17′30″, longitude 42°14′48″, longitude 70°52′57″; thence to 70°53′29.5″; thence due west to latitude latitude 42°14′48.5″, longitude 70°53′02″; 42°17′30″, longitude 70°54′07″; thence due thence to latitude 42°14′58″, longitude north to the point of beginning. 70°52′51″; thence to latitude 42°14′53.5″, (c) Area No. 3 in Hull Bay. That area longitude 70°52′50″; thence to point of north of Bumkin Island beginning at beginning. latitude 42°17′22″, longitude 70°54′07″; NOTE: The areas will be principally for use thence due east to latitude 42°17′22″, by yachts and other recreational craft. Tem- longitude 70°53′17.5″; thence due south porary floats or buoys for marking anchors to latitude 42°17′01″, longitude will be allowed in the areas but fixed piles or 70°53′17.5″; thence due west to latitude stakes may not be placed. The anchoring of 42°17′01″, longitude 70°54′07″; thence due vessels and the placing of moorings will be north to the point of beginning. under the jurisdiction of the local Harbor Master. NOTE: The areas will be principally for use by yachts and other recreational craft. Tem- [CGFR 68–89, 33 FR 11077, Aug. 3, 1968] porary floats or buoys for marking anchors will be allowed. Fixed mooring piles or § 110.37 Sesuit Harbor, Dennis, Mass. stakes are prohibited. The anchoring of ves- All the waters of Sesuit Harbor sels and the placing of temporary moorings southerly of a line extending between is under the jurisdiction, and at the discre- the outer end of the jetties on each side tion, of the local Harbor Master, Hull, Mass. of the entrance to the Harbor. [CGFR 68–160, 34 FR 392, Jan. 10, 1969; 34 FR 939, Jan. 22, 1969] NOTE: The area will be principally for use by yachts and other recreational craft. Tem- § 110.32 Hingham Harbor, Hingham, porary floats or buoys for marking anchors Mass. will be allowed. Fixed mooring piles of stakes will be prohibited. The anchoring of (a) Area 1. Beginning at latitude vessels and the placing of temporary moor- 42°15′39″, longitude 70°53′24″; thence to ings will be under the jurisdiction and at the latitude 42°15′53.5″, longitude 70°53′32″; discretion of the local Harbor Master. thence to latitude 42°15′56″, longitude 70°53′23″; thence to latitude 42°15′42″, § 110.38 Edgartown Harbor, Mass. longitude 70°53′15″; thence to point of An area in the inner harbor easterly beginning. of the project channel and south of (b) Area 2. Beginning at latitude Chappaquiddick Point bounded as fol- 42°15′30″, longitude 70°53′02.5″; thence to lows: Beginning at latitude 41°23′19″, latitude 42°15′30″, longitude 70°53′13.5″; longitude 70°30′32″; thence southeast- thence to latitude 42°15′27.5″, longitude erly along the shore to latitude 70°53′18″; thence to latitude 42°15′28.5″, 41°22′52″, longitude 70°30′12″; thence longitude 70°53′31″; thence to latitude 287°30′ 1,600 feet; thence 327°30′, 700 feet;

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thence 359° true, 800 feet; thence 24°15′ § 110.46 Newport Harbor, Newport, R.I. approximately 900 feet to the point of (a) Area No. 1. The waters of Brenton beginning. Cove south of a line extending from NOTE: The area is reserved for yachts and latitude 41°28′50″ N., longitude 71°18′58″ other small recreational craft. Fore and aft W.; to latitude 41°28′45″ N., longitude moorings and temporary floats or buoys for 71°20′08″ W.; thence along the shoreline marking anchors in place will be allowed. All to the point of beginning. moorings shall be so placed that no vessel (b) Area No. 2. The waters east of when anchored shall extend into waters be- Goat Island beginning at a point bear- yond the limits of the area. Fixed mooring ing 090°, 245 yards from Goat Island piles or stakes are prohibited. Shoal Light; thence 007°, 505 yards; thence 054°, 90 yards; thence 086°, 330 § 110.40 Silver Beach Harbor, North yards; thence 122°, 90 yards; thence 179°, Falmouth, Mass. 290 yards; thence 228°, 380 yards; thence All the waters of the harbor north- 270°, 250 yards to the point of begin- ward of the inner end of the entrance ning. channel. (c) Area No. 3. The waters north of Goat Island Causeway Bridge beginning § 110.45 Onset Bay, Mass. at Newport Harbor Light; thence 023° Northerly of a line extending from to the southwest corner of Anchorage the northernmost point of Onset Island E; thence 081° following the southerly to the easternmost point of Wickets Is- boundary of Anchorage E to the shoreland; easterly of a line extending from line; thence south along the shoreline the easternmost point of Wickets Is- to the east foot of the Goat Island land to the southwest extremity of Causeway bridge; thence west following Goat Island Causeway Bridge to the Point Independence; southerly of the shoreline of Goat Island; thence north shore line; and westerly of the shore following the east shore of Goat Island line and of a line bearing due north to the point of beginning. from the northernmost point of Onset Island. [CGD 76–104, 44 FR 21792, Apr. 12, 1979]

§ 110.45a Mattapoisett Harbor, § 110.47 Little Narragansett Bay, Mattapoisett, Mass. Watch Hill, R.I. (a) Area No. 1 beginning at a point on All of the navigable waters of Watch the shore at latitude 41°39′23″ N., lon- Hill Cove southeasterly of a line begin- gitude 70°48′50″ W.; thence 138.5° T. to ning at the shore end of the United States project groin on the southerly latitude 41°38′45″ N., longitude 70°48′02″ shore of the cove and running 41°30′ W.; thence 031° T. to latitude 41°39′02″ ° ′ ″ true, to the northerly shore of the cove N., longitude 70 47 48 W.; thence along at a point about 200 feet west of the the shore to the point of beginning. west side of the shore end of Meadow (b) Area No. 2 beginning at a point on Lane, with the exception of a 100-foot the shore at latitude 41°39′24″ N., lon- wide channel running from the west- gitude 70°49′02″ W.; thence 142.5° T. to erly end of the cove in a southeasterly latitude 41°38′10″ N., longitude 70°47′45″ direction to the Watch Hill Yacht Club W.; thence 219° T. to latitude 41°37′54″ pier, thence along in front of the piers N., longitude 70°48′02″ W.; thence along on the easterly side of the cove north- the shore to the point of beginning. erly to the shore at the north end of the cove. NOTE: Administration of the Special An- chorage Area is exercised by the § 110.48 Thompson Cove on east side of Harbormaster, Town of Mattapoisett pursu- Pawcatuck River below Westerly, ant to a local ordinance. The town of R.I. Mattapoisett will install and maintain suitable navigational aids to mark the perimeter Eastward of a line extending from of the anchorage area. the channelward end of Thompson Dock at the northern end of Thompson [CGD 83–2R, 49 FR 25445, June 21, 1984; 49 FR Cove 184° to the shore at the southern 27320, July 3, 1984] end of Thompson Cove.

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§ 110.50 Stonington Harbor, Conn. § 110.50b Mystic Harbor, Groton and Stonington, Conn. (a) Area No. 1. Beginning at the southeastern tip of Wamphassuc Point; (a) Area No. 1. Beginning at Ram thence to the northwesterly end of Point on the westerly side of Mason Is- Stonington Inner Breakwater; thence land at latitude 41°19′44″, longitude along the breakwater to longitude 71°58′42″; thence to latitude 41°19′30″, 71°54′50.5″; thence to latitude 41°20′25.3″, longitude 71°58′43″; thence to latitude longitude 71°54′50.5″; thence to a point 41°19′36″, longitude 71°58′58″; thence to on the shoreline at latitude 41°20′32″, latitude 41°19′45″, longitude 71°58′56″; longitude 71°54′54.8″; thence along the thence to the point of beginning. shoreline to the point of beginning. (b) Area No. 2. Beginning at a point (b) Area No. 2. Beginning at a point about 250 feet southerly of Area 1 and on the shoreline at latitude 41°19′55.8″, on line with the easterly limit of Area ° ′ ″ longitude 71°54′28.9″; thence to latitude 1 at latitude 41 19 27 , longitude ° ′ ″ ° ′ ″ 71°58′44″; thence to latitude 41°19′19″, 41 19 55.8 , longitude 71 54 37.1 ; thence ° ′ ″ to latitude 41°20′01.6″, longitude longitude 71 58 45 ; thence to latitude 41°19′25″, longitude 71°58′59″; thence to 71°54′38.8″; thence to a point on the latitude 41°19′33″, longitude 71°58′58″; shoreline at latitude 41°20′02″, longitude thence to the point of beginning. 71°54′34.3″; thence along the shoreline to the point of beginning. NOTE: The areas will be principally for use (c) Area No. 3. Beginning at a point by yachts and other recreational craft. Tem- on the shoreline at latitude 41°20′29.5″, porary floats or buoys for marking anchors longitude 71°54′43″; thence to latitude will be allowed. Fixed mooring piles or ° ′ ″ ° ′ ″ stakes are prohibited. All moorings shall be 41 20 25.6 , longitude 71 54 48.5 ; thence so placed that no vessel, when anchored, to latitude 41°20′10.7″, longitude shall at any time extend beyond the limits of 71°54′48.5″; thence to the shoreline at the areas. The anchoring of vessels and the latitude 41°20′10.7″; thence along the placing of temporary moorings will be under shoreline to the point of beginning. the jurisdiction and at the discretion of the local Harbor Master. NOTE: A fixed mooring stake or pile is prohibited. The General Statutes of the State of § 110.50c Mumford Cove, Groton, Connecticut authorizes the Harbor Master of Conn. Stonington to station and control a vessel in the harbor. (a) Area No. 1. Beginning at a point on the easterly shore of Mumford Cove [CGFR 68–164, 34 FR 1380, Jan. 29, 1969] at latitude 41°19′36″, longitude 72°01′06″; thence to latitude 41°19′30″, longitude § 110.50a Fishers Island Sound, 72°01′04″; thence to the shoreline at Stonington, Conn. latitude 41°19′31″, longitude 72°01′00″; An area on the east side of Mason Is- and thence along the shoreline to the land bounded as follows: point of beginning. Beginning at the shore line on the (b) Area No. 2. Beginning at a point easterly side of Mason Island at lation the easterly shore of Mumford Cove tude 41°20′06″; thence due east about 600 at latitude 41°19′15″, longitude 72°00′54″; feet to latitude 41°20′06″, longitude thence to latitude 41°19′14.5″, longitude 71°57′37″; thence due south about 2,400 72°00′59″; thence to latitude 41°19′11″, feet to latitude 41°19′42″, longitude longitude 72°00′58″; thence to latitude 71°57′37″; thence due west about 1,000 41°19′10″, longitude 72°00′54″; thence to feet to the shore line on the easterly latitude 41°19′12.5″, longitude 72°00′52″; side of Mason Island at latitude thence to latitude 41°19′14″, longitude 41°19′42″; thence along the shore line to 72°00′55″; and thence to the point of be- the point of beginning. ginning.

NOTE: The area will be principally for use NOTE: The areas are principally for use by by yachts and other recreational craft. Tem- yachts and other recreational craft. Tem- porary floats or buoys for marking anchors porary floats or buoys for marking anchors will be allowed. Fixed mooring piles or will be allowed. Fixed mooring piles or stakes will be prohibited. The anchoring of stakes will be prohibited. The anchoring of vessels and the placing of temporary moor- vessels and placing of temporary moorings ings will be under the jurisdiction and the will be under the jurisdiction, and at the dis- discretion of the local Harbor Master. cretion, of the local Harbor Master.

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§ 110.50d Mystic Harbor, Noank, Conn. sel at anchor may be used. Fixed mooring pilings or stakes are prohibited. (a) The area comprises that portion of the harbor off the easterly side of [CGD01–97–014, 63 FR 34815, June 26, 1998] Morgan Point beginning at a point at latitude 41°19′15″, longitude 71°59′13.5″; § 110.52 Thames River, New London, thence to latitude 41°19′15″, longitude Conn. 71°59′00″; thence to latitude 41°19′02.5″, (a) Area No. 1. An area in the westerly longitude 71°59′00″; thence to latitude part of Greens Harbor bounded as fol- 41°19′06″, longitude 71°59′13.5″; and lows: Beginning at a point on the shore thence to the point of beginning. 100 yards southeasterly of the south- (b) The following requirements shall erly side of Thames Street extended; govern this special anchorage area: thence 84°, 420 yards; thence 156°, 425 (1) The area will be principally for yards; thence 240°, 210 yards, to the use by yachts and other recreational shore; and thence northwesterly along craft. the shore to the point of beginning. (2) Temporary floats or buoys for (b) Area No. 2. An area in the westerly marking anchors will be allowed but part of Greens Harbor bounded as fol- fixed piles or stakes are prohibited. All lows: Beginning at a point on the shore moorings shall be so placed that no 15 yards southeasterly of the southerly vessel, when anchored, shall extend be- side of Converse Place extended; thence yond the limits of the area. 54°, 170 yards; thence 114°30′, 550 yards; (3) The anchoring of vessels and the thence 266°30′, 250 yards; thence 234°, 230 placing of temporary moorings shall be yards, to the shore; and thence north- under the jurisdiction and at the dis- westerly along the shore to the point of cretion of the local harbor master, beginning. Noank, Conn. (c) Area No. 3. An area on the west- [CGFR 68–3, 33 FR 4738, Mar. 20, 1968] erly side of the Thames River in the vicinity of Jacobs Rock, the location of § 110.51 Groton, Conn. the U.S. Coast Guard Academy Sailing The waters between an unnamed cove Center, bounded as follows: Beginning and Pine Island. at the point on the shore where the (a) Beginning at a point on the shore- north side of the Jacobs Rock cause- line of Avery Point at latitude way meets the western shoreline; 41°19′01.4″, longitude 072°03′42.8″; thence thence northerly along the western to a point in the cove at latitude shore of the Thames River a distance of ° 41°19′02.5″, longitude 72°03′36.2″; thence 200 yards: thence 090 , 240 yards; thence ° southeasterly to a point at latitude 180 , 200 yards to the Jacobs Rock 41°18′56.2″, longitude 072°03′34.2″; thence causeway; thence westerly along the northeasterly to latitude 41°19′02.5″, causeway to the point of beginning. longitude 072°03′19.2″ thence termi- (d) Area No. 4. An area in the western nating at the tip of Jupiter Point at part of the Thames River, north of the latitude 41°19′04.4″, longitude highway bridge, bounded as follows: 072°03′19.7″. DATUM: NAD 83 Beginning at a point 125 yards north of ° ′ ″ (b) Beginning at a point on the shore- the highway bridge at latitude 41 21 56 ° ′ ″ line of Pine Island at latitude N., longitude 72 05 32 W.; thence eas- ° ′ ″ 41°18′47.1″, longitude 072°03′36.8″; thence terly to latitude 41 21 56 N., longitude ° ′ ″ northerly to latitude 41°18′54.1″, lon- 72 05 27 W.; thence northerly to lati- ° ′ ″ ° ′ ″ gitude 072°03′35.4″; thence northeasterly tude 41 22 12 N., longitude 72 05 27 W.; ° ′ ″ to a point at latitude 41°19′01.2″, lon- thence westerly to latitude 41 22 12 N., ° ′ ″ gitude 072°03′19.3″; thence terminating longitude 72 05 47 W.; thence south- ° ′ ″ at a point at latitude 41°18′54.0″, lon- easterly to latitude 41 22 02 N., lon- ° ′ ″ gitude 072°03′17.5″. DATUM: NAD 83 gitude 72 05 40 W.; thence downriver along the charted foul grounds to the NOTE: The areas designated by (a) and (b) point of beginning. are principally for the use of recreational vessels. Vessels shall be anchored so that NOTE: The area designated by paragraph (c) part of the vessel obstructs the 135 foot wide of this section is principally for the use of channel. Temporary floats or buoys for U.S. Coast Guard Academy and Academy-re- marking the location of the anchor of a ves- lated boats. Temporary floats or buoys for

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marking anchors may be used. The anchor- mately 211°, 270 yards, from Haydens ing of vessels and the placing of moorings Point Light; thence 270°, 160 yards; will be under the jurisdiction and at the dis- thence due north, 140 yards; thence cretion of the Chief, Waterfront Branch, U.S. 300°, 190 yards; thence 330°, 400 yards; Coast Guard Academy, New London, Con- ° ° necticut. thence 90 , 60 yards; thence 150 , 350 yards; thence 120°, about 434 yards to a [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as point on the shore; thence along the amended by CGD3–84–37, 49 FR 36840, Sept. 20, shore southwesterly to the point of be- 1984; CGD3 85–67, 51 FR 32317, Sept. 11, 1986] ginning. § 110.53 Niantic, Conn. (b) Area No. 2, at Essex. Beginning at a point latitude 41°21′22″, longitude Beginning on the shoreline at lati- 72°22′53″; thence 205°30′, 375 yards; tude 41°18′25.3″, longitude 72°12′16.3″; thence 194°31′, 100 yards; thence 185°00′, thence to latitude 41°18′23.3″, longitude 440 yards; thence 153°30′, 80 yards; 72°12′11.6″; thence to latitude 41°18′50.7″, thence 121°00′, 220 yards; thence due longitude 72°11′51.5″; thence to the north approximately 1060 yards to the shoreline at latitude 41°18′56.5″, lon- point of beginning. gitude 72°12′05.6″; thence along the shoreline to the point of beginning. NOTE: The area will be principally for use by yachts and other recreational craft. Tem- NOTE: This area is for public use, prin- porary floats or buoys for marking anchors cipally for vessels used for a recreational will be allowed. Fixed mooring piles or purpose. A temporary float or buoy for stakes are prohibited. The anchoring of ves- marking the location of the anchor of a vessels and the placing of temporary moorings sel at anchor may be used. Fixed mooring will be under the jurisdiction and at the dis- piles or stakes are prohibited. cretion of the local Harbor Master. [CGFR 69–24, 34 FR 6480, Apr. 15, 1969] (c) West of Brockway Island at Essex. That portion of the waters northwest § 110.54 Long Island Sound, on west of a line ranging 238° from latitude side of entrance to Pataguanset 41°22′20.7″, longitude 72°22′49.8″ to the River, Conn. shoreline; southwest of a line con- An area east of Giants Neck (for- necting a point at latitude 41°22′20.7″, merly known as Grant Neck) described longitude 72°22′49.8″ and a point at lati- as follows: Beginning at a point bear- tude 41°22′28.2″, longitude 72°22′56″; and ing 114°, 75 feet, from the outer end of southeast of a line ranging 238° from the breakwater at the south end of Gi- latitude 41°22′28.2″, longitude 72°22′56″ to ants Neck; thence 90°, 1,050 feet; thence the shoreline. ° ′ ″ ° ′ ″ 22 17 30 , 2,140 feet; thence 283 - 27 15.5 , NOTE: This area is principally for vessels 240 feet; thence 220°36′39″, 1,252.6 feet; used for a recreational purpose. A mooring thence 295°23′16.5″, 326.5 feet; thence buoy is permitted. Fixed mooring piles or 269°02′42.6″, 240 feet; thence 261°46′50.9″, stakes are prohibited. ° ′ ″ 181.9 feet; thence 226 28 07.7 , 275.9 feet; (d) Upper Bay—(1) Anchorage No. 20–A. ° ′ ″ thence 147 43 27.7 , 449.4 feet; thence (i) All waters bound by the following ° ′ ″ 238 01 35.8 , 379.6 feet; and thence appoints: latitude 40°42′06.9″ N., longitude ° ′ ″ proximately 156 31 05.8 , 462.11 feet, to 074°02′18.0″ W.; thence to latitude the point of beginning. 40°42′05.4″ N., longitude 074°01′56.9″ W.; thence to latitude 40°41′54.9″ N., lon- § 110.55 Connecticut River, Conn. gitude 074°01′57.7″ W.; thence to latitude (a) West of Calves Island at Old 40°41′54.0″ N., longitude 074°02′12.0″ W.; Saybrook. Beginning at a point bearing thence to latitude 40°41′54.4″ N., lon- 254°09′16″, 153 yards, from Calves Island gitude 074°02′11.7″ W.; thence to latitude 20 Light; thence 157°, 1,037 yards; 40°41′57.5″ N., longitude 074°02′07.5″ W.; thence 175°, 150 yards; thence 265°, 250 thence to latitude 40°42′06.1″ N., lon- yards; thence 350°, 660 yards; thence gitude 074°02′19.1″ W.; thence to the 337°, 460 yards; and thence approxi- point of origin (NAD 83). mately 67°, 135 yards, to the point of (ii) See 33 CFR 110.155(d)(6), (d)(16), beginning. and (l). (a–1) Area No. 1, at Essex. Beginning (2) Anchorage No. 20–B. (i) All waters at a point on the shore on the west side bound by the following points: latitude of Haydens Point bearing approxi- 40°41′46.2″ N., longitude 074°02′23.0″ W.;

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thence to latitude 40°41′42.4″ N., lon- latitude 41°24′05″, longitude 72°25′41″; gitude 074°02′00.5″ W.; thence to latitude thence due east about 600 feet to lati- 40°41′35.7″ N., longitude 074°02′02.7″ W.; tude 41°24′05″, longitude 72°25′32″; thence thence to latitude 40°41′30.3″ N., lon- due north about 1,800 feet to latitude gitude 074°02′06.3″ W.; thence to latitude 41°24′23″, longitude 72°25′32″; thence due 40°41′41.9″ N., longitude 074°02′29.2″ W.; west about 600 feet to the point of be- thence to the point of origin (NAD 83). ginning. (ii) See 33 CFR 110.155(d)(6), (d)(16), and (l). NOTE: The area is principally for use by (3) Anchorage No. 20–C. (i) All waters yachts and other recreational craft. A moor- bound by the following points: latitude ing buoy is allowed. Fixed mooring piles or 40°41′42.4″ N., longitude 074°02′41.5″ W.; stakes are prohibited. thence to latitude 40°41′25.8″ N., lon- (e–2) Area No. 2 at Chester. That area gitude 074°02′09.2″ W.; thence to latitude south of latitude 41°24′43.9″, west of lon- 40°41′02.1″ N., longitude 074°02′24.7″ W.; gitude 72°25′35″, north of latitude thence to latitude 40°41′09.4″ N., lon- 41°24′33.4″, and east of longitude gitude 074°02′40.0″ W.; thence to latitude 72°25′40.8″. 40°41′13.3″ N., longitude 074°02′41.5″ W.; thence to latitude 40°41′15.8″ N., lon- NOTE: Area No. 2 may not be used during gitude 074°02′32.6″ W.; thence to latitude the shad fishing season, April 1 to June 15, 40°41′25.3″ N., longitude 074°02′29.1″ W.; inclusive. A mooring buoy is permitted at thence to latitude 40°41′33.0″ N., lon- other times. Fixed mooring piles or stakes are prohibited. gitude 074°02′44.5″ W.; thence to latitude 40°41′32.5″ N., longitude 074°02′48.8″ W.; (f) Vicinity of Mouse Island Bar below thence to the point of origin (NAD 83). Portland. On the north side of the river (ii) See 33 CFR 110.155(d)(6), (d)(16), shoreward of lines described as follows: and (l). (1) Beginning at a point bearing 02°, 175 (e) Area No. 2, at Lord Island. Begin- yards, from Mouse Island 73 Light; ning at latitude 41°26′11″, longitude thence 270°, 480 yards; and thence due 72°27′16″; thence extending south south- north, approximately 230 yards, to the easterly to latitude 41°26′03″, longitude shore. (2) Beginning at the said point 72°27′02″; thence extending southeast- bearing 02°, 175 yards, from Mouse Is- ° ′ ″ erly to latitude 41 25 59 , longitude land 73 Light; thence 70°, 400 yards; and ° ′ ″ 72 26 51 ; thence extending southwest- thence 350°, approximately 250 yards, to ° ′ ″ erly to latitude 41 25 58 , longitude the shore. 72°26′52″; thence extending northwest- (g) Area at Portland. Beginning at a erly to latitude 41°26′05″, longitude point on the shore, about 700 feet 72°27′11″; thence extending north north- southeasterly from the easterly end of westerly to latitude 41°26′10″, longitude the New York, New Haven and Hartford 72°27′20″; thence extending easterly to the point of beginning. Railroad Company bridge, at latitude 41°33′55″, longitude 72°38′43″; thence 250° NOTE: The areas designated by paragraphs to latitude 41°33′54″, longitude 72°38′46″; (d) and (e) of this section are principally for thence 160° to latitude 41°33′48″, lon- use by yachts and other recreational craft. gitude 72°38′43″; thence 145° to latitude Fore and aft moorings will be allowed. Tem- ° ′ ″ ° ′ ″ ° porary floats or buoys for marking anchors 41 33 44 , longitude 72 38 39 ; thence 55 in place will be allowed. Fixed mooring piles to a point on the shore at latitude or stakes are prohibited. All moorings shall 41°33′47″, longitude 72°38′32″; thence be so placed that no vessel, when anchored, along the shore to the point of begin- shall at any time extend beyond the limits of ning. the areas. The anchoring of vessels and placing of mooring floats or buoys will be under NOTE: The area will be principally for use the jurisdiction, and at the discretion of the by yachts and other recreational craft. Tem- local Harbor Master. Area 2 will not be used porary floats or buoys for marking anchors during the shad fishing season. will be allowed. Fixed mooring piles or stakes are prohibited. All moorings shall be (e–1) Area No. 1 at Chester. Beginning so placed that no vessel, when anchored, at a point about 600 feet southeasterly shall at any time extend beyond the limit of of the entrance of Chester Creek, at the area or closer than 50 feet to the Federal latitude 41°24′23″, longitude 72°25′41″; channel limit. The anchoring of vessels and thence due south about 1,800 feet to the placing of temporary moorings will be

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under the jurisdiction, and at the discretion side of the Darien River, thence along of the local Harbor Master. the easterly shoreline to the point of [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as beginning. amended by CGFR 68–137, 33 FR 18279, Dec. 10, 1968; CGFR 68–139, 33 FR 18437, Dec. 12, NOTE: An ordinance of the town of Darien, 1968; USCG–2009–0416, 74 FR 27440, June 10, Conn. requires the Darien Harbor Master’s 2009] approval of the location and type of any mooring placed in this special anchorage § 110.55a Five Mile River, Norwalk and area. Darien, Conn. [CGFR 68–122, 33 FR 18238, Dec. 7, 1968] The water area of the Five Mile River beginning at a point on the southeast § 110.58 Cos Cob Harbor, Greenwich, shore of Butler Island at latitude Conn. 41°03′27.5″ N., longitude 73°26′52″ W.; (a) Area A. Beginning at the mean thence following the shoreline north- low water line about 2,800 feet down- erly along the westerly side of Five stream from the easterly end of the Mile River to the highway bridge at New York, New Haven and Hartford Route 136 (White Bridge); thence eas- Railroad Bridge at latitude 41°01′23″, terly along the southerly side of the longitude 73°35′40″; thence extending highway bridge to the easterly side of True west to latitude 41°01′23″, lon- Five Mile River; thence following the gitude 73°35′42″; thence extending shoreline southerly along the easterly southwesterly to a point at latitude side of Five Mile River to a point on 41°01′02″, longitude 73°35′50″; thence the southwest shore at Rowayton at True east to a point on the shoreline at ° ′ ″ ° ′ ″ latitude 41 03 30 N., longitude 73 26 47 latitude 41°01′02″, longitude 73°35′48″; ° W., thence 242 to the point of begin- thence extending along the mean low ning, except those areas within the des- water line to the point of beginning. ignated project channel as shown by (b) Area B. Beginning at the mean dotted lines on the Five Mile River on low water line about 700 feet down- Chart No. 12368 (formerly C and GS stream from the westerly end of the Chart No. 221) issued by National Oce- New York, New Haven and Hartford anic and Atmospheric Administration, ° ′ ″ U.S. Department of Commerce. Railroad Bridge at latitude 41 01 42 , longitude 73°35′47″; thence True east to NOTE: Under an Act of the Connecticut latitude 41°01′42″, longitude 73°35′45″; State Legislature the harbor superintendent, thence southeasterly to latitude appointed by the Five Mile River Commis- 41°01′23″, longitude 73°35′44″; thence sion, may control moorings and navigation ° ′ ″ including preventing vessels from anchoring southwesterly to latitude 41 01 04 , lon- in the Federal project channel. gitude 73°35′52″, thence southwesterly to latitude 41°01′02″, longitude 73°35′55″; [CGD 76–44, 41 FR 40467, Sept. 20, 1976] thence True west to a point on shore on § 110.56 Noroton Harbor, Darien, the northerly side of Goose Island at Conn. latitude 41°01′02″, longitude 73°36′00″; thence True north to a point at the (a) Beginning at a point on the south- mean low water line at latitude westerly side of Long Neck Point at 41°01′05″, longitude 73°36′00″; thence latitude 41°02′10″, longitude 73°28′44″; along the mean low water line to the thence northwesterly to latitude 41°02′17″, longitude 73°29′11″; thence in a point of beginning. north-northwesterly direction to the NOTE: The areas are principally for use by southeast side of Pratt Island at lati- yachts and other recreational craft. Tem- tude 41°02′28″, longitude 73°29′17″; thence porary floats or buoys for marking anchors following the shoreline around the eas- will be allowed. Fixed mooring piles or terly and northerly sides of Pratt Is- stakes are prohibited. The anchoring of ves- land, the westerly and northerly sides sels and placing of temporary moorings will be under the jurisdiction, and at the discre- of Pratt Cove, and the westerly side of tion of the local Harbor Master. All moor- the Darien River to the causeway and ings shall be so placed that no moored ves- dam at Gorham Pond on the north; sels will extend into the waters beyond the thence along the downstream side of limits of the areas or closer than 50 feet to the causeway and dam to the easterly the Federal channel limits.

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§ 110.59 Eastern Long Island, NY. Spring Harbor Light and the Stone (a) Huntington Harbor. Beginning on House on the end of Plum Point, Cen- the shoreline at latitude 40°54′19.5″, lon- tre Island. gitude 73°26′07.9″; thence to latitude (f) Harbor of Oyster Bay, Oyster Bay, 40°54′19.5″, longitude 73°26′02.4″; thence New York. The water area north of the along the eastern shoreline to the Mill town of Oyster Bay enclosed by a line Dam Road Bridge; thence along the beginning on the shoreline at latitude ° ′ ″ ° ′ ″ downstream side of the bridge to the 40 52 35.5 N., longitude 73 32 17 W.; ° ′ ″ westerly side of Huntington Harbor; thence to latitude 40 52 59.5 N., lon- thence along the western shoreline to gitude 73°32′18″ W.; thence to latitude the point of beginning. 40°53′00″ N., longitude 73°30′53″ W.; (b) Centerport Harbor. Beginning at thence to latitude 40°52′39″ N., lon- the shoreline at latitude 40°54′00″ , longitude 73°30′54″ W.; thence to the shore- gitude 73°22′55.3″; thence to latitude line at latitude 40°52′25″ N., longitude 40°54′03.8″, longitude 73°22′52.1″; thence 73°31′18″ W.; thence following the shore- along the eastern shoreline to the Mill line to the point of beginning. Dam Bridge; thence along the down- (g) Harbor of Oyster Bay, New York, stream side of the bridge to the west- Moses Point to Brickyard Point. That erly side of Centerport Harbor; thence portion of the waters of the Harbor of along the western shoreline to the Oyster Bay enclosed by a line begin- point of beginning. ning at Moses Point on Centre Island (c) Northport Harbor. Beginning on at latitude 40°53′11″ N., longitude the shoreline at latitude 40°54′25″ , lon- 73°31′14″ W.; thence to latitude 40°53′02″ gitude 73°22′05″ ; thence to latitude N., longitude 73°31′22″ W.; thence to 40°54′37.5″, longitude 73°21′32.9″; thence latitude 40°53′02″ N., longitude 73°32′00″ along the eastern shoreline to latitude W.; thence to Brickyard Point on Cen- 40°53′33.1″, longitude 72°21′28.2″; thence tre Island at 40°53′06″ N., longitude to latitude 40°53′25.8″, longitude 73°32′00″ W.; thence following the shore- 73°21′37.7″; thence along the shoreline line to the point of beginning. to the point of beginning. NOTE: The anchoring of vessels and place- NOTE: The areas designated by paragraphs ment of temporary moorings in anchorage (a), (b), and (c) of this section are principally areas described in paragraph (g) of this sec- for vessels used for a recreational purpose. A tion will be under the jurisdiction of the vessel shall be anchored so that no part of local Harbormaster appointed in accordance the vessel comes within 50 feet of the marked with Article 12 of the Village Ordinance of channel. A temporary float or buoy for the Village of Centre Island, New York. marking the location of the anchor of a vessel at anchor may be used. Fixed mooring (h) Coecles Harbor at Shelter Island, piles or stakes are prohibited. New York. That portion of Coecles Har- bor bounded on the North by a line (d) Cold Spring Harbor. That portion drawn between the northernmost point of the waters of Cold Spring Harbor of land at Sungic Point and latitude easterly of a line ranging from the cu- 41°04′09″ North, longitude 72°17′54″ West, pola in the extreme inner harbor thence eastward along the shoreline to through Cold Spring Harbor Light; the point of origin. southerly of a line ranging from the (i) West Neck Harbor at Shelter Island, southernmost point of an L-shaped pier New York. That portion of West Neck off Wawepex Grove through the Clock Harbor bounded on the North by a line Tower at Laurelton and northerly of a drawn between latitude 41°02′48″ North, line ranging from the outer end of the longitude 72°20′27″ West and a point on Socony Mobil Oil Company’s pier at Shell Beach located at latitude 41°02′29″ Cold Spring Harbor through the Clock North, longitude 72°20′59″ West; thence Tower at Laurelton, with the exception eastward along the shoreline to the of an area within a 300-foot radius of point of origin. the outer end of the Socony Mobil Oil Company’s pier. [USCG–2008–0179, 73 FR 35009, June 19, 2008] (e) Oyster Bay Harbor, New York. That portion of Oyster Bay Harbor adjacent § 110.60 Captain of the Port, New York. to the easterly side of Centre Island, (a) Western Long Island Sound. (1) westerly of a line on range with Cold Glen Island. All waters surrounding

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Glen Island bound by the following (8) Manhasset Bay, Plum Point. All points: 40°52′53.1″ N, 073°46′58.9″ W; waters bound by the following points: thence to 40°52′46.6″ N, 073°47′02.7″ W; 40°50′02.9″ N, 073°43′37.3″ W; thence to thence to 40°53′01.3″ N, 073°47′22.6″ W; 40°49′54.0″ N, 073°43′14.9″ W; thence to thence to a line drawn from 40°53′24.4″ 40°50′06.6″ N, 073°42′51.0″ W; thence to N, 073°46′56.7″ W to 40°53′20.6″ N, 40°50′18.6″ N, 073°42′51.0″ W; thence along 073°46′51.2″ W, excluding all waters the shoreline to the point of origin; ex- within 25 feet of the 50-foot channel cluding the seaplane restricted area de- west and south of Glen Island. scribed in § 162. (2) Echo Bay. All waters northwest of (9) Manhasset Bay, Toms Point. All a line drawn from 40°54′10.0″ N, waters bound by the following points: 073°45′52.9″ W to 40°54′25.0″ N, 073°45′38.4″ 40°50′20.6″ N, 073°42′49.5″ W; thence to W. 40°50′05.3″ N, 073°42′49.4″ W; thence to 40°49′58.6″ N, 073°42′39.0″ W; thence to NOTE TO PARAGRAPH (a)(2): An ordinance of 40°49′48.9″ N, 073°42′55.6″ W; thence to the Town of New Rochelle NY requires a per- ° ′ ″ ° ′ ″ mit from the New Rochelle Harbor Master or 40 49 49.3 N, 073 42 20.4 W; thence to the New Rochelle Superintendent of Bureau 40°50′02.5″ N, 073°42′14.2″ W; thence to of Marinas, Docks and Harbors before any 40°50′11.8″ N, 073°42′15.4″ W; thence along mooring is placed in this special anchorage the shoreline to the point of origin. area. (10) Manhasset Bay, at Port Wash- (3) Glen Island, East. All waters east ington. All waters bound by the fol- ° ′ ″ ° ′ ″ of Glen Island, bound by the following lowing points: 40 49 44.9 N, 073 42 11.3 ° ′ ″ ° ′ ″ points: 40°53′01.4″ N, 073°46′51.4″ W; W; thence to 40 49 44.3 N, 073 43 03.2 W; ° ′ ″ ° ′ ″ thence to 40°53′03.1″ N, 073°46′44.4″ W; thence to 40 49 06.8 N, 073 42 46.6 W; ° ′ ″ ° ′ ″ thence to 40°53′06.2″ N, 073°46′38.0″ W; thence to 40 49 07.0 N, 073 42 16.2 W; thence to 40°53′15.0″ N, 073°46′44.0″ W; thence along the shoreline to the point thence along the shoreline to the point of origin. of origin. (11) Manhasset Bay, West Shore. All (4) City Island, Eastern Shore. All wa- waters bound by the following points: ° ′ ″ ° ′ ″ ters bound by the following points: 40 49 24.6 N, 073 43 40.2 W; thence to ° ′ ″ ° ′ ″ 40°50′12.0″ N, 073°46′57.3″ W; thence to 40 49 33.2 N, 073 43 28.3 W; thence to ° ′ ″ ° ′ ″ 40°50′31.9″ N, 073°46′18.3″ W; thence to 40 49 43.8 N, 073 43 53.5 W; thence to ° ′ ″ ° ′ ″ 40°51′17.0″ N, 073°46′49.9″ W; thence to 40 49 39.2 N, 073 43 57.9 W; thence along 40°51′19.8″ N, 073°46′51.3″ W; thence to the shoreline to the point of origin. 40°51′47.0″ N, 073°47′02.5″ W; thence to (12) Manhasset Bay, Plandome. All wa- 40°51′28.5″ N, 073°47′31.7″ W; thence to ters bound by the following points: ° ′ ″ ° ″ 40°51′25.1″ N, 073°47′29.9″ W; thence along 40 48 41.6 N, 073 42.31.7 W; thence to ° ′ ″ ° ′ ″ the shoreline to the point of origin, ex- 40 48 43.6 N, 073 42 42.5 W; thence to ° ′ ″ ° ′ ″ cluding the Cable and Pipeline Area be- 40 48 29.0 N, 073 42 44.4 W; thence to ° ′ ″ ° ′ ″ tween City and Hart Islands. 40 48 27.3 N, 073 42 35.6 W; thence along (5) City Island, Western Shore. All wa- the shoreline to the point of origin. ters bound by the following points: (13) Elm Point. All waters bound by ° ′ ″ 40°50′11.6″ N, 073°46′58.4″ W; thence to the following points: 40 49 01.0 N, ° ′ ″ ° ′ ″ 40°50′02.5″ N, 073°47′23.3″ W; thence to 073 45 41.9 W; thence to 40 49 04.4 N, ° ′ ″ ° ′ ″ 40°50′43.7″ N, 073°47′56.0″ W; thence to 073 45 45.3 W; thence to 40 49 13.8 N, ° ′ ″ ° ′ ″ 40°51′15.9″ N, 073°47′36.0″ W; thence to 073 45 38.7 W; thence to 40 49 18.9 N, ° ′ ″ ° ′ ″ 40°51′15.9″ N, 073°47′28.6″ W; thence along 073 45 28.3 W; thence to 40 49 08.9 N, ° ′ ″ the shoreline to the point of origin. 073 45 17.5 W; thence along the shore- (6) Eastchester Bay, Western Shore. All line to the point of origin. waters shoreward of a line connecting NOTE TO PARAGRAPH (a)(13): Temporary the following points: 40°49′31.3″ N, floats or buoys for marking anchors in place ° ′ ″ ° ′ ″ are allowed. Fixed mooring piles or stakes 073 48 26.3 W; thence to 40 50 56.4 N, are prohibited. An ordinance of the village of 073°48′49.2″ W; thence to 40°50′55.3″ N, Kings Point regulates mooring and anchor- 073°48′55.4″ W; thence along the shore- ing in the area which includes this special line to the point of origin. anchorage area. (7) Eastchester Bay, Locust Point. All (14) Little Neck Bay. All waters east of waters west of a line drawn from a line drawn from 40°47′39.4″ N, 40°48′56.3″ N, 073°47′56.2″ W to 40°48′34.4″ 073°46.27.1″ W; thence to 40°48′36.6″ N, N, 073°47′56.2″ W. 073°45′58.5″ W; thence to 40°48′36.4″ N,

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073°45.48.4″ W; thence along the shore- 40°47′11.2″ N, 073°51′47.1″ W; thence to line to the point of origin. 40°47′01.9″ N, 073°51′39.6″ W; thence to (15) Hempstead Harbor, Mosquito Neck. 40°46′28.3″ N, 073°51′20.0″ W; thence to All waters bound by the following the point of origin. points: 40°51′43.0″ N, 073°39′37.1″ W; NOTE TO PARAGRAPHS (b)(5) AND (6): The an- thence to 40°51′09.4″ N, 073°39′32.4″ W; choring of vessels and placing of temporary thence to 40°51′14.6″ N, 073°39′08.9″ W; moorings in anchorage areas described in thence to 40°51′20.0″ N, 073°38′56.1″ W; paragraphs (b)(5) and (b)(6) of this section thence along the shoreline and break- will be under the jurisdiction, and at the discretion of the local Harbor Master appointed water to the point of origin. by the City of New York. (16) Hempstead Harbor, Sea Cliff. All (7) Bowery Bay. All waters bound by waters bound by the following points: the following points: 40°46′58.4″ N, ° ′ ″ ° ′ ″ 40 51 16.7 N, 073 38 51.9 W; thence to 073°53′44.1″ W; thence to 40°47′03.3″ N, ° ′ ″ ° ′ ″ 40 51 12.9 N, 073 39 07.2 W; thence to 073°53′37.4″ W; thence to 40°47′00.3″ N, ° ′ ″ ° ′ ″ 40 51 03.6 N, 073 39 31.6 W; thence to 073°53′29.3″ W; thence to 40°46′57.0″ N, ° ′ ″ ° ′ ″ 40 50 24.7 N, 073 39 26.4 W; thence to 073°53′29.8″ W; thence to 40°46′59.9″ N, ° ′ ″ ° ′ ″ 40 50 22.0 N, 073 39 10.2 W; thence along 073°53′34.2″ W; thence to 40°46′58.5″ N, the shoreline to the point of origin. 073°53′35.8″ W; thence to 40°46′57.1″ N, (b) East River and Flushing Bay. (l) 073°53′33.8″ W; thence to 40°46′55.9″ N, Flushing Bay, College Point North. All 073°53′35.2″ W; thence to 40°46′58.2″ N, waters bound by the following points: 073°53′39.0″ W; thence to 40°46′56.1″ N, ° ′ ″ ° ′ ″ 40 47 37.5 N, 073 51 13.4 W; thence to 073°53′41.4″ W; thence along the shore- ° ′ ″ ° ′ ″ 40 47 10.3 N, 073 51 34.0 W; thence to line and pier to the point of origin. ° ′ ″ ° ′ ″ 40 47 09.1 N, 073 51 32.6 W; thence along (c) Hudson River. (1) Yonkers, the shoreline to the point of origin. Greystone Station. All waters bound by (2) Flushing Bay, College Point South. the following points: 40°58′19.8″ N, All waters bound by the following 073°53′22.8″ W; thence to 40°58′21.1″ N, ° ′ ″ ° ′ ″ points: 40 47 01.8 N, 073 51 29.2 W; 073°53′28.7″ W; thence to 40°58′42.7″ N, ° ′ ″ ° ′ ″ thence to 40 47 01.8 N, 073 51 33.2 W; 073°53′20.3″ W; thence to 40°58′41.8″ N, ° ′ ″ ° ′ ″ thence to 40 46 31.7 N, 073 51 15.9 W; 073°53′15.4″ W; thence along the shore- ° ′ ″ ° ′ ″ thence to 40 46 46.1 N, 073 50 58.6 W; line to the point of origin. thence along the shoreline to the point (2) Yonkers, North Glenwood. All wa- of origin. ters bound by the following points: (3) Flushing Bay, Cape Ruth. All wa- 40°57′26.8″ N, 073°53′46.6″ W; thence to ters bound by the following points: 40°57′27.3″ N, 073°53′48.8″ W; thence to ° ′ ″ ° ′ ″ 40 46 39.9 N, 073 50 56.1 W; thence to 40°57′55.3″ N, 073°53′34.4″ W; thence to ° ′ ″ ° ′ ″ 40 46 29.2 N, 073 51 14.3 W; thence to 40°57′53.6″ N, 073°53′28.6″ W; thence along ° ′ ″ ° ′ ″ 40 46 12.3 N, 073 51 04.3 W; thence to the shoreline to the point of origin. ° ′ ″ ° ′ ″ 40 46 15.2 N, 073 50 55.2 W; thence along (3) Nyack. That portion of the Hudson the shoreline to the point of origin. River bound by the following points: (4) Flushing Bay, Southeast Area. All 41°06′06.8″ N, 073°54′55.5″ W; thence to waters south of a line drawn from 41°06′06.8″ N, 073°54′18.0″ W; thence to ° ′ ″ ° ′ ″ ° ′ ″ 40 45 41.4 N, 073 50 57.2 W to 40 45 51.7 41°05′00.0″ N, 073°54′18.0″ W; thence to ° ′ ″ N, 073 50 34.2 W. 41°05′00.0″ N, 073°55′02.2″ W; thence along (5) Flushing Bay, Southwest Area. All the shoreline to the point of origin waters bound by the following points: (NAD 1983), excluding a fairway in the ° ′ ″ ° ′ ″ 40 45 36.7 N, 073 51 16.3 W; thence to charted cable area that is marked with ° ′ ″ ° ′ ″ 40 45 48.5 N, 073 50 58.4 W; thence to buoys. ° ′ ″ ° ′ ″ 40 45 51.3 N, 073 50 59.2 W; thence to NOTE TO PARAGRAPH (c)(3): The area is prin- 40°45′49.4″ N, 073°51′07.5″ W; thence to cipally for use by yachts and other rec- 40°45′58.7″ N, 073°51′13.4″ W; thence to reational craft. A mooring buoy is per- 40°46′02.1″ N, 073°51′20.1″ W; thence to mitted. 40°45′54.8″ N, 073°51′28.7″ W; thence to (4) Manhattan, Fort Washington Point. 40°45′46.2″ N, 073°51′35.3″ W; thence All waters bound by the following northward along the shoreline and points: 40°51′08.1″ N, 073°56′36.7″ W; breakwater to the point of origin. thence to 40°51′09.4″ N, 073°56′40.9″ W; (6) Flushing Bay, West Area. All wa- thence to 40°52′08.3″ N, 073°55′56.6″ W; ters bound by the following points: thence along the shoreline to the point 40°46′51.1″ N, 073°52′07.3″ W; thence to of origin.

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(5) Yonkers, Main Street. All waters 073°45′28.3″ W; thence to 42°32′49.2″ N, bound by the following points 40°56′15.4″ 073°45′26.6″ W; thence to 42°32′49.3″ N, N, 073°54′11.2″ W; thence to 40°56′16.7″ N, 073°45′31.1″ W; thence along the shore- 073°54′20.2″ W; thence to 40°56′08.9″ N, line to the point of origin. 073°54′22.6″ W; thence to 40°56′07.9″ N, (d) New York Harbor. (1) Newark Bay, 073°54′16.9″ W; thence to 40°56′07.0″ N, Southeast. All waters bound by the fol- 073°54′17.3″ W. lowing points: 40°39′27.9″ N, 074°08′07.1″ (6) Yonkers, JFK Marina. All waters W; thence to 40°39′31.7″ N, 074°08′13.4″ W; bound by the following points: thence to 40°39′31.4″ N, 074°08′24.6″ W; 40°57′28.5″ N, 073°53′46.0″ W; thence to thence to 40°39′52.4″ N, 074°08′11.7″ W; 40°57′30.5″ N, 073°53′56.8″ W; thence to thence to 40°39′47.8″ N, 074°07′59.4″ W; 40°57′07.5″ N, 073°54′06.2″ W; thence to thence along the shoreline to the point 40°57′06.0″ N, 073°53′59.5″ W; thence along of origin. the shoreline to the point of origin. (2) Newark Bay, Southwest. All waters NOTE TO PARAGRAPHS (c)(5) AND (6): The bound by the following points: areas designated by paragraphs (c)(5) and ° ′ ″ ° ′ ″ (c)(6) are limited to vessels no greater than 40 38 52.1 N, 074 09 41.1 W; thence to 20 meters in length and is primarily for use 40°38′51.6″ N, 074°10′18.2″ W; thence to by recreational craft on a seasonal or tran- 40°38′51.0″ N, 074°10′36.5″ W; thence to sient basis. These regulations do not prohibit 40°39′16.8″ N, 074°09′56.3″ W; thence to the placement of moorings within the an- 40°39′16.2″ N, 074°09′36.9″ W; thence to chorage area, but requests for the placement the point of origin, excluding thereof moorings should be directed to the local from the ‘‘Pipe Line Area’’. government to ensure compliance with local and state laws. All moorings shall be so (3) Great Kills Harbor. All waters placed that no vessel, when anchored, will at northeast of a line connecting the fol- any time extend beyond the limits of the lowing points: 40°32′06.4″ N, 074°08′24.5″ area. Fixed mooring piles or stakes are pro- W; thence to 40°32′06.9″ N, 074°08′25.8″ W; hibited. Mariners are encouraged to contact thence to 40°32′19.0″ N, 074°08′21.1″ W; the local harbormaster for any additional or- thence to 40°32′28.1″ N, 074°08′24.3″ W; dinances and to ensure compliance with ad- thence to 40°32′40.3″ N, 074°08′08.4″ W; ditional applicable state and local laws. thence to 40°32′45.2″ N, 074°08′11.4″ W; (7) Hastings-on-Hudson. All waters bound by the following points: thence along the northern and eastern 40°59′56.0″ N, 073°53′05.4″ W; thence to shoreline to the point of origin. 40°59′56.3″ N, 073°53′09.6″ W; thence to NOTE TO PARAGRAPH (d)(3): The special an- 41°00′05.1″ N, 073°53′09.2″ W; thence to chorage area is principally for use by yachts ° ′ ″ ° ′ ″ and other recreational craft. A temporary 41 00 14.7 N, 073 53 06.4 W; thence to float or buoy for marking the location of the 41°00′14.5″ N, 073°53′00.5″ W; thence along anchor of a vessel at anchor may be used. the shoreline to the point of origin. Fixed mooring piles or stakes are prohibited. (8) Tarrytown. All waters bound by Vessels shall be anchored so that no part of the following points: 41°04′21.0″ N, the vessel comes within 50 feet of the marked 073°52′03.4″ W; thence to 41°04′21.0″ N, channel. 073°52′11.3″ W; thence to 41°04′13.6″ N, (4) Jamaica Bay, Canarsie Beach. All 073°52′11.0″ W; thence to 41°04′13.6″ N, waters bound by the following points: 073°52′00.5″ W; thence along the shore- 40°37′22.0″ N, 073°53′43.5″ W; thence to line to the point of origin. 40°37′18.4″ N, 073°53′32.9″ W; thence to (9) West Point. All waters west of a 40°37′37.6″ N, 073°53′06.5″ W; thence to line drawn from 41°23′10.0″ N, 073°57′18.1″ 40°37′42.9″ N, 073°53′14.4″ W; thence along W to 41°23′23.5″ N, 073°57′11.5″ W. the shoreline to the point of origin. (10) Haverstraw. That portion of the (5) Jamaica Bay, East Broad Channel. Hudson River bound by the following All waters bound by the following points: 41°11′25.2″ N, 073°57′19.9″ W; points: 40°35′48.5″ N, 073°49′12.5″ W; thence to 41°11′34.2″ N, 073°57′00.8″ W; thence to 40°35′50.2″ N, 073°49′04.7″ W; thence to 41°11′41.9″ N, 073°57′07.5″ W; thence to 40°36′23.4″ N, 073°48′56.3″ W; thence to 41°11′31.8″ N, 073°57′26.5″ W; thence along the shoreline to the point thence to 41°11′30.8″ N, 073°57′24.9″ W; of origin. thence to the point of origin. NOTE TO PARAGRAPH (d)(5): The area will be (11) Cedar Hill. All waters bound by principally for use by yachts and other rec- the following points: 42°32′33.1″ N, reational craft. Temporary floats or buoys 073°45′33.1″ W; thence to 42°32′33.1″ N, for marking anchors will be allowed.

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(6) Sheepshead Bay, West. All waters or stakes are prohibited seaward of the bound by the following points: pier head line. Mariners are encouraged 40°35′00.0″ N, 073°56′54.8″ W; thence to to contact the Raritan Yacht Club 40°34′58.9″ N, 073°57′09.6″ W; thence to Fleet Captain for any additional ordi- 40°34′56.6″ N, 073°57′09.1″ W; thence to nances or laws and to ensure compli- 40°34′57.5″ N, 073°56′54.4″ W; thence to ance with additional applicable State the point of origin. and local laws. (7) Sheepshead Bay, North. All waters (ii) [Reserved] bound by the following points: (e) Datum. All positions are NAD 1983. 40°34′58.5″ N, 073°56′00.5″ W; thence to ° ′ ″ ° ′ ″ [USCG–2008–0179, 73 FR 35010, June 19, 2008, as 40 34 58.6 N, 073 56 26.0 W; thence to amended by USCG–2008–0047, 74 FR 46010, 40°34′56.6″ N, 073°56′26.8″ W; thence to Sept. 8, 2009; USCG–2010–0351, 75 FR 36282, 40°34′54.8″ N, 073°56′24.8″ W; thence to June 25, 2010] 40°34′55.4″ N, 073°56′10.1″ W; thence to 40°34′57.9″ N, 073°56′00.5″ W; thence to § 110.65 Indian River Bay, Del. the point of origin. Beginning at a point bearing 174°, 300 (8) Sheepshead Bay, South. All waters feet, from a point on the southerly bound by the following points: edge of the project channel 5,500 feet 40°34′54.2″ N, 073°56′01.8″ W; thence to westerly from the State highway 40°34′53.6″ N, 073°56′27.2″ W; thence to bridge across Indian River Inlet; thence 40°34′55.8″ N, 073°56′43.6″ W; thence to 174°, 600 feet; thence 264°, 800 feet; 40°34′54.5″ N, 073°56′43.6″ W; thence to thence 354°, 600 feet; and thence 84°, 800 40°34′52.0″ N, 073°56′34.0″ W; thence to feet, to the point of beginning. 40°34′53.1″ N, 073°56′01.6″ W; thence to the point of origin. § 110.67 Delaware River, Essington, (9) Lower Bay, Point Comfort. All wa- Pa. ters bound by the following points: North of Little Tinicum Island, be- 40°27′18.5″ N, 074°08′24.5″ W; thence to tween the mouth of Darby Creek and 40°27′37.4″ N, 074°08′51.8″ W; thence to Jansen Avenue, Essington, bounded as 40°27′51.4″ N, 074°08′31.9″ W; thence to follows: Beginning at a point (approxi- 40°27′49.7″ N, 074°07′44.9″ W; thence to mately latitude 39°51′31″, longitude 40°27′15.3″ N, 074°07′45.7″ W; thence along 75°17′43″) on a line in prolongation of the shoreline to the point of origin. the westerly line of Jansen Avenue 135 (10) Perth Amboy, NJ. All waters yards southerly from the mean high bound by the following points: water line; thence 184°, 300 yards; 40°30′26.00″ N, 074°15′42.00″ W; thence to thence 274°30′, 1,700 yards; thence 04°, 40°30′24.29″ N, 074°15′35.20″ W; thence to 425 yards; thence 100°, 1,225 yards; and 40°30′02.79″ N, 074°15′44.16″ W; thence to thence 95°, 490 yards, to the point of be- 40°29′35.70″ N, 074°16′08.88″ W; thence to ginning. 40°29′31.00″ N, 074°16′20.75″ W; thence to 40°29′47.26″ N, 074°16′49.82″ W; thence to § 110.70 Chesapeake and Delaware 40°30′02.00″ N, 074°16′41.00″ W, thence Canal, easterly of Courthouse Point, along the shoreline to the point of ori- Md. gin. The waters southerly of a line joining (i) This area is limited to vessels no the northernmost extremity of Court- greater than 20 meters in length and is house Point and the westernmost point primarily for use by recreational craft of Herring Island; westerly of a line on a seasonal or transient basis. These bearing 180° from a point on the afore- regulations do not prohibit the place- said line 220 yards from the western- ment of moorings within the anchorage most point of Herring Island; and area, but requests for the placement of northerly and easterly of the shoreline. moorings should be directed to the Raritan Yacht Club Fleet Captain § 110.70a Northeast River, North East, (telephone 732–826–2277 or VHF Channel Md. 9) to ensure compliance with local and The water area west of North East State laws. All moorings shall be so Heights, Maryland enclosed by a line placed that no vessel, when anchored, beginning on the shoreline at latitude will at any time extend beyond the 39°34′26″ N., longitude 75°57′18″ W.; limits of the area. Fixed mooring piles thence westerly to latitude 39°34′26″ N.,

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longitude 75°57′29″ W.; thence north- 100 feet from and parallel to the shore easterly to latitude 39°34′30″ N., lon- of the creek to its intersection with gitude 75°57′27″ W.; thence easterly to the south property line extended of the the shoreline at latitude 39°34′30″ N., Potapskut Sailing Association, Inc., longitude 75°57′18″ W.; thence southerly thence northwesterly along the said following the shoreline to the point of property line extended to the shore. beginning. § 110.72a Chester River, southeast of [CGD 73–189R, 39 FR 5314, Feb. 12, 1974] Chestertown, Md. § 110.71 Jacobs Nose Cove, Elk River, The waters of the Chester River en- Md. closed by a line beginning at a point on The water area of Jacobs Nose Cove, the Rolph Marina pier at latitude 39°10′25″ N., longitude 76°02′17″ W.; on the west side of the mouth of Elk ° River, Maryland, comprising the entire thence 327 to a point 400 feet south- cove south of Jacobs Nose as defined by west of the entrance to Hambleton ° Creek at latitude 39°10′55″ N., longitude the shoreline and a line bearing 046 — ° ′ ″ 226° true across the entrance of the 76 02 40 W.; thence northeasterly to the cove tangent to the shore on both the eastern side of the entrance to north and south sides. Hambleton Creek; thence southerly following the shoreline to the Rolph [CGD 77–143, 44 FR 18663, Mar. 29, 1979] Point Marina pier; thence southwesterly along the Rolph Point Marina pier § 110.71a Cabin Creek, Grasonville, to the point of beginning. Md. The waters of Cabin Creek, Mary- [CGD 73–10R, 38 FR 33973, Dec. 10, 1973] land, enclosed by a line drawn from ° ′ ″ ° ′ ″ § 110.72aa Elizabeth River Spectator latitude 38 56 34 N., longitude 76 12 49 Vessel Anchorage Areas, between W., on the western shore to latitude Norfolk and Portsmouth, Virginia. 38°56′28″ N., longitude 76°12′29″ W., on (a) Special Anchorage Areas. (1) The the eastern shore; thence following the waters of the Elizabeth River bounded general line of the shore to the point of by the shore and a line drawn between beginning. Hospital Point at latitude Latitude [CGD 78–026, 44 FR 6910, Feb. 5, 1979] 36°50′50.5″ North, longitude 76°18′09.0″ West, and the tip of the channelside § 110.71b Wye River, Wye, Md. pier at the Holiday Inn Marina at lati- The waters of a cove on the western tude 36°50′29.5″ North, longitude shore of Wye River opposite Drum 76°17′52.5″ West. Point enclosed by a line drawn from (2) The waters of the Elizabeth River latitude 38°53′17″ N., longitude 76°11′23″ adjacent to the Port Norfolk Reach W., to latitude 38°53′18″ N., longitude section of the Elizabeth River, bounded 76°11′23″ W., to latitude 38°53′18″ N., lon- by the shore and a line drawn between gitude 76°11′13″ W.; thence following the Hospital Point at latitude 36°50′50.55″ shoreline to the point of beginning. North, longitude 76°18′14.509.0″ West, and the tip of the southern most rail- [CGD 78–026, 44 FR 6910, Feb. 5, 1979] road pier at Port Norfolk at latitude ° ′ ″ ° ′ ″ § 110.72 Blackhole Creek, Md. 36 51 14.5 North, longitude 76 18 44.0 West. The waters on the west side of (b) Effective period. These special an- Blackhole Creek, a tributary of Mag- chorage areas in paragraph (a) of this othy River, southwest of a line bearing section are only in effect when the reg- ° ′ 310 30 from the most northerly tip of ulations in § 100.501 of this title are in an unnamed island located 0.16 mile up- effect. stream from the mouth of the creek approximately 660 feet to the west shore [CGD05–88–12, 53 FR 20320, June 3, 1988] of the creek; northwest of a line ranging from the southwesterly tip of the § 110.72b St. Simons Island, Georgia. island toward the point of land on the The area beginning at a point southwest shore of the creek immediately west of Frederica River Bridge, St. Si- southwest thereof; and north of a line mons Island Causeway at latitude

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31°09′58″ N., longitude 81°24′55″ W.; § 110.73a Indian River at Sebastian, thence southwesterly to latitude Fla. 31°09′42″ N., longitude 81°25′10″ W.; Beginning at a point on the shoreline thence westerly to the shoreline at at latitude 27°49′40″ N., longitude latitude 31°09′45″ N., longitude 81°25′20″ 80°28′26″ W.; thence 060° to latitude W.; thence northeasterly along the 27°49′46″ N., longitude 80°28′13″ W.; shoreline to latitude 31°10′02″ N., lon- thence 156° to latitude 27°49′31″ N., longitude 81°25′00″ W.; thence southeast- gitude 80°28′05″ W.; thence 242° to lati- erly to the point of origin. tude 27°49′25″ N., longitude 80°28′18″ W.; [CGD 76–47, 42 FR 40694, Aug. 11, 1977] thence northerly along the shoreline to the point of beginning.

§ 110.72c Lake Murray, S.C. NOTE: This area is principally for use by (a) The area beginning at the 125 foot commercial fishing vessels less than 65 feet in length. pier of the Columbia Sailing Club, approximately latitude 34°03′51″ N., lon- [CGD 74–104, 40 FR 2689, Jan. 15, 1975] gitude 81°13′37″ W.; thence 167° to latitude 34°03′43.6″ N., longitude 81°13′39.2″ § 110.73b Indian River at Vero Beach, Fla. W.; thence easterly to latitude 34°03′45″ N., longitude 81°13′32.1″ W.; thence 347° (a) Area A. Beginning at a point lo- to the shoreline, thence along the cated on the eastern shore of Fritz Is. ° ′ ″ shoreline to the beginning. at latitude 27 39 32.5 N., longitude 80°22′20.6″ W. following the shoreline [CGD 77–189, 43 FR 14470, Apr. 6, 1978] northward to the northwest point at latitude 27°39′46″ N., longitude § 110.72d Ashley River, SC. 80°22′25.9″ W., thence due east to a point All waters on the southwest portion on Orchid Is. at approximately latitude of the Ashley River encompassed with- 27°39′46″ N., longitude 80°22′16.2″ W., in the following points: beginning at thence southerly along the shoreline of 32°46′42.7′ N, 79°57′19.3′ W; thence south- Orchid Is. to latitude 27°39′32.5″ N., lon- west to 32°46′38.0′ N, 79°57′24.0′ W; thence gitude 80°22′13.4″ W., thence due west to southeast to 32°46′32.0′ N, 79°57′15.5′ W; the point of beginning. thence southeast to 32°46′29.0′ N, (b) Area B. Beginning at a point lo- 79°57’00.9′ W; thence back to origin fol- cated at the entrance channel marker lowing the southwest boundary of the No. 2 at latitude 27°39′12″ N., longitude Ashley River Channel. All coordinates 80°22′17.3″ W., thence northeasterly to are North American Datum 1983. channel marker No. 4 at latitude 27°39′21″ N., longitude 80°22′15.8″ W., [USCG–2008–0852, 76 FR 21636, April 18, 2011] thence due east to Orchid Is. at approximately latitude 27°39′21″ N., lon- § 110.73 St. Johns River, Fla. gitude 80°22′11.8″ W., thence southerly (a) Area A. The waters lying within along the western shoreline of Orchid an area bounded by a line beginning at Is. to latitude 27°39′12″ N., longitude a point located at the west bank of St. 80°22′15.6″ W., thence due west to the Johns River at latitude 30°15′11″, lon- point of beginning. gitude 81°41′23″; thence to latitude (c) Vessels shall be so anchored so 30°15′13″, longitude 81°41′14″; thence to that no part of the vessel obstructs the latitude 30°15′03″, longitude 81°41′11″; turning basin or channels adjacent to thence to latitude 30°15′04″, longitude the special anchorage areas. 81°41′20″; and thence to the point of be- [CGD7–84–40, 51 FR 395, Jan. 6, 1986] ginning. (b) Area B. The waters lying within § 110.73c Okeechobee Waterway, St. an area bounded by a line beginning at Lucie River, Stuart, FL. latitude 30°15′03″, longitude 81°41′28″; The following is a special anchorage thence to latitude 30°15′02″, longitude area: Beginning on the Okeechobee In- 81°41′10″; thence to latitude 30°14′56″, tracoastal Waterway between mile longitude 81°41′08″; thence to latitude marker 7 and 8 on the St. Lucie River, 30°14′54.5″, longitude 81°41′10.5″; and bounded by a line beginning at thence to the point of beginning. 27°12′06.583″ N, 80°15′33.447″ W; thence to

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27°12′07.811″ N, 80°15′38.861″ W; thence to gitude 82°25′27.8″ W.; thence southeast- 27°12′04.584″ N, 80°15′41.437″ W; thence to erly to latitude 27°46′45.6″ N., longitude 27°11′49.005″ N, 80°15′44.796″ W; thence to 82°25′23.2″ W.; thence southwesterly to 27°11′47.99″ N, 80°15′44.78″ W; thence to latitude 27°46′35.8″ N., longitude 27°11′42.51″ N, 80°15′49.36″ W; thence to 82°25′34.8″ W., thence northwesterly to 27°11′41.40″ N, 80°15′47.70″ W; thence to latitude 27°46′39.9″ N., longitude 27°11′40.44″ N, 80°15′44.64″ W; thence to 82°25′39.6″ W., thence to the point of be- 27°11′43.49″ N, 80°15′40.74″ W; thence to ginning. 27°11′46.82″ N, 80°15′37.9647″ W; thence to [CGD 7–80–03, 45 FR 79031, Nov. 28, 1980] 27°11′47.881″ N, 80°15′38.271″ W; thence back to the original point. All coordi- § 110.74c Bahia de San Juan, PR. nates reference Datum NAD:83. The waters of San Antonio Channel, NOTE: This area is principally used by rec- Bahia de San Juan, eastward of lon- reational vessels. The mooring of vessels in gitude 66°05′45″ W. this area is administered by the local Harbormaster, City of Stuart, Florida. [CGD 7–83–29, 49 FR 48540, Dec. 13, 1984] [CGD07–99–058, 65 FR 2877, Jan. 19, 2000, as § 110.75 Corpus Christi Bay, Tex. amended by CGD07–03–110, 69 FR 5275, Feb. 4, 2004] (a) South area. Southward of the southernmost T-head pier at the foot of § 110.74 Marco Island, Marco River, Cooper Avenue and of a line bearing Fla. 156°44′, 340.6 feet, from the southerly Beginning at a point approximately corner of said pier to a point on the 300 feet east of the Captains Landing rubble breakwater; westward and Docks at latitude 25°58′04″ N., longitude northward of said breakwater; and 81°43′31″ W.; thence 108°, 450 feet; thence eastward of the Corpus Christi sea 198°, 900 feet; thence 288°, 450 feet; wall. thence 018°, 900 feet to the point of beginning. § 110.77 Amistad Reservoir, Tex. (a) Diablo East, Tex. That portion of NOTE: The area is principally for use by yachts and other recreational craft. Fore and the Amistad Reservoir enclosed by a aft moorings will be allowed. Temporary line connecting the following points, floats or buoys for marking anchors in place excluding a 300-foot-wide fairway ex- will be allowed. Fixed mooring piles or tending northerly from the launching stakes are prohibited. All moorings shall be ramp as established by the Super- so placed that no vessel, when anchored, intendent of Amistad Recreation Area: shall at any time extend beyond the limits of ° ′ ″ ° ′ ″ the area. ‘‘a’’ 29 28 54 N. 101 01 10 W. ‘‘b’’ 29°28′21″ N. 101°01′08″ W. [CGFR 70–53A, 35 FR 14506, Sept. 16, 1970] ‘‘c’’ 29°28′34″ N. 101°00′32″ W. ‘‘d’’ 29°28′54″ N. 101°00′32″ W. § 110.74a Manatee River, Bradenton, Fla. (b) Rough Canyon, Tex. That portion of the Amistad Reservoir enclosed by a The waters of the Manatee River en- line connecting the following points, closed by a line beginning at latitude excluding a 300-foot-wide fairway ex- 27°31′18.6″ N. longitude 82°36′49.2″ W.; tending westerly from the launching thence westerly to latitude 27°31′21″ N., ramp to the Devils River main channel longitude 82°37′7.2″ W.; thence north- as established by the Superintendent of westerly to latitude 27°31′22.2″ N., lon- Amistad Recreation Area: gitude 82°37′8.4″ W.; thence northeast- ° ′ ″ ° ′ ″ erly to latitude 27°31′25.8″ N., longitude ‘‘a’’ 29 34 43 N. 100 58 54 W. ° ′ ″ ‘‘b’’ 29°34′05″ N. 100°58′46″ W. 82 37 00 W.; thence easterly to latitude ‘‘c’’ 29°34′16″ N. 100°58′20″ W. 27°31′24″ N., longitude 82°36′44.4″ W.; ‘‘d’’ 29°34′27″ N. 100°58′11″ W. thence to the point of beginning. ‘‘e’’ 29°34′27″ N. 100°58′36″ W. ‘‘f’’ 29°34′52″ N. 100°58′35″ W. [CGD 79–118, 45 FR 32673, May 19, 1980] (c) Laughlin Air Force Base Site, Tex. § 110.74b Apollo Beach, Fla. That portion of Amistad Reservoir en- Beginning at a point approximately closed by a line connecting the fol- 300 feet south of the Tampa Sailing lowing points: Squadron at latitude 27°46′50.2″ N., lon- ‘‘a’’ 29°28′29″ N. 101°02′26″ W.

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‘‘b’’ 29°28′13″ N. 101°02′03″ W. of 18th Avenue extended, using that ‘‘c’’ 29°28′30″ N. 101°01′45″ W. portion of 18th Avenue that runs in a ‘‘d’’ 29°28′42″ N. 101°02′00″ W. true north-south direction perpen- NOTE: The areas will be principally for use dicular to Utah Street; thence north by yachts and other recreational craft. The 530 feet along this line of 18th Avenue anchoring of vessels and the placing of tem- extended to a point approximately 400 porary moorings will be under the jurisdic- feet from the shoreline; thence north- tion and at the discretion of the Super- westerly 2,350 feet along a line parallel intendent, Amistad Recreation Area. to the northern edge of the channel to [CGFR 70–12, 35 FR 3807, Feb. 27, 1970] the point of beginning.

NOTE: An ordinance of the City of Sturgeon § 110.77a Duluth-Superior Harbor, Du- Bay, Wisconsin, requires moorings to be ap- luth, Minn. proved by the Harbor Master of the City of The area adjacent to Park Point in Sturgeon Bay and provides for other regula- Duluth-Superior Harbor within the fol- tion of the use of vessels and moorings in lowing boundaries: beginning at lati- this area. tude 46°45′19.3″ N., longitude 92°04′ 43″ [CGFR 70–15A, 35 FR 8823, June 6, 1970, as W.; thence to latitude 46°45′11.7″ N., lon- amended by CGFR 70–86A, 35 FR 18374, Dec. 3, gitude 92°05′01″ W.; thence to latitude 1970; CGD9 92–29, 58 FR 9543, Feb. 22, 1993] 46°44′21.2″ N., longitude 92°04′15.7″ W.; § 110.79a Neenah Harbor, Neenah, Wis. thence to latitude 46°44′29.4″ N., longitude 92°03′57.5″ W.; thence to the (a) Area 1. The area of Neenah Harbor point of beginning. south of the main shipping channel within the following boundary: A line [CGD 79–170, 45 FR 32673, May 19, 1980] beginning at a point bearing 117.5°, 1,050 feet from the point where the § 110.77b Madeline Island, Wisconsin. southeasterly side of the First Street/ The waters off of La Pointe Harbor, Oak Street Bridge crosses the south Madeline Island, Wisconsin, encom- shoreline of the river; thence 254°, 162 passed by the following: starting at feet; thence 146°, 462 feet; 164°, 138 feet; 46°46′44.8″ N, 090°47′14.0″ W; then south 123°, 367 feet; 068°, 400 feet; 044°, 400 feet; southwesterly to 46°46′35.5″ N, thence 320°, 107 feet; thence 283°, 1,054 090°47′17.0″ W; then south southeasterly feet to the point of beginning. to 46°46′27″ N, 090°47′12.8″ W; then east (b) Area 2. Commencing at a point southeasterly to 46°46′22.6″ N, where the west line of Second Street 090°46′58.8″ W; then following the shore- extended meets the north edge of the line back to the starting point (NAD harbor, thence south to intersect the 83). north edge of the channel at latitude ° ′ ″ ° ′ ″ [CGD09–03–284, 69 FR 32445, June 10, 2004] 44 11 04.2 North, longitude 88 27 13.2 West, thence northwesterly to a point § 110.78 Sturgeon Bay, Sturgeon Bay, at latitude 44°11′06.3″ North, longitude Wis. 88°27′16.4″ West, thence north to the (a) Area 1. Beginning at a point bear- easterly end of the Neenah Dam Spill- ing 126°, 3,000 feet from the fixed green way. Sturgeon Bay Canal Leading Light NOTE: An ordinance of the City of Neenah, mounted on the highway bridge; thence Wis., requires approval of the Neenah Police 120°, 1,200 feet, this line being parallel Department for the location and type of indi- to and 150 feet from the channel edge; vidual moorings placed in this special an- thence 222°, 500 feet; thence 300°, 1,200 chorage area. feet; thence 042°, 500 feet to the point of [CGD9 85–017, 50 FR 49844, Dec. 5, 1985] beginning. (b) Area 2. Beginning at a point 160 § 110.79b Millers Bay, Lake Winne- feet from the shoreline and on the east bago, Oshkosh, WI line of 15th Avenue extended; thence The area adjacent to Menominee south 530 feet to a point 100 feet from Park in Millers Bay within the fol- the northern edge of the channel; lowing boundaries: beginning at lati- thence southeasterly 2,350 feet along a tude 44°01′47″ N., longitude 88°31′05″ W.; line parallel to the northern edge of thence to latitude 44°01′46″ N., lon- the channel to a point on the east line gitude 88°31′00″ W.; thence to latitude 437

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44°01′34″ N., longitude 88°31′04″ W.; tion and type of moorings placed in these thence to latitude 44°01′36″ N., lon- special anchorage areas. gitude 88°31′08″ W.; thence to point of [CGD 73–48R, 39 FR 12007, Apr. 2, 1974] beginning. § 110.80a Lake Macatawa, Mich. [CGD 09–80–01, 47 FR 18333, Apr. 29, 1982] An area located on the south side of § 110.79c Fish Creek Harbor, Fish Lake Macatawa near the entrance to Creek, Wisconsin. Lake Michigan, shoreward (south) of a line commencing offshore of Macatawa The area within the following bound- Park at a point 960 feet S 156° E from aries: Beginning at latitude 45°07′58″ N., the light on the south pier at the en- longitude 87°14′41″ W.; thence to lati- trance to the Lake, and extending 1,550 tude 45°07′58″ N., longitude 87°14′35″ W.; feet N 82° E toward the northwest cor- thence to latitude 45°07′50″ N., lon- ner of the Macatawa Bay Yacht Club gitude 87°14′30″ W.; thence to latitude pier. 45°07′47″ N., longitude 87°14′38″ W.; thence to the point of beginning. § 110.80b Marquette Harbor, Mar- quette, Mich. [CGD 09–82–04, 48 FR 11268, Mar. 14, 1983] The area within Marquette Harbor beginning at latitude 46°32′38″ N., lon- § 110.80 Milwaukee Harbor, Mil- gitude 87°22′46″ W.; thence to latitude waukee, Wis. 46°32′37″ N., longitude 87°22′54″ W.; (a) McKinley Park. The water area thence to latitude 46°32′33″ N., lon- east of McKinley Park enclosed by a gitude 87°22′54″ W.; thence to latitude line beginning at McKinley Park Jetty 46°32′33″ N., longitude 87°22′46″ W., Light; thence 090°, 500 feet to a point thence to point of origin. on the breakwater; thence northerly NOTE: An ordinance of the City of Mar- and northwesterly following the break- quette authorizes the Harbormaster to direct water, piers, jetty and natural shore- the location and length of time any line to the point of beginning. watercraft may anchor in this area. (b) South Shore Park. The water area [CGD 79–018, 44 FR 50040, Aug. 27, 1979] northeast of South Shore Park enclosed by a line beginning at the north- § 110.81 Muskegon Lake, Mich. east corner of the jetty at latitude (a) Muskegon Lake West. The waters ° ′ ″ ° ′ ″ 43 00 07.5 N., longitude 87 53 08 W.; of the southwest side of Muskegon thence to latitude 43°00′05″ N., lon- Lake enclosed by a line beginning at gitude 87°53′01″ W.; thence to latitude latitude 43°13′24″ N., longitude 42°59′55″ N., longitude 87°52′53″ W.; 86°19′18.5″ W.; thence 145°T to latitude thence to latitude 42°59′40″ N., lon- 43°13′07.5″ N., longitude 86°19′02.5″ W.; gitude 87°52′33.5″ W.; thence to a point thence 230°T to latitude 43°13′04″ N., of the shoreline at latitude 42°59′34″ N., longitude 86°19′08.5″ W.; thence along longitude 87°52′43.5″ W.; thence fol- the shoreline to the point of origin. lowing the shoreline to the point of be- (b) Muskegon Lake East. The waters of ginning. the southeast side of Muskegon Lake (c) Bay View Park. The water area enclosed by a line beginning at latitude east of Bay View Park enclosed by a 43°14′04″ N., longitude 86°15′47″ W.; line beginning on the shoreline at lati- thence 277°T to latitude 43°14′06.5″ N., tude 42°59′28.5″ N., longitude 87°52′35″ longitude 86°16′27″ W.; thence 205°T to W.; thence to latitude 42°59′35.5″ N., the shore; thence along the shoreline longitude 87°52′27″ W.; thence to lati- to the point of origin. ° ′ ″ ° ′ ″ tude 42 59 08 N., longitude 87 51 37 W.; NOTE: Administration of the Special An- thence to a point on the shoreline at chorage Area is exercised by the City of Mus- latitude 42°58′59″ N., longitude 87°51′46″ kegon pursuant to local ordinances. W.; thence following the shoreline to [CGD 79–171, 46 FR 48195, Oct. 1, 1981] the point of beginning. § 110.81a Lake Betsie, Frankfort, MI. NOTE: An ordinance of the City of Mil- waukee, Wisconsin requires the approval of The area within the following bound- the Milwaukee Harbor Master for the loca- aries:

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Beginning at latitude 44°37′47″ North, lon- on the harbor line; thence North along gitude 86°13′52.5″ West; thence to latitude a straight line parallel to said harbor 44°37′51.4″ North, longitude 86°13′49″ West; line and bulkhead, 1,705 feet to a point ° ′ ″ thence to latitude 44 37 46.4 North, longitude that is 100 feet East of said harbor line 86°13′37.8″ West; then to latitude 44°37′44.8″ North, longitude 86°13′44.2″ West; thence to and 150 feet East of the Grant Park point of beginning. bulkhead; thence East at a right angle, 150 feet; thence North at a right angle, [CGD 09–82–06, 48 FR 33263, July 21, 1983] parallel to the first described line, § 110.82 Charlevoix Harbor, Mich. passing 100 feet East of the Chicago Yacht Club bulkhead, 440 feet; thence The waters on the north side of Northeasterly 850 feet to a point 1,070 Round Lake northward of a line begin- feet East of the aforesaid Grant Park ning at a point approximately 200 feet ° bulkhead; thence Southeasterly 740 south of the north shore bearing 60 , 280 feet to a point 1,600 feet East of said feet, from the northeast corner of the harbor line; thence Southerly 1,960 feet Charlevoix Municipal Wharf, and bear- to a point approximately 1,555 feet East ing thence 92°, 400 feet, thence 129°, ° of said harbor line and about 1,560 feet 1,160 feet, and thence 110 to the west- East of said Grant Park bulkhead; erly end of the southwest side of Park thence Southwesterly 295 feet to a Island. point 1,180 feet due East, in a direction § 110.82a Little Traverse Bay, Lake perpendicular to the West line hereof, Michigan, Harbor Springs, Mich. from the point of beginning; and thence West to the point of beginning. (a) Area 1. Beginning at latitude (b) Grant Park North-B. Beginning at 45°25′42.2″ N., Longitude 84°59′7.5″ W.; a point 145 feet North of the North line thence to latitude 45°25′39.5″ N., lon- of the Chicago Yacht Club bulkhead, as gitude 84°59′09″ W.; thence to latitude constructed in 1927, and 320 feet East of 45°25′35″ N., longitude 84°59′07″ W.; the harbor line approved by the De- thence to latitude 45°25′35″ N., lon- partment of the Army on August 3, gitude 84°58′55.2″ W.; thence to latitude 1940, along the West side of the harbor, 45°25′42.2″ N., longitude 84°58′56.5″ W., said Chicago Yacht Club bulkhead ex- thence to the point of beginning. tends due East, perpendicular to the (b) Area 2. Beginning at latitude Grant Park bulkhead’s overall align- 45°25′42.2″ N., longitude 84°58′54″ W.; ment between its North and South thence to latitude 45°25′35″ N., lon- ends, said bulkhead runs parallel to the gitude 84°58′53″ W.; thence to latitude aforesaid harbor line and is approxi- 45°25′35″ N., longitude 84°58′24.8″ W.; mately 800 feet South of the South face thence to latitude 45°25′36.1″ N., lon- of the former Naval Armory Dock, said gitude 84°58′23″ W.; thence to latitude point is 20 feet East of the East face of 45°25′42.2″ N., longitude 84°58′39″ W., the Chicago Park District jetty; thence thence to the point of beginning. North parallel to said jetty, 230 feet to [CGD 09–85–02, 50 FR 24194, June 10, 1985] a point 20 feet South of the South face of the Lake Shore Drive bulkhead, said § 110.83 Chicago Harbor, Ill. bulkhead runs Easterly and Westerly (a) Grant Park North-A. Beginning at in a curved direction; thence Easterly a point 2,120 feet South of the intersec- along a line parallel to said curved tion of the North line of the Chicago bulkhead to a point 20 feet Southwest Yacht Club bulkhead, as constructed in and perpendicular to a line extended 1927, and the harbor line approved by along the Southwest side of the Colum- the Department of the Army on August bia Yacht Club pier to said curved 3, 1940, along the West side of the har- bulkhead; thence Southeasterly par- bor, said harbor line runs parallel to allel to said extended line, 160 feet; the overall alignment of said Grant thence Southwesterly to the point of Park bulkhead between its North and beginning. South ends, said intersection is ap- (c) Grant Park North-C. Beginning at proximately 800 feet South of the a point 970 feet North of the North line South face of the former Naval Armory of the Chicago Yacht Club bulkhead, as Dock, and 100 feet East of said bulk- constructed in 1927, which extends due head, that point being approximately East and perpendicular from the harbor

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line approved by the Department of the aforesaid Chicago Yacht Club bulk- Army on August 3, 1940, said Chicago head; and thence North 2,350 feet of the Yacht Club bulkhead line is approxi- point of beginning. mately 800 feet South of the South face NOTE: The Chicago Park District controls of the former Naval Armory Dock, and the location and type of any moorings placed 1,170 feet East of said harbor line, said in the special anchorage areas in this sec- point of beginning is 20 feet East of the tion. East face of the Columbia Yacht Club [CGD09–83–02, 50 FR 27581, July 5, 1985] pier and 20 feet South of the South face of a breakwater, which runs in a East § 110.83a Cedar Point, Sandusky, Ohio. and West direction; thence East along The water area enclosed by the break a line parallel to the South face of said wall beginning at latitude 41°28′13″ N., East-West breakwater, 540 feet to a longitude 82°40′39″ W.; thence along the point 20 feet West of the West face of a break wall to latitude 41°28′21″ N., lon- breakwater, which runs in a North and gitude 82°40′53″ W.; thence along a South direction; thence South along a straight line southwesterly to latitude line parallel to the West face of said 41°28′20″ N., longitude 82°40′55″ W.; North-South breakwater, approxi- thence along the break wall to latitude mately 965 feet; thence Northwesterly 41°28′33″ N., longitude 82°40′58″ W.; to a point 20 feet Southeast and per- thence along the shoreline to the point pendicular to the Southeast side of the of beginning. aforesaid Columbia Yacht Club pier; thence Northerly along a line parallel [CGD 79–169, 45 FR 32674, May 19, 1980] to the East face of said pier to the § 110.84 Black Rock Channel opposite point of beginning. foot of Porter Avenue, Buffalo, N.Y. (d) Grant Park South. Beginning at a point 2,220 feet South of the intersec- An area extending northwesterly be- tion of the North line of the Chicago tween Black Rock Channel and Bird Is- Yacht Club bulkhead, as constructed in land Pier opposite the foot of Porter 1927, and the harbor line approved by Avenue, bounded as follows: Beginning the Department of the Army on August at Triangulation Marker ‘‘N–5’’ on Bird 3, 1940, along the West side of the har- Island Pier; thence southeasterly along bor, said harbor line runs parallel to the pier a distance of approximately ° ′ the overall alignment of the Grant 745 feet; thence 60 52 true, approxi- Park bulkhead between its North and mately 300 feet to a point 50 feet west- South ends, said intersection is ap- erly of the westerly limit of Black proximately 800 feet South of the Rock Channel; thence northwesterly South face of the former Naval Armory along an arc of a circle parallel to and Dock, and 100 feet East of said Grant 50 feet westerly of the westerly limit of Park bulkhead, that point being ap- the channel to a point approximately proximately on the harbor line; thence 360 feet southerly of Bird Island Pier ° ′ East, perpendicular to the overall Light No. 17; thence 276 20 true, ap- alignment of the Grant Park bulkhead, proximately 135 feet to Bird Island and perpendicular to said harbor line, Pier; thence southwesterly and south- 1,180 feet; thence Southeasterly 330 feet erly along the pier a distance of ap- to a point 1,510 feet East of said Grant proximately 1,355 feet to the point of Park bulkhead and 225 feet South of an beginning. extension of the first described line; § 110.84b Buffalo, N.Y. thence South perpendicular to the first described line, 220 feet; thence South- The area within the Port of Buffalo westerly 2,375 feet along a line gen- known as Port of Buffalo Small Boat erally 100 feet Northwesterly from and Harbor commencing at a point on shore ° ′ ″ parallel to the Northwesterly face of at latitude 42 51 05 N., longitude ° ′ ″ ° the narrow section of the U.S. Inner 78 51 55 W.; thence 240 to rip-rap dike Breakwater; thence Northwesterly 100 thence following the dike to the shore- feet to a point 150 feet East of said line; thence along the shoreline to the Grant Park bulkhead (or 100 feet East point of origin. of the aforesaid harbor line), and 4,570 [CGD 77–47, 43 FR 35480, Aug. 10, 1978; 43 FR feet South of the North line of the 56040, Nov. 30, 1978]

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§ 110.85 Niagara River, Youngstown, § 110.86 Sodus Bay, NY. N.Y. The water area in Sodus Bay, New (a) Area 1. Beginning at a point at the York, south of Sand Point, two sepa- intersection of the south line of Swain rate sections, enclosed by: Street extended with the east shoreline (a) Eastern Section, beginning at a of the Niagara River at latitude point on the shoreline at: ° ′ ″ ° ′ ″ 43 14 33 N, longitude 79 03 7.5 W; 43°15′58.1″ N 076°58′34.0″ W, to thence westerly to a point at latitude 43°15′51.9″ N 076°58′33.5″ W, to 43°14′33″ N, longitude 79°03′9.5″ W; 43°15′53.5″ N 076°58′47.5″ W, to thence Southerly to a point at latitude 43°16′01.8″ N 076°58′43.0″ W, 43°14′15.5″ N, longitude 79°03′10″ W; thence along the natural shoreline and thence Westerly to a point at latitude structures to: 43°14′15.5″ N, longitude 79°03′17″ W; 43°15′58.1″ N 076°58′34.0″ W. thence northerly to a point at latitude (b) Western Section, beginning at a ° ′ ″ ° ′ ″ 43 14 54.5 N, longitude 79 03 14 W; point on the shoreline at: thence southeasterly to a point at lati- 43°16′02.5″ N 076°58′45.0″ W, to tude 43°14′52.3″ N, longitude 73°03′09″ W; 43°15′54.0″ N 076°58′50.0″ W, to thence southerly to a point at latitude 43°15′54.8″ N 076°59′00.1″ W, to ° ′ ″ ° ′ ″ 43 14 51.4 N. longitude 73 03 09 W; 43°16′07.0″ N 076°59′47.0″ W, thence easterly to a point at latitude thence along the natural shoreline and 43°14′51.5″ N; longitude 79°03′6.5″ W; structures to: thence along the shoreline to the point 43°16′02.5″ N 076°58′45.0″ W. of beginning. (b) Area 2. Beginning at a point at [CGD 09–93–029, 58 FR 40740, July 30, 1993] latitude 43°14′53.2″ N., longitude 79°03′08″ W.; thence northwesterly to a § 110.87 Henderson Harbor, N.Y. point at latitude 43°14′56″ N., longitude (a) Area A. The area in the southern 79°03′14″ W.; thence northerly to a point portion of Henderson Harbor west of at latitude 43°15′07″ N., longitude the Henderson Harbor Yacht Club 79°03′13″ W.; thence northwesterly to a bounded by a line beginning at latitude point at latitude 43°15′9.5″ N., longitude 43°51′08.8″ N, longitude 76°12′08.9″ W, 79°03′13.5″ W.; thence southeasterly to a thence to latitude 43°51′09.0″ N, lon- point at latitude 43°15′7.5″ N., longitude gitude 76°12′19.0″ W, thence to latitude 79°03′08″ W.; thence southerly to the 43°51′33.4″ N, longitude 76°12′19.0″ W, point of beginning. thence to latitude 43°51′33.4″ N, lon- (c) Area 3. Beginning at a point at gitude 76°12′09.6″ W, thence to the point latitude 43°15′7.9″ N., longitude 79°03′03″ of beginning. All nautical positions are W.; thence westerly to a point at lati- based on North American Datum of tude 43°15′7.9″ N., longitude 79°03′04″ W.; 1983. thence northwesterly to a point at lati- (b) Area B. The area in the southern tude 43°15′11.8″ N., longitude 79°03′14″ portion of Henderson Harbor north of W.; thence northerly to a point at lati- Graham Creek Entrance Light bounded tude 43°15′14″ N., longitude 79°03′14″ W.; by a line beginning at latitude thence northwesterly to a point at lati- 43°51′21.8″ N, longitude 76°11′58.2″ W, tude 43°15′22″ N., longitude 79°03′21.5″ thence to latitude 43°51′21.7″ N, lon- W.; thence northeasterly to a point at gitude 76°12′05.5″ W, thence to latitude latitude 43°15′25.5″ N., longitude 43°51′33.4″ N, longitude 76°12′06.2″ W, 79°03′13″ W.; thence along the shoreline thence to latitude 43°51′33.6″ N, lon- to the point of beginning. gitude 76°12′00.8″ W, thence to the point of beginning. All nautical positions are NOTE: The Youngstown Harbor Commission controls the location, type, and assignment based on North American Datum of of moorings placed in the special anchorage 1983. areas in this section. [CGD09–99–081, 65 FR 11893, Mar. 7, 2000, as [CGD 79–098, 45 FR 32674, May 19, 1980, as amended by USCG–2009–0854, 74 FR 49815, amended by CGD9–85–10, 50 FR 43387, Oct. 25, Sept. 29, 2009] 1985]

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§ 110.90 San Diego Harbor, Calif. 117°10′36.1″ W.; thence westerly to lati- ° ′ ″ ° ′ ″ (a) Area A–1. In North San Diego Bay, tude 32 43 20.2 N., longitude 117 10 52.9 W.; thence northeasterly to 32°43′29.8″ the Shelter Island Yacht Basin Anchor- ° ′ ″ age, the water area enclosed by a line N., longitude 117 10 48.0 W., thence beginning at latitude 32°42′56.7″ N., lon- northeasterly following a line parallel gitude 117°13′47.1″ W.; thence south- to, and 200 feet bayward of, the shore- westerly to latitude 32°42′53.6″ N., lon- line of San Diego Bay adjoining Harbor gitude 117°13′51.3″ W.; thence north- Drive to the point of beginning. westerly to latitude 32°43′01.3″ N., lon- (g) Area A–4. In Central San Diego gitude 117°13′59.1″ W.; thence northeast- Bay, the Bay Bridge Roadstead An- erly to latitude 32°43′02.6″ N., longitude chorage, the water area enclosed by a ° ′ ″ line beginning at latitude 32°41′32.1″ N., 117 13 55.5 W.; thence southeasterly to ° ′ ″ latitude 32°42′59.8″ N., longitude longitude 117 09 43.1 W.; thence south- ° ′ ″ westerly to latitude 32°41′19.1″ N., lon- 117 13 50.4 W.; thence southeasterly to ° ′ ″ the point of beginning. gitude 117 09 46.1 W.; thence southeasterly to latitude 32°41′17.8″ N., longitude (b) Area A–1a. In North San Diego ° ′ ″ Bay, the Shelter Island Roadstead An- 117 09 44.3 W.; thence southeasterly to latitude 32°41′14.9″ N., longitude chorage east of Shelter Island, the ° ′ ″ water area 55 feet either side of a line 117 09 37.9 W.; thence northeasterly to ° ′ ″ latitude 32°41′26.9″ N., longitude beginning at latitude 32 42 33.6 N., lon- ° ′ ″ gitude 117°13′48.3″ W.; thence northeast- 117 09 35.1 W., thence southwesterly to erly to latitude 32°42′36.0″ N., longitude the point of beginning. 117°13′45.1″ W. (h) Area A–5. In Central San Diego (c) Area A–1b. The water area off Bay, the Glorietta Bay Anchorage, the Shelter Island’s eastern shore, 210 feet water area enclosed by a line beginning at latitude 32°40′42.2″ N., longitude shoreward of a line beginning at lati- ° ′ ″ tude 32°42′43.9″ N., longitude 117°13′34.3″ 117 10 03.1 W.; thence southwesterly to latitude 32°40′41.2″ N., longitude W.; thence northeasterly to latitude ° ′ ″ 32°42′52.8″ N., longitude 117°13′22.4″ W. 117 10 06.6 W.; thence northwesterly to latitude 32°40′46.2″ N., longitude (d) Area A–1c. The water area off ° ′ ″ Shelter Island’s eastern shore, 210 feet 117 10 15.6 W.; thence northeasterly to latitude 32°40′46.7″ N., longitude shoreward of a line beginning at lati- ° ′ ″ tude 32°42′55.0″ N., longitude 117°13′19.4″ 117 10 14.1 W.; thence southeasterly to W.; thence northeasterly to latitude the point of beginning. (i) Area A–6. In Fiddler’s Cove, the 32°43′03.5″ N., longitude 117°13′07.6″ W. water enclosed by a line beginning at (e) Area A–2. In North San Diego Bay, latitude 32°39′10.4″ N., longitude the America’s Cup Harbor Anchorage, 117°08′49.4″ W.; thence northwesterly to the water area enclosed by a line begin- latitude 32°39′14.9″ N., longitude ning at latitude 32°43′13.7″ N, longitude 117°08′51.8″ W.; thence northeasterly to 117°13′23.8″ W; thence northeasterly to latitude 32°39′17.6″ N., longitude latitude 32°43′16.7″ N., longitude 117°08′47.5″ W.; thence northwesterly to 117°13′16.4″ W.; thence northwesterly to latitude 32°39′19.8″ N., longitude latitude 32°43′22.6″ N., longitude 117°08′48.8″ W.; thence northeasterly to 117°13′25.8″ W.; thence westerly to lati- latitude 32°39′24.4″ N., longitude tude 32°43′22.5″ N., longitude 117°13′29.6″ 117°08′41.4″ W.; thence southeasterly to W.; thence southwesterly to latitude latitude 32°39′15.7″ N., longitude 32°43′19.0″ N., longitude 117°13′32.6″ W.; 117°08′36.0″ W.; thence southwesterly to thence southeasterly to the point of be- the point of beginning. ginning. (f) Area A–3. In North San Diego Bay, NOTE: This area is located on Federal prop- the Laurel Street Roadstead Anchor- erty owned by the United States Navy, and it age, the water area enclosed by a line is reserved for active duty military, their de- beginning at latitude 32°43′30.5″ N., lon- pendents, retirees, and DOD employees only. gitude 117°10′28.5″ W.; thence south- (j) Area A–8. In South San Diego Bay, westerly to latitude 32°43′29.8″ N., lon- the Sweetwater Anchorage, the water gitude 117°10′34.2″ W.; thence south- enclosed by a line beginning at latitude westerly to latitude 32°43′25.8″ N., lon- 32°39′12.2″ N., longitude 117°07′45.1″ W.; gitude 117°10′36.1″ W.; thence southerly thence easterly to latitude 32°39′12.2″ to latitude 32°43′20.2″ N., longitude N., longitude 117°07′30.1″ W.; thence

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southerly to latitude 32°38′45.2″ N., lon- 117°14′42.9″ W.; to Mission Point Light; gitude 117°07′30.1″ W.; thence westerly latitude 32°45′43.7″ N., longitude to latitude 32°38′45.2″ N., longitude 117°14′41.9″ W. 117°07′45.1″ W.; thence northerly to the NOTE: Control over the anchoring of vessels point of beginning. and the placing of temporary moorings in (k) Area A–9. In North San Diego Bay, this area is exercised by the City of San the Cruiser Anchorage, the water en- Diego Park and Recreation Department pur- closed by a line beginning at latitude suant to local ordinances. ° ′ ″ ° ′ ″ 32 43 35.9 N., longitude 117 11 06.2 W.; (d) Area M–4. In Quivira Basin, the thence southwesterly to latitude ° ′ ″ ° ′ ″ entire water area enclosed by that por- 32 43 31.5 N., longitude 117 11 13.2 W.; tion of a circle of 45 yard radius from thence southeasterly to latitude ° ′ ″ ° ′ ″ ° ′ ″ latitude 32 45 42.8 N., longitude 32 43 28.9 N., longitude 117 11 11.0 W.; 117°14′25.6″ W.; through the arc from thence southeasterly to latitude 354° T to 088° T. 32°43′25.9″ N., longitude 117°11′07.7″ W.; thence northeasterly to latitude NOTE: Control over the anchoring of vessels 32°43′34.8″ N., longitude 117°11′03.2″ W., and the placing of temporary moorings in thence northwesterly to the point of this area is exercised by the City of San beginning. All coordinates in this sec- Diego Park and Recreation Department pursuant to local ordinances. tion use Datum: NAD 83. [CGD11–85–02, 51 FR 2882, Jan. 22, 1986] NOTE: Mariners anchoring in these anchorages, excluding Anchorage A–6, should con- § 110.93 Dana Point Harbor, Calif. sult applicable local ordinances of the San Diego Unified Port District. Temporary The area in Dana Point Harbor, Calif. floats or buoys for marking anchors are al- commencing at a point at latitude lowed. Fixed moorings, piles or stakes are 33°27′36.2″ N., longitude 117°42′20.4″ W.; prohibited. All moorings shall be positioned thence 016°20′ True for 612 feet to a so that no vessel, when anchored, shall at point at latitude 33°27′42.1″ N., lon- any time extend beyond the limits of the gitude 117°42′18.4″ W.; thence 106°20′ area. See Captain of the Port Notice 6–97, a True for 85 feet to a point at latitude copy of which can be obtained by calling ° ′ ″ ° ′ ″ (619) 683–6495. 33 27 41.8 N., longitude 117 42 17.7 W.; thence 196°20′ True for 222 feet to a [CGD11–97–007, 63 FR 16688, Apr. 6, 1998] point at latitude 33°27′39.7″ N., lon- ° ′ ″ ° ′ § 110.91 Mission Bay, Calif. gitude 117 42 18.2 W.; thence 182 20 True 234 feet to a point at latitude (a) Area M–1. In San Juan Cove, the 33°27′37.4″ N., longitude 117°42′18.2″ W.; entire water area west of a line drawn thence 166°20′ True for 499 feet to a ° ′ ″ from latitude 32 46 53.6 N., longitude point at latitude 33°27′32.6″ N., lon- ° ′ ″ 117 14 52.5 W.; to El Carmel Point gitude 117°42′16.8″ W.; thence 320° True ° ′ ″ North Light; latitude 32 46 48.0 N., lon- for 470 feet to the point of origin. gitude 117°14′50.1″ W. [CGD 76–197, 42 FR 44985, Sept. 8, 1977] NOTE: Control over the anchoring of vessels and placing of temporary moorings in this § 110.95 Newport Bay Harbor, Calif. area is exercised by the City of San Diego Park and Recreation Department pursuant (a) Area A–1. The entire water area to local ordinances. within beginning at latitude 33°36′09.3″ N., longitude 117°53′52.6″ W.; thence to (b) Area M–2. In Santa Barbara Cove, latitude 33°36′11.4″ N., longitude the entire water area west of a line ° ′ ″ ° ′ ″ 117 53 51.2 W.; thence to latitude drawn from latitude 32 46 40.0 N., lon- 33°36′04.0″ N., longitude 117°53′33.4″ W.; gitude 117°14′47.0″ W.; to latitude ° ′ ″ ° ′ ″ ° ′ ″ thence to latitude 33 36 03.9 N., lon- 32 46 33.5 N., longitude 117 14 45.5 W. gitude 117°53′20.4″ W.; thence to NOTE: Control over the anchoring of vessels 33°36′01.1″ N., longitude 117°53′09.9″ W.; and the placing of temporary moorings in thence to 33°36′01.1″ N., longitude this area is exercised by the City of San 117°53′32.7″ W.; thence to 33°36′03.9 N., Diego Park and Recreation Department pur- longitude 117°53′41.9″ W.; returning to suant to local ordinances. latitude 33°36′09.3″ N., longitude (c) Area M–3. In Mariners Basin, the 117°53′52.6″ W. entire water area west of a line drawn (b) Area A–2. The entire water area from latitude 32°45′49.2″ N., longitude within beginning at latitude 33°36′12.9″

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N., longitude 117°53′44.2″ W; thence to tude 33°36′43.3″ N., longitude 117°54′26.4″ latitude 33°36′14.2″ N., longitude W. 117°53′44.3″ W.; thence to latitude (g) Area A–7. The entire water area 33°36′14.2″ N., longitude 117°53′20.6″ W.; within beginning at latitude 33°36′32.1″ thence to latitude 33°36′10.8″ N., lon- N., longitude 117°55′12.5″ W.; thence to gitude 117°53′20.5″ W.; thence to latitude latitude 33°36′37.7″ N., longitude 33°36′12.7″ N., longitude 117°53′29.9″ W.; 117°55′11.0″ W.; thence to latitude thence to latitude 33°36′12.7″ N., lon- 33°36′35.1″ N., longitude 117°55′01.3″ W.; gitude 117°53′35.4″ W.; thence to latitude thence to latitude 33°36′30.4″ N., lon- 33°36′12.9″ N., longitude 117°53′37.0″ W.; gitude 117°55′02.6″ W.; thence to latitude returning to latitude 33°36′12.9″ N., lon- 33°36′31.2″ N., longitude 117°55′06.7″ W.; gitude 117°53′44.2″ W. returning to latitude 33°36′32.1″ N., lon- (c) Area A–3. The entire water area gitude 117°55′12.5″ W. within beginning at latitude 33°36′22.7″ (h) Area A–8. The entire water area ′ ″ N., longitude 117 54 12.6 W.; thence to within beginning at latitude 33°36′34.2″ ° ′ ″ latitude 33 36 24.9 N., longitude N., longitude 117°55′27.3″ W.; thence to ° ′ ″ 117 54 12.6 W.; thence to latitude latitude 33°36′36.2″ N., longitude ° ′ ″ ° ′ ″ 33 36 26.2 N., longitude 117 54 11.3 W.; 117°55′26.7″ W.; thence to latitude ° ′ ″ thence to latitude 33 36 18.7 N., lon- 33°36′39.5″ N., longitude 117°55′20.9″ W.; ° ′ ″ gitude 117 54 00.5 W.; thence to latitude thence to latitude 33°36′38.9″ N., lon- ° ′ ″ ° ′ ″ 33 36 16.2 N., longitude 117 54 02.9 W.; gitude 117°55′15.4″ W.; thence to latitude ° ′ ″ returning to latitude 33 36 22.7 N., lon- 33°36′37.9″ N., longitude 117°55′11.7″ W.; ° ′ ″ gitude 117 54 12.6 W. thence to latitude 33°36′32.1″ N., lon- (d) Area A–4. The entire water area gitude 117°55′13.3″ W.; returning to lati- within beginning at latitude 33°36′ 32.7″ ° ′ ″ ° ′ ″ ° ′ ″ tude 33 36 34.2 N., longitude 117 55 27.3 N., longitude 117 53 56.6 W.; thence to W. latitude 33°36′33.6″ N., longitude ° ′ ″ (i) Area A–9. The entire water area 117 53 56.6 W.; thence to latitude ° ′ ″ ° ′ ″ ° ′ ″ within beginning at latitude 33 36 53.5 33 36 33.5 N., longitude 117 53 26.2 W.; ° ′ ″ ° ′ ″ N., longitude 117 55 28.2 W.; thence to thence to latitude 33 36 32.9 N., lon- ° ′ ″ gitude 117°53′26.2″ W.; thence to latitude latitude 33 36 54.0 N., longitude ° ′ ″ ° ′ ″ 117°55′27.0″ W.; thence to latitude 33 36 32.6 N., longitude 117 53 33.8 W.; ° ′ ″ ° ′ ″ thence to latitude 33°36′32.4″ N., lon- 33 36 43.4 N., longitude 117 55 20.4 W.; ° ′ ″ gitude 117°53′36.7″ W.; thence to latitude thence to latitude 33 36 42.9 N., lon- ° ′ ″ 33°36′31.7″ N., longitude 117°53′40.9″ W.; gitude 117 55 21.6 W.; returning to lati- ° ′ ″ ° ′ ″ thence to 33°36′31.7″ N., longitude tude 33 36 53.5 N., longitude 117 55 28.2 117°53′46.3″ W.; thence to latitude W. 33°36′32.6″ N., longitude 117°53′50.9″ W.; (j) Area A–10. The entire water area returning to latitude 33°36′ 32.7″ N., lon- within beginning at latitude 33°36′07.4″ gitude 117°53′56.6″ W. N., longitude 117°53′19.2″ W.; thence to (e) Area A–5. The entire water area latitude 33°36′14.2″ N., longitude within beginning at latitude 33°36′29.1″ 117°53′19.4″ W.; thence to latitude N., longitude 117°54′55.3″ W.; thence to 33°36′14.2″ N., longitude 117°53′06.9″ W.; latitude 33°36′27.8″ N., longitude thence to latitude 33°36′08.1″ N., lon- 117°54′55.8″ W.; thence to latitude gitude 117°53′04.9″ W.; thence to latitude 33°36′24.1″ N., longitude 117°54′41.8″ W.; 33°36′06.5″ N., longitude 117°53′08.9″ W.; thence to latitude 33°36′26.7″ N., lon- thence to latitude 33°36′06.5″ N., longitude 117°54′40.8″ W.; thence to latitude gitude 117°53′16.3″ W.; returning to lati- 33°36′26.7″ N., longitude 117°54′46.3″ W.; tude 33°36′07.4″ N., longitude 117°53′19.2″ returning to latitude 33°36′29.1″ N., lon- W. gitude 117°54′55.3″ W. (k) Area A–11. The entire water area (f) Area A–6. The entire water area within beginning at latitude 33°36′04.7″ within beginning at latitude 33°36′43.3″ N., longitude 117°53′01.9″ W.; thence to N., longitude 117°54′26.4″ W.; thence to latitude 33°36′06.1″ N., longitude latitude 33°36′51.7″ N., longitude 117°53′00.5″ W.; thence to latitude 117°54′22.8″ W.; thence to latitude 33°36′06.2″ N., longitude 117°52′59.0″ W.; 33°36′51.4″ N., longitude 117°54′21.5″ W.; thence to latitude 33°35′59.4″ N., lon- thence to latitude 33°36′42.9″ N., longitude 117°52′51.1″ W.; thence to latitude gitude 117°54′25.2″ W.; returning to lati- 33°35′57.5″ N., longitude 117°52′50.9″ W.;

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thence to latitude 33°36′01.9″ N., lon- and easterly along the southerly side of gitude 117°52′57.3″ W.; thence to latitude the Fairway, about 478 and 565 feet re- 33°36′03.0″ N., longitude 117°53′00.4″ W.; spectively to its intersection with Fish returning to latitude 33°36′04.7″ N., lon- Harbor mole; thence southerly and gitude 117°53′01.9″ W. southwesterly along the mole to the (l) Area A–12. The entire water area point of beginning. within beginning at latitude 33°36′27.9″ (c) Area B–1. Long Beach outer har- N., longitude 117°54′40.4″ W.; thence to bor along east side of Pier 400 begin- latitude 33°36′23.9″ N., longitude ning at latitude 33°44′22.8″ N., longitude 117°54′41.8″ W.; thence to latitude 118°13′51.0″ W.; thence south to latitude 33°36′20.8″ N., longitude 117°54′29.9″ W.; 33°43′54.5″ N., longitude 118°13′50.0″ W.; thence to latitude 33°36′28.5″ N., lon- thence southwesterly to latitude gitude 117°54′20.2″ W.; returning to lati- 33°43′46.0″ N., longitude 118°14′13.6″ W.; tude 33°36′27.9″ N., longitude 117°54′40.4″ thence northwesterly to latitude W. 33°44′15.3″ N., longitude 118°14′26.6″ W.; (m) Area B–1. The entire water area thence northeasterly to latitude within beginning at latitude 33°36′35.1″ 33°44′25.1″ N., longitude 118°14′15.6″ W.; N., longitude 117°54′28.8″ W.; thence to thence easterly to the beginning point. latitude 33°36′32.1″ N., longitude (d) Area C–1. Long Beach outer har- 117°54′22.1″ W.; thence to latitude bor between Island Freeman and Island 33°36′30.6″ N., longitude 117°54′22.8″ W; Chaffee beginning at latitude 33°44′20.0″ thence to latitude 33°36′30.5″ N., lon- N., longitude 118°08′26.2″ W.; thence gitude 117°54′30.9″ W.; returning to lati- west to latitude 33°44′23.5″ N., longitude tude 33°36′35.1″ N., longitude 117°54′28.8″ 118°09′32.6″ W.; thence north to latitude W. 33°44′52.8″ N., longitude 118°09′33.2″ W.; Note to § 110.95: These anchorage areas are thence southeast to latitude 33°44′25.5″ reserved for recreational and other small N., longitude 118°08′26.2″ W.; thence craft. Local law, including the City of New- south to the beginning point. port Beach Municipal Code 17.25.020, may (e) Area E–1. Long Beach outer harbor provide for fore and aft moorings for recreational and small craft of such size and northwest of Island Freeman beginning alignment as permitted by the harbor mas- at latitude 33°44′55.0″ N., longitude ter. 118°09′40.0″ W.; thence southwesterly to ° ′ ″ [USCG–2010–0929, 77 FR 22491, Apr. 16, 2012] latitude 33 44 37.0 N., longitude 118°09′48.5″ W.; thence northwesterly to § 110.100 Los Angeles and Long Beach latitude 33°44′52.0″ N., longitude Harbors, Calif. 118°10′32.0″ W.; thence north to latitude ° ′ ″ ° ′ ″ (a) [Reserved] 33 45 11.0 N., longitude 118 10 32.0 W. (b) Area A–2. Consisting of two parts (f) Restrictions. Special anchorage in the outer basin of Fish Harbor on areas B–1, C–1, and E–1 are reserved for the east and west sides of Fish Harbor barges on mooring balls, unless other- Entrance Channel described as follows: wise authorized by the Captain of the (1) Part 1. Beginning at a point at the Port Los Angeles-Long Beach. intersection of westerly side of Fish [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as Harbor Entrance Channel and the outer amended by CGD11–04–005, 71 FR 15036, Mar. jetty; thence southwesterly along the 27, 2006] jetty about 900 feet to the shore; thence northerly about 500 feet; thence § 110.111 Marina del Rey Harbor, Calif. northeasterly about 650 feet, on a line An area in the main channel within parallel to jetty; thence southeasterly the following described boundaries: about 500 feet, along the westerly side Beginning at the most northeasterly of Fish Harbor Entrance Channel to corner at latitude 33°58′58″, longitude the point of beginning. 118°26′46″; thence southerly to latitude (2) Part 2. Beginning at a point at the 33°58′53″, longitude 118°26′46″; thence intersection of the east side of Fish southeasterly to latitude 33°58′52″, lon- Harbor Entrance Channel and Fish gitude 118°26′45″; thence southerly to Harbor mole (outer Fish Harbor); latitude 33°58′39″, longitude 118°26′45″; thence northwesterly along channel thence westerly to latitude 33°58′38″, line about 850 feet to the southerly side longitude 118°26′55″; thence northerly to of the Fairway; thence northeasterly latitude 33°59′00″, longitude 118°26′55″;

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thence easterly to the point of begin- about 1,425 yards to meet the prolonga- ning. tion of the center line of Seventh

NOTE: This area is reserved for yachts and Street; and thence to the point of be- other recreational craft and for all types of ginning. small craft during storm, stress, or other (b) Area A–2. Beginning at a point 322° emergency. Single and fore-and-aft moorings and 150 feet from the high water line on will be allowed in the area as permitted by the most westerly part of Fairbanks the Director of the Department of Small Craft Harbors, Los Angeles County. Point; thence continuing on this bearing for a distance of 1,346 feet; thence § 110.115 Santa Barbara Harbor, Calif. 52° for a distance of 450 feet and thence North of the Santa Barbara break- generally southeasterly parallel to and water; seaward of the line of mean high 150 feet from the mean high water line water; and southwest of a line bearing to the point of beginning. 46°30′ from the north corner of Bath NOTE: Moorings and boating activities will Street and Cabrillo Boulevard to the be allowed in these areas conforming to ap- end of the Santa Barbara breakwater; plicable City of Morro Bay ordinances and excluding a fairway 225 feet wide, 100 regulations adopted pursuant thereto. feet from each side of and parallel to the Navy pier. § 110.126 Monterey Harbor, Calif. NOTE: Fore and aft moorings will be al- The waters of Monterey Harbor be- lowed in this area conforming to the City of tween the shoreline and the following Santa Barbara Harbor Ordinance No. 2106 for coordinates: Beginning at a point on yachts and small craft of such size and alignment as permitted by the harbor master. the shoreline at latitude 36°36′27.5″ N., longitude 121°53′35.0″ W.; thence to lati- § 110.120 San Luis Obispo Bay, Calif. tude 36°36′32.4″ N., longitude 121°53′31.0″ (a) Area A–1. Area A–1 is the water W., in an easterly direction to latitude area bounded by the San Luis Obispo 36°36′28.8″ N., 121°53′19.0″ W.; thence County wharf, the shoreline, a line south to latitude 36°36′23.1″ N., lon- drawn from the southernmost point of gitude 121°53′19.0″ W.; thence to the Fossil Point to latitude 35°10′18.5″ N., north end of Municipal Wharf No. 1 at longitude 120°43′38.5″ W.; thence to the latitude 36°36′20.0″ N., longitude southeast corner of the San Luis 121°53′28.0″ W. Obispo County wharf. (b) Area A–2. Area A–2 is the water [CGD 82–091, 47 FR 45878, Oct. 14, 1982] area enclosed by a line drawn from the outer end of Whaler Island breakwater § 110.126a San Francisco Bay, Calif. at latitude 35°09′22″ N., longitude Richardson Bay Anchorage. That por- 120°44′56″ W., to the Marre´ Chimney at tion of Richardson Bay, north of a line latitude 35°10′56″ N., longitude 120°44′31″ bearing 257° from Peninsula Point to W. the shore at Sausalito, except for feder- NOTE: The Port San Luis Harbor District ally-maintained channels, and all prescribes local regulations for mooring and channels approved for private use boating activities in these areas. therein. [CGD 72–24R, 38 FR 1928, Jan. 19, 1973] NOTE: Mariners anchoring in the special anchorage area should consult applicable or- § 110.125 Morro Bay Harbor, Calif. dinances of the Richardson Bay Regional (a) Area A–1. Opposite the City of Agency and the County of Marin. These ordi- Morro Bay, beginning 50 feet west of nances establish requirements on matters in- the intersection of the west channel cluding the anchoring of vessels, placement line and the prolongation of the center of moorings, and use of anchored and moored line of Seventh Street; thence in a gen- vessels within the special anchorage area. In- erally southeasterly direction and par- formation on these local agency require- allel to the channel line for a distance ments may be obtained from the Richardson of 450 yards; thence 166° and parallel to Bay Harbor Administrator. the revetment for a distance of 1,025 [CGFR 69–109, 34 FR 17771, Nov. 4, 1969, as yards; thence 270° for a distance of 200 amended by CGD 78–126, 45 FR 10760, Feb. 19, yards; thence 346° for a distance of 1980; CGD11–99–009, 65 FR 20086, Apr. 14, 2000]

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§ 110.127 Lake Mohave and Lake Mead, lines connecting the following points, Nevada and Arizona. excluding a 100-foot-wide fairway, ex- (a) Willow Beach, Ariz. That portion tending southwesterly from the of Lake Mohave enclosed by the shore launching ramp, as established by the and a line connecting the following Superintendent, Lake Mead Recreation points, excluding a 100-foot-wide fair- Area: way, extending westerly from the ‘‘a’’ 36°18′30″ N. 114°25′10″ W. ° ′ ″ ° ′ ″ launching ramp, as established by the ‘‘b’’ 36 18 20 N. 114 24 00 W. ‘‘c’’ 36°17′35″ N. 114°24′05″ W. Superintendent, Lake Mead Recreation ‘‘d’’ 36°17′40″ N. 114°24′27″ W. Area: ‘‘a’’ 35°52′30″ N. 114°39′35″ W. (g) Callville Bay, Nev. That portion of ‘‘b’’ 35°52′10″ N. 114°39′35″ W. Lake Mead inclosed by the shore and lines connecting the following points, (b) Katherine, Ariz. That portion of excluding a 200-foot-wide fairway, ex- Lake Mohave inclosed by the shore and tending southeasterly from the launch- a line connecting the following points, ing ramp, as established by the Super- excluding a 100-foot-wide fairway, ex- intendent, Lake Mead Recreation Area: tending westerly from the launching ‘‘a’’ 36°09′00″ N. 114°42′40″ W. ramp, as established by the Super- ‘‘b’’ 36°08′10″ N. 114°42′03″ W. intendent, Lake Mead Recreation Area: ‘‘c’’ 36°08′06″ N. 114°42′40″ W. ° ′ ″ ° ′ ″ ‘‘a’’ 35 13 33 N. 114 34 38 W. (h) Las Vegas Wash, Nev. That portion ‘‘b’’ 35°13′05″ N. 114°34′40″ W. of Lake Mead inclosed by the shore and (c) El Dorado Canyon, Nev. That por- a line connecting the following points, tion of Lake Mohave inclosed by the excluding a 200-foot-wide fairway, ex- shore and a line connecting the fol- tending easterly from the launching lowing points, excluding a 50-foot-wide ramp, as established by the Super- fairway, extending easterly from the intendent, Lake Mead Recreation Area: launching ramp, as established by the ‘‘a’’ 36°07′23″ N. 114°49′45″ W. Superintendent, Lake Mead Recreation ‘‘b’’ 36°06′29″ N. 114°49′45″ W. Area: (i) Hemenway Harbor, Nev. That por- ‘‘a’’ 35°42′37″ N. 114°42′21″ W. tion of Lake Mead inclosed by the ° ′ ″ ° ′ ″ ‘‘b’’ 35 42 08 N. 114 42 10 W. shore and lines connecting the fol- (d) Cottonwood Cove, Nev. That por- lowing points, excluding a 100-foot-wide tion of Lake Mohave inclosed by the fairway, extending easterly from the shore and a line connecting the fol- launching ramp at Boulder Beach and a lowing points, excluding a 200-foot-wide 600-foot-wide fairway, extending north- fairway extending northeasterly from easterly from the launching ramp at the launching ramp, as established by Hemenway Harbor, both as established the Superintendent Lake Mead Recre- by the Superintendent, Lake Mead ation Area: Recreation Area: ‘‘a’’ 35°29′46″ N. 114°40′55″ W. ‘‘a’’ 36°04′05″ N. 114°48′15″ W. ‘‘b’’ 35°29′33″ N. 114°40′45″ W. ‘‘b’’ 36°03′25″ N. 114°48′10″ W. ‘‘c’’ 36°01′20″ N. 114°45′15″ W. (e) Overton Beach, Nev.—(1) Area ‘‘A’’. That portion of Lake Mead inclosed by (j) Kingman Wash, Ariz. That portion the shore and lines connecting the fol- of Lake Mead inclosed by the shore and lowing points, excluding two 300-foot- a line connecting the following points, wide fairways, extending northwesterly excluding a 100-foot-wide fairway, ex- and southwesterly from the launching tending westerly from the launching ramps, as established by the Super- ramp, as established by the Super- intendent, Lake Mead Recreation Area: intendent, Lake Mead Recreation Area: ° ′ ″ ° ′ ″ ‘‘a’’ 36°02′34″ N. 114°42′50″ W. ‘‘a’’ 36 27 05 N. 114 21 48 W. ° ′ ″ ° ′ ″ ‘‘b’’ 36°27′15″ N. 114°21′20″ W. ‘‘b’’ 36 02 05 N. 114 43 05 W. ‘‘c’’ 36°26′32″ N. 114°20′45″ W. (k) Temple Bar, Ariz. That portion of ‘‘d’’ 36°25′49″ N. 114°20′50″ W. Lake Mead inclosed by the shore and ‘‘e’’ 36°25′00″ N. 114°21′27″ W. lines connecting the following points, ° ′ ″ ° ′ ″ ‘‘f’’ 36 25 19 N. 114 22 10 W. excluding a 200-foot-wide fairway, ex- (f) Echo Bay, Nev. That portion of tending southwesterly from the Lake Mead inclosed by the shore and launching ramp, as established by the

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Superintendent, Lake Mead Recreation (b) Bullfrog Basin, Utah. That portion Area: of Lake Powell inclosed by the shore ‘‘a’’ 36°02′21″ N. 114°19′29″ W. and a line connecting the following ‘‘b’’ 36°02′34″ N. 114°18′46″ W. points, excluding a 300-foot-wide fair- ‘‘c’’ 36°02′03″ N. 114°18′13″ W. way, extending southeasterly from the launching ramp, as established by the (l) Greggs, Ariz. That portion of Lake Superintendent, Glen Canyon National Mead inclosed by the shore and a line Recreation Area: connecting the following points, ex- ° ′ ″ ° ′ ″ cluding a 100-foot-wide fairway, extend- ‘‘a’’ 37 29 17 N. 110 42 28 W. ° ′ ″ ° ′ ″ ing northerly from the launching ramp, ‘‘b’’ 37 28 44 N. 110 43 40 W. as established by the Superintendent, (c) Halls Crossing, Utah. That portion Lake Mead Recreation Area: of Lake Powell inclosed by the shore ‘‘a’’ 36°00′35″ N. 114°13′49″ W. and a line connecting the following ‘‘b’’ 36°00′35″ N. 114°14′10″ W. points, excluding a 300-foot-wide fairway, extending northwesterly from the (m) Pierce Ferry, Ariz. That portion of launching ramp, as established by the Lake Mead inclosed by the shore and a Superintendent, Glen Canyon National line connecting the following points, Recreation Area: excluding a 100-foot-wide fairway, ex- ° ′ ″ ° ′ ″ tending easterly from the launching ‘‘a’’ 37 28 24 N. 110 42 57 W. ‘‘b’’ 37°28′00″ N. 110°43′21″ W. ramp, as established by the Super- ‘‘c’’ 37°27′46″ N. 110°43′16″ W. intendent, Lake Mead Recreation Area: ‘‘a’’ 36°08′42″ N. 113°59′24″ W. (d) Dangling Rope Canyon, Utah. That ‘‘b’’ 36°07′18″ N. 113°58′32″ W. portion of Dangling Rope Canyon, Lake Powell, enclosed by the shoreline and a (n) South Bay, Ariz. That portion of line connecting the following points, Lake Mead inclosed by the shore and a excluding a 200-foot-wide fairway, ex- line connecting the following points, tending southerly from the marina, as excluding one 100-foot wide fairway, ex- established by the Superintendent, tending westerly from the launching Glen Canyon National Recreation ramp, as established by the Super- Area: intendent, Lake Mead Recreation Area: ‘‘a’’ 37°06′48″ N. 111°05′00″ W. ‘‘a’’ 36°06′26″ N. 114°06′13″ W. ‘‘b’’ 37°07′15″ N. 111°05′03″ W. ‘‘b’’ 36°05′00″ N. 114°06′50″ W. ‘‘c’’ 37°07′19″ N. 111°04′49″ W. ‘‘c’’ 36°05′00″ N. 114°06′13″ W. ‘‘d’’ 37°08′08″ N. 111°04′00″ W. ° ′ ″ ° ′ ″ NOTE: Fixed moorings, piles, or stakes are ‘‘e’’ 37 07 30 N. 111 04 30 W. prohibited. Single and fore-and-aft tem- ‘‘f’’ 37°07′20″ N. 111°04′15″ W. porary moorings will be allowed. The anchor- (e) Wahweap, Arizona-Utah. That por- ing of vessels and the placing of temporary tion of Lake Powell inclosed by the moorings will be under the jurisdiction and at the discretion of the Superintendent, shore and a line connecting the fol- Lake Mead Recreation Area, National Park lowing points, excluding a 200-foot-wide Service. fairway, extending northeasterly from the northerly launching ramp and a [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69–36, 34 FR 6577, Apr. 17, 300-foot-wide fairway, extending eas- 1969; CGD 79–045, 44 FR 60091, Oct. 18, 1979] terly from the southerly launching ramp, as established by the Super- § 110.127a Lake Powell, Utah-Arizona. intendent, Glen Canyon National Recreation Area: (a) Castel Butte, Utah. That portion of Lake Powell inclosed by the shore and ‘‘a’’ 37°00′21″ N. 111°30′30″ W. ° ′ ″ ° ′ ″ a line connecting the following points, ‘‘b’’ 37 00 40 N. 111 30 00 W. ‘‘c’’ 36°59′10″ N. 111°28′48″ W. excluding a 300-foot-wide fairway ex- ‘‘d’’ 36°59′10″ N. 111°29′24″ W. tending in an east-west direction perpendicular to the launching ramp, as NOTE: Fixed moorings, piles, or stakes are established by the Superintendent, prohibited. Single and fore-and-aft tem- Glen Canyon National Recreation porary moorings will be allowed. The anchoring of vessels and the placing of temporary Area: moorings will be under the jurisdiction and ‘‘a’’ 37°43′45″ N. 110°27′00″ W. at the discretion of the Superintendent, Glen ‘‘b’’ 37°42′30″ N. 110°27′57″ W. Canyon National Recreation Area.

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(f) Hite, Utah. That portion of Lake (d) Lucerne Valley, Utah. That portion Powell enclosed by the shore and by of Flaming Gorge Lake inclosed by the lines connecting the following two sets shore and a line connecting the fol- of points, excluding a 200-foot-wide lowing points, excluding a 300-foot-wide fairway extending westerly from the fairway extending southeasterly from launching ramp on the far shore, as es- the launching ramp, as established by tablished by the Superintendent, Glen the Superintendent, Flaming Gorge Canyon National Recreation area: National Recreation Area: ‘‘a’’ 40°59′07″ N. 109°34′54″ W. EAST SHORE ‘‘b’’ 40°58′54″ N. 109°35′00″ W. ‘‘a’’ 37°51′40″ N. 110°23′45″ W. ‘‘b’’ 37°51′40″ N. 110°24′05″ W. NOTE: Fixed moorings, piles, or stakes are ‘‘c’’ 37°52′30″ N. 110°24′00″ W. prohibited. Single and fore-and-aft temporary moorings will be allowed. The anchor- ‘‘d’’ 37°52′30″ N. 110°23′35″ W. ing of vessels and the placing of temporary moorings will be under the jurisdiction and NORTH WASH at the discretion of the Superintendent, ‘‘a’’ 37°52′00″ N. 110°24′45″ W. Flaming Gorge National Recreation Area. ‘‘b’’ 37°52′40″ N. 110°24′45″ W. § 110.127c Trinidad Bay, Calif. [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 11–84–05, 49 FR 47603, Dec. 6, The waters of Trinidad Bay, begin- 1984] ning at the southernmost point of Trinidad Head at latitude 41°03′04″ N., § 110.127b Flaming Gorge Lake, Wyo- longitude 124°08′56″ W.; thence east to ming-Utah. Prisoner Rock at latitude 41°03′09″ N., (a) Buckboard Crossing, Wyo. That longitude 124°08′37″ W.; thence east to portion of Flaming Gorge Lake in- latitude 41°03′09″ N., longitude 124°08′19″ closed by the shore and a line con- W., thence north to latitude 41°03′26″ necting the following points, excluding N., longitude 124°08′21″ W.; thence fol- a 150-foot-wide fairway, extending lowing the shoreline to Trinidad Bay in southeasterly from the launching a westerly and southerly direction to ramp, as established by the Super- the point of beginning. intendent, Flaming Gorge National NOTE: The area will be principally for use Recreation Area: by sport and commercial fishing vessels. ‘‘a’’ 41°14′50″ N. 109°35′22″ W. Temporary floats and buoys for anchoring ‘‘b’’ 41°14′37″ N. 109°35′12″ W. will be allowed in the area. Fixed moorings, piles or stakes are prohibited. All moorings (b) Squaw Hollow, Wyo. That portion shall be placed so that no vessel when an- of Flaming Gorge Lake inclosed by the chored or moored shall at any time extend shore and a line connecting the fol- beyond the limits of the area. The anchoring lowing points, excluding a 100-foot-wide of all vessels and placing of all moorings will fairway, extending southeasterly from be under the supervision of the City of Trini- the launching ramp, as established by dad or such other authority as may be designated by the City Council of the City of the Superintendent, Flaming Gorge Trinidad, California. National Recreation Area: ‘‘a’’ 41°09′55″ N. 109°33′18″ W. [CGD 76–105, 42 FR 37811, July 25, 1977, as amended by CGD12 86–06, 51 FR 10198, Mar. ‘‘b’’ 41°09′48″ N. 109°33′20″ W. 25, 1986] (c) Antelope Flat, Utah. That portion of Flaming Gorge Lake inclosed by the § 110.128 Columbia River at Portland, shore and a line connecting the fol- Oreg. lowing points, excluding a 150-foot-wide The waters of the Columbia River be- fairway, extending southeasterly from tween Sand Island and Government Is- the launching ramp to a point beyond land, bounded on the west by pile dike the floating breakwater and then west- U.S. 5.75 and a line extending true erly, as established by the Super- north from the northerly end of the intendent, Flaming Gorge National dike to the south shore of Sand Island Recreation Area: and bounded on the east by a line bear- ‘‘a’’ 40°57′46″ N. 109°33′30″ W. ing 339°15′ true, from a point on Gov- ‘‘b’’ 40°57′37″ N. 109°33′37″ W. ernment Island at latitude 45°35′10″,

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longitude 122°32′41″, to the southerly 157°50′14″ W. longitude; thence along shore of Sand Island. the shoreline to the beginning point. (c) Keehi Lagoon. The waters of Keehi § 110.128b Island of Hawaii, Hawaii. Lagoon bounded by a line connecting (a) Hilo Bay. The waters of Hilo Bay the following points: enclosed by a line beginning at 21°19′35.0″ N 157°54′06.0″ W 19°43′55.5″ N. latitude, 155°03′30″ W. lon- 21°19′37.7″ N 157°53′58.0″ W gitude; thence to 19°44′08″ N. latitude, 21°19′06.4″ N 157°53′41.9″ W 155°04′19″ W. longitude; thence to 21°19′00.8″ N 157°53′44.1″ W 19°43′51″ N. latitude, 155°04′30″ W. lon- 21°18′59.9″ N 157°53′49.7″ W gitude; thence to 19°44′10″ N. latitude, 21°19′04.9″ N 157°53′50.0″ W 155°05′29″ W. longitude; thence along the shoreline to the beginning point. and thence to the point of beginning. (Datum: OHD) (d) Sans Souci Beach. The waters of (b) Kuhio Bay. The waters of Kuhio Sans Souci Beach enclosed by a line be- Bay enclosed by a line beginning at ginning at 21°15′49″ N. latitude, 19°44′13″ N. latitude, 155°03′25″ W. lon- 157°49′31″ W. longitude; thence to gitude; thence to 19°44′15″ N. latitude, 21°15′49.2″ N. latitude, 157°49′29″ W. lon- 155°03′25″ W. longitude; thence along gitude; thence to 21°15′56.2″ N. latitude, the shoreline to the beginning point. 157°49′31″ W. longitude; thence to (Datum: OHD) 21°15′56″ N. latitude, 157°49′33″ W. lon- [CGD 76–186, 42 FR 62001, Dec. 8, 1977, as gitude; thence to the beginning point. amended by CGD 96–026, 61 FR 33663, June 28, (e) Iroquois Point Lagoon. The waters 1996] of Iroquois Point Lagoon enclosed by a line beginning at 21°19′53″ N. latitude, § 110.128c Island of Kauai, Hawaii. 157°58′30″ W. longitude; thence to (a) Nawiliwili Bay. The waters of 21°19′56″ N. latitude, 157°58′31″ W. lon- Nawiliwili Bay enclosed by a line be- gitude; thence along the shoreline to ginning at 21°57′12.5″ N. latitude, the beginning point. ° ′ ″ 159 21 38 W. longitude; thence to (f) Hickam AFB Marina (1)a. The wa- ° ′ ″ ° ′ ″ 21 57 26 N. latitude, 159 21 39.5 W. lon- ters of Hickam AFB Marina enclosed gitude; thence along the shoreline to by a line beginning at 21°19′13″ N. lati- the beginning point. (Datum: OHD) tude, 157°57′40″ W. longitude; thence to (b) [Reserved] 21°18′45″ N. latitude, 157°57′40″ W. lon- [CGD 76–186, 42 FR 62001, Dec. 8, 1977, as gitude; thence to 21°18′45″ N. latitude, amended by CGD 96–026, 61 FR 33663, June 28, 157°57′28.5″ W. longitude; thence to 1996] 21°19′10″ N. latitude, 157°57′28.5″ W. longitude; thence along the shoreline to § 110.128d Island of Oahu, Hawaii. (Datum: OHD) the beginning point. (g) Hickam AFB Marina (2). The wa- (a) Kaneohe Bay (1). The waters of ters of Hickam AFB Marina enclosed Kaneohe Bay enclosed by a line begin- ° ′ ″ ning at 21°26′28″ N. latitude, 157°46′00″ by a line beginning at 21 19 11 N. lati- ° ′ ″ W. longitude; thence to 21°26′00″ N. latitude, 157 57 10 W. longitude; thence to ° ′ ″ ° ′ ″ tude, 157°46′14″ W. longitude; thence to 21 18 46.2 N. latitude, 157 57 20 W. lon- 21°26′20″ N. latitude, 157°47′24″ W. longitude; thence to 21°18′46.2″ N. latitude, gitude; thence to 21°27′00″ N. latitude, 157°57′05.2″ W. longitude; thence along 157°48′25″ W. longitude; thence to the shoreline to the beginning point. 21°26′46″ N. latitude, 157°48′37″ W. lon- (h) Aiea Bay. The waters of Aiea Bay gitude; thence along the shoreline to enclosed by a line beginning at 21°22′20″ the beginning point. N. latitude, 157°56′30″ W. longitude; (b) Kaneohe Bay (2). The waters of thence to 21°22′27″ N. latitude, Kaneohe Bay enclosed by a line begin- 157°56′40.5″ W. longitude; thence to ning at 21°27′28″ N. latitude, 157°49′08″ 21°22′30″ N. latitude, 157°56′40.5″ W. lon- W. longitude; thence to 21°28′10″ N. lati- gitude; thence to 21°22′37″ N. latitude, tude, 157°50′03″ W. longitude; thence to 157°56′22.5″ W. longitude; thence to 21°29′10″ N. latitude, 157°50′40″ W. longitude; thence to 21°30′46″ N. latitude,

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21°22′37″ N. latitude, 157°56′19″ W. lon- (2) These anchorage grounds are au- gitude; thence along the shoreline to thorized for use year round. the beginning point. (3) Temporary floats or buoys for [CGD 76–186, 42 FR 62001, Dec. 8, 1977, as marking anchors will be allowed in all amended at 43 FR 21881, May 22, 1978; CGD14– anchorage areas. 90–01, 56 FR 13762, Apr. 4, 1991] (4) Fixed moorings, piles or stakes are prohibited. § 110.129a Apra Harbor, Guam. (5) Any vessels anchored in this area (Datum: WGS 84) shall be capable of moving and when (a) The waters bounded by a line con- ordered to move by the Captain of the necting the following points: Port shall do so with reasonable 13°27′45.5″ N 144°39′34.8″ E promptness. ° ′ ″ ° ′ ″ 13 27 32.0 N 144 39 36.3 E (6) The anchoring of vessels is under and thence along the shoreline to the the coordination of the local point of beginning. Harbormaster. (b) The waters bounded by a line con- [CGD–01–02–027, 67 FR 68518, Nov. 12, 2002] necting the following points: 13°26′53.6″ N 144°40′03.8″ E § 110.131 Sheepscot River in the vicin- 13°27′04.0″ N 144°40′04.8″ E ity of Edgecomb, Maine. 13°27′04.0″ N 144°40′09.8″ E 13°27′10.0″ N 144°40′09.8″ E (a) Anchorage grounds. All of the wa- 13°27′10.0″ N 144°40′23.8″ E ters enclosed by a line starting from a 13°26′51.0″ N 144°40′23.8″ E point located at the southwestern end 13°26′51.0″ N 144°40′06.0″ E of Davis Island at latitude 43°59.655′ N., longitude 69°39.617′ W.; thence to lati- and thence to the point of beginning. tude 43°59.687′ N., longitude 69°39.691′ [CGD14–89–01, 55 FR 27465, July 3, 1990] W.; thence to latitude 43°59.847′ N., longitude 69°39.743′ W.; thence to latitude Subpart B—Anchorage Grounds 43°59.879′ N., longitude 69°39.559′ W.; thence to latitude 43°59.856′ N., lon- § 110.130 Bar Harbor, Maine. gitude 69°39.488′ W.; thence to latitude (a) Anchorage grounds. (1) Anchorage 43°59.771′ N., longitude 69°39.585′ W.; ‘‘A’’ is that portion of Frenchman Bay, thence to the point of beginning. Bar Harbor, ME enclosed by a rhumb DATUM: NAD 83 line connecting the following points: (b) Regulations. (1) This anchorage is

Latitude Longitude reserved for vessels of all types, with drafts of 3 to 12 feet. 44°23′43″ N ...... 068°12′00″ W; thence to (2) These anchorage grounds are au- 44°23′52″ N ...... 068°11′22″ W; thence to 44°23′23″ N ...... 068°10′59″ W; thence to thorized for use from May through Oc- 44°23′05″ N ...... 068°11′32″ W; returning to start. tober. (3) Vessels are limited to a maximum (2) Anchorage ‘‘B’’ is that portion of stay of 1 week. Frenchman Bay, Bar Harbor, ME en- (4) Fixed moorings, piles or stakes closed by a rhumb line connecting the are prohibited. following points: (5) Vessels must not anchor so as to Latitude Longitude obstruct the passage of other vessels proceeding to or from other anchorage 44°24′33″ N ...... 068°13′09″ W; thence to 44°24′42″ N ...... 068°11′47″ W; thence to copied spaces. 44°24′11″ N ...... 068°11′41″ W; thence to (6) Anchors must not be placed in the 44°24′02″ N ...... 068°13′03″ W; returning to start. channel and no portion of the hull or rigging of any anchored vessel shall ex- (b) Regulations. (1) Anchorage A is a tend outside the limits of the anchor- general anchorage ground reserved for age area. passenger vessels, small commercial (7) The anchorage of vessels is under vessels and pleasure craft. Anchorage B the coordination of the local is a general anchorage ground reserved Harbormaster. primarily for passenger vessels 200 feet and greater. [CGD01–07–011, 72 FR 70514, Dec. 12, 2007]

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§ 110.132 Rockland Harbor, Maine. § 110.133 Kennebec River in vicinity of Bath, Maine. (a) The anchorage grounds—(1) An- chorage A. Beginning at a point bearing (a) The anchorage grounds. Vessels 158°, 1,075 yards, from Rockland Break- may anchor only within the following water Light; thence 252°, 2,020 yards, to limits: a point bearing 224° from Rockland (1) Northward of a line bearing 54° Breakwater Light; thence 345°, 740 true and extending from a point on yards, to a point bearing 242° from Passmore’s wharf in prolongation with Rockland Breakwater Light; thence the north side of Commerce Street, 72°, 1,300 yards, to a point bearing 222° Bath, Maine, to a point on the shore in from Rockland Breakwater Light; and Woolwich, approximately 1,200 feet thence 120°, 1,000 yards, to the point of north of the Maine Central Railroad beginning. wharf. (2) Southward of a line drawn from (2) Anchorage B. Beginning at a point the derrick on the Bath Iron Works bearing 273°, 400 yards, from Rockland wharf to Sassanoa Point in Woolwich. Breakwater Light; thence 273°, 700 (b) The regulations. (1) Vessels in the yards, to a point bearing 273° from north anchorage shall be so anchored Rockland Breakwater Light; thence as to leave a clear fairway of 150 feet 349°, 850 yards, to a point bearing 305° channelward of the established harbor from Rockland Breakwater Light; lines at Bath, and a clear fairway 200 thence 89°, 700 yards, to a point bearing feet from the east or Woolwich shore, 328° from Rockland Breakwater Light; ° for the passage of steamers, tows, rafts, and thence 169 , 900 yards, to the point and other watercraft. of beginning. (2) The launching of vessels into the (b) The regulations. (1) Anchorages A waters between the anchorages or the and B are general anchorage grounds bringing up of such vessels by their an- reserved for merchant vessels, commer- chors will be permitted: Provided, That cial vessels or passenger vessels over 65 the vessels so launched shall be re- feet in length. Fixed moorings, piles or moved therefrom within 12 hours from stakes are prohibited. the time of anchorage. (2) A distance of approximately 500 yards shall be left between Anchorages [CGFR 67–46, 32 FR 17728, Dec. 12, 1967. Redes- ignated by CGD–01–02–027, 67 FR 68518, Nov. A and B for vessels entering or depart- 12, 2002] ing from the Port of Rockland. A distance of approximately 100 yards shall § 110.134 Portland Harbor, Maine. be left between Anchorage A and the (a) The anchorage grounds—(1) An- Special Anchorage Area for vessels en- chorage A (general). Beginning at lati- tering or departing facilities in the vi- tude 43°39′37″ N, longitude 070°14′35″ W; cinity of Atlantic Point. Any vessel an- thence approximately 090° for 1550 chored in these anchorages shall be ca- yards to Fort Gorges Island Ledge pable of moving and when ordered to Buoy 4; thence 350° for 300 yards; move by the Captain of the Port shall thence 025° for 780 yards; thence 303° for do so with reasonable promptness. 750 yards; thence 254° for 560 yards; (3) All other vessels within the Rock- thence 186° for 750 yards and thence to land Harbor area are prohibited from the point of beginning. anchoring within 300 yards or oper- (2) Anchorage B (general—primarily in- ating within 100 feet of any navy yard, tended for deep draft vessels). Beginning shipbuilding plant, power plant, oil ter- at Fort Gorges Island Ledge Buoy 4; minal, marine terminal, munitions thence 062° to Little Diamond Island; plant, military or naval arsenal or thence along the southwestern shore to depot, warehouse, or freight pier with- the pier on the southern end of Little out permission from the Captain of the Diamond Island; 133° for 1200 yards; 270° Port, Rockland, Maine, or his author- to House Island Light; thence along the ized representative. western shore of House Island to Fort ° [CGFR 67–46, 32 FR 17728, Dec. 12, 1967. Redes- Scammel Point Light; thence 325 for ignated by CGD–01–02–027, 67 FR 68518, Nov. 1700 yards to the point of beginning. 12, 2002; CGD–01–02–129, 68 FR 44888, July 31, (3) Anchorage C. Bounded on the 2003] northwest by House Island; on the

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north by a line running 90° from House (b) [Reserved] Island Light to Peak Island; on the [CGD1–90–064, 56 FR 12120, Mar. 22, 1991. Re- east by the western shore of Peak Is- designated by CGD–01–02–027, 67 FR 68518, land, by a line running 198° from the Nov. 12, 2002] westernmost point on Peak Island to Cushing Island, and by the shore of § 110.138 Boston Harbor, Mass. Cushing Island to its westernmost (a) The anchorage grounds—(1) Bird Is- point; and on the southwest by a line land Anchorage. Beginning at a point running from the westernmost point on bearing 93°, 1,400 yards, from the aerial Cushing Island to Fort Scammel Point beacon on top of the Boston Custom Light. House tower; thence to a point bearing ° (b) The regulations. (1) Anchorage B is 81 , 1,600 yards, from the aerial beacon intended for general purposes, but espe- on top of the Boston Custom House tower; thence to a point bearing 102°, cially for use by oil tankers and other 3,100 yards, from the aerial beacon on large deep-draft ships entering harbor top of the Boston Custom House tower; at night and intending to proceed to thence to a point bearing 109°, 3,050 the dock allotted at daylight the fol- yards, from the aerial beacon on top of lowing morning or as soon as prac- the Boston Custom House tower; and ticable. This area is also to be used for thence to the point of beginning. quarantine anchorage. Vessels must be (2) President Roads Anchorage—(i) 40- so anchored in this area as to leave at foot anchorage. Beginning at a point all times an open usable channel at bearing 237°, 522 yards from Deer Island least 100 feet wide for passage of ferry Light; thence to a point bearing 254°, and other boats between Portland, 2,280 yards from Deer Island Light; Peak Island, and Bay Points. Any ves- thence to a point bearing 261°, 2,290 sels anchored in this area shall be yards from Deer Island Light; thence ready to move on short notice when or- to a point bearing 278°, 2,438 yards from dered to do so by the Captain of the Deer Island Light; thence to a point Port. bearing 319°, 933 yards from Deer Island ° (2) Anchorage C is intended for use Light; thence to a point bearing 319 , only by small vessels and for tem- 666 yards from Deer Island Light; and porary anchorage. thence to point of beginning. (ii) 35-foot anchorage. Beginning at a ° [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as point bearing 256 , 2,603 yards from amended by CGD 83–1R, 48 FR 56578, Dec. 22, Deer Island Light; thence to a point 1983. Redesignated by CGD–01–02–027, 67 FR bearing 258°30′, 3,315 yards from Deer Is- 68518, Nov. 12, 2002] land Light; thence to a point bearing 264°, 3,967 yards from Deer Island Light; § 110.136 Lake Champlain, NY and VT. thence to a point bearing 261°, 2,290 yards from Deer Island Light; and (a) Burlington Harbor, Vt. (1) The wa- thence to point of beginning. ters bounded by a line connecting the (3) Long Island Anchorage. East of following points: Long Island, bounded as follows: Begin- 44°28′26.9″ N 73°13′31.9″ W ning at the southwesternmost point of 44°28′26.4″ N 73°13′25.6″ W Gallups Island; thence 270° to Long Is- 44°28′22.0″ N 73°13′24.6″ W land; thence southerly along the east- 44°28′12.0″ N 73°13′32.5″ W ern shore line of Long Island to Bass Point; thence to the northernmost and thence along the breakwater to the point of Rainsford Island; thence to point of the beginning. These positions Georges Island Gong Buoy 6; and have been converted to North Amer- thence to the point of beginning. ican Datum 83. (4) Castle Island Anchorage. Bounded (2) No vessel greater than 35 feet in on the north by Castle Island and adja- length may use this anchorage and no cent land; on the east by a line between vessel may remain at anchor longer Castle Rocks Fog Signal Light and Old than 7 days in any period unless spe- Harbor Shoal Buoy 2; on the southeast cifically permitted to do so by the City by a line between Old Harbor Shoal of Burlington, Harbormaster. Buoy 2 and Old Harbor Buoy 4; and on

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the west by a line running due north Anchorage C. West of a line parallel to from Old Harbor Buoy 4 to the shore and 850 feet westward from the centerline at City Point. line of Cleveland Ledge Channel; north (5) Explosives anchorage. In the lower of a line bearing 129° from the tower on harbor, bounded on the northeast by a Bird Island; east of a line bearing 25°30′ line between the northeast end of and passing through Bird Island Reef Peddocks Island and the northeast end Bell Buoy 13; and south of a line bear- of Rainsford Island; on the northwest ing 270° from Wings Neck Light. Each by Rainsford Island; on the southwest vessel must obtain permission to pro- by a line between the western extrem- ceed to Anchorage C from the U.S. ity of Rainsford Island and the west- Army Corps of Engineers Cape Cod ernmost point of Peddocks Island; and Canal Control traffic controller. on the southeast by Peddocks Island. (2) Anchorage D. Beginning at a point (b) The regulations. (1) The Captain of bearing 185°, 1,200 yards, from Hog Is- the Port may authorize the use of the land Channel 4 Light; thence 129° to a President Roads Anchorage as an ex- point bearing 209°, approximately 733 plosives anchorage when he finds that yards, from Wings Neck Light; thence the interests of commerce will be pro- 209° to Southwest Ledge Buoy 10; moted and that safety will not be prej- thence 199° along a line to its intersec- udiced thereby. Vessels anchored in tion with a line bearing 129° from the this area shall move promptly upon no- tower on Bird Island; thence 309° to a tification by the Captain of the Port. point 850 feet easterly, right angle dis- (2) In the Long Island Anchorage ves- tance, from the centerline of Cleveland sels shall anchor in the position des- Ledge Channel; thence northeasterly ignated by the Captain of the Port. along a line parallel to and 850 feet (3) Floats or buoys for marking an- eastward from the centerline of Cleve- chors or moorings in place will be al- land Ledge Channel to its intersection lowed in all areas. Fixed mooring piles with a line bearing 218° 30′ from the or stakes are prohibited. point of beginning; thence 38°30′ to the [CGFR 67–46, 32 FR 17728, Dec. 12, 1967. Redes- point of beginning. Each vessel must ignated by CGD–01–02–027, 67 FR 68518, Nov. obtain permission to proceed to An- 12, 2002] chorage D from the U.S. Army Corps of Engineers Cape Cod Canal Control traf- § 110.140 Buzzards Bay, Nantucket fic controller. Sound, and adjacent waters, Mass. (3) Anchorage L. The area of water (a) New Bedford Outer Harbor—(1) An- bounded by lines connecting the fol- chorage A. West of Sconticut Neck, and lowing points: 41°30′11″ N, 070°48′10″ W shoreward of a line described as fol- to 41°30′46″ N, 070°48′45″ W, to 41°32′24″ N, lows: Beginning at a point 100 yards 070°45′50″ W to 41°31′48″ N, 070°45′15″ W southwest of Fort Phoenix Point; and thence to start. thence 154° along a line which passes (4) Anchorage M—(west side). The 100 yards east of New Bedford Channel waters bounded by a line connecting Buoys 8, 6, and 4, to a point bearing ap- the following points: 41–35–35N/70–44– proximately 130°, 225 yards, from New 47W to 41–36–24N/70–45–53W to 41–35–00N/ Bedford Channel Buoy 4; thence 87°, 340 70–47–53W to 41–34–12N/70–46–47W and yards; thence 156° along a line approxi- thence to the beginning mately one mile to its intersection (5) Each vessel that anchors in these with a line ranging 87° from the cupola anchorages must notify the U.S. Army on Clarks Point; thence 87° to Corps of Engineers Cape Cod Canal Sconticut Neck. Control traffic controller when it an- (2) Anchorage B. All waters bounded chors, and provide the vessel’s name, by a line beginning at 41°36′42.3″ N, length, draft, cargo, and its position. 070°54′24.9″ W; thence to 41°36′55.5″ N, (6) Each vessel anchored in these an- 070°54′06.6″ W; thence to 41°36′13.6″ N, chorages must notify U.S. Army Corps 070°53′40.2″ W; thence to 41°36′11.1″ N, of Engineers Cape Cod Canal Control 070°54′07.6″ W; thence along the shore- traffic controller when it weighs an- line to the beginning point. chor. (b) Buzzards Bay near entrance to ap- (7) No vessel may anchor unless it proach channel to Cape Cod Canal—(1) maintains a bridge watch, guards and

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answers Channel 16 FM, and maintains (4) Anchorage H. In the vicinity of an accurate position plot. Squash Meadow shoal, east of a line (8) No vessel may anchor unless it ranging 163° through Squash Meadow maintains the capability to get under- West End Buoy 21; north of lines par- way within 30 minutes; except with allel to and 0.5 mile northerly from prior approval of the Coast Guard Cap- lines joining Lone Rock Buoy 1, Outer tain of the Port Southeastern New Flats Bell Buoy 17, and Cross Rip England. Lightship; and south of a line ranging (9) No vessel may anchor in a ‘‘dead 97° from East Chop Light toward Cross ship’’ status (propulsion or control un- Rip Lightship. available for normal operations) with- (5) Anchorage I. Northerly of a line out the prior approval of the Coast ranging 109° from Nobska Point Light Guard Captain of the Port South- toward Hedge Fence Lighted Horn and eastern New England. Gong Buoy 16, and of a line ranging ° ′ (10) No vessel may conduct lightering 97 30 through Hedge Fence East End operations within these anchorages. Buoy to Halfmoon Shoal Lighted Bell Buoy 12, thence 73° to Handkerchief (c) Vineyard and Nantucket Sounds— Shoal Buoy 16, and thence to the west- (1) Anchorage E. South of a line begin- ernmost point of Monomoy Island. ning at a point bearing 180° about 3.25 (6) Anchorage J. East of a line bearing miles from Cuttyhunk Light; thence 329°, parallel to and 0.875 mile north- 65° to a point bearing 180°, 0.625 mile easterly of a line running from Brant from Nashawena Lighted Whistle Buoy; ° ′ Point Light through Tuckernuck Shoal thence 57 30 passing 600 yards north- Bell Buoy 7, from Coatue Beach to a erly of Middle Ground Lighted Bell ° point 1.25 miles southeasterly from a Buoy 25A, to a point bearing 145 , 1.25 line between Halfmoon Shoal Lighted miles from Nobska Point Light; south- Bell Buoy 12 and Handkerchief Shoal ° west of a line ranging 113 through Buoy 16; thence 73°, parallel to and 1.25 West Chop Buoy 25 to East Chop Flats miles southeasterly from a line run- Bell Buoy 23; and west of a line bearing ning from Halfmoon Shoal Lighted Bell ° 163 between East Chop Flats Bell Buoy Buoy 12 through Handkerchief Shoal 23 and Lone Rock Buoy 1; and north- Buoy 16, to a point bearing 215° from ° erly of a line bearing 269 between Lone Stone Horse North End Lighted Bell Rock Buoy 1 and a point on the main- Buoy 9; thence 35° to Stone Horse land at Oak Bluffs about 0.30 mile North End Lighted Bell Buoy 9; thence southerly of Oak Bluffs Wharf. 70° to a point bearing 207° from Pollock (2) Anchorage F. Southeast of the Rip Lightship; and thence 27° through, Elizabeth Islands, north of a line rang- and to a point 5.0 miles northeasterly ing 97°30′ from Cuttyhunk Light toward from, Pollock Rip Lightship. Nashawena Lighted Whistle Buoy to a (7) Anchorage K. North of a line tan- point 0.375 mile from that buoy; north- gent to the southeasterly edge of west of a line bearing 57°30′ from the Monomoy Point and extending to last-named point to a point opposite Bearse Shoal North End Buoy 2A and the entrance to Woods Hole; and southwest of a line bearing 7° from Bearse west of a line from the shore of Shoal North End Buoy 2A to Chatham Nonamesset Island bearing 114° and Bar Buoy 2. ranging through West Chop Light and (d) The regulations. (1) Floats or East Chop Light. buoys for marking anchors or moorings (3) Anchorage G. South of a line be- in place will be allowed in all areas. ginning at a point on the mainland at Fixed mooring piles or stakes are pro- Oak Bluffs about 0.30 mile southerly of hibited. Oak Bluffs Wharf bearing 89° to Lone (2) Except in cases of great emer- Rock Buoy 1; thence 113° from Lone gency, no vessels shall be anchored in Rock Buoy 1 to Outer Flats Bell Buoy New Bedford Outer Harbor, Buzzards 17; thence 86° to Cross Rip Lightship; Bay near the entrance to the approach thence 118°30′ to Tuckernuck Shoal channel to Cape Cod Canal, or Vine- Bell Buoy 7; thence ranging 149° toward yard and Nantucket Sounds, outside of Brant Point Light to the breakwater at the anchorage areas defined in para- Brant Point. graphs (a) to (c) of this section.

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(3) Anchors must not be placed out- 41°16′55″, longitude 70°05′31″; thence side the anchorage areas, nor shall any northeasterly to latitude 41°17′07.5″, vessel be so anchored that any portion longitude 70°05′27″; thence northeast- of the hull or rigging will at any time erly to the point of beginning. extend outside the boundaries of the (b) The regulations. The anchorage is anchorage area. for the use of commercial and pleasure (4) Any vessel anchoring under the craft. Temporary floats or buoys for circumstances of great emergency out- marking anchors or moorings in place side any anchorage area must be placed will be allowed. Fixed mooring piles or near the edge of the channel and in stakes are prohibited. The anchoring of such position as not to interfere with vessels including the placing of anchors the free navigation of the channel, nor and moorings is subject to the super- obstruct the approach to any pier nor vision and approval of the local harbor impede the movement of any boat, and master. shall move away immediately after the emergency ceases or upon notification § 110.145 Narragansett Bay, R.I. by an officer of the Coast Guard. (a) East Passage—(1) Anchorage A. (5) A vessel upon being notified to East of Conanicut Island, beginning at move into the anchorage limits or to the easterly extremity of the Dump- shift its position in anchorage grounds lings; extending 9° to a point at lati- must get under way at once or signal tude 41°29′28″, longitude 71°21′05.5″; for a tug, and must change position as thence 356° for 5,350 feet; thence 24° for directed with reasonable promptness. 5,700 feet; thence 12° for 1,100 feet; (6) Whenever the maritime or com- thence 311°30′ for 2,300 feet; thence 351° mercial interests of the United States for 5,350 feet; thence 270° for 3,200 feet so require, any officer of the Coast to the easterly side of Conanicut Is- Guard is hereby empowered to shift the land; thence generally along the eas- position of any vessel anchored within terly side of the island to a point on the anchorage areas, of any vessel an- the easterly side of the island due west chored outside the anchorage areas, of the Dumplings; and thence due east and of any vessel which is so moored or to the point of beginning; excluding the anchored as to impede or obstruct ves- approach of the Jamestown Ferry, a sel movements in any channel. zone 900 feet wide to the southward of (7) Nothing in this section shall be a line ranging 103° from a point, 300 construed as relieving the owner or feet north of the existing ferry landing person in charge of any vessel from the toward the spire of Trinity Church, penalties of the law for obstructing Newport. navigation or for obstructing or inter- (i) That portion of the area to the fering with range lights, or for not northward of the approach of the complying with the navigation laws in Jamestown Ferry shall be restricted regard to lights, fog signals, or for oth- for the anchorage of vessels of the U.S. erwise violating the law. Navy. In that portion of the area to the southward of the approach of the [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1 90–125, 56 FR 22644, May 16, Jamestown Ferry, the requirements of 1991; 56 FR 40360, Aug. 14, 1991; CGD01–04–004, the Navy shall predominate. 70 FR 2355, Jan. 13, 2005; USCG–2006–25556, 72 (ii) Temporary floats or buoys for FR 36327, July 2, 2007; USCG–2010–1119, 76 FR marking anchors or moorings in place 35744, June 20, 2011] shall be allowed in this area. Fixed mooring piles or stakes will not be al- § 110.142 Nantucket Harbor, Mass. lowed. (a) The anchorage grounds. In the (2) Anchorage B. Off the west shore of Nantucket Harbor, beginning at a Aquidneck Island to north of point 210 yards, 90°, from Brant Point Coggeshall Point, northerly of a line Light; thence easterly to latitude ranging 075° from a point on the eas- 41°17′23″, longitude 70°05′14.5″; thence terly end of Gould Island, latitude southerly to latitude 41°17′03″, lon- 41°32′13″, longitude 71°20′40.5″, toward gitude 70°05′14.5″; thence southwesterly the shore of Aquidneck Island; east of a to latitude 41°16′54″, longitude 70°05′23″; line ranging 019° from the easternmost thence northwesterly to latitude of the Dumplings to latitude 41°36′16″,

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longitude 71°17′48″; thence northeast to (i) [Reserved] latitude 41°36′53″, longitude 71°17′07.5″; (ii) West of Coasters Harbor Island, thence east to latitude 41°36′53″, lon- west of a line bearing 351° from Tracey gitude 71°16′40″; thence southwesterly Ledge Buoy 5 through Seventeen-foot to latitude 41°35′54″, longitude Spot Buoy northeast of Gull Rocks; 71°17′17.5″; thence southeasterly to the south of a line bearing 292° from the cu- shore at the easterly end of the north pola at the Naval War College; east of boundary of the cable area in the vicin- a line ranging 19° from the easternmost ity of Coggeshall Point; excluding the of The Dumplings toward Dyer Island cable area in the vicinity of Coggeshall North Point Shoal Lighted Bell Buoy Point. 12A; and north of latitude 41°30′22″ (i) Anchorage B–1. Off the southerly which parallel passes through a point end of Prudence Island beginning at a 230 yards north of Rose Island Shoal point at latitude 41°34′08.9″, longitude Northeast End Buoy 8. 71°19′25.8″; thence 19° for 1,900 feet; (iii) In this area the requirements of thence 289° for 1,900 feet; thence 199° for the Navy shall predominate. 1,900 feet; thence 109° for 1,900 feet to (iv) Temporary floats or buoys for the point of beginning. marking anchors or moorings in place (a) In this area the requirements of will be allowed in this area. Fixed the Navy shall predominate. mooring piles or stakes will not be al- (b) Temporary floats or buoys for lowed. marking anchors or moorings in place (4) Anchorage D. West of Goat Island, will be allowed in this area. Fixed an area bounded by the following co- mooring piles or stakes will not be al- ordinates: lowed. Northeast Corner: 41°29.484′ N, (ii) Anchorage X–1, Naval explosives 071°19.975′ W and ammunition handling anchorage. Northwest Corner: 41°29.484′ N, The waters of Narragansett Bay north- 071°20.578′ W easterly of Gould Island within a circle Southwest Corner: 41°29.005′ N, having a radius of 500 yards with its 071°20.578′ W center at latitude 41°33′18″, longitude Southeast Corner: 41°29.005′ N, 71°20′03″. 071°19.975′ W (a) This area will be used for anchor- (i) In this area the requirements of ing naval vessels carrying or transfer- the Navy shall predominate from May 1 ring ammunition or explosives under to October 1, subject at all times to standard military restrictions as estab- such adjustments as may be necessary lished by the Safety Manual, Armed to accommodate all classes of vessels Services Explosive Board. Explosives which may require anchorage room. or dangerous materials include inflam- (ii) Temporary floats or buoys for mable liquid or inflammable solids, marking anchors or moorings in place oxidizing materials, corrosive liquids, will be allowed in this area. Fixed compressed gases and poisonous sub- mooring piles or stakes will not be al- stances. lowed. (b) No vessel shall anchor within 500 (iii) Should any part of an anchored yards of the explosive anchorage area vessel extend into the recommended when occupied by vessels carrying ex- vessel route in the East Passage of plosives. Narragansett Bay, a securite call noti- (c) No more than 2,000 tons Net High fying mariners of the vessel’s exact po- Explosives limit will be handled in the sition and status shall be made at least anchorage area. hourly on VHF channels 13 and 16. (d) No vessel shall be so anchored in (iv) As much as practicable vessels the anchorage that it will at any time anchoring will do so in the following extend beyond the limits of the area. order: (e) Naval vessels anchoring in the (A) Primary anchoring point: 41°29.25′ area will display the proper signals, N, 071°20.15′ W and will be under the supervision of the (B) Secondary anchoring point: Commander, U.S. Naval Base, Newport, 41°29.38′ N, 071°20.45′ W Rhode Island. (C) Tertiary anchoring point: 41°29.15′ (3) Anchorage C. N, 071°20.50′ W

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Note to paragraph (a): ‘‘Anchoring point’’ 108° toward Dutch Island Light and the is the intended position of the anchor at rest north end of the wharf at Beaver Head. on the bottom of the anchorage. All coordi- (i) Temporary floats or buoys for nates referenced use datum: NAD 83. marking anchors or moorings in place (5) Anchorage E. South of Coasters will be allowed in this area. Fixed Harbor Island, east of a line bearing mooring piles or stakes will not be al- 341° from the outer end of Briggs Wharf lowed. to the southwestern shore of Coasters Harbor Island near the War College (4) Anchorage K. In the central and Building; and north of a line ranging southern portion of Dutch Island Har- ° 265° from the flagstaff at Fort Greene bor, north of a line ranging 106 from toward Rose Island Light. Beaver Head Point Shoal Buoy 2 to- (i) In this area the requirements of ward the Jamestown standpipe; east of ° the naval service will predominate a line ranging 14 from Beaver Head from May 1 to October 1, but will at all Point Shoal Buoy 2 toward the inshore times be subject to such adjustment as end of the engineer wharf, Dutch Is- ° may be necessary to accommodate all land; southeast of a line ranging 50 classes of vessels that may require an- from Dutch Island Light toward the chorage room. windmill north of Jamestown; and (ii) Temporary floats or buoys for south of a line parallel to and 100 yards ° marking anchors or moorings in place southwesterly from a line ranging 132 will be allowed in this area. Fixed from the engineer wharf, Dutch Island, mooring piles or stakes will not be al- and the west ferry wharf, Jamestown. lowed. (i) Temporary floats or buoys for (b) West Passage—(1) Anchorage H. marking anchors or moorings in place North of a line 1,000 yards long bearing will be allowed in this area. Fixed 88° from Bonnet Point; west of a line mooring piles or stakes will not be al- bearing 3° from the eastern end of the lowed. last-described line; and south of a line (5) Anchorage L. North of a line rang- ranging 302° through a point 200 yards ing 101° from a point on shore 300 yards south of the Kearny wharf toward the northerly of the Saunderstown ferry church spire at South Ferry, Boston wharf toward the entrance to Round Neck. Swamp, Conanicut Island; west of a (i) Temporary floats or buoys for line bearing 15° parallel to and 1,000 marking anchors or moorings in place feet westerly from a line joining the will be allowed in this area. Fixed western point of Dutch Island and mooring piles or stakes will not be al- Twenty-three Foot Rock Buoy 4, and a lowed. line ranging 6° from Dutch Island Light (2) Anchorage I. North of a line 1,000 toward Warwick Light; and south of a yards long bearing 88° from Bonnet line ranging 290° from Sand Point, Point to the shore at Austin Hollow; Conanicut Island, to Wickford Harbor east of a line bearing 183° from Dutch Light, and a line bearing 226° from Island Light; and south of a line rang- Wickford Harbor Light to Poplar Point ing 302° through a point 200 yards south tower. of the Kearny wharf toward the church (i) Temporary floats or buoys for spire at South Ferry, Boston Neck. marking anchors or moorings in place (i) Temporary floats or buoys for will be allowed in this area. Fixed marking anchors or moorings in place mooring piles or stakes will not be al- will be allowed in this area. Fixed lowed. mooring piles or stakes will not be al- (6) Anchorage M. East and north of lowed. Dutch Island, northeast of a line rang- (3) Anchorage J. At Saunderstown, ing 316° from the inshore end of the south of a line ranging 110° from the west ferry wharf, Jamestown, toward south side of the ferry wharf toward the north end of Dutch Island to a the cable crossing sign on Dutch Is- point bearing 88°, 200 yards, from the land; west of a line ranging 192° from engineer wharf, Dutch Island, thence Plum Beach Shoal Buoy 1 PB toward ranging 3° toward the shore of the east shore of The Bonnet; and Conanicut Island at Slocum Ledge; north of a line from the shore ranging north of a line 200 yards off the Dutch

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Island shore ranging 281° from the en- (3) Any vessel anchoring under the trance to Round Swamp toward a point circumstances of great emergency out- on shore 300 yards northerly from the side the anchorage areas must be Saunderstown ferry wharf; east of a placed near the edge of the channel and line ranging 15° from the western point in such position as not to interfere of Dutch Island to Twenty-three Foot with the free navigation of the chan- Rock Buoy 4; and south of a line bear- nel, nor obstruct the approach to any ing 77° from Twenty-three Foot Rock pier, nor impede the movement of any Buoy 4 to the shore. boat, and shall move away imme- (i) Temporary floats or buoys for diately after the emergency ceases, or marking anchors or moorings in place upon notification by an officer of the will be allowed in this area. Fixed Coast Guard. mooring piles or stakes will not be al- (4) A vessel upon being notified to lowed. move into the anchorage limits or to (7) Anchorage N. West of the north shift its position on anchorage grounds end of Conanicut Island, south of a line must get under way at once or signal bearing 262° from Conanicut Island for a tug, and must change position as Light; east of a line bearing 8° from directed with reasonable promptness. Twenty-three Foot Rock Buoy 4; and (5) Whenever the maritime or com- north of a line ranging 290° from Sand mercial interests of the United States Point toward Wickford Harbor Light. so require, any officer of the Coast (i) Temporary floats or buoys for Guard is hereby empowered to shift the marking anchors or moorings in place position of any vessel anchored within will be allowed in this area. Fixed the anchorage areas, of any vessel an- mooring piles or stakes will not be al- chored outside the anchorage areas, lowed. and of any vessel which is so moored or (c) Bristol Harbor—(1) Anchorage O. anchored as to impede or obstruct ves- South of the south line of Franklin sel movements in any channel. Street extended westerly; west of a line (6) Nothing in this section shall be bearing 164°30′ parallel to and 400 feet construed as relieving the owner or westerly from the State harbor line be- person in charge of any vessel from the tween Franklin and Constitution penalties of the law for obstructing Streets, and of a line ranging 244° from navigation or for obstructing or inter- a point on the north line of Constitu- fering with range lights, or for not tion Street extended 400 feet beyond complying with the navigation laws in the State harbor line toward Usher regard to lights, fog signals, or for oth- Rock Buoy 3; and north of the north erwise violating the law. line of Union Street extended to the Popasquash Neck shore. [CGFR 67–46, 32 FR 17728, Dec. 12, 1967] (i) Temporary floats or buoys for EDITORIAL NOTE: For FEDERAL REGISTER ci- marking anchors or moorings in place tations affecting § 110.145, see the List of CFR will be allowed in this area. Fixed Sections Affected, which appears in the mooring piles or stakes will not be al- Finding Aids section of the printed volume and at www.fdsys.gov. lowed. (d) The regulations. (1) Except in cases § 110.146 Long Island Sound. of great emergency, no vessel shall be anchored in the entrances to Narragan- (a) Anchorage grounds. sett Bay, in Newport Harbor, or in (1) Bridgeport Anchorage Ground. That Bristol Harbor, outside of the anchor- portion of Long Island Sound enclosed age areas defined in paragraphs (a), (b) by a line connecting the following and (c) of this section. points: (2) Anchors must not be placed out- Latitude Longitude side the anchorage areas, nor shall any vessel be so anchored that any portion 41°04′52″ N ...... 73°14′04″ W; thence to 41°03′45″ N ...... 73°14′04″ W; thence to of the hull or rigging shall at any time 41°03′45″ N ...... 73°11′39″ W; thence to extend outside the boundaries of the 41°02′50″ N ...... 73°12′08″ W; thence to anchorage area. However, Anchorage D 41°02′50″ N ...... 73°16′18″ W; thence to (paragraph (a)(4) of this section) is ex- 41°04′52″ N ...... 73°16′18″ W; returning to empt from this requirement. point of origin.

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(2) New Haven North Anchorage by a line connecting the following Ground. That portion of Long Island points: Sound enclosed by a line connecting the following points: Latitude Longitude 41°03′00″ N ...... 072°42′00″ W; thence to Latitude Longitude 41°04′00″ N ...... 072°36′00″ W; thence to 41°12′18″ N ...... 72°52′36″ W; thence to 41°02′00″ N ...... 072°35′24″ W; thence to 41°12′18″ N ...... 72°49′36″ W; thence to 41°01′24″ N ...... 072°41′24″ W; returning to 41°10′12″ N ...... 72°48′18″ W; thence to point of origin. 41°10′12″ N ...... 72°52′12″ W; thence to 41°11′06″ N ...... 72°53′06″ W; returning to (8) All coordinates referenced use point of origin. datum: NAD 83. (3) New Haven South Anchorage (b) General regulations. Ground. That portion of Long Island (1) These anchorages are designated Sound enclosed by a line connecting for general purposes, but are intended the following points: primarily for use by commercial vessels of 300 gross tons and greater and Latitude Longitude all tank vessels including tank barges. 41°09′30″ N ...... 72°47′48″ W; thence to Except in emergencies, commercial 41°08′36″ N ...... 72°47′24″ W; thence to vessels of 300 gross tons and greater 41°08′36″ N ...... 72°51′24″ W; thence to and all tank vessels, including tank 41°09′30″ N ...... 72°51′24″ W; returning to point of origin. barges, anchoring in the Captain of the Port Long Island Sound Zone inside (4) New London Anchorage Ground. the line of demarcation shall anchor in That portion of Long Island Sound en- the anchorage grounds described above. closed by a line connecting the fol- (2) Prior to anchoring in the anchor- lowing points: age area, all vessels shall notify the Coast Guard Captain of the Port via Latitude Longitude VHF–FM Channel 16. 41°14′11″ N ...... 072°15′38″ W; thence to (3) In anchorages where lightering 41°15′05″ N ...... 072°16′02″ W; thence to and bunkering operations are author- ° ′ ″ ° ′ ″ 41 15 39 N ...... 072 13 21 W; thence to ized, the Captain of the Port must be 41°14′45″ N ...... 072°12′57″ W; returning to point of origin. notified at least four hours in advance of a vessel conducting lightering or (5) Northport Anchorage Ground. That bunkering operations, as required by portion of Long Island Sound enclosed 156.118 of this title. In addition, all by a line connecting the following lightering and bunkering operations points: must be done in accordance with 156.120 of this title. Latitude Longitude (4) Within an anchorage, navigation 40°58′48″ N ...... 073°16′30″ W; thence to is prohibited within 500 yards of an an- 40°57′42″ N ...... 073°11′42″ W; thence to chored vessel that is conducting bun- 40°56′30″ N ...... 073°13′30″ W; thence to 40°57′36″ N ...... 073°18′12″ W; returning to kering or lightering operations. In ac- point of origin. cordance with the ‘‘Regulated Naviga- tion Area: Long Island Sound Marine (6) Port Jefferson Anchorage Ground. Inspection and Captain of the Port That portion of Long Island Sound en- Zone,’’ 33 CFR 165.153(d)(7), navigation closed by a line connecting the fol- also is prohibited within 100 yards of a lowing points: vessel engaged in commercial service. (5) Any vessel conducting lightering Latitude Longitude or bunkering operations shall display 41°01′48″ N ...... 073°04′54″ W; thence to by day a red flag at its mast head or at 41°01′48″ N ...... 073°00′00″ W; thence to least 10 feet above the upper deck if the 41°00′18″ N ...... 073°00′00″ W; thence to 41°00′18″ N ...... 073°04′54″ W; returning to vessel has no mast, and by night the point of origin. flag must be illuminated by spotlight. These signals shall be in addition to (7) Riverhead Anchorage Ground. That day signals, lights, and whistle signals portion of Long Island Sound enclosed required by rules 30 (33 U.S.C. 2030) and

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35 (33 U.S.C. 2035) of the Inland Naviga- other times as deemed necessary in the tion Rules when at anchor in a general interest of port safety and security. anchorage area. (13) Any vessel anchored in these (6) Except as otherwise provided, a grounds must be capable of getting un- vessel may not occupy an anchorage derway if ordered by the Captain of the for more than 30 days, unless the vessel Port and must be able to do so within obtains written permission from the two (2) hours of notification by the Captain of the Port. Captain of the Port. If a vessel will not (7) If a request is made for the long- be able to get underway within two (2) term lay up of a vessel, the Captain of hours of notification, permission must the Port may establish special condi- be requested from the Captain of the tions with which the vessel must com- Port to remain in the anchorage. No ply in order for such a request to be ap- vessel shall anchor in a ‘‘dead ship’’ status (propulsion or control unavail- proved. able for normal operations) without (8) The Captain of the Port may pre- prior approval of the Captain of the scribe specific conditions for vessels Port. anchoring within the anchorage (14) Fixed moorings, piles or stakes grounds described in this section, pur- are prohibited. suant to 33 CFR 109.05. These conditions may include, but are not limited [USCG–2008–0171, 75 FR 76277, Dec. 8, 2010] to: The number and location of an- § 110.147 New London Harbor, Conn. chors; scope of chain; readiness of the engineering plant and equipment; use (a) The anchorage grounds—(1) An- of tugs; and requirements for maintain- chorage A. In the Thames River east of ing communication guards on selected Shaw Cove, bounded by lines con- radio frequencies. necting points which are the following (9) No vessel in such condition that it bearings and distances from Monu- ° ′ ″ is likely to sink or otherwise become a ment, Groton (latitude 41 21 18 N., lon- ° ′ ″ ° menace or obstruction to navigation or gitude 72 04 48 W.): 243 , 1,400 yards; 246°, 925 yards; 217°, 1,380 yards; and anchorage of other vessels shall occupy 235°, 1,450 yards. an anchorage, except in cases where (2) Anchorage B. In the Thames River unforeseen circumstances create condi- southward of New London, bounded by tions of imminent peril to personnel, lines connecting points which are the and then only for such period as may following bearings and distances from be authorized by the Captain of the New London Harbor Light (latitude Port. 41°18′59″ N., longitude 72°05′25″ W.): 002°, (10) All vessels anchored within the 2,460 yards; 009°, 2,480 yards; 026°, 1,175 designated anchorage grounds shall yards; and 008°, 1,075 yards. comply with the regulations found in (3) Anchorage C. In the Thames River 33 CFR 164.19 and shall maintain a con- southward of New London Harbor, tinuous bridge watch by a licensed bounded by lines connecting a point deck officer proficient in English, mon- bearing 100°, 450 yards from New Lon- itoring VHF–FM Channel 16. This indi- don Harbor Light, a point bearing 270°, vidual shall confirm that the ship’s 575 yards from New London Ledge crew performs frequent checks of the Light (latitude 41°18′21″ N., longitude vessel’s position to ensure the vessel is 72°04′41″ W.), and a point bearing 270°, not dragging anchor. A second VHF– 1,450 yards from New London Ledge FM radio monitoring Channel 13 is Light. strongly recommended. (4) Anchorage D. In Long Island (11) Anchors shall be placed well Sound approximately two miles west- within the anchorage grounds so that southwest of New London Ledge Light, no portion of the hull or rigging will at bounded by lines connecting points any time extend outside of the anchor- which are the following bearings and age area. distances from New London Ledge (12) The Coast Guard Captain of the Light: 246°, 2.6 miles; 247°, 2.1 miles; Port may close the anchorage area and 233°, 2.1 miles; and 235°, 2.6 miles. direct vessels to depart the anchorage (5) Anchorage E. The waters at the during periods of adverse weather or at mouth of New London Harbor one mile

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southeast of New London Ledge Light (b) The regulations. The anchorage is beginning at latitude 41°17′26″ N., lon- for use by commercial and pleasure gitude 72°04′21″ W.; thence northeast- craft. Temporary floats or buoys for erly to latitude 41°17′38″ N., longitude marking anchors or moorings will be 72°03′54″ W.; thence southeasterly to allowed. The anchoring of vessels and latitude 41°16′50″ N., longitude 72°03′16″ placing of temporary anchors or moor- W.; and thence southwesterly to lati- ing piles are under the jurisdiction of tude 41°16′38″ N. longitude 72°03′43″ W.; the local harbor master. Fixed mooring and thence northwesterly to the point piles or stakes will not be allowed. of beginning. (6) Anchorage F. The waters off the § 110.150 Block Island Sound, N.Y. mouth of New London Harbor two (a) The anchorage ground. A 3⁄4- by 2- miles southeast of New London Ledge mile rectangular area approximately 3 Light beginning at latitude 41°16′00″ N., miles east-northeast of Gardiners Is- longitude 72°03′13″ W.; thence westerly land with the following coordinates: to latitude 41°16′00″ N., longitude latitude 41°06′12″ N., longitude 72°00′05″ 72°03′38″ W.; thence northerly to lati- W., latitude 41°07′40″ N., longitude tude 41°16′35″ N., longitude 72°03′38″ W.; 72°01′54″ W.; latitude 41°08′12″ N., lon- thence easterly to latitude 41°16′35″ N., gitude 72°01′10″ W.; latitude 41°06′46″ N., longitude 72°03′13″ W.; and thence longitude 71°59′18″ W. southerly to the point of beginning. (b) The regulations. This anchorage (b) The regulations—(1) Anchorage A ground is for use of U.S. Navy sub- is for barges and small vessels drawing marines. No vessel or person may ap- less than 12 feet. proach or remain within 500 yards of a (2) Anchorage F is reserved for the U.S. Navy submarine anchored in this use of naval vessels and, except in anchorage ground. cases of emergency, no other vessel [CGFR 70–114A, 36 FR 5604, Mar. 25, 1971] may anchor in Anchorage F without permission from the Captain of the § 110.155 Port of New York. Port, New London, CT. (a) Long Island Sound—(1) Anchorage (3) Except in emergencies, vessels No. 1. Southwest of a line between Nep- shall not anchor in New London Harbor tune Island and Glen Island ranging or the approaches thereto outside the from Aunt Phebe Rock Light and tan- anchorages defined in paragraph (a) of gent to the north edge of Glen Island; this section unless authorized to do so southwest of a line tangent to the by the Captain of the Port. northeast edge of Glen Island and [CGD3–80–4A, 46 FR 48193, Oct. 1, 1981, as Goose Island breakwater; southwest of amended by CGD3 85–56, 51 FR 32318, Sept. 11, a line bearing southeasterly from the 1986] southwest end of Goose Island breakwater and on range with the south § 110.148 Johnsons River at Bridge- gable of the Casino on the northeast port, Conn. end of Glen Island; west of a line rang- (a) The anchorage grounds. In John- ing from the east edge of Goose Island sons River, beginning at a point ‘‘A’’ breakwater to the west edge of the latitude 41°10′12.3″, longitude 73°09′50.2″; north end of Hart Island; west of Hart thence westerly to a point ‘‘B’’ latitude Island; and northwest of a line extend- 41°10′12.3″, longitude 73°09′52.1″; thence ing from Hart Island Light to Locust southwesterly to point ‘‘C’’ latitude Point; excluding from this area, how- 41°10′10″, longitude 73°09′54.9″; thence ever, (i) the waters northeast of a line south southwesterly to point ‘‘D’’ lati- ranging 303° from the southwest end of tude 41°10′05″, longitude 73°09′56.1″; Hart Island; northwest of a line rang- thence southeasterly to point ‘‘E’’ lati- ing from the water tank at the north tude 41°10′04″, longitude 73°09′55.9″; end of Davids Island 207°40′ to the thence northeasterly to point ‘‘F’’ lati- northwest end of City Island; and south tude 41°10′05″, longitude 73°09′54.5″; of latitude 40°52′12″; and (ii) the waters thence northerly to point ‘‘G’’ latitude west of Hunter Island; and south of a 41°10′05.8″, longitude 73°09′54.5″; thence line ranging from the most southerly northeasterly to the point of begin- end of Glen Island tangent to the most ning. northerly end of Hunter Island.

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(i) Boats shall not anchor in this area NOTE: Special anchorage areas in this an- in buoyed channels. chorage are described in § 110.60. (ii) Boats shall be so anchored as to (7) Anchorage No. 5. In Little Neck leave at all times an open, usable chan- Bay; and east of a line ranging from nel, at least 50 feet wide, west and Fort Totten flagpole to Hart Island south of Glen Island. Light; and south of Anchorage No. 4.

NOTE: Special anchorage areas in this an- NOTE: Special anchorage areas in this anchorage are described in § 110.60. chorage are described in § 110.60. (2) Anchorage No. 1–A. Southwest of a (b) East River—(1) Anchorage No. 6. On line ranging from Duck Point, Echo Hammond Flats north of a line bearing Bay, through Bailey Rock Lighted 260° from the head of the pier on Buoy 3 BR; northwest of a line ranging Throgs Neck at the foot of Pennyfield from Hicks Ledge Buoy 2H to Old Tom Avenue to the north tower of Bronx- Head Rocks Buoy 4; and north of a line Whitestone Bridge at Old Ferry Point. ranging from Old Tom Head Rocks (2) Anchorage No. 7. South of a line Buoy 4 to the southernmost point of from Whitestone Point to the outer end Davenport Neck. of Willets Point Wharf. (3) Anchorage No. 8. North of a line NOTE TO PARAGRAPH (a)(2): The special an- bearing 259° between the north tower of chorage area in this anchorage is described in § 110.60. the Bronx-Whitestone Bridge at Old Ferry Point and a point at latitude (3) Anchorage No. 1–B. West of a line 40°47′57″, longitude 73°52′16″; thence east ranging from the point on the south- of a line bearing 0° to latitude 40°48′06″; west side of the entrance to Horseshoe thence southeast of a line parallel to Harbor, Larchmont, to Hicks Ledge the bulkhead extending northeasterly Buoy 2H; north of a line ranging from to latitude 40°48′20″; thence north of a Hicks Ledge Buoy 2H to Duck Point; line bearing 296° to shore. and in Echo Bay north and west of the (4) Anchorage No. 9. East of a line channel. from College Point Reef Light tangent to the west side of College Point; and NOTE TO PARAGRAPH (a)(3): The special anchorage area in this anchorage is described south of a line from College Point Reef in § 110.60. Light to Whitestone Point. (5) Anchorage No. 10. An area in (4) Anchorage No. 2. West of a line Flushing Bay, beginning at a point on from Locust Point tangent to the shore at La Guardia Airport at latitude northeasterly sea wall at Throgs Neck. 40°46′49″, longitude 73°52′21″; thence to ° ′ ″ ° ′ ″ NOTE: Special anchorage areas in this an- latitude 40 47 20 , longitude 73 51 55 ; chorage are described in § 110.60. and thence to a point on shore at Col- lege Point at latitude 40°47′38″, lon- (5) Anchorage No. 3. Northeast of a gitude 73°51′15″; and an area on the west line from the south side of Barker side of Bowery Bay, beginning at a Point to Gangway Rock Bell Buoy 27; point on shore at latitude 40°46′58″, lon- southeast of a line from Gangway Rock gitude 73°53′46″; thence to latitude Bell Buoy 27 to Sands Point Reef 40°47′03″, longitude 73°53′39″; thence to Lighted Buoy 25; and southwest of a latitude 40°47′00″, longitude 73°53′31″; line from Sands Point Reef Lighted thence to latitude 40°46′55″, longitude Buoy 25 through Sands Point Light to 73°53′32″; and thence to a point on shore Sands Point. at latitude 40°46′49″, longitude 73°53′39″. (6) Anchorage No. 4. Manhassett Bay, excluding the seaplane restricted area NOTE: Special anchorage areas in this an- described in § 207.35; and that portion of chorage are described in § 110.60. Long Island Sound northeast of a line (6) Anchorage No. 11. An area in East ranging from Stepping Stones Light River beginning at a point on a through Elm Point Buoy 2 to Elm pierhead at latitude 40°47′55″, longitude Point; southeast of a line ranging from 73°53′19.5″; thence to latitude 40°47′40″, Stepping Stones Light to Gangway longitude 73°51′58″; and thence to a Rock Bell Buoy 27; and southwest of point on shore at latitude 40°47′16″, lon- Anchorage No. 3. gitude 73°52′15″.

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(7) [Reserved] (5) Anchorages No. 19 East and 19 (8) Anchorage No. 14. In Hallets Cove, West. east of a line from a point on shore 100 (i) Anchorage No. 19 East. All waters feet west of the southerly prolongation of the Hudson River bound by the fol- of 2d Street, Astoria, to Gibbs Point. lowing points: 40°49′42.6″ N, 073°57′14.7″ (c) Hudson River—(1) Anchorage No. W; thence to 40°49′45.9″ N, 073°57′22.0″ W; 16. North of a line on a range with the thence to 40°49′52.0″ N, 073°57′22.0″ W; north side of the north pier of the thence to 40°50′08.3″ N, 073°57′10.8″ W; Union Dry Dock and Repair Company thence to 40°50′55.4″ N, 073°56′59.7″ W; Shipyard, Edgewater, New Jersey; west thence to 40°51′02.5″ N, 073°56′57.4″ W; of a line ranging 25° from a point 120 thence to 40°51′00.8″ N, 073°56′49.4″ W; yards east of the east end of said pier thence along the shoreline to the point to a point (500 yards from the shore and of origin. 915 yards from the Fort Lee flagpole) (ii) Anchorage No. 19 West. All wa- on a line ranging approximately 100°22′ ters of the Hudson River bound by the from the Fort Lee flagpole toward the following points: 40°46′56.3″ N, square chimney on the Medical Center 073°59′42.2″ W; thence to 40°47′36.9″ N, Building at 168th Street, Manhattan; 073°59′11.7″ W; thence to 40°49′31.3″ N, and south of said line ranging between 073°57′43.8″ W; thence to 40°49′40.2″ N, the Fort Lee flagpole and the square 073°57′37.6″ W; thence to 40°49′52.4″ N, chimney on the Medical Center Build- 073°57′37.6″ W; thence to 40°49′57.7″ N, ing. 073°57′47.3″ W; thence to 40°49′32.2″ N, (i) When the use of Anchorage No. 16 073°58′12.9″ W; thence to 40°49′00.7″ N, is required by naval vessels, the vessels 073°58′33.1″ W; thence to 40°48′28.7″ N, anchored therein shall move when the 073°58′53.8″ W; thence to 40°47′38.2″ N, Captain of the Port directs them. 073°59′31.2″ W; thence to 40°47′02.7″ N, (2) Anchorage No. 17. North of a line 073°59′57.4″ W; thence to the point of or- bearing 66° from shore to a point at igin. latitude 40°51′34″, longitude 73°56′54″; (iii) The following regulations apply thence west of a line bearing 29° to lati- to 33 CFR 110.155(c)(5)(i) and (ii): tude 40°52′27″, longitude 73°56′16″; thence (A) No vessel may conduct lightering 20° to latitude 40°54′17″, longitude operations in these anchorage grounds 73°55′23″; thence 15° to latitude 40°56′20″, without permission from the Captain of longitude 73°54′39″; thence south of a the Port. When lightering is author- line bearing 284° to shore. ized, the Captain of the Port New York (i) When the use of Anchorage No. 17 must be notified at least four hours in is required by naval vessels, the vessels advance of a vessel conducting anchored therein shall move when the lightering operations as required by Captain of the Port directs them. 156.118 of this title. (3) Anchorage No. 18–A. East of lines (B) Any vessel conducting lightering bearing 8° from the northwest corner of or bunkering operations shall display the crib icebreaker north of the New by day a red flag (46 CFR 35.30–1; Pub York Central Railroad Company draw- 102; International Code of Signals sig- bridge across Spuyten Duyvil Creek naling instructions) at its mast head or (Harlem River) to a point 250 yards off- at least 10 feet above the upper deck if shore and on line with the New York the vessel has no mast, and by night Central Railroad signal bridge at the the flag must be illuminated by spot- foot of West 231st Street, extended, at light. These signals shall be in addition Spuyten Duyvil, Bronx, New York; to day signals, lights and whistle sig- thence bearing 19° to the channelward nals as required by rules 30 (33 U.S.C face of the Mount St. Vincent Dock at 2030 and 33 CFR 83.30) and 35 (33 USC the foot of West 261st Street, River- 2035 and 33 CFR 83.35) of the Inland dale, Bronx, New York. Navigation Rules when at anchor in a (i) When the use of Anchorage No. 18– general anchorage area. A is required by naval vessels the ves- (C) Within an anchorage, fishing and sels anchored therein shall move when navigation are prohibited within 500 the Captain of the Port directs them. yards of an anchored vessel displaying (4) [Reserved] a red flag.

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(D) These anchorage grounds are only thence back to 40°41′42.0″ N., 74°02′43.0″ authorized for use by tugs and/or W. barges. (i) See 33 CFR 110.155 (d)(6), (d)(16), (E) No vessel may occupy this an- and (l). chorage ground for a period of time in (4) Anchorage No. 20–D. That area en- excess of 96 hours without prior ap- closed by coordinates starting at proval of the Captain of the Port. 40°41′09.5″ N., 74°02′49.5″ W.; to 40°40′59.2″ (F) No vessel may anchor in Anchor- N., 74°02′27.9″ W.; to 40°40′44.5″ N., age No. 19 East or No. 19 West without 74°02′37.5″ W.; to 40°40′42.7″ N., 74°03′07.6″ permission from the Captain of the W.; thence back to 40°41′09.5″ N., Port. 74°02′49.5″ W. (G) Each vessel shall report its posi- (i) See 33 CFR 110.155 (d)(6), (d)(16), tion within Anchorage No. 19 East or and (l). No. 19 West to the Captain of the Port (5) Anchorage No. 20–E. That area en- immediately after anchoring. closed by coordinates starting at ° ′ ″ ° ′ ″ ° ′ ″ (H) All coordinates referenced use 40 40 38.2 N., 74 02 59.6 W.; to 40 40 39.4 ° ′ ″ ° ′ ″ datum: NAD 83. N., 74 02 40.9 W.; to 40 40 09.2 N., 74°03′00.7″ W.; to 40°40′24.4″ N., 74°03′24.6″ (6) Anchorage No. 19–A. An area lo- W.; thence back to 40°40′38.2″ N., cated west of Hyde Park enclosed by 74°02′59.6″ W. the coordinates starting at 41°48′35″ N (i) See 33 CFR 110.155 (d)(6), (d)(16), 073°57′00″ W; to 41°48′35″ N 073°56′44″ W; and (l). to 41°47′32″ N 073°56′50″ W; to 41°47′32″ N (6) No vessel may occupy this anchor- 073°57′10″ W; thence back to 41°48′35″ N age for a period of time in excess of 72 073°57′00″ W (NAD 1983). hours without the prior approval of the (i) No vessel may anchor in Anchor- Captain of the Port. age 19–A from December 16 to the last (7) Anchorage No. 20–F. All waters day of February without permission bound by the following points: from the Captain of the Port, New 40°40′12.2″ N, 074°03′39.9″ W; thence to York. 40°39′53.9″ N, 074°03′09.6″ W; thence to (ii) No vessel less than 20 meters in 40°39′38.9″ N, 074°03′19.5″ W; thence to length may anchor in Anchorage 19–A 40°39′53.5″ N, 074°03′53.7″ W; thence to without prior approval of the Captain the point of origin (NAD 83). of the Port, New York. (i) See 33 CFR 110.155 (d)(9), (d)(16), (d) Upper Bay—(1) Anchorage No. 20–A. and (l). That area enclosed by coordinates (ii) [Reserved] ° ′ ″ ° ′ ″ starting at 40 42 02.5 N., 74 02 25.5 W.; (8) Anchorage No. 20–G. That area en- ° ′ ″ ° ′ ″ to 40 42 06.5 N., 74 02 19.5 W.; to closed by coordinates starting at ° ′ ″ ° ′ ″ ° ′ ″ 40 42 05.0 N., 74 01 58.4 W.; to 40 41 54.5 40°39′30.1″ N., 74°04′08.0″ W.; to 40°39′32.0″ ° ′ ″ ° ′ ″ N., 74 01 59.2 W.; thence to 40 41 53.0 N., 74°03′53.5″ W.; to 40°39′27.5″ N., ° ′ ″ N., 74 02 23.0 W. 74°03′42.5″ W.; to 40°39′13.0″ N., 74°03′51.0″ (i) See 33 CFR 110.155 (d)(6), (d)(16), W.; to 40°39′09.5″ N., 74°04′23.1″ W.; and (l). thence back to 40°39′30.1″ N., 74°04′08.0″ (2) Anchorage No. 20–B. That area en- W. closed by coordinates starting at (i) See 33 CFR 110.155 (d)(9), (d)(16), 40°41′47.0″ N., 74°02′31.5″ W.; to 40°41′42.0″ and (l). N., 74°01′02.0″ W.; to 40°41′35.3″ N., (9) This anchorage is designated a 74°02′04.2″ W., to 40°41′29.9″ N., 74°02′07.8″ naval anchorage. The Captain of the W.; to 40°41′42.6″ N., 74°02′32.7″ W.; Port may permit commercial vessels to thence back to 40°41′47.0″ N., 74°02′31.5″ anchor temporarily in this anchorage, W. ordinarily not more than 24 hours, (i) See 33 CFR 110.155 (d)(6), (d)(16), when the anchorage will not be needed and (l). for naval vessels. Upon notification of (3) Anchorage No. 20–C. That area en- an anticipated naval arrival, any com- closed by coordinates starting at mercial vessel so anchored must relo- 40°41′42.0″ N., 74°02′43.0″ W.; to 40°41′25.4″ cate at its own expense. N., 74°02′10.7″ W.; to 40°41′01.7″ N., (10) Anchorage No. 21–A. That area en- 74°02′26.2″ W.; to 40°41′09.0″ N., 74°02′41.5″ closed by coordinates starting at W.; to 40°41′20.0″ N., 74°02′59.2″ W.; 40°40′22.5″ N., 74°01′35.2″ W.; to 40°40′20.5″

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N., 74°01′27.7″ W.; to 40°39′48.9″ N., of 48 hours without the prior approval 74°01′22.4″ W.; to 40°38′54.7″ N., 74°02′18.9″ of the Captain of the Port. W.; to 40°39′03.0″ N., 74°02′26.3″ W.; (iii) No vessel with a length overall thence back to 40°40′22.5″ N., 74°01′35.2″ in excess of 670 feet (204.216 meters) W. may occupy this anchorage without (i) See 33 CFR 110.155 (d)(16) and (l). the prior approval of the Captain of the (ii) No vessel may occupy this an- Port. chorage for a period of time in excess (iv) No vessel with a draft of 40 feet of 96 hours without prior approval of (12.192 meters) or more may occupy the Captain of the Port. this anchorage without the prior ap- (11) Anchorage No. 21–B. That area en- proval of the Captain of the Port unless closed by coordinates starting at it anchors within 5 hours after ebb cur- 40°40′23.8″ N., 74°02′10.9″ W.; to 40°40′26.2″ rent begins at the Narrows. N., 74°01′49.5″ W.; to 40°40′22.5″ N., (v) See 33 CFR 334.85 for information 74°01′35.2″ W.; to 40°39′03.0″ N., 74°02′26.3″ on anchoring near the U.S. Navy re- W.; to 40°38′54.7″ N., 74°02′18.9″ W.; to stricted area adjacent to this anchor- 40°38′43.7″ N., 74°02′30.3″ W.; to 40°39′19.3″ age. N., 74°03′03.3″ W.; to 40°39′22.3″ N., (14) Anchorage No. 23–B. That area 74°03′02.4″ W.; to 40°40′18.6″ N., 74°02′25.5″ enclosed by coordinates starting at W.; thence back to 40°40′23.8″ N., 40°37′49.8″ N., 74°03′50.1″ W.; to 40°37′49.5″ 74°02′10.9″ W. N., 74°03′25.7″ W.; to 40°37′27.0″ N., (i) See 33 CFR 110.155 (d)(16) and (l). 74°03′18.1″ W.; to 40°37′23.0″ N., 74°03′59.0″ (ii) No vessel with a draft of 10 feet W.; to 40°37′30.0″ N., 74°04′04.0″ W.; to (3.048 meters) or less may occupy this 40°37′37.5″ N., 74°03′46.0″ W.; thence back anchorage without the prior approval to 40°37′49.8″ N., 74°03′50.1″ W. of the Captain of the Port. (i) See 33 CFR 110.155(d)(13) (ii) and (iii) No vessel may occupy this an- (iv), (d)(16), and (l). chorage for a period of time in excess (ii) No vessel with a length overall of of 96 hours without prior approval of 670 feet (204.216 meters) or less may oc- the Captain of the Port. cupy this anchorage without the prior (12) Anchorage No. 21–C. That area en- approval of the Captain of the Port. closed by coordinates starting at (iii) See 33 CFR 334.85 for information 40°39′19.3″ N., 74°03′03.3″ W.; to 40°38′43.7″ on anchoring near the U.S. Navy re- N., 74°02′30.3″ W.; to 40°38′41.6″ N., stricted area adjacent to this anchor- 74°02′32.5″ W.; to 40°38′03.0″ N., 74°02′48.7″ age. W.; to 40°38′03.0″ N., 74°03′03.5″ W.; to (15) Anchorage No. 24. That area en- 40°38′38.4″ N., 74°03′15.5″ W.; thence back closed by coordinates starting at to 40°39′19.3″ N., 74°03′03.3″ W. 40°37′23.0″ N., 74°03′59.0″ W.; to 40°37′27.0″ (i) See 33 CFR 110.155 (d)(16) and (l). N., 74°03′18.1″ W.; to 40°36′40.1″ N., (ii) No vessel with a draft of 33 feet 74°03′02.2″ W.; to 40°36′25.5″ N., 74°02′56.4″ (10.0584 meters) or less may occupy this W.; to 40°36′21.0″ N., 74°03′11.0″ W.; to anchorage without the prior approval 40°36′25.0″ N., 74°03′17.5″ W.; thence back of the Captain of the Port. to 40°37′23.0″ N., 74°03′59.0″ W. (iii) No vessel may occupy this an- (i) See 33 CFR 110.155(d)(13) (ii) and chorage for a period of time in excess (iv), (d)(16), and (l). of 96 hours without prior approval of (ii) No vessel with a length overall of the Captain of the Port. less than 800 feet (243.84 meters), or (13) Anchorage No. 23–A. That area with a draft of less than 40 feet (12.192 enclosed by coordinates starting at meters) may occupy this anchorage 40°38′36.5″ N., 74°04′13.5″ W.; to 40°38′37.0″ without the prior approval of the Cap- N., 74°03′49.0″ W.; to 40°38′23.4″ N., tain of the Port. 74°03′37.2″ W.; to 40°37′49.5″ N., 74°03′25.7″ (16) Any vessel anchored in or intend- W.; to 40°37′49.8″ N., 74°03′50.1″ W.; to ing to anchor in Federal Anchorage 20– 40°37′50.0″ N., 74°03′50.2″ W.; to 40°37′53.0″ A through 20–G, 21–A through 21–C, 23– N., 74°04′07.0″ W.; thence back to A and 23–B, 24 or 25 must comply with 40°38′36.5″ N., 74°04′13.5 W. the following requirements: (i) See 33 CFR 110.155 (d)(16) and (l). (i) No vessel may anchor unless it no- (ii) No vessel may occupy this an- tifies the Captain of the Port when it chorage for a period of time in excess anchors, of the vessel’s name, length,

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draft, and its position in the anchor- (iii) No vessel may occupy this an- age. chorage for a period of time in excess (ii) Each vessel anchored must notify of 96 hours without prior approval of the Captain of the Port when it weighs the Captain of the Port. anchor. (f) Lower Bay—(1) Anchorage No. 26. In (iii) No vessel may conduct Sandy Hook Bay south of a line extend- lightering operations unless it notifies ing from Point Comfort to Sandy Hook the Captain of the Port before it begins Point Light. lightering operations. NOTE: Anchorages Nos. 49–F and 49–G in (iv) Each vessel lightering must no- this area are reserved for vessels carrying ex- tify the Captain of the Port at the ter- plosives (see paragraphs (m)(2) and (3) of this mination of lightering. section) and are excluded from use as general (v) No vessel may anchor unless it anchorages. maintains a bridge watch, guards and (i) Pleasure or commercial craft may answers Channel 16 FM, and maintains not navigate or moor within 750 yards an accurate position plot. of the Naval Ammunition Depot Pier (vi) If any vessel is so close to an- at Leonardo, New Jersey, nor anchor in other that a collision is probable, each the approach channel or the turning vessel must communicate with the basin adjacent thereto. other vessel and the Captain of the (ii) When immediate action is re- Port on Channel 16 FM and shall act to quired and representatives of the Coast eliminate the close proximity situa- Guard are not present in sufficient tion. force to exercise effective control of (vii) No vessel may anchor unless it shipping, the Commanding Officer of maintains the capability to get under- the Naval Ammunition Depot at Earle, way within 30 minutes except with New Jersey, may control the anchorage prior approval of the Captain of the or movement of any vessel, foreign or Port. domestic, to the extent he deems nec- (viii) No vessel may anchor in a essary to insure the safety and security ‘‘dead ship’’ status (propulsion or con- of his command. trol unavailable for normal operations) (2) Anchorage No. 27—(i) Atlantic without the prior approval of the Cap- Ocean. Beginning at Sandy Hook Light tain of the Port. 15 to latitude 40°28′52″, longitude (ix) Each vessel in a ‘‘dead ship’’ sta- 74°00′03″; thence to latitude 40°28′41″, tus must engage an adequate number longitude 73°58′54″; thence to latitude of tugs alongside during tide changes. 40°25′58″, longitude 73°55′00″; thence 180° A tug alongside may assume the Chan- to latitude 40°23′46″, thence 270° toward nel 16 FM radio guard for the vessel Highland Light and Sandy Hook shore; after it notifies the Captain of the thence following the easterly shoreline Port. of Sandy Hook to the point of begin- (x) No vessel may lighter in a ‘‘dead ning. ship’’ status without prior approval (ii) Romer Shoal. All waters bound from the Captain of the Port. by the following points: 40°28′27.21″N, (e) Lower Bay—(1) Anchorage No. 25. 073°56′45.84″W; thence to 40°29′47.70″N, That area enclosed by coordinates 073°56′46.23″W; thence to 40°31′25.38″N, starting at 40°35′58.2″ N., 74°02′18.4″ W.; 074°00′53.50″W; thence to 40°32′11.38″N, to 40°36′12.0″ N., 74°01′29.0″ W.; to 074°01′39.50″W; thence to 40°32′12.38″N, 40°36′03.0″ N., 74°00′52.5″ W., to 40°34′57.5″ 074°02′05.50″W; thence to 40°31′27.38″N, N., 74°00′25.0″ W.; to 40°34′40.0″ N., 074°02′05.50″W; thence to 40°30′13.38″N, 74°01′03.0″ W.; to 40°34′53.0″ N., 74°01′56.1″ 074°00′05.50″W; thence to the point of or- W.; to 40°35′23.9″ N., 74°02′04.8″ W.; igin (NAD 83). thence back to 40°35′58.2″ N., 74°02′18.4″ (iii) Flynns Knoll. Beginning at Sandy W. Hook Channel Lighted Bell Buoy 18; (i) See 33 CFR 110.155(d)(16) and (l). thence along the north side of Sandy (ii) When the use of this anchorage is Hook Channel to Sandy Hook Channel required by naval vessels, any commer- Lighted Buoy; thence along the south- cial vessels anchored therein must west side of Swash Channel to Junction move when directed by the Captain of Buoy; thence along the east side of the Port. Chapel Hill Channel to Chapel Hill

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Channel Buoy 2; and thence to the 074°08′29.7″ W; thence to 40°40′44.7″ N, point of beginning. 074°08′29.8″ W; thence to 40°40′34.0″ N, (3) Anchorage No. 28. West of lines 074°08′12.0″ W; thence to 40°40′36.6″ N, bearing 154°30′ from Fort Wadsworth 074°08′04.8″ W; thence to 40°40′54.5″ N, Light to Craven Shoal Lighted Bell 074°07′56.5″ W; thence to 40°41′03.3″ N, Buoy 19A, thence in succession to the 074°07′56.5″ W; thence to the point of or- buoys marking the east side of West igin (NAD 83). Bank and the buoys on the west side of (4) Anchorage No. 37. North of the Chapel Hill Channel to Southwest Spit Central Railroad of New Jersey bridge; Junction Lighted Gong Buoy, thence east of a line ranging from a point 200 182° to a line extending from Sandy yards east of the east pier of the east Hook Point Light to Point Comfort; lift span of the bridge to a point 200 north of the latter line and the New yards east of the east end of the lift Jersey shore; and east of a line bearing span of the Pennsylvania-Lehigh Val- 353° from the head of the Keansburg ley Railroad bridge; and south of the Steamboat Pier at Point Comfort, latter bridge. through Great Kills Flat Buoy 4, to the Staten Island shore; excluding from NOTE TO PARAGRAPH (h)(4): The special an- this area, however, (i) the waters west chorage area in this anchorage is described of a line ranging from the stack on in § 110.60. Hoffman Island 344° through the north- (i) Arthur Kill—(1) Anchorage No. 41. east corner of the T-shaped pier at The passage between Pralls Island and South Beach; northwest of a line rang- Staten Island included between a line ing from Great Kills Light 39° and tan- running 29° from the extreme north- gent to the offshore face of the T- west point of Pralls Island to a point shaped pier at Midland Beach; and on Staten Island and a line from the northeast of a line ranging from the southern point of Pralls Island to the stack on Swinburne Island 301° to the north side of the mouth of Neck Creek shore end of the north jetty at New at Travis, Staten Island. Creek; and (ii) the waters west of a line (2) Anchorage No. 42. East of lines ranging from Conover Light at ranging from the head of the Leonardo, New Jersey, 340° through Old Tottenville Shipyard Company pier at Orchard Shoal Light; northwest of a Tottenville, Staten Island, to the first line bearing 230° from the stack on pier of the Outerbridge Crossing west Hoffman Island; and northeast of a line from the Staten Island shore, thence to ranging from Great Kills Light 332° Arthur Kill Light 10, thence to Arthur through Marine Park Light at Crooks Kill Light 14, and thence to Arthur Kill Point. Lighted Buoy 16; and south of a line NOTE TO PARAGRAPH (f)(3): The special an- from thence to Smoking Point. chorage area in this anchorage is described (j) Raritan Bay—(1) Anchorage No. 44. in § 110.60. An area in Raritan Bay located at the (g) [Reserved] junction of Arthur Kill and Raritan (h) Newark Bay. (1) Anchorage No. 34. River, beginning at a point at latitude All waters bound by the following 40°30′07″, longitude 74°15′30″; thence to points: 40°38′51.5″ N, 074°10′35.6″ W; latitude 40°30′01″, longitude 74°15′30″; thence to 40°39′20.2″ N, 074°09′50.8″ W; thence to latitude 40°29′27″, longitude thence to 40°39′41.4″ N, 074°09′30.2″ W; 74°15′06″; thence to latitude 40°29′24″, thence to 40°39′29.6″ N, 074°08′58.0″ W; longitude 74°15′01″; thence to latitude thence to 40°39′21.7″ N, 074°08′50.8″ W; 40°29′15″, longitude 74°14′55″; thence to thence to 40°39′08.0″ N, 074°08′58.9″ W; latitude 40°29′14″, longitude 74°15′25″; thence to 40°38′49.9″ N, 074°09′20.0″ W; thence to latitude 40°29′48″, longitude thence to 40°38′53.5″ N, 074°09′37.1″ W; 74°15′48″; and thence to the point of be- thence to 40°38′52.0″ N, 074°09′41.6″ W; ginning. thence to the point of origin (NAD 83). (i) The anchorage is restricted to (2) [Reserved] deep-draft vessels except that barges (3) Anchorage No. 36. All waters bound may moor in that portion of the an- by the following points: 40°41′13.1″ N, chorage southerly of latitude 40°29′22″. 074°08′06.1″ W; thence to 40°41′12.7″ N, (ii) No vessel shall occupy the deep- 074°08′09.9″ W; thence to 40°40′51.0″ N, draft portion of the anchorage for a

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longer period than 48 hours without a hours prior to entering Ambrose Chan- permit from the Captain of the Port. nel. (2) Anchorage No. 45. West of the Rari- (2) Except in cases of great emer- tan Bay Channel leading into Arthur gency, no vessel shall be anchored in Kill; north of the Raritan River Chan- the navigable waters of the Port of nel leading into Raritan River; and New York outside of the anchorage east of the Cutoff Channel between areas established in this section, nor Raritan River and Arthur Kill, except cast anchor within a cable or pipe line that part of the said area occupied by area shown on a Government chart, nor Anchorage No. 44. be moored, anchored, or tied up to any (3) [Reserved] pier, wharf, or vessel in such manner as (4) Anchorage No. 46. West of the west to obstruct or endanger the passage of limit of Anchorage No. 28, as defined by any vessel in transit by, or to or from, a line bearing 353° from the head of the adjacent wharves, piers, or slips. Keansburg Steamboat Pier at Point (3) No vessel shall occupy for a longer Comfort, through Great Kills Flat period than 30 days, unless a permit is Buoy 4 to the Staten Island shore; obtained from the Captain of the Port north of Raritan Bay Channel as de- for that purpose, any anchorage for fined by the buoys and lights marking which the time of occupancy is not the north side of the channel, including otherwise prescribed in this section. No Princess Bay; northeast of Raritan Bay vessel in a condition such that it is Channel leading into Arthur Kill; and likely to sink or otherwise become a south of a line bearing 243° from the menace or obstruction to navigation or gable of a house at Ward Point, Staten anchorage of other vessels shall occupy Island. an anchorage except in an emergency, (5) Anchorage No. 47. South of the and then only for such period as may Raritan River Channel from opposite be permitted by the Captain of the the Sun Oil Company pier at South Port. Amboy to Raritan River Buoy 3; thence (4) Whenever, in the opinion of the south of a line in the direction of Captain of the Port, such action may Boundary Daybeacon to latitude be necessary, that officer may require 40°28′48.5″, longitude 74°14′31.6″; thence any or all vessels in any designated an- south of lines through Raritan Bay chorage area to moor with two or more Light 7B, Raritan Bay Light 3A, and anchors. the buoys marking the south side of (5) Every vessel whose crew may be Raritan Bay Channel Off Seguine Point reduced to such number that it will not to the west limit of Anchorage No. 28 have sufficient men on board to weigh as defined by a line bearing 353° from anchor at any time shall be anchored the head of the Keansburg Steamboat with two anchors, with mooring swivel Pier through Great Kills Flat Buoy 4 to put on before the crew shall be reduced the Staten Island shore; and west of or released, unless the Captain of the the latter line. Port shall waive the requirement of a (i) Vessels shall not anchor in the mooring swivel. channel to Keyport Harbor west of (6) Anchors of all vessels must be lines ranging from Keyport Channel placed well within the anchorage areas, Buoy 1 to Keyport Channel Buoy 9, so that no portion of the hull or rig- thence through Keyport Channel Buoys ging shall at any time extend outside 11 and 13 to the northeast corner of the the boundaries of the anchorage area. easterly steamboat wharf; and east of a (7) Any vessel anchoring under cir- line extending from a point 400 yards cumstances of great emergency outside west of Keyport Channel Buoy 1 tan- of the anchorage areas must be placed gent to the west shore at the mouth of near the edge of the channel and in Matawan Creek. such position as not to interfere with (k) [Reserved] the free navigation of the channel nor (l) General regulations. (1) No vessel in obstruct the approach to any pier nor excess of 800 feet (243.84 meters) in impede the movement of any boat, and length overall or 40 feet (12.192 meters) shall move away immediately after the in draft may anchor unless it notifies emergency ceases, or upon notification the Captain of the Port at least 48 by the Captain of the Port.

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(8) The Captain of the Port may the Port—New York considers reason- grant a revocable permit for the habit- able use of the mooring. Nonuse of a ual maintenance and use of a given mooring up to 30 days during the boat- mooring space in an anchorage area. ing season is deemed reasonable. Application information for a mooring (x) Moorings for which permits have permit is available from: expired without renewal or have been Coast Guard Sector New York, Waterways revoked by the Captain of the Port— Management Division, 212 Coast Guard New York shall be removed by the Drive, Staten Island, NY 10305. owner within 10 days of such expiration or revocation. (i) A mooring permit is issued to an individual, for his exclusive use, of a (xi) Granting of a Captain of the specific mooring, of a specific type, at Port—New York mooring permit does a specific location, for a specific vessel. not give a right of access across private (ii) Mooring permits shall expire on property. Arrangements for access April 30 of the year after issuance. shall be made by the permit holder. (iii) Mooring permits are not trans- (xii) Each person to whom a Captain ferable. of the Port—New York mooring permit (iv) Moorings are shown on the large is issued agrees to hold harmless the scale chart which may be seen at the United States, its officers, agents, and office of the Captain of the Port—New employees, for any death, personal in- York. jury, or damage which may result from (v) Mooring anchor, chain, and pend- the use of the permit or the rights ant (if applicable) requirements are granted under the permit. shown in Table 110.155(l)(7). These re- (xiii) No vessel shall continuously oc- quirements may be waived or modified cupy a mooring when a vessel in reg- by the Captain of the Port upon writ- ular traffic requires the berth or when ten request from the applicant for such navigation would be menaced or incon- waiver or modification. venienced thereby. (vi) The mooring buoy shall be white (xiv) No vessel shall moor in any an- in color with the Captain of the Port chorage in such a manner as to inter- mooring permit number, in black let- fere with the use of a duly authorized ters, clearly visible at all times. The mooring buoy. Nor shall any vessel buoy is to extend not less than 1 foot moored to a buoy authorized by a Cap- above the surface of the water at all tain of the Port—New York permit be times, exclusive of flagstaffs, rings, moored such that any portion of that quick pickup devices, etc. vessel comes within 50 feet of a marked (vii) All required equipment shall be or dredged channel. provided by, installed by, and remain (xv) No vessel shall be navigated the property of the permit holder. within the limits of an anchorage at (viii) Mooring equipment should be speed exceeding 6 knots when in the vi- raised at least every 2 years, inspected cinity of a moored vessel. for deterioration and replaced if nec- (xvi) In an emergency the Captain of essary. the Port may shift the position of any (ix) Each person holding a mooring unattended vessel moored in or near permit shall make what the Captain of any anchorage.

TABLE 110.155(l)(7)

Anchor Pendant safe Vessel length, in feet weight, in Anchor type Anchor scope Chain size in Pendant working load pounds inches length in feet minimum

15 or less ...... 100 ...... Mushroom or 3x MHW ...... 5⁄16 ...... 4 ...... 4x anchor navy. weight. Greater than 15 but not 150 ...... Mushroom or 3x MHW ...... 3⁄8 ...... 8 ...... Do. greater than 21. navy. Greater than 21 but not 200 ...... Mushroom or 3x MHW ...... 3⁄8 ...... 10 ...... Do. greater than 26. navy.

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TABLE 110.155(l)(7)—Continued

Anchor Pendant safe Vessel length, in feet weight, in Anchor type Anchor scope Chain size in Pendant working load pounds inches length in feet minimum

Greater than 26 ...... 10 per foot of Mushroom or 3x MHW ...... 1⁄2 for anchor 10 ...... Do. vessel navy. of 400 # or length. less, 5⁄8 if greater than 400 #.

(9) Barge dispensing stations and from the penalties of law for obstruct- stake boats may be anchored in such ing navigation or for obstructing or places as the Captain of the Port may interfering with range lights, or for not designate. complying with the navigation laws in (10) Upon approval of the District En- regard to lights, fog signals, or for oth- gineer, Corps of Engineers, the Captain erwise violating law. of the Port may permit wrecking plant (14) Any vessel prohibited by these or other vessels legally engaged in re- rules from anchoring in a specific an- covering sunken property, or in laying chorage because of the vessel’s length or repairing pipe lines or cables legally or draft may anchor in the anchorage established, or plant engaged in dredg- with permission from the Captain of ing operations, to anchor within chan- the Port. nels of the Port of New York. Permit (m) Anchorages for vessels carrying ex- issued by the Captain of the Port is not plosives. (1) [Reserved] necessary for plant engaged upon (2) Anchorage No. 49–F (emergency works of river and harbor improvement naval anchorage). That portion of under the supervision of the District Sandy Hook Bay bounded by a line Engineer, but the District Engineer bearing 170°, 3,800 yards, from a point will notify the Captain of the Port in bearing 281°30′, 2,050 yards from Sandy advance of all such proposed work. Hook Light; thence 260°, 500 yards; (11) Whenever the maritime or com- thence 350°, 3,800 yards; thence 080°, 500 mercial interests of the United States yards, to the point of beginning. so require, the Captain of the Port is (i) This anchorage is to be used for hereby empowered to shift the position the anchorage of naval vessels during of any vessel anchored within the an- emergencies only. chorage areas, of any vessel anchored outside the anchorage areas, of any (ii) No pleasure or commercial craft vessel which is so moored or anchored shall navigate or moor within this area as to impede or obstruct vessel move- at any time when naval vessels which ments in any channel or obstruct or are moored in the area display a red interfere with range lights and of any flag by day or a red light by night. vessel which, lying at the exterior end (3) Anchorage No. 49–G (naval anchor- of a pier or alongside an open bulk- age). That portion of Sandy Hook Bay head, obstructs or endangers the pas- bounded by a line bearing 208°, 1,350 sage of vessels in transit by, or to or yards, from a point bearing 292°30′, 3,600 from, adjacent wharf property or im- yards, from Sandy Hook Light; thence pedes the movements of vessels enter- 298°, 620 yards; thence 002°, 1,250 yards; ing or leaving adjacent slips. thence 107°, 1,150 yards, to the point of (12) A vessel upon being notified to beginning. move into the anchorage limits or to (i) No pleasure or commercial craft shift its position on anchorage shall navigate or moor within this area grounds, shall get under way at once or at any time when vessels which are signal for a tug, and shall change posi- moored in the area display a red flag tion as directed, with reasonable by day or a red light by night. promptness. (n) Regulations for explosive anchor- (13) Nothing in this section shall be ages. (1) Anchorages Nos. 49–F and 49–G construed as relieving any vessel or the are reserved for vessels carrying explo- owner or person in charge of any vessel sives. All vessels carrying explosives

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shall be within these areas when an- if the vessel has no mast, and shall dis- chored, except as provided in paragraph play by night a red light in the same (n)(6) of this section. position specified for the flag. (2) A written permit shall be obtained (8) When local regulations of any from the Captain of the Port before place require previous local authority vessels carrying explosives, or on for the transfer of explosives or fire- which explosives are to be loaded, may works between vessels or between a proceed to the anchorages provided for vessel and a wharf or other place them; and no vessel shall occupy a ashore, the Captain of the Port will berth in such anchorage except by au- permit the removal from the anchorage thority of such permit, which permit of such vessel containing explosives to may be revoked at any time. any place covered by such local regula- (3) Vessels used in connection with tions only when he is satisfied that the loading or unloading explosives on ves- required local authority has been sels in anchorage areas, including tugs granted. and stevedore boats, shall carry a written permit from the Captain of the NOTE: The anchorage in this section are Port. The Captain of the Port may, in regulated under Title I, Ports and Water- his discretion, require every person ways Safety Act of 1972 as stated in § 110.1a(a) of this part. The penalties for vio- having business on board vessels which lating regulations under this Act are stated are being loaded with explosives, other in § 110.1a(b) of this part. than members of the crew, to have a pass from the Captain of the Port in [CGFR 67–46, 32 FR 17728, Dec. 12, 1967] such form as he shall prescribe. Such EDITORIAL NOTE: For FEDERAL REGISTER ci- permit or pass shall be shown whenever tations affecting § 110.155, see the List of CFR required by him or by his authorized Sections Affected, which appears in the agents. Finding Aids section of the printed volume (4) Whenever any vessel not fitted and at www.fdsys.gov. with mechanical power anchors in the explosives anchorages while carrying § 110.156 Randall Bay, Freeport, Long Island, N.Y. explosives, the Captain of the Port may require the attendance of a tug upon (a) The anchorage grounds. Southward such vessel when in his judgment such of a line 312 feet south of and parallel action is necessary. to the south side of Casino Street; east- (5) Vessels carrying explosives shall ward of a line 215 feet east of and par- comply with the general regulations in allel to the east side of West Side Ave- paragraph (l) of this section when ap- nue, said line extending southerly to a plicable. point 233 feet north of the prolonged (6) The District Engineer, Corps of north side of Clinton Street; northeast- Engineers, may authorize, in writing, a ward of a line from the last-mentioned vessel carrying explosives for use on point to a point 243 feet southerly of river and harbor works or on other the prolonged south side of Clinton work under Federal permit issued by Street and 210 feet east of the east side the District Engineer to anchor in or of Prospect Street; eastward of a line near the vicinity of such work without 210 feet east of and parallel to the east a permit from the Captain of the Port. side of Prospect Street; northward of a The District Engineer will prescribe line 25 feet north of and parallel to the the quantities of such explosives al- prolonged north side of Suffolk Street; lowed on such vessel and the conditions westward of a line 210 feet west of and under which they are to be stored and parallel to the west side of South Long handled, and will furnish the Captain Beach Avenue, said line extending of the Port with a copy of such safety northerly to a point 222 feet south of instructions together with a copy of the prolonged south side of Queens his written authorization. Street; southwestward of a line from (7) Every vessel loading, unloading, the last-mentioned point to a point 74 transporting, or containing explosives feet northerly of the prolonged north shall display by day a red flag at least side of Queens Street and 120 feet west 16 square feet in area at its masthead, of the west side of Roosevelt Avenue; or at least 10 feet above the upper deck and westward of a line 120 feet west of

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and parallel to the west side of Roo- yards; and thence 138°, 8,000 yards, to sevelt Avenue. the point of beginning. (b) The regulations. (1) When applied (3) Anchorage 2 northwest of Artificial for, a berth in this anchorage, if avail- Island. On the east side of the channel able, may be assigned to any vessel by along Reedy Island Range, bounded as the Captain of the Port of Long Island follows: Beginning at a point bearing Sound. 105° from the northernmost point of (2) The Captain of the Port is author- Reedy Island, 167 yards easterly of the ized to issue permits for maintaining east edge of the channel along Reedy mooring buoys within the anchorage. Island Range; thence 105°, 800 yards; The method of anchoring these buoys thence 195°, 4,500 yards; thence 285°, 800 shall be as prescribed by the Captain of yards to a point (approximately lati- the Port. tude 39°28′58″, longitude 75°33′37″) oppo- (3) No vessel shall anchor in the an- site the intersection of Reedy Island chorage in such manner as to interfere and Baker Ranges; and thence 15°, 4,500 with the use of a duly authorized moor- yards, to the point of beginning. ing buoy. (4) Anchorage 3 southeast of Reedy (4) No vessel shall be navigated with- Point. Southeast of the entrance to the in the anchorage at a speed exceeding Chesapeake and Delaware Canal at six knots. Reedy Point, bounded on the east by (5) In case of emergencies, the Cap- the west edge of the channel along tain of the Port is authorized to shift Reedy Island and New Castle Ranges; the position of any unattended vessel on the west by a line beginning at a moored in or near the anchorage. point on the west edge of the channel along Reedy Island Range at latitude [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as 39°31′43″, thence to a point bearing amended by USCG–2012–0306, 77 FR 37313, 168°30′, 3,150 yards, from Chesapeake June 21, 2012] and Delaware Canal 2 Light, and thence to a point bearing 131°, 1,160 § 110.157 Delaware Bay and River. yards, from Chesapeake and Delaware (a) The anchorage grounds—(1) An- Canal 2 Light; and on the north by a chorage A off the entrance to the line running from the last-described Mispillion River. In Delaware Bay point 113°30′, approximately 813 yards, southwest of Brandywine Channel be- to the west edge of the channel along ginning at latitude 38°53′57″ N., lon- New Castle Range. gitude 75°08′00″ W., thence northwest- (5) Anchorage 4 north of Reedy Point. erly to latitude 39°01′22″ N., longitude North of the entrance to the Chesa- 75°13′25″ W., thence southwesterly to peake and Delaware Canal at Reedy latitude 39°00′49″ N., longitude 75°14′57″ Point, on the west side of the river, W., thence southeasterly to latitude bounded as follows: Beginning at a 38°53′22″ N., longitude 75°09′26″ W., point (approximately latitude 39°33′51″, thence northeasterly to the point of be- longitude 75°33′35″) 344°58′ true, 160 ginning. Supervision over the anchor- yards from Chesapeake and Delaware ing of vessels and over all cargo trans- Canal Light 2; thence 306°26′, 1,442 fer operations in Anchorage A is exer- yards; thence 36°26′, 377 yards; thence cised by the Captain of the Port, Phila- 126°26′, 1,442 yards; thence 216°26′, 377 delphia. The regulations of paragraphs yards to the point of beginning. (b)(1) and (b)(2) of this section do not (6) Anchorage 5 southeast of Pea Patch apply to this anchorage. Island. On the northeast side of the (2) Anchorage 1 off Bombay Hook Point. channel along New Castle Range, On the southwest side of the channel bounded as follows: Beginning at lati- along Liston Range, bounded as fol- tude 39°34′28″, longitude 75°33′06″; thence lows: Beginning at a point (approxi- 334°, 2,343 yards; thence 64°, 512 yards; mately latitude 39°17′59″, longitude thence 154°, 2,343 yards; and thence 244°, 75°23′07″) bearing 228 from Ship John 512 yards, to the point of beginning. Shoal Light, 167 yards southwest of the (7) Anchorage 6 off Deepwater Point. southwest edge of the channel along Southeast of the entrance to Christina Liston Range; thence 228°, 2,000 yards; River, on the east side of the channel thence 318°, 8,000 yards; thence 48°, 2,000 along Cherry Island Range, bounded as

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follows: Beginning at latitude 39°41′31″, chor in this anchorage in such manner longitude 75°30′55″; thence 17°, 2,747 as to interfere unreasonably with the yards; thence 112°, 847 yards; thence passage of other vessels to and from 215°, 1,340 yards; thence 204°, 893 yards; Mantua Creek. thence 186°30′, 500 yards; and thence (11) Anchorage 10 (naval) at Naval 286°, 377 yards, to the point of begin- Base, Philadelphia. On the north side of ning. Vessels must not cast anchor in the channel along West Horseshoe the cable area at the lower end of this Range, bounded as follows: Beginning anchorage except in case of emergency. at the southeasterly corner of Pier 7 (8) Anchorage 7 off Marcus Hook. (i) On (approximately latitude 39°53′11″, lon- the southeast side of the channel along gitude 75°09′58.5″); thence 174°, 525 Marcus Hook Range, bounded by a line yards, to the north edge of the channel connecting the following points: along West Horseshoe Range; thence 39°49′17.254″ N 75°22′50.0994″ W 273°30′ along the edge of the channel, 39°48′39.984″ N 75°23′17.238″ W 880 yards; thence 354°, 433 yards, to the 39°47′45.309″ N 75°25′01.278″ W southeasterly corner of Pier 1; and ° ′ ″ ° ′ ″ 39 47 43.111 N 75 26 00.186 W thence 88°30′, 875 yards, to the point of (DATUM: NAD 83) beginning. This is a restricted naval (ii) A vessel that is arriving from or anchorage. departing for sea and that requires an (12) Anchorage 11 at Gloucester. On the examination by public health, customs, east side of the channel south of the or immigration authorities shall an- Walt Whitman Bridge at Gloucester, chor in the preferential area of this an- bounded as follows: Beginning at a chorage designated for the use of ves- point on the east edge of the channel at sels awaiting quarantine inspection, latitude 39°54′16″; thence 174°30′, 500 this area being the waters bounded by yards, to latitude 39°54′02″, longitude the arc of a circle with a radius of 366 75°07′43″; thence 202°, 1,133 yards; thence yards and with the center located at: 217°30′, 1,142 yards, to the east edge of 39°48′46.334″ N 75°23′26.881″ W channel; thence northeasterly along the edge of the channel to the point of (DATUM: NAD 83) beginning. (iii) Should the remainder of the an- (13) Anchorage 12 between Gloucester chorage be in use, the preferential and Camden. On the east side of the area, when available, may be used by channel adjoining and on the upstream vessels not subject to quarantine inside of Anchorage 11, from the Glouces- spection. ter to Camden, bounded as follows: Be- (9) Anchorage 8 off Thompson Point. On ginning at a point on the east edge of the south side of the channel along the channel at latitude 39°54′16″; thence Tinicum Range, between Thompson northerly along the edge of the channel Point and the east side of Crab Point, to latitude 39°56′32.5″; thence 133°, 283 bounded as follows: Beginning at a yards to a point on a line 100 feet west point on the south edge of the channel of the established pierhead line; thence along Tinicum Range at longitude southerly along this line to latitude 75°18′24″; thence easterly along the edge 39°54′34″; thence 196°16′, 882 yards to of the channel to longitude 75°17′54″; latitude 39°54′08.5″; thence 354°36′, 267 thence 179°, 267 yards; thence 260°30′, 793 yards to the point of beginning. The yards; thence 358°, 425 yards, to the area between New York Shipbuilding point of beginning. Corporation Pier No. 2 and the (10) Anchorage 9 near entrance to Man- MacAndrews and Forbes Company pier, tua Creek. On the southeast side of the Camden, shall be restricted to facili- channel along Mifflin Range, bounded tate the movement of carfloats to and as follows: Beginning at a point on the from Bulson Street, Camden. The area southeast edge of the channel at lon- in front of the Public Service Electric gitude 75°14′26″; thence northeasterly and Gas Company pier shall be re- along the edge of the channel to lon- stricted to facilitate the movement of gitude 75°12′01.5″; thence 203°30′, 933 vessels to and from the pier. Should yards; thence 233°30′, 3,058 yards; and the anchorage become so congested thence 263°30′, 933 yards, to the point of that vessles are compelled to anchor in beginning. Vessels must not cast an- these restricted areas, they must move

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immediately when another berth is ning. When necessary, this anchorage available. will be reserved for vessels under the (14) Anchorage 13 at Camden. On the custody of the United States, at which east side of the channel adjoining and time other vessels may be required by on the upstream side of Anchorage 12, the Captain of the Port to shift posi- to Cooper Point, Camden, bounded as tion. follows: Beginning at a point on the (b) General regulations. (1) Except in east edge of the channel at latitude cases of great emergency, no vessel 39°56′32.5″; thence northerly along the shall be anchored in Delaware Bay and edge of the channel to latitude River between Ship John Light and 39°57′39.7″; thence 139°, 217 yards to a The Pennsylvania Railroad Company point on a line 100 feet west of the es- bridge at Delair, New Jersey, outside of tablished pierhead line; thence south- the anchorage areas established in this erly along this line to latitude section, or within a cable or pipe line 39°56′26.5″; thence 313°, 283 yards to the area shown on a Government chart, or point of beginning. be moored, anchored, or tied up to any (15) Anchorage 14 opposite Port Rich- pier, wharf, or other vessel in such mond. On the southeast side of the manner as to obstruct or endanger the channel, north of Petty Island, bound- passage of any vessel. When an emer- ed as follows: Beginning at a point on gent condition exists due to congestion the southeast edge of the channel at in the prescribed anchorage areas in longitude 75°05′43″; thence 163°, 248 the Delaware River, the Captain of the yards; thence 253°, 1,978 yards, to the Port may authorize the anchorage of southeast edge of the channel; and vessels in locations other than the pre- thence northeasterly along the edge of scribed areas. Vessels so anchored must the channel to the point of beginning. not be anchored within the channel Vessels having a draft of less than 20 limits. Any vessel anchored outside of feet must anchor southwest of Pier No. the prescribed anchorage limits must 11, Port Richmond. The area off the move to a prescribed anchorage area Cities Service Oil Company wharves, when space becomes available. Petty Island, shall be restricted to fa- (2) No vessel shall occupy any pre- cilitate the movement of vessels to and scribed anchorage for a longer period from the wharves. than 48 hours without a permit from (16) Anchorage 15 off northeasterly end the Captain of the Port. Vessels expect- of Petty Island. On the southeast side of ing to be at anchor for more than 48 the channel, bounded as follows: Begin- hours shall obtain a permit from the ning at a point on the southeast edge Captain of the Port for that purpose. of the channel at longitude 75°05′34.7″; No vessel in such condition that it is thence northeasterly along the south- likely to sink or otherwise become a east edge of the channel to longitude menace or obstruction to navigation or 75°05′09.5″; thence 171°, 198 yards; thence anchorage of other vessels shall occupy 260°30′, 667 yards; and thence 351°, 198 an anchorage except in an emergency, yards, to the point of beginning. When and then only for such period as may necessary, this anchorage will be re- be permitted by the Captain of the served for vessels under the custody of Port. the United States, at which time other (3) Whenever, in the opinion of the vessels may be required by the Captain Captain of the Port such action may be of the Port to shift position. necessary, he may require any or all (17) Anchorage 16 between Port Rich- vessels in any designated anchorage mond and Five Mile Point. On the north- area to moor with two or more an- west side of the channel, bounded as chors. follows: Beginning at a point on the (4) [Reserved] northwest edge of the channel at lon- (5) Anchors shall be placed well with- gitude 75°05′35″; thence northeasterly in the anchorage areas, so that no por- along the edge of the channel to lon- tion of the hull or rigging will at any gitude 75°04′20″; thence 328°, 125 yards; time extend outside of the anchorage thence 243°, 450 yards; thence 251°, 475 area. yards; thence 257°, 1,042 yards; thence (6) Light-draft barges using the an- 174°30′, 122 yards, to the point of begin- chorages shall be anchored away from

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the deeper portions of the anchorages, the Captain of the Port on a case-by- so as not to interfere with the anchor- case basis. ing of deep-draft vessels. Any barges (ii) For Anchorage 6 off Deepwater towed in tandem to an anchorage area Point, as described in paragraph (a)(7) shall be bunched together when an- of this section, and Anchorage 9 as de- choring. scribed in paragraph (a)(10) of this sec- (7) Upon approval of the District En- tion. gineer, Corps of Engineers, the Captain (A) Any vessel 700 feet or greater in of the Port may permit wrecking plant length requesting anchorage shall ob- or other vessels legally engaged in retain permission from the Captain of covering sunken property, or in laying the Port, Philadelphia, Pennsylvania, or repairing pipe lines or cables, or at least 24 hours in advance. plant engaged in dredging operations, (B) Any vessel from 700 to 750 feet in to anchor in channels. Such permission length shall have one tug alongside at is not necessary for plant engaged upon all times while the vessel is at anchor. works of river and harbor improvement (C) Any vessel greater than 750 feet under the supervision of the District in length shall have two tugs alongside Engineer, but the District Engineer at all times while the vessel is at an- will notify the Captain of the Port in chor. advance of all such proposed work. (D) The Master, owner or operator of (8) [Reserved] a vessel at anchor shall ensure that (9) A vessel upon being notified to any tug required by this section is of shift its position shall get under way at sufficient horsepower to assist with once or signal for a tug and shall necessary maneuvers to keep the vessel change position as directed with rea- clear of the navigation channel. sonable promptness. (iii) As used in this section, Captain (10) Nothing in this section shall be of the Port means the Commander of construed as relieving any vessel or the Sector Delaware Bay or any Coast owner or person in charge of any vessel Guard commissioned, warrant or petty from the penalties of law for obstruct- officer who has been authorized by the ing navigation or for obstructing or Captain of the Port to act on his be- interfering with range lights, or for not half. The Captain of the Port may be complying with the laws relating to contacted by telephone at (215) 271–4807 lights and fog signals or other naviga- or via VHF marine band radio, channel tion laws and regulations. 16. (11) Annually from September 1 until (c) Regulations for vessels carrying and December 31, additional requirements handling explosives. (1) All vessels car- and restrictions in this paragraph for rying explosives as defined in and sub- the use of anchorages defined in para- ject to Title 49 Code of Federal Regula- graphs (a)(7), (a)(8), and (a)(10) of this tions, Parts 171 through 177, or on section apply. which such explosives are to be loaded, (i) Before anchoring in Anchorage 7 shall obtain a permit from the Captain off Marcus Hook, as described in para- of the Port, except as provided in paragraph (a)(8) of this section, a vessel graph (c)(5) of this section. The max- must first obtain permission from the imum amount of explosives for which a Captain of the Port, Philadelphia, at permit is required in 49 CFR Parts 171 least 24 hours in advance of arrival. through 177, which may be carried or Permission to anchor will be granted loaded at any time by a vessel shall not on a ‘‘first-come, first-served’’ basis. exceed 800 tons, except in cases of great The Captain of the Port, Philadelphia, emergency or by special permit from will allow only one vessel at a time to the Captain of the Port. This written be at anchor in Anchorage 7, and no permit shall be obtained from the Cap- vessel may remain within Anchorage 7 tain of the Port before vessels carrying for more than 12 hours. Any vessel ar- explosives or on which explosives are riving from or departing to sea that re- to be loaded within the weight limit quires an examination by the public specified in paragraph (c)(1) of this sec- health service, customs or immigration tion, may anchor in any anchorge. Per- authorities will be directed to an an- mits will not be issued for Anchorage 2 chorage for the required inspection by under any circumstances. Such permit

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may be revoked at any time. All ves- chapter C—Hazardous Materials Regu- sels used in connection with loading, or lations’’ (49 CFR Parts 171 through 177). unloading explosives shall carry writ- [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as ten permits from the Captain of the amended by CGD 77–212A, 47 FR 20579, May Port, and shall show such permit when- 13, 1982; CGD 3–80–3A, 48 FR 13418, Mar. 31, ever required by him or his representa- 1983; CCGD 3–82–31, 48 FR 23638, May 26, 1983; tive. 48 FR 30622, July 5, 1983; CGD3–83–72, 49 FR (2) Vessels handling explosives shall 25444, June 21, 1984; CGD 92–050, 59 FR 39965, Aug. 5, 1994; CGD05–94–088, 60 FR 10020, Feb. be anchored so as to be at least 2,200 23, 1995; CGD05–04–035, 70 FR 40886, July 15, feet from any other vessel, but the 2005] number of vessels which may anchor in an anchorage at any one time shall be § 110.158 Baltimore Harbor, MD. at the discretion of the Captain of the North American Datum 1983. Port. This provision is not intended to (a) Anchorage Grounds—(1) Anchorage prohibit barges or lighters from tying No. 1, general anchorage. (i) The waters up alongside the vessels for the trans- bounded by a line connecting the fol- fer of cargo. lowing points: (3) Whenever a vessel or barge not Latitude Longitude mechanically self-propelled anchors 39°15′13.51″ N 76°34′07.76″ W while carrying explosives or while 39°15′11.01″ N 76°34′11.69″ W awaiting the loading of explosives, the 39°14′52.98″ N 76°33′52.67″ W Captain of the Port may require the at- 39°14′47.90″ N 76°33′40.73″ W tendance of a tug upon such vessel or barge when in his judgment such ac- (ii) No vessel shall remain in this an- tion is necessary. chorage for more than 12 hours without (4) Fishing and navigation are pro- permission from the Captain of the hibited within an anchorage whenever Port. occupied by an anchored vessel dis- (2) Anchorage No. 2, general anchorage. playing a red flag. (i) The waters bounded by a line connecting the following points: (5) The District Engineer, U.S. Army Corps of Engineers, may authorize, in Latitude Longitude writing, a vessel carrying explosives 39°14′46.23″ N 76°33′25.82″ W for use on river and harbor works or on 39°14′56.96″ N 76°33′37.15″ W other work under Department of the 39°15′08.55″ N 76°33′37.65″ W Army permit, to anchor in or near the 39°15′19.28″ N 76°33′24.49″ W vicinity of such work. The Captain of 39°15′19.33″ N 76°33′14.32″ W the Port will prescribe the conditions 39°15′14.19″ N 76°32′57.76″ W under which explosives shall be stored 39°15′06.87″ N 76°32′45.48″ W and handled in such cases. 39°14′41.37″ N 76°32′27.38′ W (6) Vessels carrying explosives or on 39°14′30.93″ N 76°32′33.52″ W which explosives are to be loaded, with- 39°14′46.27″ N 76°32′49.69″ W in the weight limit specified in para- 39°14′43.76″ N 76°32′53.62″ W graph (c)(1) of this section, shall com- 39°14′57.51″ N 76°33′08.13″ W ply with the general regulations in (ii) No vessel shall remain in this an- paragraph (b) of this section when ap- chorage for more than 72 hours without plicable. permission from the Captain of the (7) Nothing in this section shall be Port. construed as relieving any vessel or the (3) Anchorage No. 3, Upper, general an- owner or person-in-charge of any ves- chorage. sel, and all others concerned, of the du- (i) The waters bounded by a line con- ties and responsibilities imposed upon necting the following points: them to comply with the regulations Latitude Longitude governing the handling, loading or dis- 39°14′32.48″ N 76°33′11.31″ W charging of explosives entitled ‘‘Sub- 39°14′46.23″ N 76°33′25.82″ W 39°14′57.51″ N 76°33′08.13″ W 39°14′43.76″ N 76°32′53.62″ W

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(ii) No vessel shall remain in this an- permission from the Captain of the chorage for more than 24 hours without Port. permission from the Captain of the (8) Anchorage No. 7, Dead ship anchor- Port. age. (4) Anchorage No. 3, Lower, general an- (i) The waters bounded by a line con- chorage. necting the following points: (i) The waters bounded by a line con- Latitude Longitude necting the following points: 39°13′00.40″ N 76°34′10.40″ W Latitude Longitude 39°13′13.40″ N 76°34′10.81″ W 39°14′32.48″ N 76°33′11.31″ W 39°13′13.96″ N 76°34′05.02″ W 39°14′46.27″ N 76°32′49.69″ W 39°13′14.83″ N 76°33′29.80″ W 39°14′30.93″ N 76°32′33.52″ W 39°13′00.40″ N 76°33′29.90″ W 39°14′24.40″ N 76°32′39.87″ W ° ′ ″ ° ′ ″ (ii) The primary use of this anchor- 39 14 15.66 N 76 32 53.58 W age is to lay up dead ships. Such use (ii) No vessel shall remain in this an- has priority over other uses. Permis- chorage for more than 72 hours without sion from the Captain of the Port must permission from the Captain of the be obtained prior to the use of this an- Port. chorage for more than 72 hours. (5) Anchorage No. 4, general anchorage. (b) Definitions. As used in this sec- (i) The waters bounded by a line con- tion: Class 1 (explosive) materials means necting the following points: Division 1.1, 1.2, 1.3, and 1.4 explosives, Latitude Longitude as defined in 49 CFR 173.50. Dangerous cargo means certain dangerous cargo as 39°13′52.91″ N 76°32′29.60″ W ° ′ ″ ° ′ ″ defined in Sec. 160.203 of this title. 39 14 05.91 N 76 32 43.30 W (c) General regulations. (1) Except as ° ′ ″ ° ′ ″ 39 14 07.30 N 76 32 43.12 W otherwise provided, this section applies ° ′ ″ ° ′ ″ 39 14 17.96 N 76 32 26.41 W to vessels over 20 meters long and all ° ′ ″ ° ′ ″ 39 14 05.32 N 76 32 13.09 W vessels carrying or handling dangerous ° ′ ″ ° ′ ″ 39 14 00.46 N 76 32 17.77 W cargo or Class 1 (explosive) materials (ii) No vessel shall remain in this an- while anchored in an anchorage ground chorage for more than 72 hours without described in this section. permission from the Captain of the (2) Except in cases where unforeseen Port. circumstances create conditions of im- (6) Anchorage No. 5, general anchorage. minent peril, or with the permission of (i) The waters bounded by a line con- the Captain of the Port, no vessel shall necting the following points: be anchored in Baltimore Harbor and Latitude Longitude Patapsco River outside of the anchorage areas established in this section for ° ′ ″ ° ′ ″ 39 14 07.89 N 76 32 58.23 W more than 24 hours. No vessel shall an- ° ′ ″ ° ′ ″ 39 13 34.82 N 76 32 23.66 W chor within a tunnel, cable or pipeline ° ′ ″ ° ′ ″ 39 13 22.25 N 76 32 28.90 W area shown on a government chart. No ° ′ ″ ° ′ ″ 39 13 21.20 N 76 33 11.94 W vessel shall be moored, anchored, or (ii) No vessel shall remain in this an- tied up to any pier, wharf, or other ves- chorage for more than 72 hours without sel in such manner as to extend into es- permission from the Captain of the tablished channel limits. No vessel Port. shall be positioned so as to obstruct or (7) Anchorage No. 6, general anchorage. endanger the passage of any other ves- (i) The waters bounded by a line con- sel. necting the following points: (3) Except in an emergency, a vessel Latitude Longitude that is likely to sink or otherwise become a menace or obstruction to navi- 39°13′42.98″ N 76°32′19.11″ W gation or the anchoring of other ves- 39°13′20.65″ N 76°31′55.58″ W sels may not occupy an anchorage, un- 39°13′34.00″ N 76°31′33.50″ W less the vessel obtains a permit from 39°14′01.95″ N 76°32′02.65″ W the Captain of the Port. 39°13′51.01″ N 76°32′18.71″ W (4) The Captain of the Port may (ii) No vessel shall remain in this an- grant a revocable permit to a vessel for chorage for more than 72 hours without a habitual use of an anchorage. Only

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the vessel that holds the revocable per- (5) Each vessel handling or carrying mit may use the anchorage during the dangerous cargoes or Class 1 (explosive) period that the permit is in effect. materials while at anchor must display (5) Upon notification by the Captain by day a bravo flag in a prominent lo- of the Port to shift its position, a ves- cation and by night a fixed red light. sel at anchor shall get underway and [CGFR 68–132, 33 FR 18439, Dec. 12, 1968; 33 FR shall move to its new designated posi- 20039, Dec. 31, 1968] tion within 2 hours after notification. (6) The Captain of the Port may pre- EDITORIAL NOTE: For FEDERAL REGISTER ci- scribe specific conditions for vessels tations affecting § 110.158, see the List of CFR Sections Affected, which appears in the anchoring within the anchorages de- Finding Aids section of the printed volume scribed in this section, including, but and at www.fdsys.gov. not limited to, the number and location of anchors, scope of chain, readi- § 110.159 Annapolis Harbor, MD. ness of engineering plant and equip- (a) The Anchorage Grounds—(1) Naval ment, usage of tugs, and requirements Anchorage for Deep Draft Vessels. In the for maintaining communication guards Chesapeake Bay, bounded on the north on selected radio frequencies. by latitude 38°58′00″; on the east by a (7) No vessel at anchor or at a moor- line bearing 203° from latitude 38°58′00″, ing within an anchorage may transfer longitude 76°24′00″; on the south by lati- oil to or from another vessel unless the tude 38°56′30″; and on the west by a line vessel has given the Captain of the bearing 139° from Greenbury Point Port the four hours advance notice re- Shoal Light. This anchorage is required by § 156.118 of this chapter. served for deep draft naval vessels. (8) No vessel shall anchor in a ‘‘dead Berths in the area will be assigned on ship’’ status (propulsion or control un- application to the Superintendent, U.S. available for normal operations) with- Naval Academy. out prior approval of the Captain of the (2) Middle Ground Anchorage. Begin- Port. ning at a point in the Severn River (d) Regulations for vessels handling or 139°, 620 yards from Triton Light (lo- carrying dangerous cargoes or Class 1 (ex- cated at the intersection of the north- plosive) materials. (1) This paragraph (d) east and southeast seawall of the Naval applies to every vessel, except a U.S. Academy grounds); thence easterly to a naval vessel, handling or carrying dan- point 112°30′, 970 yards from Triton gerous cargoes or Class 1 (explosive) Light; thence southeasterly to a point materials. 274°, 1,045 yards from the radio tower at (2) The Captain of the Port may re- the tip of Greenbury Point; thence quire every person having business south-southeasterly to a point 233°30′, aboard a vessel handling or carrying 925 yards from the radio tower at the dangerous cargoes or Class 1 (explosive) tip of Greenbury Point; thence west to materials while in an anchorage, other a point 295°, 1,015 yards from Greenbury than a member of the crew, to hold a Point Shoal Light: thence northwest- form of identification prescribed in the erly to the point of beginning. vessel’s security plan. (3) South Anchorage. In the Severn (3) Each person having business River, beginning at a point on the aboard a vessel handling or carrying shoreline at Horn Point, Eastport, 168°, dangerous cargoes or Class 1 (explosive) 1,190 yards from Triton Light; thence materials while in an anchorage, other east to a point 294°, 1,075 yards from than a member of the crew, shall Greenbury Point Shoal Light; thence present the identification prescribed by northwest to a point 143°, 595 yards paragraph (d)(2) of this section to any from Triton Light; thence westerly to Coast Guard Boarding Officer who re- a point 209°, 700 yards from Triton quests it. Light; thence 180° to a point on the (4) Each non-self-propelled vessel shoreline at Eastport. No vessel shall handling or carrying dangerous cargoes anchor within 100 feet of any wharf, or Class 1 (explosive) materials must marine railway, or other structure have a tug in attendance at all times without the permission of the owner while at anchor. thereof.

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(4) Naval Anchorage for Small Craft. In great emergency, within this area shall the Severn River, beginning at a point be placed as close to an anchorage area 80 feet off the southeast seawall of the as practicable, and shall move away Naval Academy bearing 132° from Tri- immediately after the emergency ton Light; thence easterly to a point ceases. 072°30′, 285 yards from Triton Light; (3) No vessel shall be anchored in the thence southeasterly to a point 109°, cable and pipeline area, lying between 785 yards from Triton Light; thence the Naval Academy and the Naval Ship westerly to a point 211°, 537 yards from Research and Development Laboratory Triton Light; thence northwesterly to and having the following limits: South- a point 45 yards off the southeast sea- eastern limit, from Triton Light 072° to wall of the Naval Academy bearing white ‘‘Cable Crossing’’ sign at the 214°, 535 yards from Triton Light; Naval Ship Research and Development thence northeasterly to the point of be- Laboratory; northwestern limit, a line ginning. Except in the case of emer- bearing 054° from the Capitol Dome. gency, no vessel shall be anchored in (4) Except in the case of emergency, this area without the permission of the no vessel shall be anchored, without Superintendent, U.S. Naval Academy. permission of the Superintendent, U.S. Anchorages will be assigned upon re- Naval Academy, in the Naval Academy quest to the Superintendent, U.S. Drill area described as follows: Naval Academy. That portion of the Severn River (5) Spa Creek Anchorage. In Spa lying to the northeastward of the Creek, those waters bounded by a line Naval Academy, bounded on the north connecting the following points: by the State Highway Bridge and on 38°58′37.3″ N 76°28′48.1″ W the south by the northern limit of the 38°58′36.1″ N 76°28′57.8″ W cable and pipeline area, excluding that ° ′ ″ ° ′ ″ 38 58 31.6 N 76 29 03.3 W area off the eastern shoreline enclosed 38°58′26.7″ N 76°28′59.5″ W by a line bearing approximately 131° Datum: NAD 83 from the eastern abutment of the State Highway Bridge to the vicinity of NOTE: The City Council of Annapolis has promulgated local ordinances to the control Ferry Point. This drill area also in- building of structures, and mooring and an- cludes the lower part of Dorseys Creek chorage of vessels in anchorages (a)(3), and below the Naval Academy Drawbridge. (a)(5). These local ordinances will be en- Requests to anchor in this drill area forced by the local Harbor Master. shall be made to the Superintendent, (b) The regulations. (1) Except in the U.S. Naval Academy. case of emergency, no vessel shall be (5) The restrictions in this section do anchored in the area to the north and not apply to the anchoring or marking east of the Annapolis Channel bounded by buoys of apparatus used for the pur- on the east by Greenbury Point; on the pose of taking seafood, except within south by a line bearing 270° from the the cable or pipeline area described in southern tip of Greenbury Point; on paragraph (b)(3) of this section. the west by the Annapolis Channel; on (6) The regulations in paragraph (b) the north by the southern boundry of of this section shall be enforced by the the cable area and the shoreline of the Superintendent, U.S. Naval Academy, Government reservation and Carr and such agencies as he may designate. Creek. [CGFR 68–97, 34 FR 9677, June 20, 1969, as (2) Except in the case of emergency, amended by CGD 05–81–15R, 47 FR 29658, no vessel shall be anchored in Annap- 29659, July 8, 1982; CGD05–93–103, 60 FR 27696, olis Harbor to the westward of the May 25, 1995; 60 FR 45776, Sept. 1, 1995] dredged channel and northward of the southern boundry of the South Anchor- § 110.166 York River, Va., naval an- age outside of the established anchor- chorage. age areas, except in Spa Creek and the (a) The anchorage grounds. Between area to the southwestward of the Naval Yorktown and the Naval Mine Depot, anchorage for small craft. No vessel beginning at latitude 37°15′34″, lon- shall be so anchored that any part of gitude 76°31′25″; thence to latitude the vessel extends at any time within 37°15′25″, longitude 76°31′39.5″; thence to this area. Any vessel anchoring, under latitude 37°16′21.5″, longitude 76°32′46″;

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° ′ ″ thence to latitude 37 17 07.5 , longitude 36°55′49.5″ N 76°10′31.6″ W 76°34′17″; thence to latitude 37°17′55″, 36°58′04.5″ N 76°10′00.9″ W longitude 76°35′14.5″; thence to latitude ° ′ ″ ° ′ ″ 37°18′05″, longitude 76°35′01″; thence to 36 57 31.7 N 76 07 53.6 W ° ′ ″ ° ′ ″ latitude 37°17′20″, longitude 76°34′07″; 36 55 24.6 N 76 08 27.6 W thence to latitude 37°16′33.5″, longitude 76°32′34″, and thence to the point of be- (iv) Anchorage E [Commercial Explo- ginning. sives Anchorage]. The waters bounded (b) The regulations. This anchorage is by a line connecting the following reserved for the exclusive use of naval points: vessels and except in cases of emer- Latitude Longitude gency, no other vessel shall anchor 36°59′59.2″ N 76°13′45.8″ W therein without permission from the 36°59′08.7″ N 76°10′32.6″ W local naval authorities, obtained 36°58′13.5″ N 76°10′50.6″ W through the Captain of the Port, Nor- ° ′ ″ ° ′ ″ folk, Virginia. Movement of vessels 36 59 02.5 N 76 14 08.9 W through the anchorage will not be restricted. (v) Explosives Handling Berth E–1 [Ex- plosives Anchorage Berth]. The waters § 110.168 Hampton Roads, Virginia and bounded by the arc of a circle with a adjacent waters (Datum: NAD 83). radius of 500 yards and the center lo- (a) Anchorage Grounds—(1) Anchorage cated at: A [Naval Anchorage]. The waters bound- Latitude Longitude ed by the shoreline and a line con- 36°59′05.5″ N 76°11′21.8″ W necting the following points: (3) Hampton Roads Anchorages. (i) An- Latitude Longitude chorage F, Hampton Bar. The waters ° ′ ″ ° ′ ″ 36 55 36.2 N 76 02 46.3 W bounded by a line connecting the fol- ° ′ ″ ° ′ ″ 36 57 03.3 N 76 03 01.4 W lowing points: 36°56′45.5″ N 76°01′28.8″ W 36°55′55.7″ N 76°01′35.7″ W Latitude Longitude ° ′ ″ ° ′ ″ (2) Chesapeake Bay, Thimble Shoals 36 59 25.5 N 76 20 05.8 W ° ′ ″ ° ′ ″ Channel Anchorages. 36 59 52.1 N 76 19 10.8 W (i) Anchorage B [Naval Anchorage]. 36°59′25.7″ N 76°18′47.3″ W The waters bounded by a line con- 36°58′49.6″ N 76°19′32.6″ W necting the following points: (ii) The waters Latitude Longitude Anchorage Berth F–1. bounded by the arc of a circle with a ° ′ ″ ° ′ ″ 36 57 58.5 N 76 06 05.8 W radius of 500 yards and the center lo- ° ′ ″ ° ′ ″ 36 57 11.5 N 76 03 00.9 W cated at: 36°55′49.3″ N 76°03′12.8″ W 36°56′32.3″ N 76°06′05.8″ W Latitude Longitude 36°57′04.5″ N 76°06′05.8″ W 36°59′29.6″ N 76°19′13.9″ W 36°57′09.0″ N 76°06′23.3″ W (iii) Anchorage G, Hampton Flats (ii) Anchorage C [Naval Anchorage]. (Naval Explosives Anchorage). The wa- The waters bounded by a line con- ters bounded by a line connecting the necting the following points: following points: Latitude Longitude 36°58′55.3″ N 76°09′40.3″ W 36°58′19.3″ N 76°07′16.8″ W 36°57′27.5″ N 76°07′36.3″ W Latitude Longitude 36°58′04.5″ N 76°09′58.8″ W 36°59′25.0″ N 76°20′07.0″ W 36°58′49.1″ N 76°19′33.8″ W (iii) Anchorage D [Naval Anchorage]. 36°57′41.4″ N 76°21′07.7″ W The waters bounded by the shoreline 36°57′34.6″ N 76°21′26.7″ W and a line connecting the following 36°57′31.1″ N 76°22′01.9″ W points: 36°58′07.0″ N 76°22′03.0″ W Latitude Longitude 36°58′54.8″ N 76°21′42.6″ W 481

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(iv) Explosives Handling Berth G–1. (ii) Anchorage Berth I–1. The waters The waters bounded by the arc of a cir- bounded by the arc of a circle with a cle with a radius of 500 yards and the radius of 400 yards and the center lo- center located at: cated at: Latitude Longitude Latitude Longitude 36°57′50.5″ N 76°21′35.8″ W 36°57′09.0″ N 76°25′20.4″ W (iii) Anchorage Berth I–2. The waters (v) Explosives Handling Berth G–2. The bounded by the arc of a circle with a waters bounded by the arc of a circle radius of 400 yards and with the center with a radius of 500 yards and the cen- located at: ter located at: Latitude Longitude ° ′ ″ ° ′ ″ 36 58 14.5 N 76 21 00.3 W Latitude Longitude (vi) Explosives Handling Berth G–3. 36°57′23.8″ N 76°25′46.0″ W The waters bounded by the arc of a cir- (iv) Anchorage J, Newport News Middle cle with a radius of 500 yards and with Ground. The waters bounded by a line the center located at: connecting the following points:

Latitude Longitude Latitude Longitude ° ′ ″ ° ′ ″ 36 58 34.2 N 76 20 31.4 W 36°55′59.9″ N 76°22′11.7″ W (vii) Explosives Handling Berth G–4. 36°55′59.9″ N 76°24′00.0″ W The waters bounded by the arc of a cir- 36°56′25.3″ N 76°23′48.0″ W cle with a radius of 500 yards and with 36°57′10.2″ N 76°24′09.9″ W the center located at: 36°57′12.0″ N 76°23′47.3″ W 36°56′38.5″ N 76°21′39.1″ W Latitude Longitude 36°56′38.5″ N 76°20′47.0″ W (v) Anchorage K, Newport News Middle 36°58′54.9″ N 76°20′03.2″ W Ground. The waters bounded by a line (viii) Anchorage H, Newport News Bar. connecting the following points: The waters bounded by a line connecting the following points: Latitude Longitude Latitude Longitude ° ′ ″ ° ′ ″ 36 57 38.8 N 76 24 18.5 W 36°57′56.4″ N 76°20′30.5″ W 36°57′52.3″ N 76°22′29.7″ W 36°57′08.5″ N 76°20′31.0″ W 36°58′07.4″ N 76°22′01.8″ W 36°56′48.8″ N 76°20′22.5″ W 36°57′31.6″ N 76°22′00.6″ W 36°56′45.0″ N 76°20′32.0″ W 36°57′18.7″ N 76°24′10.1″ W 36°56′45.0″ N 76°21′37.7″ W 36°57′14.1″ N 76°23′29.1″ W (4) James River Anchorages. (i) Anchor- 36°57′28.1″ N 76°21′11.7″ W age I, Newport News. The waters bounded by a line connecting the following (vi) Anchorage Berth K–1. The waters points: bounded by the arc of a circle with a radius of 400 yards and with the center Latitude Longitude located at: 36°58′49.0″ N 76°27′09.8″ W 36°58′35.9″ N 76°26′37.2″ W 36°57′52.2″ N 76°26′01.6″ W Latitude Longitude 36°57′31.1″ N 76°25′33.3″ W ° ′ ″ ° ′ ″ 36°57′07.2″ N 76°24′43.1″ W 36 57 30.5 N 76 20 45.3 W 36°56′23.1″ N 76°24′26.8″ W (vii) Anchorage Berth K–2. The waters 36°56′03.5″ N 76°24′35.8″ W bounded by the arc of a circle with a 36°57′54.2″ N 76°26′40.3″ W radius of 400 yards and with the center 36°58′23.5″ N 76°27′09.8″ W located at:

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Latitude Longitude 37°17′13.7″ N 76°06′41.6″ W 36°57′16.8″ N 76°21′09.5″ W 37°17′30.3″ N 76°05′53.9″ W ° ′ ″ ° ′ ″ (viii) Anchorage Berth L, Craney Is- 37 16 25.0 N 76 05 18.4 W ° ′ ″ ° ′ ″ land Flats. The waters bounded by a 37 16 08.4 N 76 06 06.0 W line connecting the following points: (i) Anchorage Berth Q–1. The waters bounded by the arc of a circle with a radius of 500 yards and with the center located at: Latitude Longitude 36°55′59.9″ N 76°22′11.7″ W 36°56′38.5″ N 76°20′45.5″ W ° ′ ″ ° ′ ″ 36 56 30.0 N 76 20 24.3 W Latitude Longitude 36°56′04.2″ N 76°20′26.2″ W 37°17′05.7″ N 76°06′08.9″ W (5) Elizabeth River Anchorages. (i) An- chorage M, Port Norfolk. The waters (ii) Anchorage Berth Q–2. The waters bounded by a line connecting the fol- bounded by the arc of a circle with a lowing points: radius of 500 yards with the center located at:

Latitude Longitude 36°51′45.7″ N 76°19′31.5″ W Latitude Longitude ° ′ ″ ° ′ ″ 36 51 45.8 N 76 19 20.7 W 37°16′33.0″ N 76°05′51.1″ W 36°51′37.8″ N 76°19′24.3″ W 36°51′32.5″ N 76°19′31.1″ W (b) Definitions. As used in this sec- 36°51′40.7″ N 76°19′37.3″ W tion— 36°51′45.7″ N 76°19′31.5″ W Class 1 (explosive) materials means Di- (ii) Anchorage N, Hospital Point. The vision 1.1, 1.2, 1.3, and 1.4 explosives, as waters bounded by a line connecting defined in 49 CFR 173.50. the following points: Dangerous cargo means ‘‘certain dangerous cargo’’ as defined in § 160.204 of this title. U.S. naval vessel means any vessel Latitude Longitude owned, operated, chartered, or leased 36°51′05.4″ N 76°18′22.4″ W by the U.S. Navy; any pre-commis- 36°50′50.0″ N 76°18′00.0″ W sioned vessel under construction for 36°50′36.7″ N 76°17′52.8″ W the U.S. Navy, once launched into the 36°50′33.6″ N 76°17′58.8″ W water; and any vessel under the oper- 36°50′49.3″ N 76°18′09.0″ W ational control of the U.S. Navy or a 36°50′50.3″ N 76°18′07.8″ W Combatant Command. ° ′ ″ ° ′ ″ 36 50 56.2 N 76 18 12.5 W (c) General regulations. (1) Except as ° ′ ″ ° ′ ″ 36 51 01.8 N 76 18 32.3 W otherwise provided, this section applies (iii) Anchorage O, The Hague. The wa- to vessels over 20 meters long and ves- ters of the basin known as ‘‘The sels carrying or handling dangerous Hague’’, north of the Brambleton Ave- cargo or Class 1 (explosive) materials nue Bridge, except for the area within while anchored in an anchorage ground 100 feet of the bridge span that provides described in this section. access to and from the Elizabeth River. (2) Except as otherwise provided, a (6) Anchorage Q. Quarantine Anchor- vessel may not occupy an anchorage age. The waters bounded by a line con- for more than 30 days, unless the vessel necting the following points: obtains permission from the Captain of the Port.

Latitude Longitude

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(3) Except in an emergency, a vessel four hours advance notice required by that is likely to sink or otherwise be- § 156.118 of this title. come a menace or obstruction to navi- (12) Barges may not anchor in the gation or to the anchoring of other ves- deeper portions of anchorages or inter- sels, may not occupy an anchorage, un- fere with the anchoring of deep-draft less the vessel obtains permission from vessels. the Captain of the Port. (13) Barges towed in tandem to an an- (4) The Captain of the Port may, chorage must be nested together when upon application, assign a vessel to a anchored. specific berth within an anchorage for (14) Any vessel anchored or moored in a specified period of time. an anchorage adjacent to the Chesa- (5) The Captain of the Port may peake Bay Bridge Tunnel or Monitor- grant a revocable permit to a vessel for Merrimac Bridge Tunnel (MMBT) must a habitual use of a berth. Only the ves- be capable of getting underway within sel that holds the revocable permit 30 minutes with sufficient power to may use the berth during the period keep free of the bridge tunnel complex. that the permit is in effect. (15) A vessel may not anchor or moor (6) The Commander, Fifth Coast in an anchorage adjacent to the Chesa- Guard District, may authorize the es- peake Bay Bridge Tunnel or Monitor- tablishment and placement of tem- Merrimac Bridge Tunnel (MMBT) if its steering or main propulsion equipment porary mooring buoys within a berth. is impaired. Placement of a fixed structure within (d) Regulations for vessels handling or an anchorage may be authorized by the carrying dangerous cargoes or Class 1 (ex- District Engineer, U.S. Army Corps of plosive) materials. This paragraph ap- Engineers. plies to every vessel, except a naval (7) If an application is for the long- vessel, handling or carrying dangerous term lay up of a vessel, the Captain of cargoes or Class 1 (explosive) mate- the Port may establish special condi- rials. tions in the permit with which the ves- (1) Unless otherwise directed by the sel must comply. Captain of the Port, each commercial (8) Upon notification by the Captain vessel handling or carrying dangerous of the Port to shift its position within cargoes or Class 1 (explosive) materials an anchorage, a vessel at anchor must must be anchored or moored within get underway at once or signal for a Anchorage Berth E–1. tug. The vessel must move to its new (2) Each vessel, including each tug location within 2 hours after notifica- and stevedore boat, used for loading or tion. unloading dangerous cargoes or Class 1 (9) The Captain of the Port may pre- (explosive) materials in an anchorage, scribe specific conditions for vessels must have permission issued by the anchoring within the anchorages de- Captain of the Port. scribed in this section, including, but (3) The Captain of the Port may re- not limited to, the number and loca- quire every person having business tion of anchors, scope of chain, readi- aboard a vessel handling or carrying ness of engineering plant and equip- dangerous cargoes or Class 1 (explosive) ment, usage of tugs, and requirements materials while in an anchorage, other for maintaining communications than a member of the crew, to hold a guards on selected radio frequencies. form of valid identification. (10) A vessel that does not have a suf- (4) Each person having business ficient crew on board to weigh anchor aboard a vessel handling or carrying at any time must have two anchors in dangerous cargoes or Class 1 (explosive) place, unless the Captain of the Port materials while in an anchorage, other waives this requirement. Members of than a member of the crew, must the crew may not be released until the present the identification prescribed by required anchors have been set. paragraph (d)(3) of this section to any (11) No vessel at anchor or at a moor- Coast Guard boarding officer who re- ing within an anchorage may transfer quests it. oil to another vessel unless the vessel (5) Each non-self-propelled vessel has given the Captain of the Port the handling or carrying dangerous cargoes

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or Class 1 (explosive) materials must (ii) When handling or transferring have a tug in attendance at all times Class 1 (explosive) materials in Anchor- while at anchor. age G, naval vessels must comply with (6) Each vessel handling or carrying Department of Defense Ammunition dangerous cargoes or Class 1 (explosive) and Explosives Safety Standards, or materials while at anchor must display the standards in this section, which- by day a red flag (Bravo flag) in a ever are the more stringent. prominent location and by night a (iii) When barges and other vessels fixed red light. are berthed at the Ammunition Barge (e) Regulations for Specific Anchor- Mooring Facility, located at latitude ages—(1) Anchorages A, B, C, and D. Ex- 36°58′34″ N, longitude 76°21′12″ W., no cept for a naval vessel, military sup- other vessel, except a vessel that is report vessel, or vessel in an emergency ceiving or offloading Class 1 (explosive) situation, a vessel may not anchor in materials, may anchor within 1,000 Anchorages A, B, C, or D without the yards of the Ammunition Barge Moor- permission of the Captain of the Port. ing Facility. Vessels transferring class The Captain of the Port must consult 1 (explosive) materials must display by with the Commander, Naval Amphib- day a red flag (Bravo flag) in a promi- ious Base Little Creek, before granting nent location and by night a fixed red a vessel permission to anchor in An- light. chorages A, B, C, or D. (iv) Whenever a vessel is handling or (2) Anchorage E. (i) A vessel may not transferring Class 1 (explosive) mate- anchor in Anchorage E without permis- rials while at anchor in Anchorage G, sion from the Captain of the Port. no other vessel may anchor in Anchor- (ii) The Captain of the Port must age G without the permission of the give commercial vessels priority over Captain of the Port. The Captain of the naval and public vessels. Port must consult with the Com- (iii) The Captain of the Port may at mander, Naval Station Norfolk, before any time revoke permission to anchor granting a vessel permission to anchor in Anchorage E issued under the au- in Anchorage G. thority of paragraph (e)(4)(i) of this (v) A vessel located within Anchorage section. G may not handle or transfer Class 1 (iv) A vessel may not anchor in An- (explosive) materials within 400 yards chorage Berth E–1, unless it is handling of Norfolk Harbor Entrance Reach. or carrying dangerous cargoes or Class (vi) A vessel may not handle or trans- 1 (explosive) materials. fer Class 1 (explosive) materials within (v) A vessel may not anchor within 850 yards of another anchored vessel, 500 yards of Anchorage Berth E–1 with- unless the other vessel is also handling out the permission of the Captain of or transferring Class 1 (explosive) ma- the Port, if the berth is occupied by a terials. vessel handling or carrying dangerous cargoes or Class 1 (explosive) mate- (vii) A vessel may not handle or rials. transfer Class 1 (explosive) materials (3) Anchorage F. A vessel having a within 850 yards of Anchorage F or H. draft less than 45 feet may not anchor (5) Anchorage I: Anchorage Berths I–1 in Anchorage F without the permission and I–2. A vessel that is 500 feet or less of the Captain of the Port. No vessel in length or that has a draft of 30 feet may anchor in Anchorage F for a or less may not anchor in Anchorage longer period than 72 hours without Berth I–1 or I–2 without the permission permission from the Captain of the of the Captain of the Port. Port. Vessels expecting to be at anchor (6) Anchorage K: Anchorage Berths K– for more than 72 hours must obtain 1 and K–2. A vessel that is 500 feet or permission from the Captain of the less in length or that has a draft of 30 Port. feet or less may not anchor in Anchor- (4) Anchorage G. (i) Except for a naval age Berth K–1 or K–2 without the per- vessel, a vessel may not anchor in An- mission of the Captain of the Port. chorage G without the permission of (7) Anchorage N. Portions of this an- the Captain of the Port. chorage are a special anchorage area

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under § 110.72aa of this part during ma- (4) Nothing in this section shall be rine events regulated under § 100.501 of construed as relieving the owner, mas- this chapter. ter, or person in charge of any vessel (8) Anchorage O. (i) A vessel may not from the penalties of the law for ob- anchor in Anchorage O unless it is a structing navigation or for not com- recreational vessel. plying with the navigation laws in re- (ii) No float, raft, lighter, houseboat, gard to lights, fog signals, etc. or other craft may be laid up for any [CGFR 69–1, 34 FR 839, Jan. 18, 1969] reason in Anchorage O without the permission of the Captain of the Port. § 110.173 Port of Charleston, SC. (9) Anchorage Q: Quarantine Anchor- (a) The anchorage grounds—(1) Com- age. (i) A vessel that is arriving from or mercial Anchorage A. This anchorage is departing for sea and that requires an located adjacent to the western edge of examination by public health, customs, Folly Island Channel and southwest of or immigration authorities shall an- Rebellion Reach and is bounded by the chor in Anchorage Q. Vessels not need- following coordinates: ing examination may use Anchorage Q at any time. 32°45′34″ N., 79°52′12″ W.; to (ii) Every vessel using Anchorage Q 32°46′17″ N., 79°53′21″ W.; to must be prepared to move promptly 32°45′51″ N., 79°53′23″ W.; to under its own power to another loca- 32°45′34″ N., 79°52′55″ W.; thence back to ° ′ ″ ° ′ ″ tion when directed by the Captain of 32 45 34 N., 79 52 12 W. the Port, and must promptly vacate (2) Commercial Anchorage B. This an- Anchorage Q after being examined and chorage is located adjacent to the released by authorities. south side of South Channel and bound- (iii) Any non-self-propelled vessel ed by the following coordinates: using Anchorage Q must have a tug- 32°45′28″ N., 79°53′40″ W.; to boat in attendance while undergoing 32°45′28″ N., 79°54′46″ W.; to examination by quarantine, customs, 32°45′19″ N., 79°54′46″ W.; to or immigration authorities, except 32°45′12″ N., 79°54′06″ W.; to with the permission of the Captain of 32°45′16″ N., 79°53′40″ W.; thence back to the Port. 32°45′28″ N., 79°53′40″ W. [CGD05–04–043, 70 FR 29955, May 25, 2005, as (3) Commercial Anchorage C. This an- amended by USCG–2008–0041, 73 FR 5746, Jan. chorage is located 1800 yards, 118° true 31, 2008] from St. Michaels Church Spire and has a diameter of 500 yards. Vessels § 110.170 Lockwoods Folly Inlet, N.C. using this anchorage must anchor in (a) Explosives Anchorage. Beginning at the center. a point southeast of Shallotte Inlet at (4) Commercial Anchorage D. This an- latitude 33°52′31″, longitude 78°18′49″; chorage is located 51°30′ true, 1375 yards thence south to latitude 33°51′31″, lon- from St. Michaels Church Spire and gitude 78°18′42″; thence east to latitude has a diameter of 1400 feet. The use of 33°51′51″, longitude 78°14′35″; thence this anchorage is limited to loaded ves- north to latitude 33°52′52″, longitude sels for a period of not more than 24 78°14′40″; thence west to the point of be- hours. ginning. (b) The regulations. (1) Except in cases (b) General regulations. (1) This an- of great emergency, no vessel shall be chorage is reserved for the exclusive anchored in the main ship channels as use of vessels carrying explosives. defined by broken lines marking their (2) Vessels in this anchorage shall boundaries on NOAA Chart 11524. Ves- not anchor closer than 1,500 yards to sels must be anchored in such a way as one another. This provision is not in- not to interfere with the free naviga- tended to prohibit barges or lighters tion of channels in the port, including from lying alongside vessels for trans- Cooper, Ashley, Wando Rivers, and fer of cargo. Town Creek, nor to obstruct the ap- (3) The maximum quantity of explo- proach to any pier or entrance to any sives aboard any vessel that may be in slip, nor to impede the movement of this anchorage is 8,000 tons. any vessel or craft.

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(2) Vessels using the anchorages op- (11) No vessel may conduct lightering posite the eastern waterfront of operations in an anchorage without Charleston shall place their anchors as permission from the Captain of the near as possible in the center of the an- Port. chorage. Vessels not using a designated (12) When the use of an anchorage is commercial anchorage shall not place required by naval vessels, the vessels their anchors within the main ship anchored therein shall move when the channels, nor shall be so anchored as to Captain of the Port directs them. swing within 400 feet of any wharf or (13) Nothing in this section shall be pier on the eastern waterfront of construed as relieving the owner or Charleston. Vessels may be so anchored person in charge of any vessel from the as to swing into the main ship channels penalties of law for obstructing naviga- only if they are so placed with ref- tion, or for obstructing or interfering erence to the customary winds, tides, with range lights, or for not complying and currents of the harbor, as to swing with the navigation laws in regard to only during slack water, and that dur- lights, fog signals, etc. ing this period there shall remain in the waters adjacent to the channel an [CGD7 83–15, 49 FR 26587, June 28, 1984] area of sufficient depth as to permit the safe passage of loaded vessels. § 110.179 Skidaway River, Isle of Hope, Ga. (3) No vessel may anchor within the designated anchorages for more than 72 (a) The anchorage ground. An area in hours without the prior approval of the Skidaway River beginning at a point Captain of the Port. on the mean low water line 400 feet (4) No vessel may anchor unless it south of Brady Boat Works, thence maintains a bridge watch, guards and 76°30′, 300 feet to a buoy; thence 152°30′, answers Channel 16 FM, and maintains 900 feet to a buoy; thence 251°00′, 450 an accurate position plot. feet to the mean low water line at (5) If any anchored vessel is so close Wymberly Yacht Club dock. to another that a collision is probable, (b) The regulations. (1) Except in cases each vessel must communicate with of great emergency, no vessels shall an- the other vessel and the Captain of the chor in Skidaway River between the Port on Channel 16 FM and shall act to north end of Barbee’s dock and south- eliminate the close proximity situa- ward to Day Marker 48 except in the tion. anchorage area hereby defined and es- (6) No vessel may anchor unless it tablished: Provided, however, That ves- maintains the capability to get under- sels may moor to any lawfully conway within 4 hours. structed wharf. (7) No vessel may anchor in a ‘‘dead (2) Except in cases of great emer- ship’’ status (propulsion or control un- gency, no vessel shall be anchored available for normal operations) with- where it can swing within 50 feet of any out the prior approval of the Captain of lawfully constructed wharf or within 50 the Port. feet of the mean low water line, nor (8) Dragging of anchors in or across shall any vessel be so anchored that main ship channels and cable areas is any portion of the hull or rigging shall prohibited. at any time extend outside the bound- (9) Vessels which, through force of ary of the anchorage area. great emergency, are anchored con- (3) Any vessel anchoring under cir- trary to the foregoing regulations in cumstances of great emergency outside this section shall be shifted to new the anchorage area should be placed in berths in accordance with such regula- such a position as not to interfere with tions at the earliest opportunity. the free navigation of the channel nor (10) A vessel, upon notification from obstruct the approach to any lawfully the Captain of the Port to shift its po- constructed wharf nor impede the sition in anchorage grounds must get movement of any boat, and shall move underway at once or signal for a tug, away immediately after the emergency and must change position as directed ceases or upon notification of the Dis- with reasonable promptness. trict Commander.

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(4) No vessels with an overall length (3) No more than 500,000 pounds net greater than 65 feet will use the an- high explosives or equivalent may be chorage area except in cases of great exposed in the area at any one time. emergency. (d) The regulations in this section (5) Vessels operating within the an- shall be enforced by the Commanding chorage area will not exceed a speed of Officer, U.S. Naval Station, Mayport, five (5) miles per hour. Fla., or other agencies that he may designate. § 110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla. § 110.183 St. Johns River, Florida. (a) The Anchorage areas—(1) Anchor- (a) The anchorage grounds—(1) An- ages for aircraft carriers and other deep chorage A. (Upper Anchorage) The An- draft vessels. Four circular areas each chorage is established within the fol- with a radius of 600 yards and with lowing coordinates, the area enclosed their centers located at: ‘‘A’’—latitude by a line starting at the south shore 30°25′35″, longitude 81°21′23″; ‘‘B’’—lati- westerly of the entrance to Miller tude 30°26′13″, longitude 81°21′13″; ‘‘C’’— Creek at ° ′ ″ ° ′ ″ latitude 30 26 19 , longitude 81 20 27 ; 30°18′43.8″ N, 081°38′15.0″ W; thence to ‘‘D’’—latitude 30°26′55″, longitude 30°18′52.8″ N, 081°38′15.0″ W; thence to 81°20′47″. 30°18′47.6″ N, 081°37′47.6″ W; thence to (2) Anchorages for destroyers and other 30°18′55.0″ N, 081°37′29.0″ W; thence to ships of similar size. Six circular areas 30°19′06.0″ N, 081°37′27.0″ W; thence to each with a radius of 300 yards and 30°19′06.0″ N, 081°37′02.0″ W; thence to ° ′ ″ ° ′ ″ with their centers located at: ‘‘1’’—lati- 30 19 01.2 N, 081 37 02.0 W; thence returning to the point of beginning. tude 30°24′38″; longitude 81°21′57″; ‘‘2’’— latitude 30°24′57″, longitude 81°21′58″; (2) Anchorage B. (Lower Anchorage) ‘‘3’’—latitude 30°24′56″, longitude The Anchorage is established within 81°21′38″; ‘‘4’’—latitude 30°25′13″, lon- the following coordinates, the area en- gitude 81°22′05″; ‘‘5’’—latitude 30°25′13″, closed by a line starting at a point on longitude 81°21′43″; ‘‘6’’—latitude the eastern shore of the river at ‘Floral 30°25′07″, longitude 81°21′24″. Bluff’ at (3) Explosives anchorage. The circular 30°21′00.0″ N, 081°36′41.0″ W; thence to area ‘‘A’’ described in paragraph (a)(1) 30°20′00.0″ N, 081°37′03.0″ W; thence to of this section is also designated as an 30°21′00.0″ N, 081°37′06.0″ W; thence to explosives anchorage for use during pe- 30°21′50.0″ N, 081°36′56.0″ W; thence to riods when ammunition must be han- 30°21′54.0″ N, 081°36′48.0″ W; thence re- dled outside the limits of the U.S. turning to the point of beginning. Naval Station, Mayport, Fla. (b) The regulations. (1) Except in cases (b) The regulations for all designated of emergency, only vessels meeting the areas. (1) Usage of these areas by naval conditions and restrictions of this vessels shall predominate only when paragraph will be authorized by the necessary for military requirements; at Captain of the Port to anchor in the such times other vessels shall remain St. Johns River, as depicted on NOAA clear of the areas. chart 11491, between the entrance buoy (2) Prudent assignment of the an- (STJ) and the Main Street Bridge (in chorage areas shall be made by the position 30°19′20″ N, 81°39′32″ W). Vessels Commanding Officer, U.S. Naval Sta- unable to meet any of the following tion, Mayport, Fla. conditions and restrictions must ob- (c) Additional regulations for Explosives tain specific authorization from the Anchorage Area ‘‘A’’. (1) When occupied Captain of the Port prior to anchoring by a vessel handling explosives, no in Anchorage A or B. other vessel may enter the area unless (2) All vessels intending to enter and authorized by the enforcing agency. anchor in Anchorage A or B shall no- (2) Only one vessel handling explo- tify the Captain of the Port prior to en- sives may anchor in the area at one tering. time. A patrol craft shall be utilized to (3) Anchorages A and B are tem- assure that other vessels remain clear porary anchorages. Additionally, An- when explosives are exposed or being chorage B is used as a turning basin. transferred to and from the anchorage. Vessels may not anchor for more than

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24 hours in either anchorage without established, except in cases of great specific written authorization from the emergency. Captain of the Port. (2) Vessels anchoring under cir- (4) All vessels at anchor must main- cumstances of great emergency outside tain a watch on VHF-FM channels 13 the anchorage areas shall be shifted to and 16 by a person fluent in English, new positions within the anchorage and shall make a security broadcast on areas immediately after the emergency channel 13 upon anchoring and every 4 ceases. hours thereafter. [CGD 7–85–10, 51 FR 11726, Apr. 7, 1986] (5) Anchorage A is restricted to vessels less than 250 feet in length. § 110.186 Port Everglades, Florida. (6) Anchorage B is restricted to ves- (a) The anchorage grounds. The an- sels with a draft of 24 feet or less, re- chorage grounds, the center of which is gardless of length. located approximately two and one half (7) Any vessel transferring petroleum miles northeast of the entrance to Port products within Anchorage B shall Everglades, is an area bounded by a have a pilot or Docking Master aboard, line connecting points with the fol- and employ sufficient assist tugs to as- lowing North American Datum 83 co- sure the safety of the vessel at anchor ordinates: and any vessels transiting the area. (8) Any vessel over 300 feet in length Latitude Longitude within Anchorage B shall have a Pilot 26–08′26.934″ N ...... 080–04′28.240″ W or Docking Master aboard, and employ 26–08′08.560″ N ...... 080–04′16.158″ W 26–07′56.000″ N ...... 080–04′17.486″ W sufficient assist tugs to assure the safe- 26–07′56.000″ N ...... 080–02′42.623″ W ty of the vessel at anchor and any ves- 26–07′19.500″ N ...... 080–02′53.153″ W sels transiting the area. 26–07′19.500″ N ...... 080–04′28.800″ W 26–06′35.160″ N ...... 080–04′28.800″ W [CGD07–93–035, 60 FR 14220, Mar. 16, 1995, as 26–06′35.160″ N ...... 080–04′38.694″ W ′ ″ ′ ″ amended by CGD07–99–023, 64 FR 42279, Aug. 26–08 26.934 N ...... 080–04 28.240 W 4, 1999] (b) The regulations. (1) Commercial § 110.185 Atlantic Ocean, off the Port vessels in the Atlantic Ocean in the vi- of Palm Beach, FL. cinity of Port Everglades shall anchor only within the anchorage area hereby (a) The anchorage grounds. (1) An- defined and established, except in cases chorage A. The waters lying within an of emergency. area bounded by a line beginning at (2) Prior to entering the anchorage ° ′ ″ ° ′ ″ latitude 26 50 00 N., longitude 80 01 12 area, all vessels shall notify the Coast ° ′ ″ W.; thence westerly to latitude 26 50 00 Guard Captain of the Port, via the Port ° ′ ″ N., longitude 80 01 30 W.; thence south- Everglades Harbormaster, on VHF-FM erly to latitude 26°47′30″ N., longitude Channel 14. 80°01′30″ W.; thence easterly to latitude (3) All vessels within the designated 26°47′30″ N., longitude 80°01′12″ W.; and anchorage area shall maintain a 24- thence northerly to the point of begin- hour bridge watch by a licensed or ning. credentialed deck officer proficient in (2) Anchorage B. The waters lying English, monitoring VHF–FM channel within an area bounded by a line begin- 16. This individual shall confirm that ning at latitude 26°45′06″ N., longitude the ship’s crew performs frequent 80°01′12″ W.; thence westerly to latitude checks of the vessel’s position to en- 26°45′06″ N., longitude 80°01′42″ W.; sure the vessel is not dragging anchor. thence southerly to latitude 26°43′48″ (4) Vessels may anchor anywhere N., longitude 80°01′42″ W.; thence eas- within the designated anchorage area terly to latitude 26°43′48″ N., longitude provided that: such anchoring does not 80°01′12″ W.; and thence northerly to interfere with the operations of any the point of beginning. other vessels currently at anchorage; (b) The regulations. (1) Vessels in the and all anchor and chain or cable is po- Atlantic Ocean near Lake Worth Inlet sitioned in such a manner to preclude awaiting berthing space at the Port of dragging over reefs. Palm Beach, shall only anchor within (5) No vessel may anchor in a ‘‘dead the anchorage areas hereby defined and ship’’ status (i.e. propulsion or control

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unavailable for normal operations) the 12° line at a point B, 21⁄2 nautical without the prior approval of the Cap- miles north of the said point X. The tain of the Port. Vessels experiencing northern and southern extremities of casualties such as a main propulsion, the 12° line are marked by spar buoys. main steering or anchoring equipment The entire anchorage area lies north of malfunction or which are planning to the entrance channel to Miami Harbor. perform main propulsion engine repairs (b) The rules and regulations. (1) Ex- or maintenance, shall immediately no- cept in cases of great emergency, no tify the Coast Guard Captain of the vessel shall be anchored in the Atlantic Port via Coast Guard Sector Miami on Ocean in the vicinity of the entrances VHF–FM Channel 16. to the approach channels leading to the (6) No vessel may anchor within the cities of Miami Beach and Miami, Fla., designated anchorage for more than 72 outside of the anchorage area hereby hours without the prior approval of the defined and established—that is, they Captain of the Port. To obtain this ap- shall not anchor shoreward of the line proval, contact the Coast Guard Cap- first named nor southward of the sec- tain of the Port, via the Port Ever- ond nor northward of the third line— glades Harbor Master, on VHF–FM but may anchor as far to the eastward Channel 14. as may be desired. (7) The Coast Guard Captain of the (2) Any vessel anchoring under cir- Port may close the anchorage area and cumstances of great emergency outside direct vessels to depart the anchorage of the anchorage area shall be shifted during periods of adverse weather or at to new berths within the area imme- other times as deemed necessary in the diately after the emergency ceases. interest of port safety or security. (3) All vessels shall lie at anchor with (8) Commercial vessels anchoring as short a cable as conditions will per- under emergency circumstances out- mit. side the anchorage area shall shift to (4) A vessel upon being notified to new positions within the anchorage move into the anchorage limits or to area immediately after the emergency shift its position on the anchorage ceases. ground must get under way at once or (9) Whenever the maritime or com- signal for a tug, and must change posi- mercial interests of the United States tion as directed with reasonable so require, the Captain of the Port, promptness. U.S. Coast Guard, Miami, Florida, may (5) Whenever the maritime or com- direct relocation of any vessel an- mercial interests of the United States chored within the anchorage area. Once so require, the Captain of the Port, directed, such vessel must get under- U.S. Coast Guard, Miami, Fla., is here- way at once or signal for a tug, and by empowered to shift the position of must change position as directed. any vessel anchored on the anchorage ground or outside thereof, or of any [CGD 07–91–060, 58 FR 36356, July 7, 1993, as amended by CGD 07–99–003, 64 FR 20177, Apr. vessel moored or anchored so as to im- 26, 1999; USCG–2006–25556, 72 FR 36328, July 2, pede or obstruct vessel movements or 2007; USCG–2007–0036, 73 FR 6610, Feb. 5, 2008; obstruct or interfere with range lights. USCG–2006–24371, 74 FR 11212, Mar. 16, 2009] (6) Vessels carrying explosives shall be anchored only under a written per- § 110.188 Atlantic Ocean off Miami and mit issued by the Captain of the Port Miami Beach, Fla. and at such point as he may direct. (a) The anchorage grounds. The area (7) Vessels carrying explosives shall to the eastward of a line bearing 12° (N. be at all times in charge of a com- 12° E.) through a point X, which is 11⁄2 petent person, and must display by day nautical miles due east of the intersec- a red flag, of not less than 16 square tion of the Miami Beach shore line feet, at the masthead, or not less than with the north jetty; to the northward 10 feet above the upper deck if the ves- of a line bearing 102° (S. 78° E.) and sel has no mast; at night a red light intersecting the 12° line at a point A, shall be displayed in the positions spec- one-half nautical mile north of the said ified for the red flag. point X; and to the southward of a line (8) Nothing in this paragraph shall be bearing 102° (S. 78° E.) and intersecting construed as relieving the owner or

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person in charge of any vessel from the (3) No more than 300,000 pounds net of penalties of the law for obstructing high explosives or equivalent may be navigation, or for obstructing or inter- handled in the area at any one time. fering with range lights, or for not (4) The regulations in this section complying with the navigation laws in shall be enforced by the Commander, regard to lights, fog signals, or other U.S. Naval Base, Key West, Fla., and aids to navigation, or for otherwise any other agencies he may designate. violating law. (9) All vessels desiring to use the An- § 110.190 Tortugas Harbor, in vicinity chorage must notify the Coast Guard of Garden Key, Dry Tortugas, Fla. Captain of the Port, via the Biscayne (a) The anchorage grounds. All of Bird Bay Pilots on VHF-FM Channel 12 or Key Harbor, southwest of Garden Key, 16. bounded by the surrounding reefs and (10) All vessels anchored within the shoals and, on the northeast, by a line anchorage area shall maintain a 24- extending from Fort Jefferson West hour bridge watch by an English speak- Channel Daybeacon 2 to Fort Jefferson ing licensed or credentialed deck offi- West Channel Daybeacon 4, thence to cer monitoring VHF-FM Channel 16. Fort Jefferson West Channel This individual shall perform frequent Daybeacon 6, and thence to Fort Jeffer- checks of the vessel’s position to en- son West Channel Daybeacon 8. sure the vessel is not dragging anchor. (b) Except in cases of (11) Vessels experiencing casualties The regulations. such as a main propulsion, main steer- emergency involving danger to life or ing or anchoring equipment malfunc- property, no vessel engaged in commer- tion or which are planning to perform cial fishing or shrimping shall anchor main propulsion engine repairs or in any of the channels harbors, or la- maintenance, shall immediately notify goons in the vicinity of Garden Keys, the Coast Guard Captain of the Port Bush Key, or the surrounding shoals, via the Coast Guard Sector Miami on outside of Bird Key Harbor. VHF-FM Channel 16. (12) The Coast Guard Captain of the § 110.193 Tampa Bay, Fla. Port may close the anchorage area and (a) The anchorage grounds—(1) Explo- direct vessels to depart the anchorage sives anchorage east of Mullet Key. A during periods of adverse weather or at rectangular area in Tampa Bay, ap- other times as deemed necessary in the proximately 4,459 yards long and 1,419 interest of port safety. yards wide, beginning at latitude ° ′ ″ ° ′ ″ [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as 27 38 30 , longitude 82 39 09 , and extend- amended by CGD07–99–002, 64 FR 22554, Apr. ing northeasterly to latitude 27°39′48″, 27, 1999; USCG–2006–25556, 72 FR 36328, July 2, longitude 82°37′15″; thence southeast- 2007; USCG–2006–24371, 74 FR 11212, Mar. 16, erly to latitude 27°39′17″, longitude 2009] 82°36′46″; thence southwesterly to latitude 27°37′52″, longitude 82°38′38″; thence § 110.189a Key West Harbor, Key West, northwesterly to the point of begin- Fla., naval explosives anchorage area. ning. (2) Temporary explosives anchorage (a) The anchorage ground. A circular south of Interbay Peninsula. Beginning area with its center at latitude at a point bearing 107°, 1,750 yards from 24°30′50.6″, longitude 81°50′31.6″ with a Cut ‘‘F’’ Range Front Light; thence to radius of 300 yards, for use for ammuni- ° tion exceeding the prescribed limits for a point bearing 125 , 2,050 yards, from pier-side handling. Cut ‘‘F’’ Range Front Light; thence to ° (b) The regulations. (1) When occupied a point bearing 180 , 1,725 yards, from by a vessel handling explosives, no Cut ‘‘F’’ Range Front Light; thence to ° other vessel may enter the area unless a point bearing 222 , 2,180 yards, from authorized by the enforcing agency. Cut ‘‘F’’ Range Front Light; thence to ° (2) Only one vessel handling explo- a point bearing 251 , 1,540 yards, from sives may anchor in the area at one Cut ‘‘F’’ Range Front Light; and time. thence to the point of beginning.

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(3) Temporary explosives anchorage off (2) Explosives Anchorage Area 2. A cir- Port Tampa. A circular area with a ra- cular area with a 500-yard radius dius of 200 yards with the point at lati- around a center point located at latitude 27°50′22″, longitude 82°34′15″. tude 29°47′30″; longitude 85°21′30″, 3,100 (4) Quarantine Anchorage. Southeast yards southeast of FW South Channel of the temporary explosive anchorage, Light and 5,250 yards south of FW beginning at a point bearing 97° true, North Channel Light, in St. Joseph 4,370 yards, from Cut ‘‘F’’ Range Front Bay, Port St. Joe, Florida. Light; thence to a point bearing 113°30′, (b) The regulations. (1) The explosives 5,370 yards, from Cut ‘‘F’’ Range Front anchorage areas shall be used as tem- Light; thence to a point bearing 161°30′, porary anchorage for vessels engaged 3,770 yards, from Cut ‘‘F’’ Range Front in loading and unloading explosives at Light; thence to a point bearing 163°30′, the port of Port St. Joe, Florida, when 2,070 yards, from Cut ‘‘F’’ Range Front the duration of the anchorage period is Light; thence to the point of beginning. less than 96 hours. (5) Barge Fleeting Area, Hillsborough (2) No vessel shall occupy this an- Bay. Located 400 feet west of Cut ‘‘D’’ chorage without obtaining a permit Channel at a point beginning at lati- from the Captain of the Port. ° ′ ″ ° ′ ″ tude 27 54 34 , longitude 82 26 35 ; thence § 110.194 Mobile Bay, Ala., at entrance. northerly 1,000 feet to latitude 27°54′43″, longitude 82°26′40″; thence westerly 500 (a) The anchorage grounds. The waters feet to latitude 27°54′41″, longitude within a radius of 750 yards from a 82°26′45″; thence southerly 1,000 feet to point located 1,000 yards true north latitude 27°54′32″, longitude 82°26′40″; from Fort Morgan Light. thence easterly 500 feet to the point of (b) The regulations. (1) This anchorage beginning. shall be used by vessels loading or discharging high explosives. It shall also NOTE: This area is reserved for transient be used by vessels carrying dangerous barges only. Barges shall not occupy this an- or inflammable cargoes requiring an chorage for a period longer than 96 hours un- anchorage. It may be used for a general less permission is obtained from the Captain anchorage when not required for ves- of the Port for this purpose. sels carrying explosives or dangerous (b) The regulations. (1) The explosives or inflammable cargoes. anchorage east of Mullet Key shall be (2) No vessel shall occupy this an- used by vessels awaiting loading or un- chorage without obtaining a permit loading at Port Tampa that have explo- from the Captain of the Port. sives actually on board and where the duration of anchorage will exceed 72 § 110.194a Mobile Bay, Ala., and Mis- hours. sissippi Sound, Miss. (2) The temporary explosives anchor- (a) The anchorage grounds. (1) The wa- ages south of Interbay Peninsula and ters of lower Mobile Bay, near Cedar off Port Tampa shall be used for vessels Point, within an area bounded on the engaged in loading explosives when the north by latitude 30°21′00″, on the east duration of the anchorage is less than by longitude 88°05′00″, on the south by 72 hours. latitude 30°20′00″, and on the west by longitude 88°06′00″. [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as (2) The waters of Mississippi Sound, amended by CGFR 69–62, 34 FR 11582, July 15, south of Biloxi, within an area bounded 1969; 34 FR 12255, July 15, 1969] on the north by latitude 30°20′00″, on the east by longitude 88°54′00″, on the § 110.193a St. Joseph Bay, Fla. south by latitude 30°19′00″, and on the (a) The anchorage grounds—(1) Explo- west by longitude 88°55′00″. sives Anchorage Area 1. A rectangular (b) The regulations. (1) The anchor- area 3,000 yards long by 700 yards wide ages are exclusively for the use of un- beginning at a point 1,350 yards west of manned barges, canal boats, scows, and U.S. Highway 98 Bridge over Gulf Coun- other nondescript vessels. Such craft ty Canal. The area is parallel to and 450 shall be so anchored that they will not yards northeast of the north entrance at any time extend outside the limits channel to Port St. Joe, Florida. of the anchorages.

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(2) In emergencies or whenever mari- with the west limit 1,200 feet from the time or commercial interests of the ALWP of the right descending bank. United States so require, the Captain CAUTION: A pipeline crossing exists at mile of the Port is authorized to shift the 9.8 AHOP. Mariners are urged to use caution position of any craft in the anchorages. between mile 9.6 AHOP and mile 10.0 AHOP. (3) Whenever in the opinion of the Captain of the Port, such action may (3) Upper Venice Anchorage. An area be necessary, any or all craft in these 1.2 miles in length along the left de- anchorages may be required to be scending bank of the river from mile moored with two or more anchors. 10.0 to mile 11.2 above Head of Passes (4) No vessel shall be navigated with- with the west limit 1,200 feet from the in the anchorages at a speed exceeding ALWP of the right descending bank. six knots. (4) Boothville Anchorage. An area 5.5 miles in length along the right de- § 110.194b Mississippi Sound and Gulf scending bank of the river extending of Mexico, near Petit Bois Island, from mile 13.0 to mile 18.5 above Head Miss. of Passes. The width of the anchorage (a) The anchorage grounds—(1) Explo- is 750 feet. The inner boundary of the sives Anchorage Area No. 1. A circular anchorage is a line parallel to the near- area with a one-half mile radius with est bank 250 feet from the water’s edge its center located at latitude 30°14′09″, into the river as measured from the longitude 88°29′13″, in the waters of Low Water Reference Plane (LWRP). Mississippi Sound north of the west The outer boundary of the anchorage is end of Petit Bois Island. a line parallel to the nearest bank 1,000 (2) Explosives Anchorage Area No. 2. A feet from the water’s edge into the circular area with a three-fourths mile river as measured from the LWRP. radius with its center located at lati- (5) Ostrica Anchorage. An area 1.4 tude 30°11′12″, longitude 88°30′07″, in the miles in length along the right de- waters of Gulf of Mexico south of the scending bank of the river extending west end of Petit Bois Island. from mile 23.0 to mile 24.4 above Head (b) The regulations. (1) The areas shall of Passes. The width of the anchorage be used as temporary anchorages for is 800 feet. vessels engaged in loading and unload- (6) Port Sulphur Anchorage. An area ing explosives at the Port of 2.2 miles in length along the left de- Pascagoula, Miss. scending bank of the river, 800 feet (2) No vessel shall occupy the areas wide, extending from mile 37.5 to mile without obtaining a permit from the 39.7 above Head of Passes. Captain of the Port. (7) Magnolia Anchorage. An area 2.1 miles in length along the right de- § 110.195 Mississippi River below scending bank of the river extending Baton Rouge, LA, including South from mile 45.5 to mile 47.6 above Head and Southwest Passes. of Passes. The width of the anchorage (a) The Anchorage Grounds. Unless is 700 feet. The inner boundary of the otherwise specified, all anchorage anchorage is a line parallel to the near- widths are measured from the average est bank 400 feet from the water’s edge low water plane (ALWP). into the river as measured from the (1) Pilottown Anchorage. An area 5.2 LWRP. The outer boundary of the an- miles in length along the right de- chorage is a line parallel to the nearest scending bank of the river from mile bank 1,100 feet from the water’s edge 1.5 to mile 6.7 above Head of Passes, ex- into the river as measured from the tending in width to 1600 feet from the LWRP. left descending bank of the river. (8) Point Celeste Anchorage. An area 2.2 miles in length along the right de- CAUTION: A wreck is located within the scending bank of the river extending boundaries of this anchorage. Mariners are from mile 49.8 to mile 52.0 above Head urged to use caution in this anchorage. of Passes. The width of the anchorage (2) Lower Venice Anchorage. An area is 400 feet. The inner boundary of the 1.6 miles in length along the left de- anchorage is a line parallel to the near- scending bank of the river from mile est bank 400 feet from the water’s edge 8.0 to mile 9.6 above Head of Passes into the river as measured from the

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LWRP. The outer boundary of the an- anchorage is a line parallel to the near- chorage is a line parallel to the nearest est bank 425 feet from the water’s edge bank 800 feet from the water’s edge into the river as measured from the into the river as measured from the LWRP. The outer boundary of the an- LWRP. chorage is a line parallel to the nearest (9) Davant Anchorage. An area 1.1 bank 1,000 feet from the water’s edge miles in length along the left descend- into the river as measured from the ing bank of the river extending from LWRP. mile 52.8 to mile 53.9 above Head of (14) Lower 12 Mile Point Anchorage. An Passes. The width of the anchorage is area 2.2 miles in length along the right 800 feet. descending bank of the river extending (10) Alliance Anchorage. An area 2.0 from mile 78.6 to mile 80.8 above Head miles in length along the right de- of Passes. The width of the anchorage scending bank of the river extending is 500 feet. The inner boundary of the from mile 63.8 to mile 65.8 above Head anchorage is a line parallel to the near- of Passes. The width of the anchorage est bank 300 feet from the water’s edge is 400 feet. The inner boundary of the into the river as measured from the anchorage is a line parallel to the near- LWRP. The outer boundary of the an- est bank 400 feet from the water’s edge chorage is a line parallel to the nearest into the river as measured from the bank 800 feet from the water’s edge LWRP. The outer boundary of the an- into the river as measured from the chorage is a line parallel to the nearest LWRP. bank 800 feet from the water’s edge (15) Lower 9 Mile Point Anchorage. An into the river as measured from the area 2.3 miles in length along the right LWRP. descending bank of the river extending (11) Wills Point Anchorage. An area 1.1 from mile 82.7 to mile 85.0 above Head miles in length along the left descend- of Passes. The width of the anchorage ing bank of the river extending from is 500 feet. The inner boundary of the mile 66.5 to mile 67.6 above Head of anchorage is a line parallel to the near- Passes. The width of the anchorage is est bank 300 feet from the water’s edge 600 feet. The inner boundary of the an- into the river as measured from the chorage is a line parallel to the nearest LWRP. The outer boundary of the an- bank 200 feet from the water’s edge chorage is a line parallel to the nearest into the river as measured from the bank 800 feet from the water’s edge LWRP. The outer boundary of the an- into the river as measured from the chorage is a line parallel to the nearest LWRP. bank 800 feet from the water’s edge into the river as measured from the Caution: A wreck is located within the bound- LWRP. aries of this anchorage. Mariners are urged to use caution in this anchorage. (12) Cedar Grove Anchorage. An area 1.2 miles in length along the right de- (16) New Orleans Emergency Anchor- scending bank of the river extending age. An area 0.5 miles in length along from mile 69.9 to mile 71.1 above Head the right descending bank of the river of Passes. The width of the anchorage extending from mile 89.6 to mile 90.1 is 500 feet. The inner boundary of the above Head of Passes. The width of the anchorage is a line parallel to the near- anchorage is 550 feet. The inner bound- est bank 200 feet from the water’s edge ary of the anchorage is a line parallel into the river as measured from the to the nearest bank 250 feet from the LWRP. The outer boundary of the an- water’s edge into the river as measured chorage is a line parallel to the nearest from the LWRP. The outer boundary of bank 700 feet from the water’s edge the anchorage is a line parallel to the into the river as measured from the nearest bank 800 feet from the water’s LWRP. edge into the river as measured from (13) Belle Chasse Anchorage. An area the LWRP. 2.1 miles in length along the right de- NOTE: No vessel shall occupy this anchor- scending bank of the river extending age unless expressly authorized by the Cap- from mile 73.1 to mile 75.2 above Head tain of the Port. No vessel may anchor in of Passes. The width of the anchorage this anchorage exceeding 24 hours without is 575 feet. The inner boundary of the the authorization of the Captain of the Port.

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(17) New Orleans General Anchorage. a line parallel to the nearest bank 300 An area 0.8 miles in length along the feet from the water’s edge into the right descending bank of the river ex- river as measured from the LWRP. The tending from mile 90.1 to mile 90.9 outer boundary of the anchorage is a above Head of Passes. The width of the line parallel to the nearest bank 700 anchorage is 550 feet. The inner bound- feet from the water’s edge into the ary of the anchorage is a line parallel river as measured from the LWRP. to the nearest bank 250 feet from the water’s edge into the river as measured Caution: A wreck is located at mile 115.4 left from the LWRP. The outer boundary of descending bank above Head of Passes marked by Mississippi River Wreck Lighted Buoy WR4. the anchorage is a line parallel to the Mariners are urged to use caution when anchor- nearest bank 800 feet from the water’s ing in the lower end of this anchorage. edge into the river as measured from the LWRP. (22) Bonnet Carre Anchorage. An area (18) Quarantine Anchorage. An area 0.7 1.5 miles in length along the left de- miles in length along the right descending bank of the river extending scending bank of the river extending from mile 127.3 to mile 128.8 above Head from mile 90.9 to mile 91.6 above Head of Passes. This area is located adjacent of Passes. The width of the anchorage to the river end of the Bonnet Carre is 800 feet. Spillway. The width of the anchorage Caution: A wreck is located within the bound- is 600 feet. aries of this anchorage. Mariners are urged to NOTE: When the Bonnet Carre Spillway is use caution in this anchorage. open, no vessel may be anchored in the Bon- NOTE: Vessels carrying cargos of particular net Carre Anchorage. hazard as defined in 33 CFR 126.10 or cargos of petroleum products in bulk may not be (23) La Place Anchorage. An area 0.7 anchored in the New Orleans General An- miles in length along the left descend- chorage or the Quarantine Anchorage with- ing bank of the river extending from out permission from the Captain of the Port. mile 134.7 to mile 135.4 above Head of Except when required by the United States Passes. The width of the anchorage is Public Health Service for quarantine inspection, 600 feet. the Quarantine Anchorage may be used as a (24) Reserve Anchorage. An area 0.5 general anchorage. miles in length along the right de- (19) Lower Kenner Bend Anchorage. An scending bank of the river extending area 1.0 miles in length along the right from mile 137.0 to mile 137.5 above Head descending bank of the river extending of Passes. The width of the anchorage from mile 113.3 to mile 114.3 above Head is 500 feet. The inner boundary of the of Passes. The width of the anchorage anchorage is a line parallel to the near- is 350 feet. The inner boundary of the est bank 300 feet from the water’s edge anchorage is a line parallel to the near- into the river as measured from the est bank 350 feet from the water’s edge LWRP. The outer boundary of the an- into the river as measured from the chorage is a line parallel to the nearest LWRP. The outer boundary of the an- bank 800 feet from the water’s edge chorage is a line parallel to the nearest into the river as measured from the bank 700 feet from the water’s edge LWRP. into the river as measured from the (25) Lower Grandview Reach Anchor- LWRP. age. An area 0.3 miles in length along (20) Kenner Bend Anchorage. An area the left descending bank of the river 0.9 miles in length along the right de- extending from mile 146.4 to mile 146.7 scending bank of the river extending above Head of Passes. The width of the from mile 114.7 to mile 115.6 above Head anchorage is 500 feet. The inner bound- of Passes. The width of the anchorage ary of the anchorage is a line parallel is 700 feet. to the nearest bank 200 feet from the (21) Ama Anchorage. An area 1.8 miles water’s edge into the river as measured in length along the left descending from the LWRP. The outer boundary of bank of the river extending from mile the anchorage is a line parallel to the 115.5 to mile 117.3 above Head of Passes. nearest bank 700 feet from the water’s The width of the anchorage is 400 feet. edge into the river as measured for the The inner boundary of the anchorage is LWRP.

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(26) Middle Grandview Reach Anchor- 1,400 feet wide, extending from mile age. An area 0.4 miles in length along 225.8 to mile 227.3 above Head of Passes. the left descending bank of the river Caution: Two wrecks are located within the extending from mile 146.8 to mile 147.2 boundaries of this anchorage. Mariners are above Head of Passes. The width of the urged to use caution in this anchorage. anchorage is 500 feet. The inner boundary of the anchorage is a line parallel (31) Lower Baton Rouge Anchorage. An to the nearest bank 200 feet from the area 0.5 miles in length near mid-chan- water’s edge into the river as measured nel between mile 228.5 and mile 229.0 from the LWRP. The outer boundary of above Head of Passes with the west the anchorage is a line parallel to the limit 1,100 feet off the right descending nearest bank 700 feet from the water’s bank and having the width of 700 feet edge into the river as measured from at both the upper and lower limits. the LWRP. (32) Middle Baton Rouge Anchorage. (27) Upper Grandview Reach Anchor- An area 0.2 miles in length near mid- age. An area 1.3 miles in length along channel between mile 229.6 and mile the left descending bank of the river 229.8 above Head of Passes with the extending from mile 147.5 to mile 148.8 west limit 1,100 feet off the right de- above Head of Passes. The width of the scending bank and having a width of anchorage is 500 feet. The inner bound- 700 feet at both the upper and lower ary of the anchorage is a line parallel limits. to the nearest bank 200 feet from the (33) Upper Baton Rouge Anchorage. An water’s edge into the river as measured area 0.4 miles in length near mid-chan- from the LWRP. The outer boundary of nel between mile 230.6 and mile 231.0 the anchorage is a line parallel to the above Head of Passes with the west nearest bank 700 feet from the water’s limit 1,100 feet off the right descending edge into the river as measured from bank and having a width of 1,075 feet at the LWRP. the upper limit and 1,200 feet at the (28) Sunshine Anchorage. An area 2.0 lower limit. miles in length along the left descend- (b) Temporary Anchorages. (1) Tem- ing bank of the river extending from porary anchorages are non-permanent mile 165.0 to mile 167.0 above Head of anchorages established by the Com- Passes. The width of the anchorage is mander, Eighth Coast Guard District 450 feet. The inner boundary of the an- to provide additional anchorage space. chorage is a line parallel to the nearest Establishment of temporary anchor- bank 350 feet from the water’s edge ages is based on recommendations by into the river as measured from the the Captain of the Port. LWRP. The outer boundary of the an- (2) Each vessel using temporary anchorage is a line parallel to the nearest chorages shall anchor as prescribed by bank 800 feet from the water’s edge the Captain of the Port. into the river as measured from the (3) Establishment of each temporary LWRP. anchorage and any requirement for the (29) White Castle Anchorage. An area temporary anchorage will be published 0.7 miles in length along the right de- in the Local Notice of Mariners. scending bank of the river extending (4) Each person who has notice of any from mile 190.4 to mile 191.1 above Head requirement prescribed for a tem- of Passes. The width of the anchorage porary anchorage shall comply with is 300 feet. The inner boundary of the that requirement. anchorage is a line parallel to the near- (c) The Regulations. (1) Anchoring in est bank 400 feet from the water’s edge the Mississippi River below Baton into the river as measured from the Rouge, LA., including South and LWRP. The outer boundary of the an- Southwest Passes is prohibited outside chorage is a line parallel to the nearest of established anchorages except in bank 700 feet from the water’s edge cases of emergency. In an emergency, if into the river as measured from the it becomes necessary to anchor a vessel LWRP. outside an established anchorage, the (30) Baton Rouge General Anchorage. vessel shall be anchored so that it does An area 1.5 miles in length along the not interfere with or endanger any fa- right descending bank of the river, cility or other vessel. The master or

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person in charge of the vessel shall no- must keep the ship’s hold cargo gear in tify the Captain of the Port of the loca- the down and hawsed position, as tion of the emergency anchoring by the rigged for sea transits. Deck-mounted most expeditious means and shall move cranes, deck booms and stiff legs may the vessel as soon as the emergency is be used to take on ships stores and over. spare parts and may be used to move (2) In an emergency, if it becomes manifold hoses. necessary to anchor a vessel in South (8) Nothing in this section relieves Pass or Southwest Pass, the vessel the owner or person in charge of any shall be positioned as close to the left vessel from the penalties for obstruct- descending bank as possible. ing or interfering with navigational (3) No vessel may be anchored unless aids or for failing to comply with the it maintains a bridge watch, guards navigation laws for lights, day shapes, and answers Channel 16 FM (or the ap- or fog signals and any other applicable propriate VTS New Orleans sector fre- laws and regulations. quency), maintains an accurate position plot and can take appropriate ac- [CGD 77–028, 46 FR 49850, Oct. 8, 1981] tion to ensure the safety of the vessel, EDITORIAL NOTE: For FEDERAL REGISTER ci- structure, and other vessels. tations affecting § 110.195, see the List of CFR (4) When anchoring individually, or Sections Affected, which appears in the in fleets, vessels shall be anchored with Finding Aids section of the printed volume sufficient anchors, or secured with suf- and at www.fdsys.gov. ficient lines, to ensure their remaining in place and withstanding the actions § 110.196 Sabine Pass Channel, Sabine of winds, currents and the suction of Pass, Tex. passing vessels. (a) The anchorage area. The water (5) No vessel may be anchored over bounded by a line connecting the fol- revetted banks of the river or within lowing coordinates: any cable or pipeline area. The locations of revetted areas and cable and Latitude Longitude pipeline areas may be obtained from 29°44′14″ N 93°52′24″ W the District Engineer, Corps of Engi- 29°44′18″ N 93°52′06″ W neers, New Orleans, LA. 29°43′53″ N 93°51′47″ W (6) The intention to transfer any 29°43′32″ N 93°51′52″ W cargo while in an anchorage shall be reported to the Captain of the Port, giving particulars as to name of ships (b) The regulations. (1) The anchorage involved, quantity and type of cargo, area is for the temporary use of vessels and expected duration of the operation. of all types, but especially for naval The Captain of the Port shall be noti- and merchant vessels awaiting weather fied upon completion of operations. and tidal conditions favorable to the Cargo transfer operations are not per- resumption of their voyages. mitted in the New Orleans General or (2) Except when stress of weather or Quarantine Anchorages. Bunkering and adverse tides or currents make sailing similar operations related to ship’s impractical or hazardous, vessels shall stores are exempt from reporting re- not anchor in the anchorage area for quirements. periods exceeding 48 hours unless expressly authorized by the Captain of NOTE: Activities conducted within a des- the Port to anchor for longer periods. ignated anchorage (e.g. cargo transfer, tank cleaning, stack blowing, etc.) may be re- (3) Vessels shall not anchor so as to stricted by other Federal, State or local reg- obstruct the passage of other vessels ulations. Owners, or persons in charge of any proceeding to or from available anchor- vessel should consider all safety and/or envi- age spaces. ronmental regulations prior to engaging in (4) Anchors shall not be placed any activity within designated anchorages. channelward from the anchorage area, (7) Vessels anchored in the Lower and no portion of the hull or rigging of Kenner Bend Anchorage are prohibited any anchored vessel shall extend from using or exercising the ship’s hold channelward from the limits of the an- cargo cranes. Vessels in this anchorage chorage area.

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(5) Vessels using spuds for anchors ardous, vessels shall not anchor in an- shall anchor as close to shore as prac- chorage areas (A) or (C) for more than ticable having due regard for the provi- 48 hours unless expressly authorized by sions in paragraph (b)(3) of this section. the Captain of the Port Houston-Gal- (6) Fixed moorings, piles or stakes, veston. Permission to anchor for longer and floats or buoys for marking an- periods may be obtained through Coast chorages or moorings in place are pro- Guard Vessel Traffic Service Houston/ hibited. Galveston on VHF-FM channels 12 (7) Whenever the maritime or com- (156.60 MHz) or 13 (156.65 MHz). mercial interests of the United States (3) No vessel with a draft of less than so require, the Captain of the Port is 22 feet may occupy anchorage (A) with- hereby empowered to shift the position out prior approval of the Captain of the of any vessel anchored or moored with- Port. in or outside of the anchorage area in- (4) No vessel with a draft of less than cluding any vessel which is moored or 16 feet may anchor in anchorage (C) anchored so as to obstruct navigation without prior approval of the Captain or interfere with range lights. of the Port Houston-Galveston. [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as (5) Vessels shall not anchor so as to amended by CGD08–06–26, 72 FR 464, Jan. 5, obstruct the passage of other vessels 2007] proceeding to or from other anchorage spaces. § 110.197 Galveston Harbor, Bolivar Roads Channel, Texas. (6) Anchors shall not be placed in the channel and no portion of the hull or (a)(1) Anchorage area (A). The water rigging of any anchored vessel shall ex- bounded by a line connecting the fol- tend outside the limits of the anchor- lowing points: age area. 29°20′48.5″ N 94°42′54.0″ W 29°20′43.0″ N 94°44′46.5″ W (7) Vessels using spuds for anchors 29°21′15.0″ N 94°44′27.0″ W shall anchor as close to shore as prac- 29°21′05.0″ N 94°42′52.0″ W ticable, having due regard for the provisions in paragraph (b)(5) of this sec- and thence to the point of beginning. tion. (2) Anchorage area (B). The water (8) Fixed moorings, piles or stakes, bounded by a line connecting the fol- and floats or buoys for marking an- lowing points: chorages or moorings in place, are pro- 29°20′43.0″ N 94°44′46.5″ W hibited. 29°20′37.0″ N 94°46′08.0″ W (9) Whenever the maritime or com- ° ′ ″ ° ′ ″ 29 21 14.0 N 94 45 50.0 W mercial interests of the United States 29°21′15.0″ N 94°44′27.0″ W so require, the Captain of the Port, or and thence to the point of beginning. his authorized representative, may di- (3) Anchorage area (C). The water rect the movement of any vessel an- bounded by a line connecting the fol- chored or moored within the anchorage lowing points: areas.

Latitude Longitude [CCGD8–85–21, 55 FR 11369, Mar. 28, 1990, as amended by CGD08–02–018, 68 FR 25497, May 29°20′39.0″ N ...... 94°46′07.5″ W. 13, 2003] 29°21′06.1″ N ...... 94°47′00.2″ W. 29°21′24.0″ N ...... 94°46′34.0″ W. 29°21′14.5″ N ...... 94°45′49.0″ W. § 110.205 Chicago Harbor, Ill. (a) The anchorage grounds—(1) An- and thence to the point of beginning. chorage A, exterior breakwater. South- (b) The regulations. (1) The anchorage west of a line parallel with and 150 feet area is for the temporary use of vessels southwestward of the exterior break- of all types, but especially for vessels water; west of a line parallel with and awaiting weather and other conditions 150 feet west of the south extension of favorable to the resumption of their the exterior breakwater; northeast of a voyages. line parallel with and 1,500 feet south- (2) Except when stress of weather westward of the exterior breakwater; makes sailing impractical or haz- and east of a line parallel with the

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south extension of the exterior break- (b) The rules and regulations. (1) Ex- water and 500 feet eastward of the east cept in cases of emergency, no vessel face of the filtration plant. may be anchored in Chicago Harbor (2) Anchorage B, south arm. West of a outside of the anchorage grounds in line parallel with and 150 feet west of paragraph (a) of this section or the spe- the south arm of the exterior break- cial anchorage areas prescribed in water; north of a line perpendicular to § 110.83. the south arm at its south end; east of (2) Anchors must not be placed out- a line parallel with the south arm, side the anchorage areas, nor shall any about 2,200 feet therefrom and on line vessel be so anchored that any portion with the east face of the Municipal of the hull or rigging shall at any time Pier; and south of a line perpendicular extend outside the boundaries of the to the south arm 700 feet from its north anchorage area. end. (3) Any vessel anchoring under cir- (3) Anchorage C, shore arm. South of a cumstances of great emergency outside line parallel with and 150 feet south- of the anchorage areas must be placed ward of the shore arm of the exterior near the edge of the channel and in breakwater; west of a line parallel with such position as not to interfere with the south extension of the exterior the free navigation of the channel nor breakwater, 100 feet westward of the obstruct the approach to any pier nor east end of the shore arm; northwest of impede the movement of any boat, and a line perpendicular to the Lake Shore shall move away immediately after the Drive revetment and 300 feet northwest emergency ceases, or upon notification of the northwest corner of the filtra- by the Captain of the Port. tion plant; and east of a line parallel (4) The maneuvering of a vessel by with and 600 feet lakeward of the Lake means of a dragged anchor, except Shore Drive revetment. within an established anchorage (4) Anchorage D, Chicago Harbor Lock ground or in stress of weather or to South. Beginning at a point 35.5 feet avoid collision, is prohibited. Unneces- South (16 feet South of the South face sary maneuvering in any of the anchor- of the Southeast guidewall) and 28.0 age grounds is prohibited. feet West of the SE Guide Wall Light; (5) The directions of the Captain of thence Westerly and parallel to the the Port assigning vessels to parts of guidewall 800 feet to a point that is 16 the anchorage grounds suitable to their feet South of the South face of the draft, requiring vessels to anchor bow Southeast guidewall; thence Southerly and stern, requiring shifting the an- 80 feet to a point that is 96 feet South chorage of any vessel within any an- of the South face of the Southeast chorage ground for the common con- guidewall; thence Easterly 800 feet to a venience, or for otherwise enforcing point that is 96 feet South of the south this section, shall be promptly exe- face of the southeast guidewall; thence cuted by owners, masters, and persons Northerly 80 feet to the point of begin- in charge of vessels. ning. (6) Nothing in this section shall be (5) Anchorage E, Chicago Harbor Lock construed as relieving the owner or North. Beginning at a point 156.75 feet person in charge of any vessel from the North (16 feet North of the North face penalties of the law for obstructing of the Northeast guidewall) and 590 feet navigation or for obstructing or inter- West of the SE Guidewall Light; thence fering with range lights, or for not Westerly and parallel to the guidewall complying with the navigation laws in 600 feet to a point that is 16 feet North regard to lights, fog signals, or for oth- of the North face of the Northeast erwise violating law. guidewall; thence Northerly 80 Feet to (7) No vessel may use anchorages A, a point that is 96 feet North of the B, D, and E except commercial vessels North face of the Northeast guidewall; operated for profit. No person may thence Easterly 600 feet to a point that place floats or buoys for making moor- is North of the North face of the North- ings or anchors in place in anchorages east guidewall; thence Southerly 80 A and B. No person may place fixed feet to the point of beginning. moorings piles or stakes in anchorages

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A and B. (Mooring facilities are avail- hours without permission of the Cap- able adjacent to the lakeside tain of the Port of Detroit. guidewalls of the Chicago Harbor Lock in anchorages D and E.) All vessels [CGD09 85–05, 51 FR 21357, June 12, 1986, as amended by USCG–1998–3799, 63 FR 35526, using anchorages D and E shall moor June 30, 1998] against pile clusters adjacent to the respective anchorage. § 110.207 Cleveland Harbor, Ohio. Any time barges are moored in anchorage D or E, a manned towing ves- (a) The anchorage grounds—(1) West sel shall be present in one of these an- anchorage. The northwesterly portion chorages. Exceptions to this surveil- of the West Basin between the north- lance requirement are allowable for pe- west limits of the West Basin and a riods not to exceed one hour. line parallel to and 1,050 feet distant (8) No commercial vessels operated from the West Breakwater; and from for profit that measure 50 gross tons or the southwest limits of the West Basin more may anchor in anchorage C. Tem- to a line perpendicular to the West porary floats or buoys for marking Breakwater, 2,050 feet southwesterly moorings or anchors in place may be along the West Breakwater from Cleve- used in anchorage C. No person may land West Breakwater Light. place a fixed mooring pile or stake in (2) East anchorage. The southeasterly anchorage C. portion of the East Basin between the [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as mainland and a line parallel to and amended by CGFR 70–65a, 36 FR 7967, Apr. 28, 1,250 feet distant from the East Break- 1971; CGD9–85–01, 50 FR 29224, July 18, 1985] water; from opposite Cleveland East Entrance Light to a due north line § 110.206 Detroit River, Michigan. passing through the flashing white (a) The Anchorage grounds. Belle Isle light on the Allied Oil Company dock. Anchorage. The area is in the Detroit (3) Explosives anchorage. In Lake Erie, River immediately downstream from northwest of Cleveland Harbor East Belle Isle on the U.S. side of the Inter- Breakwater, and including a rectan- national Boundary line within the fol- gular area marked by four white spar lowing boundaries: beginning at a point buoys at the following true bearings bearing 250 T, 5400 feet from the James and distances from Cleveland East Scott Memorial Fountain (42°20′06″ N., Pierhead Light: 38°30′, 2,050 feet; 68°, 82°59′57″ W.) at the West end of Belle 2,050 feet; 57°, 7,050 feet; and 49°, 7,050 Isle; then 251 T, 3000 feet; thence 341 T, feet. 800 feet; thence 071 T, 3000 feet; thence (b) The regulations. (1) The west and 161 T, 800 feet to the point of beginning. east anchorages are general anchor- (b) The regulations. (1) Vessels shall ages. be anchored so as not to swing into the (2) Use of the explosives anchorage channel or across steering courses. shall be subject to the supervision of (2) The Belle Isle Anchorage area is the Captain of the Port. for the temporary use of vessels of all types, but especially for naval and mer- § 110.208 Buffalo Harbor, N.Y. chant vessels awaiting berths, weather, or other conditions favorable to the re- (a) The anchorage grounds—(1) Explo- sumptions of their voyage. sives Anchorage A. Inside the south sec- (3) No vessel may be anchored unless tion of the main breakwater 700 feet it maintains a continuous bridge wide starting at a point 500 feet south- watch, guards and answers channel 16 erly from the south end of the north FM and channel 12 FM (VTC SARNIA section and extending approximately sector frequency), maintains an accu- 153° true, 3,000 feet parallel to the line rate position plot and can take appro- of the south section of the main break- priate action to ensure the safety of water. the vessel, structures and other vessels. [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77–210, 44 FR 50040, Aug. 27, (4) Vessels may not anchor in the 1979] Belle Isle Anchorage for more than 72

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§ 110.210 San Diego Harbor, CA. (3) Vessels anchoring in San Diego Harbor shall leave a free passage for (a) The anchorage grounds. (1) Spe- other craft and shall not obstruct the cial anchorage for U.S. Government approaches to the wharves in the har- vessels (NAD 83). The waters bounded bor. by a line connecting the following points: [CCGD11–85–06, 51 FR 19753, June 2, 1986, as 32°42′13.2″ N 117°14′11.0″ W amended by CGD11–90–08, 56 FR 9852, Mar. 8, 1991] 32°41′12.0″ N 117°14′00.3″ W and thence along the shoreline to the point § 110.214 Los Angeles and Long Beach of beginning. harbors, California. (2) Special anchorage for U.S. Gov- (a) General Regulations—(1) Anchorage ernment vessels (NAD 83). The waters Assignment. (i) Unless otherwise di- bounded by a line connecting the fol- rected by the Captain of the Port Los lowing points: Angeles-Long Beach, the pilot stations 32°43′25.6″ N 117°12′46.1″ W for the Port of Long Beach and the 32°43′25.3″ N 117°12′52.0″ W Port of Los Angeles will assign the use 32°43′08.2″ N 117°12′58.0″ W of commercial anchorages within their 32°42′57.9″ N 117°12′54.0″ W jurisdictions (Long Beach and Los An- geles Harbors respectively). All anchor- and thence easterly along the northern ages outside (seaward) of the federal boundary of the channel to: breakwater will be assigned by the Los ° ′ ″ ° ′ ″ 32 43 05.0 N 117 11 30.5 W Angeles-Long Beach Vessel Traffic In- ° ′ ″ ° ′ ″ 32 43 27.2 N 117 11 14.0 W formation Service (VTIS). The master, and thence along the shoreline of Harbor Is- pilot, or person in charge of a vessel land to the point of beginning. must notify the appropriate pilot sta- (3) ‘‘B’’ Street Merchant Vessel An- tion (for anchorages inside the federal chorage (NAD 83). The waters bounded breakwater) or the VTIS (for anchor- by a line connecting the following ages outside the federal breakwater) of points: their intention to anchor, upon anchoring, and at least fifteen minutes prior 32°43′00.8″ N 117°10′36.3″ W 32°43′00.8″ N 117°11′23.0″ W to departing an anchorage. All anchor- 32°43′05.0″ N 117°11′30.5″ W age assignments will be made as de- 32°43′27.2″ N 117°11′14.0″ W scribed in this part unless modified by 32°43′20.2″ N 117°10′53.0″ W the Captain of the Port. (ii) Radio communications for port and thence due east to the shoreline, and entities governing anchorages are as thence along the shoreline and pier to the point of beginning. follows: Los Angeles-Long Beach Ves- sel Traffic Information Service, call (b) The regulations. (1) The anchor- sign ‘‘LA-Long Beach Traffic,’’ Channel ages described in paragraphs (a)(1) and 14 VHF-FM; Los Angeles Port Pilots, (a)(2) of this section are reserved exclu- Channel 73 VHF-FM; Long Beach Port sively for the anchorage of vessels of Pilots, Channel 74 VHF-FM. the United States Government and of (iii) The exact boundary separating authorized harbor pilot boats. No other the Port of Long Beach from the Port vessels shall anchor in this area except of Los Angeles is published in local by special permission obtained in ad- Port Tariffs. For purposes of this rule, vance from the Commander, Naval Long Beach waters are those east, and Base, San Diego, CA. The administra- Los Angeles waters are those west, of tion of these anchorages is exercised by the following locations: the Commander, Naval Base, San (A) Inner Harbor: The Henry Ford Diego, CA. (Badger Avenue) Bridge. (2) The area described in paragraph (B) Middle Harbor: The Pier 400 (a)(3) of this section is reserved for the Transportation Corridor. use of merchant vessels calling at the (C) Outer Harbor: The western bound- Port of San Diego while awaiting a ary of Commercial Anchorage B. berth. The administration of this an- (2) Required approvals, permits and no- chorage is exercised by the Port Direc- tifications. (i) No vessel may anchor tor, San Diego Unified Port District. anywhere within Los Angeles or Long

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Beach harbors for more than 10 con- federal breakwater, except for un- secutive days unless an extended an- manned barges; vessels which have less chorage permit is obtained from the than 100 gallons of oil or fuel onboard Captain of the Port. In determining regardless of how the fuel is carried; whether an extended anchorage permit and other vessels receiving advance ap- will be granted, consideration will be proval from the Captain of the Port. given, but not necessarily limited to: (ii) When sustained wind speeds ex- the current and anticipated demands ceed 40 knots, all anchored commercial for anchorage space within the harbor, vessels greater than 1600 gross tons the duration requested, the condition shall ensure their propulsion plant is of the vessel, and the reason for the replaced in immediate standby and a sec- quest. ond anchor is made ready to let go. (ii) No vessel while carrying, loading, Vessels unable to comply with this re- or unloading division 1.1 or 1.2 mate- quirement must immediately notify rials as defined in 49 CFR 173.50, or Car- the Captain of the Port. In such case, goes of Particular Hazard (COPH) as defined in 33 CFR 126.10, or Certain the Captain of the Port may require Dangerous Cargoes (CDC) as defined in the vessel to have one or more tugs 33 CFR 160.203, may anchor without standing by to render immediate as- first obtaining a permit issued by the sistance. Captain of the Port. (4) Prohibitions. Within Los Angeles (iii) Vessels requiring use of an explo- Harbor, Long Beach Harbor, and the sives anchorage should contact the Los Angeles-Long Beach Precautionary Captain of the Port at least 24 hours Area, except for emergency reasons, or prior to the anticipated need for the with the prior approval of the Captain explosives anchorage to allow for prop- of the Port, vessels are prohibited from er activation of that anchorage. anchoring outside of designated an- (iv) Except with the prior approval of chorage areas. In the event a vessel an- the Captain of the Port, or, in the case chors outside a designated anchorage of an emergency, with approval of the area for emergency reasons, the mas- Captain of the Port immediately subse- ter, pilot, or person in charge of the quent to anchoring, no commercial ves- vessel shall: sel greater than 1600 gross tons may (i) Position the vessel so as to mini- anchor in Los Angeles-Long Beach Har- mize the danger to other vessels and fa- bor unless it maintains the capability cilities; to get underway within 30 minutes. (ii) Immediately notify the Captain Any vessel unable to meet this require- of the Port by the most expeditious ment must immediately notify the means of the vessel’s location and the Captain of the Port and make arrange- reason(s) for the emergency anchoring; ments for an adequate number of tugs and to respond to the vessel within 30 min- (iii) Move the vessel as soon as the utes notice. emergency condition prompting an- (v) In anchorages where lightering is choring outside a designated area authorized, the Captain of the Port must be notified at least 4 hours in ad- abates, or as soon as ordered to move vance of a vessel conducting lightering by the Captain of the Port, whichever operations (see 33 CFR 156.118). occurs sooner. (3) Other General Requirements. (i) (5) Exemption from rules. The Captain When at anchor, all commercial vessels of the Port may, upon request, or greater than 1600 gross tons shall, at whenever he/she deems appropriate, au- all times, have a licensed or thorize a deviation from any rule in credentialed deck officer on watch and this section. maintain a continuous radio listening (b) The anchorage grounds. Locations watch unless subject to one of the ex- of anchorage grounds are as described emptions in this paragraph. The radio in this section. Specific requirements watch must be on CH–13 VHF-FM when for individual anchorages are con- anchored inside the federal break- tained in paragraphs (c) and (d) of this water, and on CH–14 VHF-FM or on CH– section. All coordinates referenced use 16 VHF-FM when anchored outside the datum: NAD 83.

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(1) Commercial Anchorage A (Los Ange- (2) Commercial Anchorage B (Long les Harbor). A circular area with a ra- Beach Harbor). An area enclosed by a dius of 400 yards (approximately 366 line joining the following coordinates: meters), centered in position 33°-43′′- 19.2′′N, 118°-14′-18.5′′W.

Latitude Longitude

Beginning point ...... 33°–44′–37.0″ N 118 °–13′–00.0″ W. Thence south/southeast to ...... 33°–44′–12.0″ N 118° –12′–36.2″ W. Thence southeast to ...... 33° –43′–38.2″ N 118° –11′–36.9″ W. Thence southwest to ...... 33° –43′–26.1″ N 118° –11′–47.2″ W. Thence west to ...... 33°–43′–26.1″ N 118°–12′–22.7″ W. Thence west/southwest to ...... 33° –42′–58.9″ N 118° –13′–53.0″ W. Thence north/northwest to ...... 33° –43′–46.0″ N 118° –14′–13.6″ W. Thence east/northeast to ...... 33° –43′–54.5″ N 118° –13′–50.0″ W. Thence north to ...... 33°–44′–22.8″ N 118°–13′–51.0″ W. Thence east/northeast to the beginning point.

(3) Commercial Anchorage C (Long Beach Harbor). An area enclosed by a line joining the following coordinates:

Latitude Longitude

Beginning point ...... 33°–44′–20.0″ N 118°–08′–26.2″ W Thence west to ...... 33°–44′–23.5″ N 118°–09′–32.6″ W Thence north to ...... 33°–44′–52.8″ N 118°–09′–33.2″ W Thence southeast to ...... 33°–44′–25.2″ N 118°–08′–26.2″ W Thence south to the beginning point.

(4) Commercial Anchorage D (Long Beach Harbor). An area enclosed by a line beginning near the east end of the Long Beach Breakwater and joining the following coordinates:

Latitude Longitude

Beginning point ...... 33°–43′–27.2″ N 118°–08′–12.6″ W Thence west to ...... 33°–43′–27.2″ N 118°–10′–46.5″ W Thence north to ...... 33°–43′–51.0″ N 118°–10′–46.5″ W Thence northeast to ...... 33°–44′–18.5″ N 118°–10′–27.2″ W Thence east to ...... 33°–44′–18.5″ N 118°–08′–12.6″ W Thence south to the beginning point.

(5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by a line joining the following coordinates:

Latitude Longitude

Beginning point ...... 33°–44′–37.0″ N 118°–09′–48.5″ W. Thence southwest to ...... 33° –44′–18.5″ N 118° –09′–56.8″ W. Thence west to ...... 33°–44′–18.5″ N 118°–10′–27.2″ W. Thence northwest to ...... 33° –44′–27.6″ N 118° –10′–41.0″ W. Thence west/northwest to ...... 33° –44′–29.0″ N 118° –10′–57.4″ W. Thence north/northwest to ...... 33° –45′–06.4″ N 118° –11′–09.5″ W. Thence northeast to ...... 33° –45′–15.2″ N 118° –10′–46.1″ W. Thence southeast to ...... 33° –45′–11.0″ N 118° –10′–32.0″ W. Thence south to ...... 33°–44′–52.0″ N 118°–10′–32.0″ W. Thence southeast to the beginning point.

(6) Commercial Anchorage F (outside of Long Beach Breakwater). The waters southeast of the Long Beach Breakwater bounded by a line connecting the following coordinates:

Latitude Longitude

Beginning point ...... 33°¥43′¥05.1″ N 118°¥07′¥59.0″ W. Thence west to ...... 33°¥43′¥05.1″ N 118°¥10′¥36.5″ W. Thence south/southeast to ...... 33° ¥38′¥17.5″ N 118° ¥07′¥00.0″ W. Thence north/northeast to ...... 33° ¥40′¥23.0″ N 118° ¥06′¥03.0″ W. And thence north/northwest to the beginning point.

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(7) Commercial Anchorage G (outside of the Middle Breakwater). The waters south of the Middle Breakwater bounded by a line connecting the following coordinates:

Latitude Longitude

Beginning point ...... 33°–43′–05.4″ N 118°–11′–18.0″ W Thence west to ...... 33°–43′–05.4″ N 118°–12′–18.7″ W Thence west/southwest to ...... 33°–42′–25.9″ N 118°–14′–19.2″ W Thence southeast to ...... 33°–41′–40.3″ N 118°–13′–05.2″ W Thence east/northeast to ...... 33°–42′–08.8″ N 118°–11′–36.8″ W And thence north/northeast to the beginning point.

(8) General Anchorage N (Los Angeles Harbor). The waters near Cabrillo Beach shoreward of a line connecting the following coordinates:

Latitude Longitude

33°–42′–55.9″ N 118°–16′–44.4″ W 33°–42′–26.8″ N 118°–16′–33.9″ W

(9) General Anchorage P (Long Beach Harbor). The waters within an area beginning at Alamitos Bay West Jetty Light ‘‘1’’ and connecting the following coordinates:

Latitude Longitude

Beginning point ...... 33°–44′–14.5″ N 118°–07′–19.2″ W Thence northwest to ...... 33°–44′–20.6″ N 118°–07′–31.7″ W Thence northwest ...... 33°–45′–06.5″ N 118°–09′–34.0″ W Thence along the eastern shoreline of Island White to the lighted marker at ..... 33°–45′–13.5″ N 118°–09′–34.0″ W Thence northwest to ...... 33°–45′–37.1″ N 118°–10′–38.5″ W Thence north/northwest to ...... 33°–45′–49.4″ N 118°–10′–38.8″ W And thence east/southeast along the Long Beach shoreline and the Alamitos Bay West Jetty to the beginning point.

(10) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim Bay). The waters within an area described as follows:

Latitude Longitude

Beginning point ...... 33°–44′–36.0″ N 118°–08′–13.0″ W Thence east/southeast to ...... 33°–44′–20.6″ N 118°–07′–31.7″ W Thence along a line described as an arc, radius of 460 meters (approximately 1509 feet) centered on ...... 33°–44′–12.5″ N 118°–07′–16.5″ W To ...... 33°–44′–04.8″ N 118°–07′–01.0″ W Thence northwest to ...... 33°–44′–11.1″ N 118°–07′–13.0″ W Thence north/northeast to ...... 33°–44′–24.0″ N 118°–07′–04.1″ W Thence east/southeast to ...... 33°–44′–22.5″ N 118°–06′–57.0″ W Thence along the shoreline of Seal Beach and Anaheim Bay W. Jetty to ...... 33°–43′–39.1″ N 118°–06′–06.8″ W Thence west/southwest to ...... 33°–43′–27.8″ N 118°–07′–39.9″ W Thence northwest to ...... 33°–43′–38.4″ N 118°–07′–48.2″ W Thence west to ...... 33°–43′–38.4″ N 118°–08′–12.9″ W and thence north to the beginning point.

(11) Explosives Anchorage (Long Beach lations applicable to certain anchor- Harbor). A circular area with a radius ages. Requirements for the explosives of 1,909 yards (1,745 meters), centered in anchorage are contained in paragraph position 33°43′37.0″ N, 118°09′05.3″ W. (d) of this section. (c) Individual anchorage requirements: (2) The geographic boundaries of each (1) Table 110.214(c) lists anchorage anchorage are contained in paragraph grounds, identifies the purpose of each (b) of this section. anchorage, and contains specific regu-

TABLE 110.214(C)

Anchorage General location Purpose Specific regulations

A ...... Los Angeles Harbor ...... Commercial ...... Note a. B ...... Long Beach Harbor ...... do ...... Do.

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TABLE 110.214(C)—Continued

Anchorage General location Purpose Specific regulations

C ...... do ...... do ...... Notes a, g. D ...... do ...... Commercial & Naval ...... Notes a, b, g. E ...... do ...... Commercial ...... Note c. F ...... Outside Breakwater ...... do ...... Notes c, g. G ...... do ...... do ...... Notes c, d. N ...... Los Angeles Harbor ...... Small Craft ...... Note e. P ...... Long Beach Harbor ...... do ...... Note f. Q ...... do ...... do ...... Notes c, g.

NOTES: a. Bunkering and lightering are permitted. b. West of 118°–09′–48″ W priority for use of the anchorage will be given to commercial vessels over 244 meters (approximately 800 feet). East of 118°–09′–48″ W priority for use of the anchorage will be given to Naval and Public vessels, vessels under Department of Defense charter, and vessels requiring use of the explosives anchorage. c. Bunkering and lightering are prohibited. d. This anchorage is within a Regulated Navigation Area and additional requirements apply as set forth in 33 CFR 165.1109(e). e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating activities conforming to applicable City of Los Angeles ordinances and regulations are allowed in this anchorage. f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating activities conforming to applicable City of Long Beach ordinances and regulations are allowed in this anchorage. g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and the requirements of paragraph (d) of this section apply.

(d) Explosives Anchorage (Long Beach no other vessel may anchor within the Harbor). (1) Priority for use of this an- Explosives Anchorage. chorage shall be given to vessels car- NOTE: When the explosives anchorage is ac- rying, loading, or unloading division tivated, portions of Anchorages ‘‘C’’, ‘‘D’’, 1.1, 1.2, 1.3, or 1.4 (explosive) materials ‘‘F’’ and ‘‘Q’’ are encompassed by the explo- as defined in 49 CFR 173.50, or Cargoes sives anchorage. of Particular Hazard (COPH) as defined in 33 CFR 126.10, or Certain Dangerous [CGD11–99–008, 65 FR 10710, Feb. 29, 2000, as amended by CGD11–04–007, 71 FR 3002, Jan. Cargoes (CDC) as defined in 33 CFR 19, 2006; CGD11–04–005, 71 FR 15037, Mar. 27, 160.203. 2006; USCG–2006–24371, 74 FR 11212, Mar. 16, (2) Vessels requiring the use of this 2009] anchorage shall notify the Captain of the Port at least 24 hours in advance of § 110.215 Anaheim Bay Harbor, Cali- their intentions including the esti- fornia; U.S. Naval Weapons Station, mated times of arrival, departure, net Seal Beach, California; Naval Explo- explosive weight, and whether the ves- sives Anchorage. sel will be loading or unloading. Ves- (a) The anchorage ground. The waters sels may not use this anchorage with- of Anaheim Bay Harbor between the out first obtaining a permit issued by east side of the Entrance Channel and the Captain of the Port. the East Jetty, and the west side of the (3) No vessel containing more than Entrance Channel and the West Jetty 680 metric tons (approximately 749 as outlined in the following two sec- tons) of net explosive weight (NEW) tions: may anchor in this anchorage; (4) Bunkering and lightering oper- (1) East Side: ations are permitted in the explosives 33°44′03.0″ N 118°05′35.0″ W anchorage, except that vessels engaged 33°43′53.0″ N 118°05′15.0″ W in the loading or unloading of explo- 33°43′49.0″ N 118°05′18.0″ W sives shall not simultaneously conduct 33°43′36.5″ N 118°05′56.0″ W ° ′ ″ ° ′ ″ bunkering or lightering operations. 33 43 37.0 N 118 05 57.0 W ° ′ ″ ° ′ ″ (5) Each anchored vessel loading, un- 33 44 03.0 N 118 05 35.0 W loading or laden with explosives, must (2) West Side: display a red flag of at least 1.2 square 33°44′05.0″ N 118°05′40.0″ W meters (approximately 16 square feet) 33°44′06.0″ N 118°05′56.5″ W in size by day, and at night the flag 33°44′01.0″ N 118°06′01.0″ W must be illuminated by spotlight; 33°43′40.5″ N 118°06′03.0″ W (6) When a vessel displaying the red 33°43′39.5″ N 118°06′02.0″ W flag occupies the explosives anchorage, 33°44′05.0″ N 118°05′40.0″ W

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(b) The regulations. (1) This area is re- Datum: NAD 83 served for use of naval vessels carrying (3) Avalon Bay. (i) Anchorage A. The or transferring ammunition or explo- waters within an area described as fol- sives under standard military restric- lows: A circle of 1350 feet radius cen- tions as established by the Safety Man- tered at 33°20′59.0″ N, 118°18′56.2″ W. ual, Armed Service Explosives Board. (ii) Anchorage B. The waters within (2) No pleasure or commercial craft an area described as follows: A circle of shall navigate or anchor within this 1350 feet radius centered at 33°20′38.3″ N, area at any time without first obtain- 118°18′35.8″ W. ing permission from the Commanding (iii) Anchorage C. The waters within Officer, Naval Weapons Station, Seal an area described as follows: A circle of Beach, California. This officer will ex- 1350 feet radius centered at 33°21′21.0″ N, tend full cooperation relating to public 118°19′16.7″ W. use of the area and will fully consider (b) The regulations. (1) The Descanso every reasonable request for the pas- Bay anchorage is reserved for yachts sage of small craft in light of require- and other small craft. Floats or buoys ments for national security and safety for marking anchors or moorings in of persons and property. place will be allowed in this area. (3) Nothing in this section shall be Fixed mooring piles or stakes are pro- construed as relieving the owner or op- hibited. erator of any vessel from the regula- (2) The Isthmus Cove anchorage shall tions contained in § 204.195 of Title 33, be available for anchorage of all types covering navigation in Anaheim Bay of craft. Temporary floats or buoys for Harbor. marking anchors or moorings in place (4) The regulations in this section will be allowed in this area. Fixed shall be administered by the Com- mooring piles or stakes are prohibited. manding Officer U.S. Naval Weapons (3) The non-anchorage area described Station, Seal Beach, California and by in paragraph (a)(2) of this section shall such agencies as he may designate, and be used only by commercial vessels. enforced by the Captain of the Port, Commercial vessels of 15 feet draft or Los Angeles-Long Beach, California. over may anchor in this area seaward [CGD11–87–07, 53 FR 878, Jan. 14, 1988] of the Catalina Island Steamship Line pier during hours between sunrise and § 110.216 Pacific Ocean at Santa Cat- sunset. The use of this area for anchor- alina Island, Calif. age is forbidden to all other craft at all (a) The anchorage grounds—(1) times. Fixed mooring piles or stakes Descanso Bay. Shoreward of a line con- and floats or buoys for marking an- necting the promontories known as chors or moorings in place are prohib- White Rock and Casino Point. ited. (2) Isthmus Cove. All the waters (4) The instructions of the Captain of bounded by a line connecting the fol- the Port requiring vessels to anchor lowing coordinates, beginning at 33°– bow and stern, or with two bow an- 27′–12″ N, 118°–30′–05″ W (the promontory chors, or requiring shifting the anchor- known as Lion Head); thence southeast age of any vessel within the anchorage to 33°–26′–55.5″ N, 118°–28′–44″ W; thence grounds for the common safety or con- west-southwest to 33°–26′50″ N, 118°–29′– venience, or for otherwise enforcing 08″ W; thence southwest to 33°–26′–39″ N, the regulations in this section, shall be 118°–29′–19″ W; thence along the shore- promptly complied with by owners, line returning to the point of origin, masters, and persons in charge of ves- excluding the following-described non- sels. anchorage area: an area 300 feet wide (5) Nothing in this section shall be (170 feet west and 130 feet east of the construed as relieving the owner or centerline of the Catalina Island person in charge of any vessels or plant Steamship Line pier), extending 1600 from the penalties of law for obstruct- feet from the foot of the pier, and an ing navigation or for obstructing or area 150 feet seaward of the shoreline interfering with range lights, or for not extending approximately 1500 feet east complying with the navigation laws in and 1500 feet northwest of the center- regard to lights, fog signals, or for oth- line of said pier. erwise violating law.

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(6) The Avalon Bay anchorage is re- (b) The regulations. Except in an served for large passenger vessels of emergency, no vessel shall anchor in over 1600 gross tons, unless otherwise these restricted areas without author- authorized by the Captain of the Port ity of the Commandant, Eleventh Los Angeles-Long Beach. Naval District. Cargo vessels destined for San Nicolas Island may anchor in [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11–95–001, 60 FR 29759, June the east area for unloading or loading. 6, 1995; GCD11–04–006, 70 FR 28426, May 18, 2005] § 110.222 Pacific Ocean at Santa Bar- bara Island, Calif. § 110.218 Pacific Ocean at San (a) The anchorage grounds. Shoreward Clemente Island, Calif.; in vicinity of a line beginning at the Santa Bar- of Wilson Cove. bara Island Light on the northeast end (a) The anchorage grounds. Shoreward of the island and bearing 23° true a dis- on a line beginning at a point on the tance of 1.515 nautical miles seaward beach bearing 153° true, 1,400 yards, from the beach; thence 140°30′ true, 2.54 from Wilson Cove Light; thence 62° nautical miles; thence 212°30′ true, 2.30 true, 0.67 nautical mile, thence 332° nautical miles; thence 296°30′ true, 0.96 true, 1.63 nautical miles; thence 241°31′ nautical mile; and thence 325° true to true to the shore line. the beach. (b) The regulations. (1) This area is re- (b) The regulations. The anchorage served exclusively for anchorage of shall be available for anchorage of all United States Government vessels or types of craft. Temporary floats or vessels temporarily operating under buoys for marking anchors in place Government direction, and no vessel, will be permitted in this area. except in an emergency, shall anchor in the area without first obtaining per- § 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun mission from the Commandant, Elev- Bay, Sacramento River, San Joa- enth Naval District, or the Senior quin River, and connecting waters, Naval Officer present who shall in turn CA. notify the Commandant promptly. (a) General regulations. (1) Within the (2) No vessel shall anchor in such a navigable waters of San Francisco Bay, manner as to unreasonably obstruct San Pablo Bay, Carquinez Strait, the approach to the wharf. Suisun Bay, New York Slough, San [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as Joaquin River Deep Water Channel, the amended by CCGD11–85–02, 51 FR 2883, Jan 22, Stockton Turning Basin, the Sac- 1986] ramento River Deep Water Ship Chan- nel between Suisun Bay and the east § 110.220 Pacific Ocean at San Nicolas end of the West Sacramento Turning Island, Calif.; restricted anchorage Basin, and connecting waters, anchor- areas. ing is prohibited outside of designated (a) The restricted areas—(1) East area. anchorages except when required for All waters within a circle having a ra- safety or with the written permission dius of one nautical mile centered at of the Captain of the Port. Each vessel latitude 33°13′45″, longitude 119°25′50″ anchoring outside an established an- (the former position of San Nicolas Is- chorage area shall immediately notify land East End Light), which point the Captain of the Port of her position bears approximately 101°, 420 yards, and reason for anchoring. from San Nicolas Island East End (2) No vessel may permanently moor Light. in areas adjacent to the San Joaquin (2) West area. Shoreward of a line River Deep Water Channel except with bearing 276° true from San Nicolas Is- the written permission of the Captain land south side light a distance of six of the Port. nautical miles; thence to a point bear- (3) Each vessel anchoring for safety ing 270° true, two nautical miles, from reasons in the San Joaquin River Deep the westernmost point of the island; Water Channel, the Sacramento River thence 60° to a point due north of the Deep Water Ship Channel, or the northernmost point of the island; Stockton or West Sacramento Turning thence 180° true to the shore. Basins shall be positioned as near to

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the edge of the channel or turning require lighter draft vessels to move to basin as possible so as not to interfere provide safe anchorage, particularly in with navigation, or obstruct the ap- Anchorages 7 and 9, for deep-draft ves- proach to any pier, wharf, slip, or boat sels. harbor and shall move as soon as the (12) Barges towed in tandem to any reason for anchoring no longer exists anchorage shall nest together when an- or when notified to move by the Cap- choring. tain of the Port. (13) Each vessel that is notified by (4) No vessel may anchor within a the Captain of the Port or his author- tunnel, cable, or pipeline area shown ized representative to shift her position on a Government chart. shall promptly shift her position. (5) No vessel may moor, anchor, or (14) No person may use these anchor- tie up to any pier, wharf, or other ves- ages for any purpose other than the sel in such a manner as to extend into purpose stated in these anchorage reg- an adjacent channel or fairway. ulations. (6) No vessel in such a condition that (15) Where these regulations require it is likely to sink or otherwise become that a vessel notify the Captain of the a menace or obstruction to navigation Port, the operator of the vessel shall or anchorage of other vessels may oc- transmit such report to the San Fran- cupy an anchorage, except when un- cisco Vessel Traffic Service. foreseen circumstances create conditions of imminent peril to personnel NOTE: Vessel Traffic Service guards VHF- and then only for such period as may FM Channel 13 (156.65 MHz) and Channel 14 be authorized by the Captain of the (156.70 MHz). Port. (16) Nothing in this section may be (7) Each vessel carrying explosives construed as relieving any vessel or the shall only anchor in an explosives an- owner or person in charge of any vessel chorage except as authorized by para- from the penalties of law for obstruct- graph (a)(1) or (a)(17) of this section. ing or interfering with range lights or (8) No vessel other than a vessel for not complying with the laws relat- under Federal supervision may go ing to lights, day signals, and fog sig- alongside or in any manner moor to nals and other navigation laws and reg- any Government-owned vessel, moor- ulations. ing buoy, or pontoon boom, their anchor cables, or any of their appendages. (17) The District Engineer, Corps of No vessel other than a vessel under Engineers, may issue written permis- Federal supervision may obstruct or sion for anchoring a single barge car- interfere in any manner with the moor- rying explosives in quantities consid- ing, unmooring, or servicing of vessels ered by the District Engineer as safe owned by the United States. and necessary in the vicinity of work (9) The Captain of the Port may re- being done directly under the District quire any vessel in a designated an- Engineer supervision or under a De- chorage area to moor with two or more partment of the Army permit. When anchors. issuing such a permit, the District En- (10) Each vessel that will not have gineer shall prescribe the conditions sufficient personnel on board to weigh under which the explosives must be anchor at any time shall anchor with stored and handled and shall furnish a two anchors with mooring swivel, un- copy of the permit and a copy of the less otherwise authorized by the Cap- rules and regulations for storing and tain of the Port. handling to the Captain of the Port. (11) Deep-draft vessels shall take (18) No vessel may anchor in a ‘‘dead precedence over vessels of lighter draft ship’’ status (propulsion or control un- in the deeper portions of all anchor- available for normal operations) at any ages. Light-draft barges and vessels anchorage other than in Anchorage 9 shall anchor away from the deeper por- as specified in Table 110.224(D)(1) with- tions of the anchorage so as not to out prior approval of the Captain of the interfere with the anchoring of deep- Port. draft vessels. Should circumstances (b) Naval anchorages. In addition to warrant, the Captain of the Port may the general regulations in paragraph

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(a) of this section, the following regula- before entering the anchorage and may tions apply to each naval anchorage de- be revoked at any time. scribed in this section. (iv) No vessel may anchor in the for- (1) Naval anchorages are intended for bidden anchorage zone surrounding an public vessels of the United States, but activated explosives anchorage. may be used by other vessels when not (5) Each vessel loaded with, loading, required for use by public vessels. or unloading explosives, while within (2) Other vessels using a naval an- an explosives anchorage, shall display chorage shall promptly notify the Cap- by day at her masthead, or at least 10 tain of the Port upon anchoring and feet above the upper deck if the vessel upon departure and shall be prepared has no mast, a red flag at least 16 to move within one hour upon notice square feet in area. should the anchorage be required for (6) Each passing vessel shall reduce public vessels. speed as necessary so as to insure that (c) Explosive anchorages. In addition its wake does not interfere with cargo to the general regulations in paragraph transfer operations aboard any vessel (a) of this section, the following regula- displaying a red flag in an explosives tions apply to each explosives anchor- anchorage. age described in this section. (7) The Captain of the Port may: (1) Explosives anchorages and, where (i) Issue permission to any vessel car- established, surrounding forbidden an- rying flammable solids, oxidizing ma- chorage zones, are temporarily acti- terials, corrosive liquids, flammable vated as needed by the Captain of the liquids, compressed gases, or poisonous Port. When not activated, explosives substances to occupy a berth in an ac- anchorages and surrounding forbidden tivated explosives anchorage. Such a anchorage zones become part of the permit must be obtained before enter- general anchorage which encompasses ing the anchorage and may be revoked them or, if not located within the at any time. boundaries of a general anchorage, be- (ii) Require any person having busi- come available for general navigation. ness on board a vessel which is loaded (2) Notice of activation and deactiva- with, loading, or unloading explosives tion of explosives anchorages will be to have a document that is acceptable disseminated by Coast Guard Broad- to the Coast Guard for identification cast Notice to Mariners. purposes and to show that document to the Captain of the Port. (3) Each vessel which anchors in an (iii) Require a non-self-propelled ves- explosives anchorage or surrounding sel, or a self-propelled vessel that is un- forbidden anchorage zone while such able to maneuver under its own power, anchorage is not activated shall be pre- that occupies an activated explosives pared to move within one hour if the anchorage to be attended by a tug. anchorage is activated. (d) Anchorage grounds. (1) Table (4) Unless otherwise authorized by 110.224(d)(1) lists anchorage grounds, the Captain of the Port: identifies the purpose of each anchor- (i) No vessel may anchor in an acti- age, and contains specific regulations vated explosives anchorage except ves- applicable to certain anchorages. sels loaded with, loading, or unloading (2) The geographic boundaries of each explosives. anchorage are contained in paragraph (ii) No vessel may enter or remain in (e) of this section. an activated explosives anchorage except (A) vessels loaded with, loading or TABLE 110.224(d)(1) unloading explosives, (B) lighters or barges delivering cargo to or from such Anchor- Specific age No. General location Purpose regulations vessels, or (C) a tug authorized by paragraph (c)(7)(iii) of this section. 4 ...... San Francisco Bay General ...... Notes a, b. (iii) No vessel carrying explosives or 5 ...... do ...... do ...... Do. 6 ...... do ...... do ...... Note a. on which explosives are to be loaded 7 ...... do ...... do ...... Notes a, b, c, may enter or remain in an activated d, e. explosives anchorage without written 8 ...... do ...... do ...... Notes a, b, c. 8A ...... do ...... do ...... Notes a, b, c, permission from the Captain of the d, e, j, n. Port. Such a permit must be obtained 9 ...... do ...... do ...... Notes a, b, m.

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TABLE 110.224(d)(1)—Continued k. See § 162.270 of this title establishing restricted areas in the vicinity of the Maritime Anchor- General location Purpose Specific Administration Reserve Fleet. age No. regulations l. Vessels using this anchorage must ex- 10 ...... do ...... Naval ...... Note a. ceed 15 feet draft, have engines on standby, 12 ...... do ...... Explosives Notes a, f. and have a pilot on board. 13 ...... do ...... do ...... Notes a, e, g. m. Any vessel anchoring in a ‘‘dead-ship’’ 14 ...... do ...... do ...... Notes a, f, h. status shall have one assist tug of adequate 18 ...... San Pablo Bay ..... General. bollard pull on standby and immediately 19 ...... do ...... do ...... Note b. available (maximum of 15 minute response 20 ...... do ...... do. 21 ...... do ...... Naval. time) to provide emergency maneuvering. 22 ...... Carquinez Strait ... General. When the sustained winds are 20 knots or 23 ...... Benicia ...... General ...... Notes c, d, e, greater, or when the wind gusts are 25 knots l. or greater, the tug must be alongside. 24 ...... Carquinez Strait ... General ...... Note j. n. This temporary anchorage will be acti- 26 ...... Suisun Bay ...... do ...... Note k. vated by VTS San Francisco when Anchor- 27 ...... do ...... do. ages 8 and 9 are at capacity and additional 28 ...... San Joaquin River ...... do. 30 ...... do ...... Explosives. anchorage capacity in the vicinity of Ala- meda is required. VTS will notify a vessel NOTES: a. When sustained winds are in ex- that this temporary anchorage is activated cess of 25 knots each vessel greater than 300 and available for use when Anchorages 8 and gross tons using this anchorage shall main- 9 are full, and a vessel requests permission tain a continuous radio watch on VHF chan- from VTS to anchor in Anchorage 8 or 9. nel 13 (156.65 MHz) and VHF channel 14 (156.70 (e) Boundaries—(1) Anchorage No. 4. MHz). This radio watch must be maintained Bounded by the west shore of San by a person who fluently speaks the English Francisco Bay and the following lines: language. Beginning on the shore southwest of b. Each vessel using this anchorage may Point San Quentin at latitude 37°56′28″ not project into adjacent channels or fair- N., longitude 122°28′54″ W.; thence east- ways. southeasterly to latitude 37°55′55″ N., c. This anchorage is primarily for use by ° ′ ″ vessels requiring a temporary anchorage longitude 122 26 49 W., thence south- waiting to proceed to pier facilities or other westerly to latitude 37°54′13″ N., lon- anchorage grounds. This anchorage may not gitude 122°27′24″ W., thence southeast- be used by vessels for the purpose of loading erly to the shore of Tiburon Peninsula any dangerous cargoes or combustible liq- at Point Chauncey at latitude uids unless authorized by the Captain of the 37°53′40.5″ N., longitude 122°26′55″ W. Port. When Explosives Anchorage No. 13 is d. Each vessel using this anchorage may activated by the Captain of the Port, it not remain for more than 12 hours unless authorized by the Captain of the Port. and the forbidden anchorage zone sur- e. Each vessel using this anchorage shall rounding it are excluded from Anchor- be prepared to move within 1 hour upon noti- age No. 4. fication by the Captain of the Port. (2) Anchorage No. 5, Southampton f. The maximum total quantity of explo- Shoal. In San Francisco Bay at South- sives that may be on board a vessel using ampton Shoal bounded by a line con- this anchorage shall be limited to 3,000 tons necting the following coordinates: unless otherwise authorized with the written ° ′ ″ ° ′ ″ permission of the Captain of the Port. 37 55 48 N. 122 25 52 W; to ° ′ ″ ° ′ ″ g. The maximum total quantity of explo- 37 55 50 N. 122 26 32 W; to ° ′ ″ ° ′ ″ sives that may be on board a vessel using 37 54 49 N. 122 26 39 W; to ° ′ ″ ° ′ ″ this anchorage shall be limited to 50 tons ex- 37 54 03 N. 122 26 06 W; to ° ′ ″ ° ′ ″ cept that, with the written permission of the 37 53 25 N. 122 25 30 W; to ° ′ ″ ° ′ ″ Captain of the Port, each vessel in transit, 37 53 23 N. 122 25 09 W; to ° ′ ″ ° ′ ″ loaded with explosives in excess of 50 tons, 37 55 19 N. 122 25 33 W; to ° ′ ″ ° ′ ″ may anchor temporarily in this anchorage 37 55 42 N. 122 25 45 W; thence provided that the hatches to the holds con- back to ° ′ ″ ° ′ ″ taining explosives are not opened. 37 55 48 N. 122 25 52 W. h. Each vessel using this anchorage will be (3) Anchorage No. 6. Bounded by the assigned a berth by the Captain of the Port east shore of San Francisco Bay and on the basis of the maximum quantity of ex- the following lines: Beginning at the plosives that will be on board the vessel. i. [Reserved] shore of the southernmost extremity of j. Each vessel using this anchorage shall Point Isabel at latitude 37°53′46″ N., promptly notify the Captain of the Port, longitude 122°19′19″ W.; thence westerly upon anchoring and upon departure. along the north shore of Brooks Island

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to the jetty extending westerly there- N and longitude 122°20′42″ W; thence from; thence westerly along the jetty northerly to latitude 37°46′38″ N and to its bayward end at latitude 37°54′13″ longitude 122°20′42″ W; thence westerly N., longitude 122°23′27″ W.; thence along the southern border of Anchor- south-southeasterly to latitude age 8 to latitude 37°46′41″ N and lon- 37°49′53″ N.; longitude 122°21′39″ W.; gitude 122°21′23″ W; thence northwest- thence southeasterly to latitude erly along the southwestern border of 37°49′32.5″ N., longitude 122°21′20.5″ W.; Anchorage 8 back to the beginning thence easterly to latitude 37°49′34″ N., point (NAD 83). longitude 122°20′13″ W.; thence east- (7) Anchorage No. 9. In San Francisco southeasterly to latitude 37°49′30″ N., Bay bounded on the east by the eastern longitude 122°19′45.5″ W.; thence east- shore of San Francisco Bay and on the northeasterly to the shore at north by the southern shore of Ala- Emeryville at latitude 37°50′04″ N., lon- meda Island and a line beginning at gitude 122°17′41″ W.; excluding from this 37°46′21.5″ N, 122°19′07″ W; thence west- area, however, the channel to Berkeley erly to 37°46′30″ N, 122°21′56″ W; thence Marina delineated by lines joining the south-southeasterly to 37°41′45″ N, following points: 122°20′22″ W (San Bruno Channel Light 37°52′08″ N., 122°19′07″ W. 1); thence south-southeasterly to 37°52′03″ N., 122°19′17.5″ W. 37°38′38.5″ N, 122°18′48.5″ W (San Bruno 37°52′00″ N., 122°19′15.5″ W. ° ′ ″ ° ′ ″ Channel Light 5); thence southeasterly 37 51 01 N., 122 22 07 W. ° ′ ″ ° ′ ″ 37°50′43″ N., 122°22′00″ W. to 37 36 05 N, 122 14 18 W; thence 37°50′53″ N., 122°21′32″ W. northeasterly to shore at 37°37′38.5″ N, 37°51′47″ N., 122°18′59″ W. 122°09′06.5″ W (NAD 83). (8) Anchorage No. 10. In San Francisco (4) Anchorage No. 7, Treasure Island. In San Francisco Bay at Treasure Is- Bay bounded by the east shore of land bounded a line connecting the fol- Sausalito and the following lines: Be- lowing coordinates: ginning on the shore of Sausalito at latitude 37°51′20″ N., longitude 122°28′38″ 37°49′36″ N., 122°22′40″ W; to 37°50′00″ N., 122°22′57″ W; to W.; thence southeasterly to latitude 37°50′00″ N., 122°23′44″ W; to 37°50′57.5″ N., longitude 122°27′57″ W.; 37°49′22.5″ N., 122°23′44″ W; to thence southwesterly to the shore of 37°48′40.5″ N., 122°22′38″ W; to Sausalito at latitude 37°50′36″ N., lon- 37°49′00.0″ N., 122°22′16″ W; thence gitude 122°28′34″ W. along the shore to (9) Anchorage No. 12. In San Francisco ° ′ ″ ° ′ ″ 37 49 36 N., 122 22 40 W. Bay east of the city of San Francisco a (5) Anchorage No. 8. In San Francisco circular area having a radius of 500 Bay bounded by the west shore of Ala- yards centered at latitude 37°44′32.5″ N., meda Island and the following lines: longitude 122°20′27.5″ W. A 667-yard- Beginning at 37°47′52″ N, 122°19′58″ W; wide forbidden anchorage zone sur- thence west-northwesterly to 37°48′02.5″ rounds this anchorage. N 122°21′01.5″ W; thence west-southwest- (10) Anchorage No. 13. In San Fran- erly to 37°47′51.5″ N, 122°21′40″ W; thence cisco Bay east of the Tiburon Penin- south-southwesterly to 37°47′35.5″ N, sula a circular area having a radius of 122°21′50″ W; thence south-southeast- 333 yards centered at latitude 37°55′26″ erly to 37°46′40″ N, 122°21′23″ W; thence N., longitude 122°27′27″ W. A 667-yard- easterly to 37°46′36.5″ N, 122°19′52″ W; wide forbidden anchorage zone sur- thence northerly to shore at 37°46′53″ N, rounds this anchorage except where 122°19′53.5″ W (NAD 83). such zone would extend beyond the (6) Anchorage No. 8A. In San Fran- limits of Anchorage No. 4. cisco Bay bounded by the following lines: Beginning at latitude 37°47′35″ N NOTE: See § 110.224(e)(2) for a description of and longitude 122°21′50″ W; thence Anchorage No. 4. south-southwesterly to latitude (11) Anchorage No. 14. In San Fran- 37°47′07″ N and longitude 122°22′09″ W; cisco Bay east of Hunters Point an area thence south-southeasterly to latitude 1,000 yards wide and 2,760 yards long, 37°46′30″ N and longitude 122°21′57″ W; the end boundaries of which are thence easterly along the northern bor- semicircles, with a radii of 500 yards der of Anchorage 9 to latitude 37°46′26″ and center, respectively at latitude

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37°42′37″ N., longitude 122°19′48″ W. and tude 38°03′48″ N., longitude 122°15′16″ W.; latitude 37°43′29″ N., longitude 122°19′48″ thence westerly to latitude 38°03′42″ N., W. (NAD 83); and the side boundaries of longitude 122°15′52″ W.; thence north- which are parallel tangents joining the erly to the point of beginning. semicircles. A forbidden anchorage (16) Anchorage No. 22, Carquinez Strait. zone extends 667 yards out from the pe- In Carquinez Strait an area bounded by rimeter on each side. a line connecting the following coordi- (12) Anchorage No. 18. In San Pablo nates: Bay bounded by the west shore of San 38°02′36.8″ N. 122°09′59″ W; to Pablo Bay and the following lines: Be- 38°02′06.6″ N. 122°09′46.7″ W; to ginning at the shore at Point San 38°01′53.8″ N. 122°09′00″ W; to Pedro at latitude 37°59′16″ N., longitude 38°02′33.9″ N. 122°09′00″ W; thence 122°26′47″ W.; thence easterly to lati- back to ° ′ ″ ° ′ ″ tude 37°59′16″ N., longitude 122°26′26″ W.; 38 02 36.8 N. 122 09 59 W. thence northerly to latitude 38°03′46″ (17) Anchorage No. 23, Benicia. In N., longitude 122°25′52.5″ W.; thence Carquinez Strait an area bounded by a northwesterly to the shore south of the line connecting the following coordi- entrance to Novato Creek at latitude nates: 38°05′13.5″ N., longitude 122°29′04″ W.; ex- 38°02′33.9″ N. 122°09′00″ W; to cluding from this area, however, the 38°01′53.8″ N. 122°09′00″ W; to channel to Hamilton Field and the ex- 38°01′57.4″ N. 122°08′19.3″ W; to tension of this channel easterly to the 38°02′33″ N. 122°08′18.6″ W; thence boundary of the anchorage, and the back to ° ′ ″ ° ′ ″ pipeline area therein. 38 02 33.9 N. 122 09 00 W. (13) Anchorage No. 19. In San Pablo (18) Anchorage No. 24. Bounded by the Bay bounded by the northeast shore of north shore of Carquinez Strait and the San Pablo Bay and the following lines: following points: Beginning on the Beginning at the shore of Tubbs Island shore at Dillon Point at 38°03′44″ N, at latitude 38°07′39″ N., longitude 122°11′34″ W; thence southeasterly to 122°25′18″ W.; thence southerly to lati- 38°03′21″ N, 122°10′43″ W; thence south- tude 38°00′36″ N., longitude 122°25′20″ W.; easterly to 38°02′36″ N, 122°10′03″ W thence northeasterly to latitude (Carquinez Strait Light 23); thence to 38°03′13″ N., longitude 122°19′46″ W.; the shore at the Benicia City Wharf at thence east-northeasterly to latitude 38°02′40″ N, 122°09′55″ W (NAD 83). 38°03′37″ N., longitude 122°17′13″ W.; (19) Anchorage No. 26. On the west thence northerly to the long dike ex- side of Suisun Bay, adjacent to and tending southwesterly from Mare Is- northeast of the city of Benicia within land at latitude 38°03′52.5″ N., longitude the following boundaries:Beginning on 122°17′10″ W.; thence along the long dike the shore northeast of Army Point at to the shore at Mare Island. latitude 38°02′54″ N., longitude 122°07′37″ (14) Anchorage No. 20. In San Pablo W.; thence south-southeasterly along Bay bounded by the southeast shore of the Southern Pacific bridge to latitude San Pablo Bay and the following lines: 38°02′38″ N., longitude 122°07′24″ W.; Beginning at the northeast corner of thence easterly to latitude 38°02′42″ N., Parr Terminal No. 4 at Point San longitude 122°07′07.5″ W.; thence north- Pablo at latitude 37°57′59″ N., longitude easterly to latitude 38°05′42″ N., lon- 122°25′35″ W.; thence northeasterly to gitude 122°04′06″ W.; thence northwest- latitude 38°01′27.5″ N., longitude erly to the shore at latitude 38°05′58″ 122°21′33″ W.; thence east-northeasterly N., longitude 122°04′28″ W.; thence along to the Union Oil Co. pier at Oleum at the shore to the point of beginning. latitude 38°03′18″ N., longitude 122°15′37″ (20) Anchorage No. 27. In the north- W.; and thence along this pier to the east portion of Suisun Bay bounded by shore. the north shore and the following lines: (15) Anchorage No. 21. In San Pablo Beginning on the shore of Grizzly Is- Bay south of Mare Island a rectangular land at latitude 38°08′13″ N., longitude area beginning at latitude 38°03′56″ N., 122°02′42.5″ W.; thence southerly to tri- longitude 122°15′56″ W.; thence easterly pod at Preston Point on Roe Island at to latitude 38°04′02″ N., longitude latitude 38°04′16″ N., longitude 122°02′42″ 122°15′20″ W.; thence southerly to lati- W.; thence along the south shore of Roe

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Island to latitude 38°04′05″ N., longitude to latitude 46°11′44.98″ N, longitude 122°01′35″ W.; thence east-southeasterly 123°49′49.44″ W; thence continuing west- to latitude 38°03′42.5″ N., longitude erly to latitude 46°11′44.32″ N, longitude 121°58′54″ W.; thence easterly to the 123°49′58.88″ W; thence continuing shore of Chipps Island at latitude northeasterly to the point of the begin- 38°03′42.5″ N., longitude 121°55′05″ W. ning. (21) Anchorage No. 28. The area bound- (2) Astoria South Anchorage. An area ed on the east by the shore of Lower enclosed by a point beginning east- Sherman Island and the following northeast of Astoria, Oregon, at lati- lines: Beginning at Point Sacramento tude 46°11′46.95″ N, longitude on Lower Sherman Island at latitude 123°49′13.04″ W; thence continuing 38°03′45″ N., longitude 121°50′17.5″ W.; northeasterly to latitude 46°13′02.18″ N, thence southwesterly to latitude longitude 123°45′54.55″ W; thence con- 38°03′37.5″ N., longitude 121°50′31″ W.; tinuing easterly to latitude 46°13′05.90″ thence south-southeasterly to latitude N, longitude 123°45′41.55″ W; thence con- 38°02′11″ N.; longitude 121°49′58″ W.; tinuing southeasterly to latitude thence to the shore of Lower Sherman 46°12′55.16″ N, longitude 123°45′34.31″ W; Island at latitude 38°02′23″ N., longitude thence continuing southwesterly to 121°49′49″ W. latitude 46°12′24.32″ N, longitude (22) Anchorage No. 30. The portion of 123°46′34.70″ W; thence continuing west- the Old San Joaquin River Channel southwesterly to latitude 46°11′37.32″ N, bounded on the west by the shore of longitude 123°49′03.46″ W; thence con- Mandeville Point and the following tinuing north-northwesterly to the lines: Beginning on the shore of point of the beginning. Mandeville Point at latitude 38°04′01″ (3) Longview Anchorage. An area en- N., longitude 121°32′05″ W.; thence closed by a line beginning southeast of northeasterly to latitude 38°04′07.5″ N., Longview, Washington, at latitude longitude 121°31′58″ W.; thence south- 46°06′28.69″ N, longitude 122°57′38.33″ W; easterly to latitude 38°03′47″ N., lon- thence continuing northwesterly to gitude 121°31′42.5″ W.; thence westerly latitude 46°06′41.71″ N, longitude to the shore of Mandeville Point at 122°58′01.25″ W; thence continuing west- latitude 38°03′47.5″ N., longitude erly to latitude 46°07′22.55″ N, longitude 121°31′56″ W. 122°59′00.81″ W; thence continuing west- [CGD12 84–07, 51 FR 12315, Apr. 10, 1986] erly to latitude 46°07′36.21″ N, longitude 122°59′19.29″ W; thence continuing EDITORIAL NOTE: For FEDERAL REGISTER ci- ° ″ ′ tations affecting § 110.224, see the List of CFR southwesterly to latitude 46 07 28.44 N, Sections Affected, which appears in the longitude 122°59′31.18″ W; thence con- Finding Aids section of the printed volume tinuing easterly to latitude 46°07′14.77″ and at www.fdsys.gov. N, longitude 122°59′12.70″ W; thence continuing easterly to latitude 46°06′42.01″ § 110.228 Columbia River, Oregon and N, longitude 122°58′28.41″ W; thence con- Washington. tinuing northeasterly to latitude (a) Anchorage grounds.—(1) Astoria 46°06′34.27″ N, longitude 122°58′14.21″ W; North Anchorage. An area enclosed by a thence continuing northeasterly to line beginning northeast of Astoria, Or- latitude 46°06′32.19″ N, longitude egon, at latitude 46°12′00.79″ N, lon- 122°58′08.77″ W; thence continuing gitude 123°49′55.40″ W; thence con- northeasterly to latitude 46°06′22.44″ N, tinuing easterly to latitude 46°12′02.00″ longitude 122°57′43.27″ W; thence con- N, longitude 123°49′40.09″ W; thence continuing northeasterly to the point of tinuing east-northeasterly to latitude the beginning. 46°13′14.85″ N, longitude 123°46′27.89″ W; (4) Kalama Anchorage. An area to be thence continuing south-southeasterly enclosed by a line beginning north- to latitude 46°13′00.56″ N, longitude northwesterly of Sandy Island at lati- 123°46′16.65″ W; thence continuing tude 46°01′20.48″ N, longitude southwesterly to latitude 46°11′51.79″ N, 122°52′04.32″ W; thence continuing east- longitude 123°49′18.08″ W; thence con- southeasterly to latitude 46°00′57.73″ N, tinuing west-southwesterly to latitude longitude 122°51′35.14″ W; thence con- 46°11′46.27″ N, longitude 123°49′43.48″ W; tinuing east-southeasterly to latitude thence continuing west-southwesterly 46°00′53.95″ N, longitude 122°51′30.29″ W;

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thence continuing southeasterly to north-northeast of Reeder Point at latitude 46°00′35.10″ N, longitude latitude 45°43′39.18″ N, longitude 122°51′15.37″ W; thence continuing 122°45′27.54″ W; thence continuing south-southeasterly to latitude south-southwesterly to latitude 45°59′41.48″ N, longitude 122°50′52.40″ W; 45°41′26.95″ N, longitude 122°46′13.83″ W; thence continuing southwesterly to thence continuing southerly to lati- latitude 45°59′38.65″ N, longitude tude 45°40′35.72″ N, longitude 122°51′05.97″ W; thence continuing 122°46′09.98″ W; thence continuing north-northwesterly to latitude south-southeasterly to latitude 46°00′36.82″ N, longitude 122°51′30.90″ W; 45°40′23.95″ N, longitude 122°46′04.26″ W; thence continuing west-northwesterly thence continuing west-southwesterly to latitude 46°00′51.32″ N, longitude to latitude 45°40′20.68″ N, longitude 122°51′45.44″ W; thence continuing west- 122°46′16.07″ W; thence continuing northwesterly to latitude 46°01′24.38″ N, northwesterly to latitude 45°40′32.85″ N, longitude 122°52′21.20″ W; thence con- longitude 122°46′21.98″ W; thence continuing northeasterly to the beginning. tinuing north-northwesterly to lati- (5) Woodland Anchorage. An area en- tude 45°41′01.03″ N, longitude closed by a line beginning northeast of 122°46′26.85″ W; thence continuing Columbia City, Oregon, at latitude northerly to latitude 45°41′29.07″ N, lon- 45°53′55.31″ N, longitude 122°48′17.35″ W; gitude 122°46′26.15″ W; thence con- thence continuing easterly to latitude tinuing north-northeasterly to latitude 45°53′57.11″ N, longitude 122°48′02.16″ W; 45°43′41.27″ N, longitude 122°45′39.87″ W; thence continuing south-southeasterly thence continuing easterly to the point to latitude 45°53′27.16″ N, longitude of the beginning. The Vancouver lower 122°47′44.28″ W; thence continuing west- anchorage will then resume slightly erly to latitude 45°53′20.16″ N, longitude further upstream at an area north of 122°48′02.37″ W; thence continuing Kelly point and will be enclosed by a northwesterly to latitude 45°53′41.50″ N, line starting at latitude 45°40′10.09″ N, longitude 122°48′13.53″ W; thence con- longitude 122°45′57.53′ W; thence continuing northerly to the point of begin- tinuing southeasterly to latitude ning. 45°39′42.94″ N, longitude 122°45′44.34″ W; (6) Henrici Bar Anchorage. An area en- thence continuing west-southwesterly closed by a line beginning west-south- to latitude 45°39′40.07″ N, longitude westerly of Bachelor Slough, Wash- 122°45′56.34″ W; thence continuing ington, at latitude 45°47′24.68″ N, lon- northwesterly to latitude 45°40′06.75″ N, gitude 122°46′49.14″ W; thence con- longitude 122°46′09.30″ W; thence continuing east-southeasterly to latitude tinuing east-northeasterly to the point 45°46′44.95″ N, longitude 122°46′13.23″ W, of the beginning. thence continuing southeasterly to (8) Kelly Point Anchorage. An area en- latitude 45°46′25.67″ N, longitude closed by a line beginning northeast of 122°46′00.54″ W; thence continuing Kelly Point, Oregon, at latitude south-southeasterly to latitude 45°39′10.32″ N, longitude 122°45′36.45″ W; 45°46′02.69″ N, longitude 122°45′50.32″ W; thence continuing east-southeasterly thence continuing southerly to lati- to latitude 45°39′02.10″ N, longitude tude 45°45′43.66″ N, longitude 122°45′21.67″ W; thence continuing east- 122°45′45.33″ W; thence continuing southeasterly to latitude 45°38′59.15″ N, southerly to latitude 45°45′37.52″ N, lon- longitude 122°45′16.38″ W; thence con- gitude 122°45′44.99″ W; thence continuing southwesterly to latitude tinuing westerly to latitude 45°45′37.29″ 45°38′51.03″ N, longitude 122°45′25.57″ W; N, longitude 122°45′53.06 W; thence con- thence continuing westerly to latitude tinuing north-northwesterly to lati- 45°38′51.54″ N, longitude 122°45′26.35″ W; tude 45°46′15.94″ N, longitude thence continuing northwesterly to 122°46′10.25″ W; thence continuing west- latitude 45°39′06.27″ N, longitude northwesterly to latitude 45°47′20.20″ N, 122°45′40.50″ W; thence continuing longitude 122°46′59.28″ W; thence con- north-northeasterly to the beginning tinuing easterly to the point of begin- point. ning. (9) Upper Vancouver Anchorage. An (7) Lower Vancouver Anchorage. An area enclosed by a line beginning area enclosed by a line beginning north-northeast of Hayden Island at

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latitude 45°38′43.44″ N, longitude thence continuing east-northeasterly 122°44′39.50″ W; thence continuing to the point of the beginning. northeasterly to 45°38′26.98″ N, lon- (b) Regulations. gitude 122°43′25.87″ W; thence con- (1) All designated anchorages are in- tinuing east-northeasterly to latitude tended for the primary use of deep- 45°38′17.31″ N, longitude 122°42′54.69″ W; draft vessels over 200 feet in length. thence continuing easterly to latitude (2) If a vessel under 200 feet in length 45°38′12.40″ N, longitude 122°42′43.93″ W; is anchored in a designated anchorage, thence continuing east-southeasterly the master or person in charge of the ° ′ ″ to latitude 45 37 40.53 N, longitude vessel shall: ° ′ ″ 122 41 44.08 W; thence south-southeast- (i) Ensure that the vessel is anchored ° ′ ″ erly to latitude 45 37 36.11 N, longitude so as to minimize conflict with large, ° ′ ″ 122 41 48.86 W; thence continuing west- deep-draft vessels utilizing or seeking southwesterly to latitude 45°37′52.20″ N, to utilize the anchorage; and longitude 122°42′19.50″ W; thence con- (ii) Move the vessel out of the area if tinuing west-southwesterly to latitude requested by the master of a large, 45°38′10.75″ N, longitude 122°43′08.89″ W; deep-draft vessel seeking to enter or thence continuing southwesterly to latitude 45°38′18.79″ N, longitude depart the area or if directed by the 122°43′44.83″ W; thence continuing west- Captain of the Port. erly to latitude 45°38′41.37″ N, longitude (3) Vessels desiring to anchor in des- 122°44′40.44″ W; thence continuing ignated anchorages shall contact the northeasterly to the point of begin- pilot office that manages that anchor- ning. age to request an appropriate position (10) Cottonwood Island Anchorage. An to anchor. Columbia River Bar Pilots area enclosed by a line beginning west- manage Astoria North Anchorage and southwest of Longview, WA at latitude Astoria South Anchorage. Columbia 46°05′56.88″ N, longitude 122°56′53.19″ W; River Pilots manage all designated an- thence continuing easterly to latitude chorages upriver from Astoria. 46°05′14.06″ N, longitude 122°54′45.71″ W; (4) No vessel may occupy a des- thence continuing east-southeasterly ignated anchorage for more than 30 to latitude 46°04′57.12″ N, longitude consecutive days without permission 122°54′12.41″ W; thence continuing from the Captain of the Port. southeasterly to latitude 46°04′37.55″ N, (5) No vessel being laid-up or disman- longitude 122°53′45.80″ W; thence con- tled or undergoing major alterations or tinuing southeasterly to latitude repairs may occupy a designated an- 46°04′13.72″ N, longitude 122°53′23.66″ W; chorage without permission from the thence continuing southeasterly to Captain of the Port. latitude 46°03′54.94″ N, longitude (6) No vessel carrying a Cargo of Par- 122°53′11.81″ W; thence continuing ticular Hazard listed in § 126.10 of this ° ′ ″ southerly to latitude 46 03 34.96 N, lon- chapter may occupy a designated an- ° ′ ″ gitude 122 53 03.17 W; thence con- chorage without permission from the ° ′ ″ tinuing westerly to latitude 46 03 32.06 Captain of the Port. N, longitude 122°53′19.68″ W; thence con- (7) No vessel in a condition such that tinuing north-northwesterly to lati- it is likely to sink or otherwise become tude 46°03′50.84″ N, longitude a hazard to the operation of other ves- 122°53′27.81″ W; thence continuing sels shall occupy a designated anchor- northwesterly to latitude 46°04′08.10″ N, longitude 122°53′38.70″ W; thence con- age except in an emergency and then tinuing northwesterly to latitude only for such periods as may be author- 46°04′29.41″ N, longitude 122°53′58.17″ W; ized by the Captain of the Port. thence continuing north-northwesterly (8) Vessels anchoring in Astoria to latitude 46°04′49.89″ N, longitude North Anchorage should avoid placing 122°54′21.57″ W; thence continuing their anchor in the charted cable area. ° ′ ″ northwesterly to latitude 46 05 06.95 N, [USCG–2008–1232, 74 FR 51781, Oct. 8, 2009, as longitude 122°54′50.65″ W; thence con- amended by USCG–2010–0351, 75 FR 36282, tinuing northwesterly to latitude June 25, 2010] 46°05′49.77″ N, longitude 122°56′ 58.12″ W;

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§ 110.229 Straits of Juan de Fuca, (1–b) Bellingham Bay Explosives An- Wash. chorage. The waters of Bellingham Bay (a) Anchorage grounds—(1) Nonanchor- within a circular area with a radius of 1,000 yards, having its center at lati- age area (Port Angeles Harbor). Begin- tude 48°42′48″, longitude 122°33′37″. ning at a point on the shore at latitude (2) Port Townsend Explosives Anchor- 48°07′04.5″ N., longitude 123°24′15.6″ W.; ages—(i) Fair weather anchorage area. A thence to latitude 48°07′39.1″ N., lon- circular area having a radius of 300 gitude 123°24′00″ W.; thence to latitude yards, whose center is at latitude 48°07′36.7″ N., longitude 123°23′46″ W.; 48°06′26″, longitude 122°43′46″. thence to a point on the shoreline at (ii) Foul weather anchorage area. A latitude 48°06′57.4″ N., longitude circular area having a radius of 300 123°24′04″ W. yards, whose center is at latitude (b) The regulations. (1) No vessel may 48°04′05″, longitude 122°44′52″. anchor in this nonanchorage area at (3) Holmes Harbor General Anchorage. any time. All of Holmes Harbor lying southerly (2) Dragging, seining, fishing, or of a line ranging 310° through Hackney other activities which may foul under- Island, between the shores of Whidbey water installations within this non- Island. anchorage area are prohibited. (4) Port Gardner General Anchorage, (3) Vessels may transit his non- Possession Sound. Beginning at a point anchorage area, but must proceed by bearing 211°, 560 yards, from Snohomish the most direct route and without un- River Light 5; thence 180°, 675 yards; necessary delay. thence 216°, 250 yards; thence 254°, 800 (4) The city of Port Angeles will yards; thence 302°, 1,700 yards; thence mark this area with signs on the shore- 49°, 1,280 yards; thence approximately line visible (during normal daylight) 1 115°, 1,525 yards, to the point of begin- mile to seaward reading, ‘‘Do not An- ning. chor in This Area.’’ (5) [Reserved] (6) Thorndike Bay Emergency Explo- [CGD 72–233, 39 FR 41849, Dec. 3, 1974] sives Anchorage, Hood Canal. Beginning at a point bearing 267°, 3,500 yards, § 110.230 Puget Sound Area, Wash. from Hood Canal Light 7; thence 180°, (a) The anchorage grounds—(1) Fresh- 1,000 yards to a point approximately water Bay emergency explosives anchor- 251°, 3,725 yards, from Hood Canal Light age, Strait of Juan de Fuca. All of Fresh- 7; thence 270°, 1,350 yards to a point ap- water Bay and adjacent waters shore- proximately 256°, 5,000 yards, from ward of a line beginning at Observatory Hood Canal Light 7; thence due north Point, latitude 48°09′03″, longitude 1,000 yards, to a point approximately 123°38′12″, thence due north approxi- 268°, 4,900 yards, from Hood Canal Light mately 1,150 yards to latitude 48°09′36″, 7; thence approximately 90°, 1,350 longitude 123°38′12″; thence 90°, approxi- yards, to the point of beginning. mately 6,450 yards, to latitude 48°09′36″, (7) Smith Cove General Anchorage longitude 123°33′27″; thence 180° to the (west), Elliott Bay. Shoreward of a line shoreline. beginning at Fourmile Rock Light; (i) This area does not constitute an thence to a point bearing 207°, 1,100 explosives anchorage for loading or dis- yards, from Fourmile Rock Light; charging explosives, but is established thence southeasterly to a point bearing exclusively for use by explosives laden 6°30′, 2,075 yards, from Duwamish Head vessels enroute to the ammunition Light 2; thence due north to the shore dumping area which encounter adverse of Smith Cove. weather and sea conditions and are (8) Smith Cove General Anchorage forced to await more favorable condi- (east) Elliott Bay. Shoreward of a line tions before proceeding to sea. beginning at latitude 47°37′36.3″ N., (1–a) Bellingham Bay General Anchor- Longitude 122°22′38″ W.; thence due age. The waters of Bellingham Bay south 1,350 yards to latitude 47°36′56.6″ within a circular area with a radius of N., Longitude 122°22′38″ W.; thence due 2,000 yards, having its center at lati- east to the shore at latitude 47°36′56.6″ tude 48°44′15″, longitude 122°32′25″. N., Longitude 122°21′18.8″ W.

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(9) Elliott Bay General Anchorage (ii) Anacortes Center (ANC) Anchorage (east). Shoreward of a line beginning at Area. The waters within a circular area the northeast corner of Harbor Island with a radius of 600 yards, having its at latitude 47°35′26.2″ N., longitude center at 48°30′54″ N, 122°34′06″ W. 122°20′41″ W.; thence due north 1,025 [Datum: NAD 1983]. yards to latitude 47°35′56.5″ N., lon- (iii) Anacortes West (ANW) Anchorage gitude 122°20′41″ W.; thence due west on Area. The waters within a circular area said line to its intersection with the with a radius of 600 yards, having its east line of the West Waterway at lati- center at 48°31′09″ N, 122°34′55″ W. tude 47°35′56.5″ N., longitude 120°21′25.5″ [Datum: NAD 1983]. W.; thence due south to the northwest (16) Cap Sante Tug and Barge General corner of Harbor Island at latitude Anchorage. The Cap Sante Tug and 47°35′17.3″ N., longitude 122°21′25.5″ W. Barge General Anchorage includes all (10) Elliott Bay General Anchorage waters enclosed by a line connecting (west). Shoreward of a line beginning at the following points: 48°31′16″ N, latitude 47°35′06.7″ N., longitude 122°36′00″ W, which is approximately 122°21′36.8″ W.; thence due north to lati- the northeast tip of Cap Sante; then tude 47°35′46″ N., longitude 122°21′36.8″ southeast to 48°30′53″ N, 122°35′28″ W; W.; thence on a bearing 335° T for 400 then west southwest to 48°30′45″ N, yards to latitude 47°35′56.5″ N., lon- 122°35′52″ W, approximately the south gitude 122°21′44″ W.; thence due west to tip of Cap Sante; then north along the Duwamish Head Light; thence due shoreline to the point of origin. south to the shoreline. [Datum: NAD 1983]. (11) Orchard Point General Anchorage, (17) Hat Island Tug and Barge General Puget Sound. Beginning at Orchard Anchorage. The Hat Island Tug and Point Light; thence 106°, two miles; Barge General Anchorage includes all thence 180° to the northern shore of waters enclosed by a line connecting Blake Island; thence west and south the following points: 48°31′19″ N, along the shoreline to the southern end 122°33′04″ W, near the west side of Hat of Blake Island at approximate lon- Island; then southwest to 48°30′37″ N, gitude 122°29′16″; thence 250° to the 122°33′38″ W; then east to 48°30′37″ N, dock at Harper; thence westerly and 122°32′00″ W; then northwest to the northerly along the shoreline to the point of origin. [Datum: NAD 1983]. point of beginning. (b) The regulations. (1) No vessel shall (12) [Reserved] anchor in any general anchorage de- (13) Commencement Bay General An- scribed in paragraph (a) of this section chorage. A quadrilateral area bounded without prior permission from the Cap- as follows: Beginning at latitude tain of the Port (COTP), or his author- 47°17′37″ N., longitude 122°26′00″ W.; ized representative. Vessel Traffic thence due south to latitude 47°17′19″ Service Puget Sound is designated as N., longitude 122°26′00″ W.; thence due the COTP’s authorized representative. east to a point bearing 286° T from All vessels should seek permission at Hylebos Waterway Light 1 at a dis- least 48 hours prior to arrival at the tance of 450 yards; thence due north to anchorage area in order to avoid un- latitude 47°17′33″ N., longitude 122°25′00″ necessary delays. W.; thence west northwest to the point (i) Except for the Anacortes General of beginning. Anchorages, a berth in a general an- (14) Cherry Point General Anchorage. chorage, if available, may be assigned The waters within a circular area with to any vessel by the Captain of the a radius of 0.8 nautical mile, having its Port or his authorized representative center at latitude 48°48′30″ N., longitude upon application and he may grant rev- 122°46′00″ W. ocable permits for the continuous use (15) Anacortes General Anchorages. (i) of the same berth. For the Anacortes Anacortes East (ANE) Anchorage Area. General Anchorages, the following hi- The waters within a circular area with erarchy will be applied for assignment a radius of 600 yards, having its center of a berth: tankers conducting at 48°31′27″ N., 122°33′45″ W. [Datum: lightering operations, then loaded NAD 1983]. tankers, and then all other vessels.

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(ii) Tugs and oil barges using the Cap occupy a general anchorage except in Sante and Hat Island General Anchor- an emergency and then only for such ages are exempt from the requirement period as may be permitted by the Cap- to obtain the COTP’s permission. tain of the Port. A berth in a general (2) Except for the Anacortes General anchorage, if available, may be as- Anchorages, no vessel shall occupy any signed to any vessel by the Captain of general anchorage for a period longer the Port upon application and he may than 30 days unless a permit is ob- grant revocable permits for the contin- tained from the Captain of the Port for uous use of the same berth. that purpose. There is a 10 days max- (8) Explosive anchorages are reserved imum stay at the Anacortes East and for vessels carrying explosives. All ves- Anacortes Center general anchorages, sels carrying explosives shall be within and 6 day maximum stay at the Anacortes West general anchorage. these areas when anchored. (3) The COTP or his authorized rep- (9) Whenever any vessel not fitted resentative may require vessels to de- with mechanical power, anchors in an part from the Anacortes General An- explosive anchorage, the Captain of the chorage before the expiration of the au- Port may require the attendance of a thorized or maximum stay. The COTP tug upon such vessel, when, in his judg- or his authorized representative will ment, such action is necessary. provide at least 24-hour notice to a ves- (10) Vessels carrying explosives shall sel required to depart the Anacortes comply with the general regulations in General Anchorage. paragraph (b)(1) of this section, when (4) No vessel in a condition such that applicable. it is likely to sink or otherwise become (11) Every vessel at anchor in an ex- a menace or obstruction to the naviga- plosives anchorage shall display by day tion or anchorage of other vessels shall a red flag at least 16 square feet in area occupy any general anchorage except at its mast head or at least 10 feet in an emergency and then only for such above the upper deck if the vessel has period as may be permitted by the Cap- no mast, and by night a red light in the tain of the Port. same position specified for the flag. (5) Within the Anacortes General An- These signals shall be in addition to chorages, lightering operations shall day signals and lights required to be only be conducted in the Anacortes West and Anacortes Center anchorages. shown by all vessels when at anchor. (6) Tugs and barges using the Cap (12) Every vessel constructed of wood Sante and Hat Island Barge General shall, unless there are steel bulwarks Anchorages are required to ensure or metallic cases or cargo on board, be their vessels and barges do not project fitted with radar reflector screens of beyond the holding area’s boundaries. metal of sufficient size to permit tar- The tug must be manned, remain in at- get indication on the radar screen of tendance with the barge and maintain commercial type radars. a communications guard with VTS on (13) Fishing and navigation by pleas- an appropriate VTS VHF radio working ure and commercial craft are prohib- frequency, which is currently channel ited within the area at all times when 5A. vessels which are anchored in the area (7) No vessel shall anchor in any gen- for the purpose of loading or unloading eral anchorage described in paragraph explosives display a red flag by day and (a) of this section without prior per- a red light by night, unless special permission from the Captain of the Port, mission is granted by the Captain of or his authorized representative. No the Port. vessel shall occupy any general anchor- (14) No explosives handling in any ex- age for a period longer than 30 days un- plosive anchorage will be undertaken less a permit is obtained from the Cap- tain of the Port for that purpose. No by any vessel unless personnel from the vessel in a condition such that it is Captain of the Port are on board to su- likely to sink or otherwise become a pervise the handling of explosives. menace or obstruction to the naviga- (15) No vessel shall remain at anchor tion or anchorage of other vessels shall in any explosive anchorage unless

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there is on board such vessel a com- main within the explosives anchorage. petent watchman or a tug in attend- The vessel shall anchor in the position ance. specified by the permit. [CGFR 67–46, 32 FR 17728, Dec. 12, 1967] (3) The net weight of the explosives laden aboard all vessels anchored, EDITORIAL NOTE: For FEDERAL REGISTER ci- moored, or remaining within the an- tations affecting § 110.230, see the List of CFR chorage shall not exceed 800,000 pounds. Sections Affected, which appears in the Finding Aids section of the printed volume (4) The Captain of the Port, South- and at www.fdsys.gov. east, Alaska, may require a nonself propelled vessel to be attended by a tug § 110.231 Ketchikan Harbor, Alaska, while moored, anchored, or remaining Large Passenger Vessel Anchorage. within the explosives anchorage. (a) The anchorage grounds. Ketchikan (5) A wooden vessel must: Harbor, Alaska, Large Passenger Vessel (i) Be fitted with a radar reflector Anchorage. The waters of Ketchikan screen of metal of sufficient size to per- Harbor, Ketchikan, Alaska, enclosed by mit target indication on the radar the following boundary lines: A line screen of commercial type radar; or from Thomas Basin Entrance Light ‘‘2’’ (ii) Have steel bulwarks; or to East Channel Lighted Buoy ‘‘4A’’, to (iii) Have metallic cases or cargo Pennock Island Reef Lighted Buoy aboard. ‘‘PR’’, to Wreck Buoy ‘‘WR6’’, then fol- (6) Each vessel moored, anchored, or lowing a line bearing 064 degrees true remaining within the explosives an- to shore. This anchorage is effective 24 chorage and carrying, loading, or dis- hours per day from 1 May through 30 charging explosives from sunrise to September, annually. sunset shall display: (b) The regulations. (1) When (i) A red flag from the mast; or transiting through the anchorage, all vessels using propulsion machinery (ii) A sign posted on each side of the shall proceed across the anchorage by vessel reading ‘‘Explosive—Keep the most direct route and without un- Clear—No Smoking or Open Flame’’ in necessary delay. Sudden course letters that are 3 inches or larger and changes within the anchorage are pro- have sufficient contrast with the back- hibited. ground to be seen from a distance of 200 (2) No vessels, other than a large pas- feet. senger vessel of over 1600 gross tons, (7) Each vessel moored, anchored, or (including ferries), may anchor within remaining within the anchorage during the anchorage without the express con- the night shall display: sent of the Captain of the Port, South- (i) Anchor lights; and east Alaska. (ii) A 32 point red light located from the mast or highest part of the vessel [CGD17–99–002, 64 FR 29558, June 2, 1999] to be visible all around the horizon for § 110.232 Southeast Alaska. a distance of 2 miles. (a) The anchorage grounds—(1) Hassler [CGFR 71–86A, 36 FR 20603, Oct. 27, 1971, as Harbor—explosives anchorage. The wa- amended by CGD 77–020, 42 FR 30618, June 16, ters of Hassler Harbor within a circular 1977] area with a radius of 1,500 yards, having its center at latitude 55°12′52″ N., § 110.233 Prince William Sound, Alas- ka. longitude 131°25′52″ W. (b) The regulations. (1) Except in an (a) The anchorage grounds. In Prince emergency, only a vessel that is trans- William Sound, Alaska, beginning at a porting, loading or discharging explo- point at latitude 60°40′00″ N., longitude sives may anchor, moor, or remain 146°40′00″ W.; thence south to latitude within the Hassler Harbor explosives 60°38′00″ N., longitude 146°40′00″ W.; anchorage. thence east to latitude 60°38′00″ N., lon- (2) A master or person in charge of a gitude 146°30′00″ W.; thence north to vessel shall obtain a written permit latitude 60°39′00″ N., longitude 146°30′00″ from the Captain of the Port, South- W.; thence northwesterly to the begin- east, Alaska, to anchor, moor, or re- ning point.

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(b) The regulations. (1) This anchorage first obtain permission from the Cap- area is for the temporary use of vessels tain of the Port Honolulu. during: (i) Adverse weather or tidal condi- [CGD14–93–003, 59 FR 40820, Aug. 10, 1994, as amended by CGD14–03–001, 68 FR 20346, Apr. tions; 25, 2003] (ii) Vessel equipment failure; or (iii) Delays at Port Valdez; § 110.236 Pacific Ocean off Barbers (2) No vessel may anchor in this an- Point, Island of Oahu, Hawaii: Off- chorage without notifying the vessel shore pipeline terminal anchorages. traffic center in Valdez; and (3) Each vessel anchored shall notify (a) The anchorage grounds—(1) An- the vessel traffic center in Valdez when chorage A. The waters within an area it weighs anchor. described as follows: A circle of 1,000 feet radius centered at latitude [CGD 77–144, 43 FR 21459, May 18, 1978] 21°17′43.6″ N., longitude 158°07′36.1″ W. (Datum NAD 83) § 110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: (2) Nonanchorage area A. The waters NAD 83). extending 300 feet on either side of a line bearing 059° from anchorage A to (a) The anchorage grounds—(1) An- ° ′ ″ chorage A. The waters bounded by the the shoreline at latitude 21 18 10.6 N., ° ′ ″ arc of a circle with a radius of 350 yards longitude 158 06 47.1 W. (Datum NAD with the center located at: 83) Latitude Longitude (3) Anchorage B. The waters enclosed by a line beginning at latitude 21°16′57″ N 157°53′12″ W 21°16′20.1″ N., longitude 158°04′59.1″ W.; (2) Anchorage B. The waters bounded thence to latitude 21°15′52.5″ N., lon- by a line connecting the following co- gitude 158°05′7″ W.; thence to latitude ordinates: 21°15′59.7″ N., longitude 158°05′35.9″ W.; 21°17′06″ N 157°54′40″ W; to thence to latitude 21°16′27.4″ N., lon- 21°17′22″ N 157°54′40″ W; to gitude 158°05′28″ W.; thence to the point ° ′ ″ ° ′ ″ 21 17 22 N 157 54 19 W; to of beginning. (Datum NAD 83) 21°17′06″ N 157°54′19″ W; and thence to (4) Nonanchorage area B. The waters 21°17′06″ N 157°54′40″ W extending 300 feet on either side of a line bearing 334.5° from anchorage B to (3) Anchorage C. The waters bounded the shoreline at latitude 21°17′39.1″ N., by the arc of a circle with a radius of longitude 158°06′03.2″ W. (Datum NAD 450 yards with the center located at: 83) ° ′ ″ ° ′ ″ 21 17 09 N 157 54 55 W (5) Anchorage C. The waters enclosed (4) Anchorage D. The waters bounded by a line beginning at latitude by the arc of a circle with a radius of 21°16′46.6″ N., longitude 158°04′29.1″ W.; 450 yards with the center located at: thence to latitude 21°16′46.6″ N., lon- 21°17′21″ N 157°55′20″ W gitude 158°04′02.1″ W.; thence to latitude 21°16′32.6″ N., longitude 158°04′02.1″ W.; (b) The regulations. (1) Anchors must thence to latitude 21°16′32.6″ N., lon- be placed inside the anchorage areas. ° ′ ″ (2) The anchorages are general an- gitude 158 04 29.1 W.; thence to the chorages for commercial vessels. An- point of beginning. (Datum NAD 83) chorage A should be used only if An- (6) Nonanchorage area C. The waters chorages B, C, and D are full. extending 300 feet on either side of a (3) No bunkering operations or vessel line bearing 306° from anchorage C to to vessel transfer of oil in bulk of any the shoreline at latitude 21°17′42.6″ N., kind is permitted within Anchorage A. longitude 158°05′57.9″ W. (Datum NAD (4) Nothing in this section shall be 83) construed as relieving the owner or (7) Anchorage D. The waters enclosed person in charge of any vessel from by a line beginning at latitude complying with the rules of navigation 21°17′48.6″ N., longitude 158°07′10.1″ W.; and with safe navigation practice. thence to latitude 21°17′44.6″ N., lon- (c) Before entering into the anchor- gitude 158°07′06.1″ W.; thence to latitude age grounds in this section you must 21°17′37.6″ N., longitude 158°07′14.1″ W.;

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thence to latitude 21°17′41.6″ N., lon- complying with the rules of the road gitude 158°07′18.1″ W.; thence to the and safe navigation practice. point of beginning. (Datum NAD 83) (7) The regulations of this section are (b) The regulations. (1) No vessels may enforced by the Captain of the Port or anchor, moor, or navigate in anchor- his duly authorized representative. ages A, B, C, or D except: [CGD 73–59R, 38 FR 16777, June 26, 1973, as (i) Vessels using the anchorages and amended by CGD 96–026, 61 FR 33663, June 28, their related pipelines for loading or 1996; USCG–2002–12471, 67 FR 41332, June 18, unloading; 2002] (ii) Commercial tugs, lighters, barges, launches, or other vessels en- § 110.237 Pacific Ocean at Waimea, Ha- gaged in servicing the anchorage facili- waii, Naval Anchorage. ties or vessels using them; (a) The Anchorage grounds. All the (iii) Public vessels of the United waters within a circle having a radius States. of 300 yards centered at latitude (2) When vessels are conducting load- 21°56′50.7″ N., longitude 159°41′22.9″ W. ing or unloading operations as indi- (Datum NAD 83) cated by the display of a red flag (b) The regulation. Except in an emer- (international code flag B) at the mast- gency, no vessel except a Naval vessel head, passing vessels of over 100 gross may anchor or moor in this anchorage tons shall not approach within 1,000 without permission of the Captain of yards at a speed in excess of 6 knots. the Port, Honolulu, Hawaii. (3) The owner of any vessel wanting [CGD 74–187, 41 FR 54176, Dec. 13, 1976, as to use an anchorage ground and use of amended by CGD 96–026, 61 FR 33663, June 28, the related pipeline facilities shall no- 1996; USCG–2002–12471, 67 FR 41332, June 18, tify the Captain of the Port, Honolulu, 2002] Hawaii, and the Commanding Officer, U.S. Naval Air Station, Barbers Point, § 110.238 Apra Harbor, Guam. Hawaii, at least 24 hours in advance of (a) The anchorage grounds (Datum: desired occupancy of the anchorage WGS 84). (1) General Anchorage. The ground by the vessel. Such notification waters bounded by a line connecting must include the maximum height the following points: above the waterline of the uppermost 13°27′32.0″ N 144°39′36.8″ E portion of the vessel’s mast and a de- 13°27′21.0″ N 144°39′22.8″ E scription of the masts’ lighting includ- 13°27′12.5″ N 144°37′25.4″ E ing height of the highest anchor light and thence along the shoreline to and any aircraft warning lights to be ° ′ ″ ° ′ ″ displayed by the vessel at night. 13 27 45.5 N 144 39 34.8 E (4) When, in the opinion of the Cap- and thence to the point of beginning. tain of the Port, or his authorized rep- (2) Explosives Anchorage 701. The resentative, oil transfer operations water in Naval Anchorage A bounded within these anchorages could jeop- by the arc of a circle with a radius of ardize the safety of vessels or facilities 350 yards and located at: in the area, or cause an undue risk of 13°26′54.0″ N 144°37′53.5″ E oil pollution, such oil transfer operations shall be immediately termi- (3) Naval Explosives Anchorage 702. nated until such time as the cognizant The waters in the General Anchorage Coast Guard officer determines that bounded by the arc of a circle with a the danger has subsided. radius of 350 yards and with the center (5) Nonanchorage areas A, B, and C located at: are established for the protection of 13°27′29.9″ N 144°38′13.0″ E submerged pipelines. Except for vessels (4) Naval Anchorage A. The waters servicing pipeline facilities, no anchor- bounded by a line connecting the fol- ing, dragging, seining or other poten- lowing points: tial pipeline fouling activities are per- 13°26′47.3″ N 144°37′42.6″ E mitted within these areas. 13°27′02.0″ N 144°37′42.6″ E (6) Nothing in this section shall be 13°27′10.6″ N 144°39′00.8″ E construed as relieving the owner or 13°26′59.6″ N 144°39′00.8″ E person in charge of any vessel from 13°26′59.6″ N 144°39′08.6″ E

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13°26′54.3″ N 144°39′08.6″ E within the anchorage ground so that no 13°26′54.3″ N 144°39′24.2″ E portion of the hull or rigging at any 13°26′42.2″ N 144°39′24.2″ E time extends outside the anchorage ° ′ ″ ° ′ ″ 13 26 40.4 N 144 38 01.8 E ground. and thence to the point of beginning. (iv) No vessel may anchor in the har- (5) Naval Anchorage B. The waters bor for more than 30 consecutive days bounded by a line connecting the fol- without permission of the Captain of lowing points: the Port. ° ′ ″ ° ′ ″ 13 26 43.7 N 144 39 53.3 E [CDG14–87–02, 52 FR 25864, July 9, 1987, as ° ′ ″ ° ′ ″ 13 26 53.6 N 144 40 03.8 E amended by CGD14–89–01, 55 FR 27465, July 3, ° ′ ″ ° ′ ″ 13 26 51.0 N 144 40 06.0 E 1990] 13°26′41.0″ N 144°39′56.0″ E and thence along the shoreline to the point § 110.239 Island of Tinian, CNMI. of beginning. (a) The anchorage grounds (based on (b) The regulations—(1) General An- 1944 Saipan Datum): chorage. Any vessel may anchor in the (1) Explosives Anchorage A. A circular General Anchorage except vessels car- area intersecting the shoreline having rying more than 25 tons of high explo- a radius of 1,900 yards centered at lati- sives. tude 14°58′57.0″ N, longitude 145°35′40.8″ (2) Explosives Anchorage 701. Vessels E. carrying more than 25 tons of high ex- (2) Explosives Anchorage B. A circular plosives must use Anchorage 701, un- area intersecting the shoreline having less otherwise directed by the Captain a radius of 1,900 yards centered at lati- of the Port. tude 14°58′15.9″ N, longitude 145°35′54.8″ (3) Naval Explosives Anchorage 702. Ex- E. cept Naval vessels using the anchorage as directed by local Naval authorities, (b) The regulations: Explosives An- no vessel may anchor so that any part chorages A and B; with the exception of the hull or rigging, or the anchor of explosives laden naval vessels at ex- tackle may extend into Anchorage 702 plosives anchorage A and B, no vessel at any time. may anchor within these areas without (4) Naval Anchorages A and B. (i) Ex- permission of the Captain of the Port. cept as provided in paragraph (b)(3)(ii) No vessel of more than 500 gross tons of this section, non-naval vessels may displacement may enter these areas ex- not anchor within these anchorages or cept for the purpose of anchoring in ac- use the mooring buoys therein without cordance with this section. permission of the local Naval authori- [CGD 14–87–01, 52 FR 26146, July 13, 1987] ties obtained through the Captain of the Port. (There is a user charge for § 110.240 San Juan Harbor, P.R. the use of these mooring buoys.) (ii) Small craft that are continuously (a) The anchorage grounds—(1) Tem- manned and capable of getting under- porary Anchorage E (general). Beginning ° way may anchor within these anchor- at a point which bears 262 T, 878 yards ages during daylight hours without from Isla Grande Aero Beacon; thence ° ′ prior approval of the Captain of the along a line 75 47 , 498 yards; thence Port. along a line 134°49′, 440 yards; thence (5) General regulations. (i) Vessels may along a line 224°49′ to the northerly use the Naval mooring buoys in the channel limit of Graving Dock Chan- General Anchorage without charge for nel, and thence to the point of begin- a period up to 72 hours if authorized by ning. the Captain of the Port. Vessels so (2) Restricted Anchorage F. Beginning moored shall promptly move at their at a point which bears 212°30′, 1,337.5 own expense upon notification from the yards from Isla Grande Light; thence Captain of the Port. along a line 269°00′, 550 yards; thence (ii) Except for vessels not more than along a line 330°00′ to the westerly 65 feet in length, all vessels shall an- channel limit of Anegado Channel; and chor in an anchorage ground. thence along the westerly channel (iii) Vessels anchored in an anchor- limit of Anegado Channel to the point age ground shall place their anchors of beginning. 522

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(b) The regulations. (1) Vessels await- Rico, and such agencies as he may des- ing customs or quarantine shall use ignate. Temporary Anchorage E. No vessel [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as shall remain in this anchorage more amended by CGD 77–067, 44 FR 50040, Aug. 27, than 24 hours without a permit from 1979; USCG–2008–0179, 73 FR 35012, June 19, the U.S. Coast Guard Captain of the 2008] Port. § 110.250 St. Thomas Harbor, Charlotte (2) Restricted Anchorage F shall Amalie, V.I. serve both as an additional general anchorage area in cases where the tem- (a) The anchorage grounds—(1) Inner porary anchorage is full, and as an ex- harbor anchorage. Beginning at a point bearing 85°, 525 yards from the outer plosives anchorage for vessels loading end of a pier at latitude 18°20′19″, lon- or unloading explosives in quantities gitude 64°56′26″ (approximate); thence no greater than forty (40) tons, Com- 146°, 800 yards; thence 70°, 860 yards; mercial Class ‘‘A’’ Explosives, when so thence 340°, 500 yards; and thence to authorized by the United States Coast the point of beginning. Guard Captain of the Port. No vessel (2) Outer harbor anchorage. Beginning shall enter or anchor therein without at Scorpion Rock lighted buoy No. 1 first obtaining a permit from the (latitude 18°19′25.6″, longitude United States Coast Guard Captain of 64°55′41.8″); thence 180°, 1,580 yards; the Port. thence 264°30′, 2,490 yards; thence due north 1,255 yards; thence due east to [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79–119, 45 FR 32673, May 19, the southerly tip of Sprat Point, Water 1980; CGD 7–83–29, 49 FR 48540, Dec. 13, 1984; 50 Island; thence to Cowell Point, Hassel FR 5580, Feb. 11, 1985] Island; and thence to the point of beginning. § 110.245 Vieques Passage and Vieques (3) East Gregerie Channel anchorage Sound, near Vieques Island, P.R. (general purpose). Bounded on the northeast by Hassel Island; on the (a) The anchorage grounds—(1) Vieques southeast by the northwest boundary Passage explosives anchorage and ammu- of the outer harbor anchorage; on the nition handling berth (Area 1). A circular southwest by Water Island; and on the area having a radius of 1,700 yards with northwest by a line running from Ba- ° ′ ″ its center at latitude 18 09 00 N., lon- nana Point, Water Island, 55° to Hassel ° ′ ″ gitude 65 32 40 W. Island. (2) Vieques Sound explosives anchorage (4) Small-craft anchorage. All the wa- and ammunition handling berth (Area 2). ters north of a line passing through the A circular area having a radius of 2,000 outer end of a pier at latitude 18°20′19″, yards with its center at latitude longitude 64°56′26″ (approximate) and 18°11′48″, longitude 65°26′06″. ranging 85°. (3) Southern Vieques Passage explosives (5) Deep-draft anchorage. A circular anchorage and ammunition handling area having a radius of 400 yards with berth (Area 3). A circular area having a its center at latitude 18°19′12.2″, lon- radius of 2,000 yards with its center at gitude 64°58′47.8″. latitude 18°05′51″, longitude 65°36′14″. (6) Long Bay anchorage. The waters of (b) The regulations. (1) No vessel or Long Bay bounded on the north by the craft shall enter or remain in these an- southerly limit line of Anchorage E, on chorages while occupied by vessels hav- the west by the easterly limit line of Anchorage A to a point at latitude ing on board explosives or other dan- 18°20′18″, thence to latitude 18°20′13″, gerous cargo. Explosives in quantities longitude 64°55′21″; and thence to the no greater than 1,625 short tons will be shoreline at latitude 18°20′15″, longitude handled in any area at one time. 64°55′13″. (2) The regulations of this section (b) The regulations. (1) The outer har- shall be enforced by the Commander, bor anchorage shall be used by vessels Coast Guard Sector, San Juan, Puerto undergoing examination by quarantine, customs, immigration, and Coast Guard officers. Upon completion of

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these examinations, vessels shall move (9) The Coast Guard Captain of the promptly to anchorage. This anchorage Port San Juan is hereby empowered, shall also be used by vessels having whenever the maritime or commercial drafts too great to permit them to use interests of the United States so re- the inner harbor anchorage. No vessel quire, to shift the position of any ves- shall remain more than 48 hours in this sel anchored within the Long Bay an- anchorage without a permit from the chorage, and of any vessel which is so Harbor Master. moored or anchored as to impede or ob- (2) The small-craft anchorage shall struct vessel movement in the harbor, be used by small vessels undergoing ex- and to enforce all regulations of this amination and also by small vessels an- section should the need arise. choring under permit from the Harbor [CGFR 67–46, 32 FR 17728, Dec. 12, 1967, as Master. amended by USCG–2008–0179, 73 FR 35012, (3) The requirements of the Navy June 19, 2008] shall predominate in the deep-draft anchorage. When occupied by naval ves- § 110.255 Ponce Harbor, P.R. sels all other vessels and craft shall re- (a) Small-craft anchorage. On the main clear of the area. When the area northwest of Ponce Municipal Pier and is not required for naval vessels, the northeast of Cayitos Reef, bounded as Harbor Master may upon application follows: Beginning at latitude 17°58′27″, made in advance assign other vessels to longitude 66°37′29.5″, bearing approxi- the area. Vessels so assigned and occu- mately 325° true, 2,200 feet from the pying the area shall move promptly most southwest corner of Ponce Munic- upon notification by the Harbor Mas- ipal Pier; thence 273°30′ true, 1,800 feet; ter. thence 15° true, 900 feet; thence 93°30′ (4) The harbor regulations for the true, 1,800 feet; thence 195° true, 900 Port of St. Thomas, V.I. of the United feet to the point of beginning. States and approaches thereto, includ- (b) The regulations. (1) The Common- ing all waters under its jurisdiction, as wealth Captain of the Port may au- adopted by the Government of the Vir- thorize use of this anchorage whenever gin Islands, will apply to the Long Bay he finds such use required in safe- Anchorage. guarding the maritime or commercial (5) In addition, the Long Bay Anchor- interests. age is reserved for all types of small (2) No vessel shall anchor within the vessels, including sailing and motor area until assigned a berth by the Com- pleasure craft, and such craft shall an- monwealth Captain of the Port. Appli- chor in no other area except Anchorage cation for permission to occupy the an- E, in the northern portion of the har- chorage must be submitted in advance bor of Charlotte Amalie. by the master or authorized represent- (6) Floats for marking anchors in ative of the vessel. place will be allowed in the Long Bay (3) Vessels occupying the anchorage anchorage; stakes or mooring piles are will at all times keep within the limits prohibited. of the area, and shall move or shift (7) Vessels not more than 65 feet in their position promptly upon notifica- length are not required to exhibit or tion by the Commonwealth Captain of carry anchor lights within the Long the Port. Bay anchorage, but must display them (4) The anchorage is reserved for all if emergency requires anchoring in any types of small craft, including schoo- other part of the harbor. ners, fishing vessels, yachts and pleas- (8) No vessel may anchor in any of ure craft. the St. Thomas Harbor Anchorages (5) Floats for marking anchors in without a permit from the Harbor Mas- place will be allowed; stakes or moor- ter. ing piles are prohibited.

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PART 114—GENERAL Coast Guard District Commander or District Commander means an officer of Sec. the Coast Guard designated as such by 114.01 Purpose. the Commandant to command all Coast 114.05 Definitions. Guard activities within his or her dis- 114.10 General policies on issuance of per- trict. (See part 3 of this chapter for de- mits and drawbridge operation regula- scriptions of Coast Guard Districts.) tions. 114.20 Departure from permit plans. Commandant means Commandant, 114.25 Work constructed without prior au- U.S. Coast Guard, Department of thority. Homeland Security, Washington, DC 114.30 Revocation. 20593. 114.40 Violations of law. Deputy Commandant for Operations 114.45 Applications, extensions of time. means the officer of the Coast Guard 114.50 Right of appeal. designated by the Commandant as the AUTHORITY: 33 U.S.C. 401, 406, 491, 494, 495, staff officer in charge of ‘‘Operations’’ 499, 502, 511, 513, 514, 516, 517, 519, 521, 522, 523, (DCO), U.S. Coast Guard Headquarters. 525, 528, 530, 533, and 535(c), (e), and (h); 14 District Office or Coast Guard District U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107–296, 116 Stat. 2135; 33 CFR 1.05–1 and 1.01–60, De- Office means the Office of the Com- partment of Homeland Security Delegation mander of a Coast Guard District. Number 0170.1. Headquarters or Coast Guard Head- quarters means the Office of the Com- SOURCE: CGFR 67–46, 32 FR 17769, Dec. 12, 1967, unless otherwise noted. mandant, U.S. Coast Guard, Depart- ment of Homeland Security, Wash- § 114.01 Purpose. ington, DC 20593–7000. (a) The purpose of the rules and regu- Permit means the license permitting lations in this subchapter is to imple- construction of bridges and approaches ment certain laws and set forth the re- thereto in or over navigable waters of quirements for: the United States, issued under the (1) Locations and clearances of rules and regulations in this sub- bridges and causeways over the navi- chapter. gable waters; Secretary means the Secretary of (2) Administration of the alteration Homeland Security or any person to of unreasonably obstructive bridges; whom he or she has delegated his or and her authority in the matter concerned. (3) Regulation of drawbridge oper- United States Coast Guard or Coast ation. Guard means the organization or agen- (b) The rules and regulations in this cy established by the Act of January subchapter also describe the procedures 28, 1915, as amended (14 U.S.C. 1). and practices, including forms and in- [USCG–2012–0306, 77 FR 37313, June 21, 2012] structions, which are applicable to the public subject to certain laws gov- § 114.10 General policies on issuance erning bridges and causeways over the of permits and drawbridge oper- navigable waters of the United States. ation regulations. [USCG–2008–0179, 73 FR 35012, June 19, 2008] The several bridge laws referenced in § 114.01 Purpose, are intended to pre- § 114.05 Definitions. vent any interference with navigable The following definitions apply to waters of the United States whether by this subchapter: bridges, dams, dikes or other obstruc- Approved means approved by the tions to navigation except by express Commandant unless otherwise stated. permission of the United States. The Bridge means a structure erected decision as to whether a bridge permit across navigable waters of the United or a drawbridge operation regulation States, and includes causeways, ap- will be issued or promulgated must rest proaches, fenders, and other appur- primarily upon the effect of the pro- tenances thereto. posed action on navigation to assure

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that the action provides for the reason- trict Commander before construction is able needs of navigation after full con- begun. sideration of the effect of the proposed (5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, action on the human environment. The 499, and 525; 49 U.S.C. 1655(g), and 49 CFR Coast Guard is not responsible for any 1.46(c) and (q)) other permits that the applicant may [CGD 80–099, 46 FR 38354, July 27, 1981] need from other federal, state, or local agencies and issuance of a bridge per- § 114.30 Revocation. mit does not affect flood control Permits may be revoked by the projects or other governmental pro- issuing official for failure on the part grams. of the permittee to comply with any of the conditions therein, or where the [CGD 82–006, 47 FR 36640, Aug. 23, 1982, as amended by USCG–2000–7223, 65 FR 40056, structures or other work constitute an June 29, 2000] unreasonable obstruction to navigation or to operations of the United States in § 114.20 Departure from permit plans. the interest of navigation or flood control. (a) If the final inspection shows a minor departure from the authorized [CGD 82–006, 47 FR 36640, Aug. 23, 1982] plans which does not materially affect § 114.40 Violations of law. navigation, the permittee will be required to furnish as-built plans show- The Coast Guard has the authority ing the work as actually constructed and responsibility for enforcement of but no further action will be taken by the applicable provisions of law for the the Coast Guard. protection and preservation of navigable waters. It is the policy of the (b) It is not the practice of the Coast Coast Guard to secure compliance with Guard to issue letters certifying that these provisions of law short of legal completed work conforms to that proceedings. As a general principle, no which was authorized. That question is action is taken when the violation is a matter of fact to be determined in minor, unintentional, or accidental and case of controversy by the usual rules the party responsible corrects the vio- of court procedure. lation. It is the policy of the Coast [CGFR 67–46, 32 FR 17769, Dec. 12, 1967, as Guard to implement civil or criminal amended by USCG–2012–0306, 77 FR 37314, proceedings in all other circumstances. June 21, 2012] These proceedings are in subpart 1.07 of Part 1 of this chapter. § 114.25 Work constructed without (Secs. 107, 108, Pub. L. 97–322, 96 Stat. 1582; (33 prior authority. U.S.C. 495, 499, 502, 525, 533); 49 CFR 1.46(c)) The Commandant or District Com- [CGD 82–102, 47 FR 54299, Dec. 2, 1982, as mander will approve plans and issue amended by USCG–2001–9286, 66 FR 33641, permits authorizing bridges across nav- June 25, 2001] igable waters, in cases where the application therefor is submitted after the § 114.45 Applications, extensions of time. commencement or completion of the bridges subject to the following rules: Extensions of time to commence or Approval will be limited to those cases complete construction of a bridge or where the necessary primary author- remove a bridge that has been replaced ity, State or Federal as the case may as an element of a permitted bridge be, validly existed, when the work was project must be submitted to, and re- innocently constructed, and where the ceived by the District Commander at work will not unreasonably interfere least 30 days before the existing permit expires to allow the permit to remain with navigation. Upon issuance of the in effect until the final agency action permit, applicant will be informed that is taken. the law contemplates prior approval and that in the future plans must be (33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), submitted in ample time for their con- (9), (10), (q)) sideration by the Commandant or Dis- [CGD 76–144, 42 FR 28882, June 6, 1977]

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§ 114.50 Right of appeal. application is processed by the Coast Guard. A District Commander’s decision to deny a bridge permit application or an [CGD 82–006, 47 FR 36641, Aug. 23, 1982, as application for drawbridge operation amended by USCG–2012–0306, 77 FR 37314, regulations may be appealed to the June 21, 2012] Commandant, U.S. Coast Guard. The appeal must be submitted in writing to § 115.05 Necessary primary authority. the Administrator, Office of Bridge For bridges constructed by State or Programs, (CG–BRG), 2100 2nd St., SW., municipal agencies, the primary au- Stop 7683, Washington, DC 20593–7683, thority will be presumed without proof. within 60 days of the District Com- If the law of the State requires a li- mander’s decision. The Commandant cense for or approval of the bridge from will take action on the appeal within 90 a constituted State agency, a copy of days of its receipt. such license or approval will be required and may be accepted as evidence (5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, of the primary authority. If there is no 499, and 525; 49 U.S.C. 1655(g), and 49 CFR 1.46(c) and (q)) State regulation of bridges in navigable waters, the necessary primary [CGD 80–099, 46 FR 38354, July 27, 1981, as authority may be that granted in the amended by CGD 88–052, 53 FR 25120, July 1, charter of a corporation, or the author- 1988; CGD 96–026, 61 FR 33663, June 28, 1996; ity inherent in the ownership of the CGD 97–023, 62 FR 33363, June 19, 1997; USCG– 2008–0179, 73 FR 35012, June 19, 2008; USCG– land on which the structure is placed. 2010–0351, 75 FR 36283, June 25, 2010; USCG– The applicant will in such cases be re- 2010–0351, 75 FR 49410, Aug. 13, 2010; USCG– quired to furnish an extract from the 2012–0306, 77 FR 37314, June 21, 2012] charter, or a statement of ownership. Special care will be taken that Federal PART 115—BRIDGE LOCATIONS approval is not granted when there is AND CLEARANCES; ADMINISTRA- doubt of the right of the applicant to TIVE PROCEDURES construct and utilize the bridge. [CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as Sec. amended by USCG–2011–0257, 76 FR 31836, 115.01 Purpose. June 2, 2011: USCG–2012–0306, 77 FR 37314, 115.05 Necessary primary authority. June 21, 2012] 115.10 Limiting date in permits. 115.15 Permit bonds. § 115.10 Limiting date in permits. 115.20 Transfer of permits. (a) Specific time limitations are in- 115.30 Sufficiency of State authority for serted in all permits for the commence- bridges. ment of construction and completion 115.40 Bridge repairs. thereof. Normally three years for start 115.50 Applications for bridge permits. of construction and two additional 115.60 Procedures for handling applications for bridge construction permits. years for completion may be allowed. 115.70 Advance approval of bridges. (b) Specific time limitations are in- serted in all permits for the removal of AUTHORITY: c. 425, sec. 9, 30 Stat. 1151 (33 bridges being replaced in whole or in U.S.C. 401); c. 1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as amended (33 part by the newly permitted bridges U.S.C. 499); sec. 11, 54 Stat. 501, as amended where removal thereof is required as a (33 U.S.C. 521); c. 753, Title V, sec. 502, 60 condition of the permit. Normally 90 Stat. 847, as amended (33 U.S.C. 525); 86 Stat. days for removal after completion of 732 (33 U.S.C. 535); 14 U.S.C. 633. the new bridge or opening to land SOURCE: CGFR 67–46, 32 FR 17771, Dec. 12, transportation, whichever occurs first, 1967, unless otherwise noted. may be allowed. [CGD 75–046, 40 FR 24898, June 11, 1975, as § 115.01 Purpose. amended by CGD 80–099, 46 FR 38354, July 27, This part states the requirements for 1981] applying for a permit to construct or modify bridges crossing the navigable § 115.15 Permit bonds. waters of the United States. It also When compensatory works or the re- sets forth the procedures by which the moval of temporary structures should

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be required of the permittee, or in papers to establish the identity of the other unusual cases when there is rea- applicant. son to anticipate that the permittee (b) Prior authority necessary. Except may fail to carry out parts of the work as provided under paragraph (c) of this that are against his interest, an addi- section, a bridge cannot lawfully be tional condition will be included in the constructed across any navigable wa- permit requiring the permittee to fur- terway of the United States until the nish a bond insuring compliance with location and plans have been approved the permit requirements. by the Coast Guard. (c) Prior authority not necessary. Coast § 115.20 Transfer of permits. Guard approval of the location and Permits express merely the assent of plans for construction or modification the Federal Government so far as con- of a bridge or causeway is not required cerns the public rights of navigation. for any bridge or causeway over waters Although issued to a specific party, the which are not subject to the ebb and assent is not limited to execution of flow of the tide and which are not used the work by that party and may be and are not susceptible to use in their availed of by the assignees or pur- natural condition or by reasonable im- chasers of the property affected, pro- provement as a means to transport vided the terms of the instrument are interstate or foreign commerce, wheth- strictly complied with. er or not such waters were used or were susceptible to use, at some previous § 115.30 Sufficiency of State authority time, to transport commerce (historic for bridges. use). This provision does not apply to An opinion of the attorney general of bridges which connect the United the State as to the sufficiency of State States with any foreign country. authority for the construction of a (d) Signature. In case of signature by bridge is acceptable to the Coast Guard an agent or by an official of a corpora- in doubtful cases. tion, a duly authenticated copy of the authority for the action must accom- § 115.40 Bridge repairs. pany the application. Repairs to a bridge which do not (e) Identification. If the applicant is a alter the clearances, type of structure, corporation, it must furnish certified or any integral part of the sub- copies of the following papers, all prop- structure or superstructure or naviga- erly authenticated: The charter or arti- tion conditions, but which consist only cles of incorporation; the minutes of in the replacement of worn or obsolete organization; extract from minutes parts, may, if the bridge is a legally ap- showing the names of the present offi- proved structure, be made as routine cers of the corporation. maintenance without a formal permit (1) Where State laws vest in State or action from the U.S. Coast Guard. county officers, such as boards of su- [CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as pervisors and county courts, the power amended by USCG–2012–0306, 77 FR 37314, to authorize the construction of June 21, 2012] bridges, they must furnish with their application certified extracts from § 115.50 Application for bridge per- their proceedings showing their action mits. authorizing the proposed structure. (a) Application. An application for au- (f) Plans. One reproducible set of thorization to construct a bridge plans must be submitted with the ap- across navigable waters of the United plication, on which the location of the States must include the name, address, work and the essential features covered and telephone number of the applicant; by the application will be identified. the waterway and location of the Each drawing must have a title block bridge; a citation to the applicable act located in the lower right-hand corner of Congress; when appropriate, a cita- identifying the applicant/agent and tion to the State legislation author- bridge owner; the waterway; the izing the bridge; a map of the location milepoint on the waterway of the and plans of the bridge showing the bridge location; the city, county, and features which affect navigation; and state of the bridge location; the name

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of the bridge; the date of the plans; the having jurisdiction over the area in sheet number; and the total number of which the bridge site is located. sheets in the set. [CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as (g) Size of sheets. The drawings will be amended by CGD 75–046, 40 FR 24898, June 11, on letter size sheets. As few sheets will 1975; CGD 80–099, 46 FR 38354, July 27, 1981; be used as necessary to show clearly CGD 82–102, 48 FR 54299, Dec. 2, 1982; USCG– what is proposed. 2011–0257, 76 FR 31836, June 2, 2011: USCG– (h) Special instructions. (1) Vertical 2012–0306, 77 FR 37314, June 21, 2012] and horizontal distances will be shown § 115.60 Procedures for handling appli- using bar scales. The north and south cations for bridge construction per- line will be indicated by a meridian mits. arrow. Soundings and elevations will be shown in feet and refer to the estab- The following procedures will be ob- lished Government datum plane at the served in the handling of applications locality. for permits to construct, modify, or replace bridges over navigable waters. (2) The direction of currents will be (a) District Commander’s review of ap- indicated by an arrow, and the strength plication and plans. When an applica- of currents, both ebb and flow, or low tion is received, the District Com- water and high water, will be shown mander verifies the authority for con- close to the proposed location of the struction of the bridge, reviews the ap- bridge, and at both ends of the water- plication and plans for sufficiency, as- way shown on the map of location. certains the views of local authorities (3) The plans will show in figures the and other interested parties, and en- least clear height of the lowest part of sures that the application complies the superstructure over navigation with relevant environmental laws, reg- openings, with reference to the planes ulations, and orders. If the application of mean high water and mean low contains any defects that would pre- water if the bridge is to cross tidal vent issuance of a permit (as for exam- water. If the waters are nontidal, the ple, if the proposed bridge provided in- least clear height will be shown with sufficient clearance), the applicant is reference to the planes of extreme high notified that the permit cannot be water and mean low water. If records of granted and given reasons for this de- river heights are available, the plane termination. The applicant may then above which flood waters have not re- request that the application be consid- mained more than 2 percent of the time ered by the Commandant. If the appli- will be indicated. Reference will also be cant makes such a request, or if the ap- made to other datum planes if appro- plication is not found defective, the priate for the waterway in question. District Commander notifies the public (4) If harbor lines have been estab- that it has been received and continues lished at the site of the bridge, their its processing. A copy of this notifica- position will be shown on the plans. tion will be sent to the state, inter- (i) Structural details. Only those state agency or the Environmental should be shown which are needed to il- Protection Agency (EPA) responsible lustrate the effect of the proposed for acting on requests for water quality structure on navigation. If the bridge certification for the project. If the is to be equipped with a draw, the lat- state, interstate agency, or the EPA ter will be shown in two positions: fails to issue or deny the water quality certification within 30 days after re- Closed and open. In those cases, the ceiving the copy of this notification, vertical and horizontal clearances shall the requirements for a water quality be indicated in both the closed and certification are waived. If the appro- open positions. priate agency notifies the District (j) To whom application should be pre- Commander that the applicant has not sented. The application and the papers filed a request for water quality certifi- and plans accompanying it should be cation, or requests additional time to submitted to the District Commander review an application, additional time will be granted.

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(b) Public meeting. (1) Public meetings to which the permit should be subject will be held when there are substantial will be stated. issues concerning the effect that the (d) Action on permit application. (1) proposed bridge will have on the rea- The District Commander may issue the sonable needs of navigation. permit if authorized under § 1.01–60(b) (2) Notice of the public meeting will of this chapter; otherwise, a report be published in the FEDERAL REGISTER. with the application shall be submitted Notice of the meeting is also mailed to to the Commandant for final action. State, county, and municipal authori- (2) When an application is approved, ties and all other known interested the issuing official signs the permit parties. It is also posted at the post of- and transmits it to the applicant. fice nearest the site and public places (3) When an application is not ap- in the vicinity. proved, the applicant is notified and (3) Meetings are public and conducted provided with reasons for the dis- in an informal manner. A designated approval and suggestions for modifica- Coast Guard official presides. The sub- tions that would justify reconsider- mission of written statements is ination, if appropriate. vited and encouraged. Anyone desiring (4) If an application is disapproved by to do so may speak. Statements, writ- the District Commander, the applicant ten or oral, are not under oath, and may appeal this decision to the Com- cross-examination is not permitted. No mandant under § 114.50 of this chapter. fixed order has been established for the The Commandant’s determination presentation of evidence or argument shall constitute final agency action. although proponents are generally (e) Permit amendments. Applications heard first, followed by opponents with for amendments to permits will be full opportunity afforded for rebuttals. processed in the same manner as permit applications. The District Com- (c) Report and recommendations. After mander may approve amendments to the close of the comment period and any permits which that official is au- any public meeting, a detailed state- thorized to issue under § 1.01–60(b) of ment of findings, conclusions, and rec- this chapter. All other amendments ommendations based on all available must be approved by the Commandant. information (including Coast Guard records and experience) is prepared. (5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, The following factors may be discussed 499, and 525; 49 U.S.C. 1655(g), and 49 CFR in this report: 1.46(c) and (q)) (1) Comparison of proposed bridge [CGD 80–099, 46 FR 38354, July 27, 1981; 46 FR with existing bridges over the water- 42268, Aug. 20, 1981, as amended by CGD 82– way; attitude of local authorities; sum- 006, 47 FR 36641, Aug. 23, 1982; CGD 82–074, 47 FR 51865, Nov. 18, 1982; USCG–2008–0179, 73 FR mary of objections raised by the public, 35012, June 19, 2008; USCG–2010–0351, 75 FR and District Commander’s comments 49410, Aug. 13, 2010: USCG–2012–0306, 77 FR or responses; probable effect on naviga- 37314, June 21, 2012] tion, present and prospective. (2) Description of the navigation on § 115.70 Advance approval of bridges. the waterway past the site of the pro- (a) The General Bridge Act of 1946 re- posed bridge, the number and type of quires the approval of the location and vessels, the number of vessel trips, and plans of bridges prior to start of con- the principal method of handling traf- struction (33 U.S.C. 525). The Com- fic, whether in single vessels or in mandant has given his advance ap- tows. proval to the location and plans of (3) Whether the District Commander bridges to be constructed across approves, or recommends approval of reaches of waterways navigable in law, the plans. If they are found objection- but not actually navigated other than able, the reasons for this finding will by logs, log rafts, rowboats, canoes and be stated. If there are objectionable small motorboats. In such cases the features in the plans which may be cor- clearances provided for high water rected, the applicant is given an oppor- stages will be considered adequate to tunity to revise them. If approval is meet the reasonable needs of naviga- given or recommended, all conditions tion.

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(b) The term ‘‘small motorboats’’ man-Hobbs Act of 1940, as amended, 33 shall be interpreted in the light of the U.S.C. 511–524. things and conditions with which it is (c) A bridge constructed across a nav- associated. The term means rowboats, igable water of the United States shall canoes and other similar craft with not unreasonably obstruct the free outboard motors. It does not include navigation of the water over which it sailing or cabin cruiser craft. was constructed, either due to insufficient height or width of the navigation (14 U.S.C. 633; 33 U.S.C. 401, 491, and 525; 49 U.S.C. 1655(g); and 49 CFR 1.46(c)) span, or because of difficulty in passing through the draw opening. If any [CGFR 67–46, 32 FR 17771, Dec. 12, 1967, as bridge unreasonably obstructs naviga- amended by CGD 81–076, 46 FR 54936, Nov. 5, tion, the Commandant, U.S. Coast 1981; USCG–1998–3799, 63 FR 35527, June 30, 1998] Guard, will order the alteration of that bridge. Alterations may include structural changes, replacement, or removal PART 116—ALTERATION OF UNREA- of the bridge. SONABLY OBSTRUCTIVE BRIDGES (d) Whenever the Coast Guard has good reason to believe that a bridge Sec. across any of the navigable waters of 116.01 General. the United States is an unreasonable 116.05 Complaints. obstruction to navigation, the Coast 116.10 Preliminary review. Guard will give notice to the owner of 116.15 Preliminary investigation. 116.20 Detailed investigation. the bridge and other interested parties, 116.25 Public meetings. and hold a public meeting at which the 116.30 Administrator, Office of Bridge Pro- interested parties will have a full op- grams Review and Evaluation. portunity to be heard and to provide 116.35 Order to Alter. information on the question of whether 116.40 Plans and specifications under the alterations to the bridge are necessary Truman-Hobbs Act. and, if so, the extent of alterations 116.45 Submission of bids, approval of needed. award, guaranty of cost, and partial pay- (e) If the Coast Guard determines ments for bridges eligible for funding under the Truman-Hobbs Act. that alterations to a bridge are nec- 116.50 Apportionment of costs under the essary, the Commandant, U.S. Coast Truman-Hobbs Act. Guard, will issue to the bridge owner 116.55 Appeals. an Order to Alter containing details of the alterations necessary to render AUTHORITY: 33 U.S.C. 401, 521. navigation through or under the bridge EDITORIAL NOTE: Nomenclature changes to reasonably free, easy, and unob- part 116 appear at 73 FR 35012, June 19, 2008 structed. and 75 FR 49410, Aug. 13, 2010. (1) In the case of a railroad or pub- SOURCE: CGD 91–063, 60 FR 20902, Apr. 28, licly owned highway bridge, an Order 1995, unless otherwise noted. to Alter is issued to the bridge owner under the provisions of the Truman- § 116.01 General. Hobbs Act (33 U.S.C. 511 et seq.). In or- (a) All bridges are obstructions to dering these alterations, the Coast navigation and are tolerated only as Guard will give due regard to the ne- long as they serve the needs of land cessities of free and unobstructed navi- transportation while allowing for the gation and of rail and highway traffic. reasonable needs of navigation. For alterations to bridges governed by (b) This part describes the general the Truman-Hobbs Act, the Coast procedures by which the U.S. Coast Guard must approve general plans, Guard determines a bridge to be an un- specifications, and contracts for the al- reasonable obstruction to navigation teration project, as well as approving and issues an Order to Alter under the the apportionment of the total cost of authority of the following statutes, as the alterations between the United appropriate: Section 18 of the Rivers States and the bridge owner. and Harbors Appropriations Act of 1899, (2) For all other bridges, the Order to 33 U.S.C. 502; Section 4 of the Bridge Alter will contain the required alter- Act of 1906, 33 U.S.C. 494; or the Tru- ations for the bridge and will prescribe

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a reasonable time in which to accom- tigation, unless additional information plish the required alterations. The warrants a continuance or reopening of bridge owner is responsible for the en- the case. tire cost of the required alterations. [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96–026, 61 FR 33663, June 28, amended by USCG–2010–0351, 75 FR 49410, 1996] Aug. 13, 2010] § 116.15 Preliminary investigation. § 116.05 Complaints. Any person, company, or other entity (a) During the Preliminary Investiga- may submit to the District Commander tion, the District Commander will pre- of the Coast Guard district in which a pare a written report containing all bridge over a navigable water of the pertinent information and submit the United States is located, a complaint report, together with a recommenda- that a bridge unreasonably obstructs tion for or against the necessity of a navigation. The complaint must be in Detailed Investigation, to the Adminis- writing and include specific details to trator, Office of Bridge Programs. support the allegation. (b) The Preliminary Investigation Report will include a description of the § 116.10 Preliminary review. nature and extent of the obstruction, (a) Upon receipt of a written com- the alterations to the bridge believed plaint, the District Commander will re- necessary to meet the reasonable needs view the complaint to determine if, in of existing and future navigation, the the District Commander’s opinion, the type and volume of waterway traffic, complaint is justified and whether a and a calculation of the benefits to Preliminary Investigation is war- navigation which would result from the ranted. proposed bridge alterations. (1) The District Commander’s opinion (c) The Administrator, Office of as to whether or not the complaint warrants a Preliminary Investigation Bridge Programs will review the Pre- will be formed through informal dis- liminary Investigation Report and cussions with the complainant, users of make a Preliminary Decision whether the affected waterway, the owner of or not to undertake a Detailed Inves- the bridge, and other interested par- tigation and a Public Meeting. ties. (d) If after reviewing the Preliminary (2) In forming an opinion, the Dis- Investigation Report, the Adminis- trict Commander may also review the trator, Office of Bridge Programs de- district files, records of accidents, and cides that further investigation is not details of any additional written com- warranted, the complainant will be no- plaints associated with the bridge in tified of the decision. This notification question. will include a brief summary of infor- (b) In the absence of any written mation on which the decision was complaint, the District Commander based and details of the appeal process may decide, based on a bridge’s acci- described in § 116.55. dent history or other criteria, to conduct a Preliminary Investigation. [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as (c) The District Commander will in- amended by CGD 96–026, 61 FR 33663, June 28, form the complainant and the Adminis- 1996; USCG–2012–0306, 77 FR 37314, June 21, 2012] trator, Office of Bridge Programs of the determination of any Preliminary Re- § 116.20 Detailed investigation. view. If the District Commander decides that the bridge in question is not (a) When the Administrator, Office of an unreasonable obstruction to naviga- Bridge Programs determines that a De- tion, the complainant will be provided tailed Investigation should be con- with a brief summary of the informa- ducted, the District Commander will tion on which the District Commander initiate an investigation that addresses based the decision and will be informed all of the pertinent data regarding the of the appeal process described in bridge, including information obtained § 116.55. There will be no further inves- at a public meeting held under § 116.25.

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As part of the investigation, the Dis- will be available for purchase from the trict Commander will develop a com- recording service. prehensive report, termed the ‘‘De- [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as tailed Investigation Report’’, which amended by CGD 96–026, 61 FR 33664, June 28, will discuss: the obstructive character 1996] of the bridge in question; the impact of that bridge upon navigation; naviga- § 116.30 Administrator, Office of tional benefits derived; whether an al- Bridge Programs Review and Eval- uation. teration is needed to meet the needs of navigation; and, if alteration is rec- (a) Upon receiving a Detailed Inves- ommended, what type. tigation Report from a District Com- mander, the Administrator, Office of (b) The District Commander will for- Bridge Programs will review all the in- ward the completed Detailed Investiga- formation and make a final determination Report to the Administrator, Of- tion of whether or not the bridge is an fice of Bridge Programs for review to- unreasonable obstruction to navigation gether with a recommendation of and, if so, whether to issue an Order to whether the bridge should be declared Alter. This determination will be ac- an unreasonable obstruction to naviga- companied by a supporting written De- tion and, if so, whether an Order to cision Analysis which will include a Alter should be issued. Benefit/Cost Analysis, including cal- [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as culation of a Benefit/Cost Ratio. amended by CGD 96–026, 61 FR 33663, June 28, (b) The Benefit/Cost ratio is cal- 1996] culated by dividing the annualized navigation benefit of the proposed § 116.25 Public meetings. bridge alteration by the annualized government share of the cost of the al- (a) Any time the Administrator, Of- teration. fice of Bridge Programs determines (c) Except for a bridge which is statu- that a Detailed Investigation is war- torily determined to be an unreason- ranted, or when Congress declares a able obstruction, an Order to Alter will bridge unreasonably obstructive, the not be issued under the Truman-Hobbs District Commander will hold a public Act unless the ratio is at least 1:1. meeting near the location of the bridge (d) If a bridge is statutorily deter- to provide the bridge owner, waterway mined to unreasonably obstruct navi- users, and other interested parties the gation, the Administrator, Office of opportunity to offer evidence and be Bridge Programs will prepare a Deci- heard, orally or in writing, as to sion Analysis to document and provide whether any alterations are necessary details of the required vertical and hor- to provide reasonably free, safe, and izontal clearances and the reasons al- unobstructed passage for waterborne terations are necessary. traffic. The District Commander will (e) If the Administrator, Office of issue a public notice announcing the Bridge Programs decides to recommend public meeting stating the time, date, that the Commandant issue an Order and place of the meeting. to Alter, or a bridge is statutorily de- (b) When a bridge is statutorily determined to unreasonably obstruct navigation, the Administrator, Office termined to be an unreasonable ob- of Bridge Programs will issue a letter struction, the scope of the meeting will to the bridge owner (‘‘The 60-Day Let- be to determine what navigation clear- ter’’) at least 60 days before the Com- ances are needed. mandant issues an Order to Alter. This (c) In all other cases, the scope of the letter will contain the reasons an alter- meeting will be to address issues bear- ation is necessary, the proposed altering on the question of whether the ation, and, in the case of a Truman- bridge is an unreasonable obstruction Hobbs bridge, an estimate of the total to navigation and, if so, what alter- project cost and the bridge owner’s ations are needed. share. (d) The meeting will be recorded. (f) If the bridge owner does not agree Copies of the public meeting transcript with the terms proposed in the 60-Day

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Letter, the owner may request a re- fiting from the alteration as a pre- evaluation of the terms. The request requisite to the making of an Order to for a reevaluation must be in writing, Alter for that alteration. and identify the terms for which re- (d) Failure to comply with any Order evaluation is requested. The request to Alter issued under the provisions of may provide additional information this part will subject the owner or con- not previously presented. troller of the bridge to the penalties (g) Upon receipt of the bridge owner’s prescribed in 33 U.S.C. 495, 502, 519, or response, the Administrator, Office of any other applicable provision. Bridge Programs will reevaluate the situation based on the additional infor- [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as mation submitted by the bridge owner. amended by CGD 96–026, 61 FR 33664, June 28, If after the Administrator, Office of 1996] Bridge Programs reviews the determination, there is no change, the Com- § 116.40 Plans and specifications under mandant may issue an Order to Alter the Truman-Hobbs Act. as set out in § 116.35. The Adminis- (a) After an Order to Alter has been trator, Office of Bridge Programs de- issued to a bridge owner under the Tru- termination based on the reevaluation man-Hobbs Act, the Administrator, Of- will constitute final agency action. fice of Bridge Programs will issue a let- [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as ter to the bridge owner outlining the amended by CGD 96–026, 61 FR 33664, June 28, owner’s responsibilities to submit 1996] plans and specifications to the Admin- istrator, Office of Bridge Programs for § 116.35 Order to Alter. the alteration of the bridge. The plans (a) If the bridge owner agrees with and specifications, at a minimum, the contents of the 60-Day Letter, if no must provide for the clearances identi- reply is received by 60 days after the fied in the Order to Alter. The plans issuance of the letter, or if after re- and specifications may also include evaluation a bridge is determined to be any other additional alteration to the an unreasonable obstruction to navigation, the Commandant will issue an bridge that the owner considers desir- Order to Alter. able to meet the requirements of rail- (1) If a bridge is eligible for funding road or highway traffic. During the al- under the Truman-Hobbs Act, the teration process, balanced consider- Order to Alter will specify the naviga- ation shall be given to the needs of tional clearances to be accomplished in rail, highway, and marine traffic. order to meet the reasonable needs of (b) The Administrator, Office of navigation. Bridge Programs will approve or reject (2) An Order to Alter for a bridge that the plans and specifications submitted is not eligible for Truman-Hobbs fund- by the bridge owner, in whole or in ing will specify the navigational clear- part, and may require the submission ances that are required to meet the of new or additional plans and speci- reasonable needs of navigation and will fications. prescribe a reasonable time in which to (c) When Administrator, Office of accomplish them. Bridge Programs has approved the sub- (b) If appropriate, the Order to Alter mitted plans and specifications, they will be accompanied by a letter of spe- are final and binding upon all parties, cial conditions setting forth safeguards unless later changes are approved by needed to protect the environment or the Administrator, Office of Bridge to provide for any special needs of navigation. Programs. Any changes to the ap- (c) If a proposed alteration to a proved plans will be coordinated with bridge has desirable, non-navigational the District Commander. benefits, the Administrator, Office of [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as Bridge Programs may require an equi- amended by CGD 96–026, 61 FR 33664, June 28, table contribution from any interested 1996] person, firm, association, corporation, municipality, county, or state bene-

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§ 116.45 Submission of bids, approval United States and the bridge owner are of award, guaranty of cost, and par- developed in substantially the fol- tial payments for bridges eligible lowing form: for funding under the Truman- Hobbs Act. Total cost of project llll $llll Less salvage llll $llll (a) Once the plans and specifications Less contribution by third party llll for a bridge eligible for funding under $llll the Truman-Hobbs Act have been ap- Cost of alteration to be apportioned llll proved, the bridge owner must take $llll bids for the alteration of the bridge Share to be borne by the bridge owner: consistent with the approved plans and Direct and Special Benefits: a. Removing old bridge llll $llll specifications. Those bids must then be b. Fixed charges llll $llll submitted to the Administrator, Office c. Betterments llll $llll of Bridge Programs for approval. Expected savings in repair or maintenance (b) After the bridge owner submits costs: the guaranty of cost required by 33 a. Repair llll $llll U.S.C. 515, the Administrator, Bridge b. Maintenance llll $llll Administration Program authorizes Costs attributable to requirements of railroad and/or highway traffic llll the owner to award the contract. $llll (c) Partial payments of the govern- Expenditure for increased carrying capacity ment’s costs are authorized as the llll $llll work progresses to the extent that Expired service life of old bridge llll funds have been appropriated. $llll Subtotal llll $llll [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as Share to be borne by the bridge owner amended by CGD 96–026, 61 FR 33664, June 28, llll $llll 1996] Contingencies llll $llll Total llll $llll § 116.50 Apportionment of costs under Share to be borne by the United States the Truman-Hobbs Act. llll $llll (a) In determining the apportionment Contingencies llll $llll Total llll $llll of costs, the bridge owner must bear such part of the cost attributable to (d) The Order of Apportionment of the direct and special benefits which Costs will include the guaranty of will accrue to the bridge owner as a re- costs. sult of alteration to the bridge, including expected savings in repairs and § 116.55 Appeals. maintenance, expected increased car- (a) Except for the decision to issue an rying capacity, costs attributable to Order to Alter, if a complainant dis- the requirements of highway and rail- agrees with a recommendation regard- road traffic, and actual capital costs of ing obstruction or eligibility made by a the used service life. The United States District Commander, or the Adminis- will bear the balance of the costs, in- trator, Office of Bridge Programs, the cluding that part attributable to the complainant may appeal that decision necessities of navigation. to the Deputy Commandant for Oper- (b) ‘‘Direct and special benefits’’ or- ations. dinarily will include items desired by (b) The appeal must be submitted in the owner but which have no counter- writing to the Deputy Commandant of part or are of higher quality than simi- Operations, U.S. Coast Guard,(CG– lar items in the bridge prior to alter- DCO), 2100 2nd St., SW., Stop 7355, ation. Examples include improved sig- Washington, DC 20593–7355, within 60 nal and fender systems, pro rata share days after the District Commander’s or of dismantling costs, and improve- the Administrator, Office of Bridge ments included, but not required, in Programs decision. The Deputy Com- the interests of navigation. mandant for Operations will make a (c) During the development of the decision on the appeal within 90 days Apportionment of Costs, the bridge after receipt of the appeal. The Deputy owner will be provided with an oppor- Commandant of Operations’ decision of tunity to be heard. Proportionate this appeal shall constitute final agen- shares of cost to be borne by the cy action.

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(c) Any Order of Apportionment 117.47 Clearance gages. made or issued under section 6 of the 117.49 Process of violations. Truman-Hobbs Act, 33 U.S.C. 516, may be reviewed by the Court of Appeals for Subpart B—Specific Requirements any judicial circuit in which the bridge 117.51 General in question is wholly or partly located, 117.55 Posting of requirements. if a petition for review is filed within 90 117.59 Special requirements due to hazards. days after the date of issuance of the ALABAMA order. The review is described in section 10 of the Truman-Hobbs Act, 33 117.101 Alabama River. U.S.C. 520. The review proceedings do 117.103 Bayou La Batre. 117.105 Bayou Sara. not operate as a stay of any order 117.107 Chattahoochee River. issued under the Truman-Hobbs Act, 117.109 Coosa River. other than an order of apportionment, 117.113 Tensaw River. nor relieve any bridge owner of any li- 117.115 Three Mile Creek. ability or penalty under other provisions of that act. ARKANSAS 117.121 Arkansas River. [CGD 91–063, 60 FR 20902, Apr. 28, 1995, as 117.123 Arkansas Waterway-Automated amended by CGD 96–026, 61 FR 33663, June 28, Railroad Bridges. 1996; CGD 97–023, 62 FR 33363, June 19, 1997; 117.125 Black River. USCG–2008–0179, 73 FR 35013, June 19, 2008; 117.127 Current River. USCG–2010–0351, 75 FR 36283, June 25, 2010] 117.129 Little Red River. 117.131 Little River. PART 117—DRAWBRIDGE 117.133 Ouachita River. OPERATION REGULATIONS 117.135 Red River. 117.137 St. Francis River. 117.139 White River. Subpart A—General Requirements CALIFORNIA Sec. 117.1 Purpose. 117.140 General. 117.4 Definitions. 117.141 American River. 117.5 When the drawbridge must open. 117.143 Bishop Cut. 117.7 General requirements of drawbridge 117.147 Cerritos Channel. owners. 117.149 China Basin, Mission Creek. 117.8 Permanent changes to drawbridge op- 117.150 Connection Slough. eration. 117.151 Cordelia Slough (A tributary of 117.9 Delaying opening of a draw. Suisun Bay). 117.11 Unnecessary opening of the draw. 117.153 Corte Madera Creek. 117.15 Signals. 117.155 Eureka Slough. 117.17 Signalling for contiguous draw- 117.157 Georgiana Slough. bridges. 117.159 Grant Line Canal. 117.19 Signalling when two or more vessels 117.161 Honker Cut. are approaching a drawbridge. 117.163 Islais Creek (Channel). 117.21 Signalling for an opened drawbridge. 117.165 Lindsey Slough. 117.23 Installation of radiotelephones. 117.167 Little Potato Slough. 117.24 Radiotelephone installation identi- 117.169 Mare Island Strait and the Napa fication. River. 117.31 Drawbridge operations for emergency 117.171 Middle River. vehicles and emergency vessels. 117.173 Miner Slough. 117.33 Closure of draw for natural disasters 117.175 Mokelumne River. or civil disorders. 117.177 Mud Slough. 117.35 Temporary change to a drawbridge 117.179 Newark Slough. operating schedule. 117.181 Oakland Inner Harbor Tidal Canal. 117.36 Closure of drawbridge for emergency 117.183 Old River. repair. 117.185 Pacheco Creek. 117.39 Authorized closure of drawbridge due 117.187 Petaluma River. to infrequent requests for openings. 117.189 Sacramento River. 117.40 Advance notice for drawbridge open- 117.191 San Joaquin River. ing. 117.193 San Leandro Bay. 117.41 Maintaining drawbridges in the fully 117.195 Snodgrass Slough. open position. 117.197 Sonoma Creek. 117.42 Remotely operated and automated 117.199 Steamboat Slough. drawbridges. 117.201 Sutter Slough.

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CONNECTICUT 117.329 St. Marys River. 117.331 Snake Creek. 117.202 Cold Spring Brook. 117.333 Suwannee River. 117.205 Connecticut River. 117.335 Taylor Creek. 117.207 Housatonic River. 117.337 Trout River. 117.209 Mianus River. 117.211 Mystic River. 117.341 Whitcomb Bayou. 117.213 New Haven Harbor, Quinnipiac and GEORGIA Mill Rivers. 117.215 Niantic River. 117.351 Altamaha River. 117.217 Norwalk River. 117.353 Atlantic Intracoastal Waterway, Sa- 117.219 Pequonnock River. vannah River to St. Marys River. 117.221 Saugatuck River. 117.359 Chattahoochee River. 117.223 Shaw Cove. 117.361 Flint River. 117.224 Thames River. 117.363 Ocmulgee River. 117.225 Yellow Mill Channel. 117.365 Oconee River. 117.367 Ogeechee River. DELAWARE 117.369 Satilla River. 117.231 Brandywine Creek. 117.371 Savannah River. 117.233 Broad Creek. 117.373 St. Marys River. 117.234 Cedar Creek. IDAHO 117.235 Chesapeake and Delaware Canal. 117.237 Christina River. 117.381 Clearwater River. 117.239 Lewes and Rehoboth Canal. 117.383 Pend Oreille River. 117.241 Mispillion River. 117.385 Snake River. 117.243 Nanticoke River. 117.245 Smyrna River. ILLINOIS 117.389 Calumet River. DISTRICT OF COLUMBIA 117.391 Chicago River. 117.253 Anacostia River. 117.393 Illinois Waterway. 117.255 Potomac River. 117.397 Wabash River.

FLORIDA INDIANA 117.258 Apalachicola River. 117.401 Trail Creek. 117.261 Atlantic Intracoastal Waterway 117.403 Wabash River. from St. Marys River to Key Largo. 117.263 Banana River. IOWA 117.267 Big Carlos Pass. 117.407 Missouri River. 117.268 Billy’s Creek. 117.269 Biscayne Bay. KANSAS 117.271 Blackwater River. 117.411 Missouri River. 117.272 Boot Key Harbor. 117.273 Canaveral Barge Canal. KENTUCKY 117.279 Coffeepot Bayou. 117.283 Dunns Creek. 117.415 Green River. 117.285 Grand Canal. 117.417 Ohio River. 117.287 Gulf Intracoastal Waterway. LOUISIANA 117.289 Hillsboro Inlet. 117.291 Hillsborough River. 117.422 Amite River. 117.295 Kissimmee River. 117.423 Atchafalaya River. 117.297 Little Manatee River. 117.424 Belle River. 117.299 Loxahatchee River. 117.425 Black Bayou. 117.300 Manatee River. 117.427 Black River. 117.301 Massalina Bayou. 117.429 Boeuf Bayou. 117.303 Matlacha Pass. 117.433 Bonfouca Bayou. 117.305 Miami River. 117.434 Caddo Lake. 117.307 Miami River, North Fork. 117.435 Carlin Bayou. 117.309 Nassau Sound. 117.436 Chef Menteur Pass. 117.311 New Pass. 117.437 Colyell Bayou. 117.313 New River. 117.438 Company Canal. 117.315 New River, South Fork. 117.439 Des Allemands Bayou. 117.317 Okeechobee Waterway. 117.441 D’Inde Bayou. 117.319 Oklawaha River. 117.443 Du Large Bayou. 117.323 Outer Clam Bay. 117.444 Falgout Canal. 117.324 Rice Creek. 117.445 Franklin Canal. 117.325 St. Johns River. 117.447 Grand Cabahanosse Bayou. 117.327 St. Marks River. 117.449 Grosse Tete Bayou.

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117.451 Gulf Intracoastal Waterway. 117.566 Patapsco River—Middle Branch. 117.453 Houma Canal. 117.567 Patuxent River. 117.455 Houma Navigation Canal. 117.569 Pocomoke River. 117.457 Houston River. 117.570 Sassafras River. 117.458 Inner Harbor Navigation Canal, New 117.571 Spa Creek. Orleans. 117.573 Stoney Creek. 117.459 Kelso Bayou. 117.575 Susquehanna River. 117.460 La Carpe Bayou. 117.577 Weems Creek. 117.461 Lacassine Bayou. 117.579 Wicomico River (North Prong). 117.463 Lacombe Bayou. 117.465 Lafourche Bayou. MASSACHUSETTS 117.467 Lake Pontchartrain. 117.585 Acushnet River. 117.469 Liberty Bayou. 117.586 Annisquaim River and Blynman 117.471 Little Black Bayou. Canal. 117.473 Little River. 117.587 Apponagansett River. 117.475 Little (Petit) Caillou Bayou. 117.588 Bass River. 117.477 Lower Atchafalaya River. 117.589 Cape Cod Canal. 117.478 Lower Grand River. 117.591 Charles River and its tributaries. 117.479 Macon Bayou. 117.480 Mermentau River. 117.593 Chelsea River. 117.481 Milhomme Bayou. 117.595 Danvers River. 117.482 Nezpique Bayou. 117.597 Dorchester Bay. 117.483 Ouachita River. 117.598 Eel Pond Channel. 117.484 Pass Manchac. 117.599 Fort Point Channel. 117.485 Patout Bayou. 117.600 Lagoon Pond. 117.486 Pearl River. 117.601 Malden River. 117.487 Pierre Pass. 117.603 Manchester Harbor. 117.488 Plaquemine Bayou. 117.605 Merrimack River. 117.489 Plaquemine Brule Bayou. 117.607 Mitchell River. 117.491 Red River. 117.609 Mystic River. 117.493 Sabine River. 117.611 Neponset River. 117.494 Schooner Bayou Canal. 117.613 North River. 117.495 Superior Oil Canal. 117.615 Plum Island River. 117.497 Stumpy Bayou. 117.618 Saugus River. 117.499 Tante Phine Pass. 117.619 Taunton River. 117.500 Tchefuncta River. 117.620 Westport River—East Branch. 117.501 Teche Bayou. 117.621 Fore River. 117.503 Tensas River. 117.622 West Bay. 117.505 Terrebonne Bayou. MICHIGAN 117.507 Tigre Bayou. 117.509 Vermilion River. 117.624 Black River (South Haven). 117.511 West Pearl River. 117.625 Black River. 117.627 Cheboygan River. MAINE 117.631 Detroit River (Trenton Channel). 117.521 Back Cove. 117.633 Grand River. 117.523 Back River. 117.635 Keweenaw Waterway. 117.525 Kennebec River. 117.637 Manistee River. 117.527 Kennebunk River. 117.639 Ontonagon River. 117.529 Narraguagus River. 117.641 Pine River (Charlevoix). 117.531 Piscataqua River. 117.643 Pine River (St. Clair). 117.533 Sheepscot River. 117.647 Saginaw River. 117.535 Taunton River. 117.651 St. Joseph River. 117.537 Townsend Gut. 117.653 St. Mary’s Fall Canal. 117.655 Thunder Bay River. MARYLAND MINNESOTA 117.543 Bear Creek. 117.547 Bush River. 117.661 Duluth Ship Canal (Duluth-Superior 117.549 Cambridge Harbor. Harbor). 117.551 Chester River. 117.663 Minnesota River. 117.553 Choptank River. 117.664 Rainy River, Rainy Lake and their 117.555 College Creek. tributaries. 117.557 Curtis Creek. 117.665 Red River of the North. 117.559 Isle of Wight (Sinepuxent) Bay. 117.667 St. Croix River. 117.561 Kent Island Narrows. 117.669 St. Louis River (Duluth-Superior 117.563 Marshyhope Creek. Harbor). 117.565 Miles River. 117.671 Upper Mississippi River.

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MISSISSIPPI NEW YORK 117.675 Back Bay of Biloxi. 117.769 Black Rock Canal. 117.677 Big Sunflower River. 117.771 Bronx River. 117.681 Old Fort Bayou. 117.773 Buffalo River. 117.683 Pearl River. 117.779 Eastchester Bay (Arm of). 117.684 Bayou Portage. 117.781 East River. 117.685 Tchoutacabouffa River. 117.785 Genessee River. 117.686 Yazoo River. 117.787 Gowanus Canal. 117.789 Harlem River. MISSOURI 117.791 Hudson River. 117.687 Missouri River. 117.793 Hutchinson River (Eastchester 117.689 Osage River. Creek). 117.795 Jamaica Bay and Connecting Water- NEBRASKA ways. 117.797 Lake Champlain. 117.691 Missouri River. 117.799 Long Island, New York Island Water- way from East Rockaway Inlet to NEW HAMPSHIRE Shinnecock Canal. 117.697 Hampton River. 117.800 Mill Neck Creek. 117.699 Little Harbor. 117.801 Newtown Creek, Dutch Kills, 117.700 Piscataqua River. English Kills and their tributaries. 117.802 New Rochelle Harbor. NEW JERSEY 117.803 Niagara River. 117.701 Alloway Creek. 117.805 Peekskill (Annsville) Creek. 117.702 Arthur Kill. 117.809 Tonawanda Creek. 117.703 Bass River. 117.811 Tonawanda Harbor. 117.705 Beaver Dam Creek. 117.813 Wappinger Creek. 117.709 Cheesequake Creek. 117.815 Westchester Creek. 117.711 Cohansey River. NORTH CAROLINA 117.713 Cooper River. 117.714 Corson Inlet. 117.820 Atlantic Intracoastal Waterway (Al- 117.716 Delaware River. ternate Route), Great Dismal Swamp 117.718 Elizabeth River. Canal. 117.719 Glimmer Glass (Debbie’s Creek). 117.821 Atlantic Intracoastal Waterway, Al- 117.720 Great Channel. bemarle Sound to Sunset Beach. 117.721 Grassy Sound Channel. 117.822 Cape Fear River. 117.722 Great Egg Harbor Bay. 117.823 Gallants Channel. 117.723 Hackensack River. 117.824 Neuse River. 117.725 Manantico Creek. 117.825 Newport River. 117.729 Mantua Creek. 117.829 Northeast Cape Fear River. 117.730 Maurice River. 117.831 Pamlico and Tar Rivers. 117.731 Mullica River. 117.833 Pasquotank River. 117.732 Nacote Creek. 117.835 Perquimans River. 117.733 New Jersey Intracoastal Waterway. 117.837 Roanoke River. 117.734 Navesink River (Swimming River). 117.841 Smith Creek. 117.735 Newark Bay. 117.843 Trent River. 117.736 Oceanport Creek. OHIO 117.737 Oldmans Creek. 117.738 Overpeck Creek. 117.847 Ashtabula River. 117.739 Passaic River. 117.849 Muskingum River (Zanesville 117.741 Raccoon Creek. Canal). 117.743 Rahway River. 117.850 Black River. 117.745 Rancocas Creek. 117.851 Portage River. 117.747 Raritan River. 117.853 Sandusky Bay. 117.749 Salem River. 117.855 Maumee River. 117.750 Schellenger Creek. 117.751 Shark River (South Channel). OREGON 117.753 Ship Channel, Great Egg Harbor 117.861 Blind Slough. Bay. 117.865 Clatskanie River. 117.755 Shrewsbury River. 117.869 Columbia River. 117.756 South River. 117.871 Coos Bay. 117.757 Townsend Inlet. 117.873 Coos River. 117.758 Tuckahoe River. 117.875 Coquille River. 117.759 Wading River. 117.879 Isthmus Slough. 117.761 Woodbridge Creek. 117.881 John Day River.

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117.887 Oregon Slough (North Portland Har- VIRGINIA bor). 117.889 Siuslaw River. 117.995 Appomattox River. 117.892 South Slough. 117.997 Atlantic Intracoastal Waterway, 117.893 Umpqua River. South Branch of the Elizabeth River to 117.895 Wallooskee River. the Albemarle and Chesapeake Canal. 117.897 Willamette River. 117.999 Blackwater River. 117.899 Youngs Bay and Lewis and Clark 117.1001 Cat Point Creek. River. 117.1003 Chickahominy River. 117.1005 Chincoteague Channel. PENNSYLVANIA 117.1007 Elizabeth River—Eastern Branch. 117.901 Chester Creek. 117.1011 Great Wicomico River. 117.903 Darby Creek. 117.1013 Kinsale Creek. 117.904 Delaware River. 117.1015 Mattaponi River. 117.905 Schuylkill River. 117.1021 North Landing River. 117.1023 Pamunkey River. RHODE ISLAND [RESERVED] 117.1025 York River. SOUTH CAROLINA WASHINGTON 117.911 Atlantic Intracoastal Waterway, Little River to Savannah River. 117.1031 Chehalis River. 117.913 Ashepoo River. 117.1035 Columbia River. 117.915 Ashley River. 117.1037 Cowlitz River. 117.917 Battery Creek. 117.1041 Duwamish Waterway. 117.921 Broad River. 117.1045 Hood Canal. 117.923 Congaree River. 117.1047 Hoquiam River. 117.925 Cooper River. 117.1049 Lake Washington. 117.927 Coosaw River (Whale Branch). 117.1051 Lake Washington Ship Canal. 117.929 Durham Creek. 117.1053 Lewis River. 117.933 Pee Dee River. 117.1055 Skagit River. 117.935 Rantowles Creek. 117.1057 Skamokawa Creek. 117.936 Savannah River. 117.938 Waccamaw River. 117.1058 Snake River. 117.939 Wando River. 117.1059 Snohomish River, Steamboat Sough, and Ebey Slough. SOUTH DAKOTA 117.1061 Tacoma Harbor. 117.941 Missouri River. 117.1063 Willapa River South Fork. 117.1065 Wishkah River. TENNESSEE WISCONSIN 117.943 Cumberland River. 117.945 Hatchie River. 117.1081 Black River. 117.947 Obion River. 117.1083 Duluth-Superior Harbor (St. Louis 117.949 Tennessee River. River). 117.1085 East River. TEXAS 117.1087 Fox River. 117.951 Arroyo Colorado River. 117.1089 Manitowoc River. 117.953 Brazos River (Diversion Channel). 117.1091 Menomonee River. 117.955 Buffalo Bayou. 117.1093 Milwaukee, Menomonee, and 117.957 Cedar Bayou. Kinnickinnic Rivers and South 117.959 Chocolate Bayou. Menomonee and Burnham Canals. 117.963 Colorado River. 117.1095 Root River. 117.965 Cow Bayou. 117.1097 Sheboygan River. 117.966 Galveston Channel. 117.1099 St. Croix River. 117.967 Greens Bayou. 117.1101 Sturgeon Bay. 117.968 Gulf Intracoastal Waterway. 117.1103 Upper Mississippi River. 117.969 Lavaca River. 117.1105 Wisconsin River. 117.971 Neches River. 117.1107 Wolf River 117.975 Old Brazos River. 117.979 Sabine Lake. AUTHORITY: 33 U.S.C. 499; 33 CFR 1.05–1; and 117.981 Sabine River. Department of Homeland Security Delega- 117.984 San Bernard River. tion No. 0170.1. 117.987 Taylor Bayou. 117.989 Trinity River. SOURCE: CGD 82–025, 49 FR 17452, Apr. 24, 1984, unless otherwise noted. VERMONT EDITORIAL NOTE: Nomenclature changes to 117.993 Lake Champlain. part 117 appear at 63 FR 35529, June 30, 1998.

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Subpart A—General Requirements Lowerable means a non-structural vessel appurtenance that is or can be § 117.1 Purpose. made flexible, hinged, collapsible, or telescopic so that it can be mechani- (a) This part prescribes the general cally or manually lowered. and special drawbridge operating regu- Nonstructural means that the item is lations that apply to the drawbridges not rigidly fixed to the vessel and can across the navigable waters of the be relocated or altered. United States and its territories. The authority to regulate drawbridges Not essential to navigation means that across the navigable waters of the a nonstructural vessel appurtenance, United States is vested in the Sec- when in the lowered position, would retary of Homeland Security. not adversely affect the vessel’s piloting, propulsion, control, or collision- (b) Subpart A contains the general avoidance capabilities. operation requirements that apply to all drawbridges. Public vessel means a vessel that is owned and operated by the United (c) Subpart B contains specific re- States Government and is not engaged quirements for operation of individual in commercial service, as defined in 46 drawbridges. These requirements are in U.S.C. 2101. addition to or vary from the general requirements in Subpart A. Specific sec- Remotely operated drawbridge means a tions in subpart B that vary from a drawbridge that is operated by remote general requirement in Subpart A su- control from a location away from the persede the general requirement. All drawbridge. other general requirements in Subpart Removable span bridge means a bridge A, that are not at variance, apply to that requires the complete removal of the drawbridges and removable span a span by means other than machinery bridges listed in Subpart B. installed on the bridge to open the bridge to navigation. [USCG–2001–10881, 71 FR 70307, Dec. 4, 2006] Untended means that there is no drawtender at the drawbridge. § 117.4 Definitions. [USCG–2001–10881, 71 FR 70307, Dec. 4, 2006] The following definitions apply to this part: § 117.5 When the drawbridge must Appurtenance means an attachment open. or accessory extending beyond the hull Except as otherwise authorized or re- or superstructure that is not an inte- quired by this part, drawbridges must gral part of the vessel and is not need- open promptly and fully for the pas- ed for a vessel’s piloting, propelling, sage of vessels when a request or signal controlling, or collision avoidance ca- to open is given in accordance with pabilities. this subpart. Automated drawbridge means a drawbridge that is operated by an auto- [USCG–2001–10881, 71 FR 70308, Dec. 4, 2006] mated mechanism, not a drawtender. An automated drawbridge is normally § 117.7 General requirements of draw- kept in the open to navigation position bridge owners. and closes when the mechanism is acti- Except for drawbridges that have vated. been authorized, before January 3, 2007, Deviation means a District Com- to remain closed to navigation or as mander’s action authorizing a draw- otherwise specified in subpart B, drawbridge owner to temporarily not com- bridge owners must: ply with the drawbridge opening re- (a) Provide the necessary quirements in this part. drawtender(s) for the safe and prompt Drawbridge means a bridge with an opening of the drawbridge. operational span that is intended to be (b) Maintain the working machinery opened for the passage of waterway of the drawbridge in good operating traffic. condition. Drawspan means the operational span (c) Cycle the drawspan(s) periodically of a drawbridge. to ensure operation of the drawbridge.

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(d) Ensure that the drawbridge oper- been lowered, to safely pass under the ates in accordance with the require- drawbridge in the closed position; or ments of this part. (b) Signal a drawbridge to open for (e) Any drawbridge allowed to remain any purpose other than to pass through closed to navigation prior to January the drawbridge opening. 3, 2007, when necessary, must be re- [CGD 91–059, 59 FR 16563, Apr. 7, 1994] turned to operable condition within the designated time set forth by the Dis- § 117.15 Signals. trict Commander and will become sub- (a) General. (1) The operator of each ject to the requirements of this part. vessel requesting a drawbridge to open [USCG–2001–10881, 71 FR 70308, Dec. 4, 2006] shall signal the drawtender and the drawtender shall acknowledge that sig- § 117.8 Permanent changes to draw- nal. The signal shall be repeated until bridge operation. acknowledged in some manner by the (a) Anyone may submit a written re- drawtender before proceeding. quest to the District Commander for a (2) The signals used to request the permanent change to a drawbridge op- opening of the draw and to acknowl- erating requirement. The request must edge that request shall be sound sig- include documentation supporting or nals, visual signals, or radiotelephone justifying the requested change. communications described in this sub- (b) If after evaluating the request, part. the District Commander determines (3) Any of the means of signaling de- that the requested change is not need- scribed in this subpart sufficient to ed, he or she will respond to the re- alert the party being signaled may be quest in writing and provide the rea- used. sons for denial of the requested change. (b) Sound signals. (1) Sound signals (c) If the District Commander decides shall be made by whistle, horn, mega- that a change may be needed, he or she phone, hailer, or other device capable will begin a rulemaking to implement of producing the described signals loud the change. enough to be heard by the drawtender. (2) As used in this section, ‘‘pro- [USCG–2001–10881, 71 FR 70308, Dec. 4, 2006] longed blast’’ means a blast of four to six seconds duration and ‘‘short blast’’ § 117.9 Delaying opening of a draw. means a blast of approximately one No person shall unreasonably delay second duration. the opening of a draw after the signals (3) The sound signal to request the required by § 117.15 have been given. opening of a draw is one prolonged blast followed by one short blast NOTE: Trains are usually controlled by the block method. That is, the track is divided sounded not more than three seconds into blocks or segments of a mile or more in after the prolonged blast. For vessels length. When a train is in a block with a required to be passed through a draw drawbridge, the draw may not be able to during a scheduled closure period, the open until the train has passed out of the sound signal to request the opening of block and the yardmaster or other manager the draw during that period is five has ‘‘unlocked’’ the drawbridge controls. The short blasts sounded in rapid succes- maximum time permitted for delay is defined in Subpart B for each affected bridge. sion. Land and water traffic should pass over or (4) When the draw can be opened im- through the draw as soon as possible in order mediately, the sound signal to ac- to prevent unnecessary delays in the opening knowledge a request to open the draw and closure of the draw. is one prolonged blast followed by one short blast sounded not more than 30 § 117.11 Unnecessary opening of the seconds after the requesting signal. draw. (5) When the draw cannot be opened No vessel owner or operator shall— immediately, or is open and shall be (a) Signal a drawbridge to open if the closed promptly, the sound signal to vertical clearance is sufficient to allow acknowledge a request to open the the vessel, after all lowerable non- draw is five short blasts sounded in structural vessel appurtenances that rapid succession not more than 30 sec- are not essential to navigation have onds after the vessel’s opening signal.

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The signal shall be repeated until ac- § 117.17 Signalling for contiguous knowledged in some manner by the re- drawbridges. questing vessel. When a vessel must past two or more (c) Visual signals. (1) The visual signal drawbridges close together, the open- to request the opening of a draw is— ing signal is given for the first bridge. (i) A white flag raised and lowered After acknowledgment from the first vertically; or bridge that it will promptly open, the (ii) A white, amber, or green light opening signal is given for the second raised and lowered vertically. bridge, and so on until all bridges that (2) When the draw can be opened im- the vessel must pass have been given mediately, the visual signal to ac- the opening signal and have acknowl- knowledge a request to open the draw, edged that they will open promptly. given not more than 30 seconds after § 117.19 Signalling when two or more the vessel’s opening signal, is— vessels are approaching a draw- (i) A white flag raised and lowered bridge. vertically; When two or more vessels are ap- (ii) A white, amber, or green light proaching the same drawbridge at the raised and lowered vertically; or same time, or nearly the same, time, (iii) A fixed or flashing white, amber, whether from the same or opposite di- or green light or lights. rections, each vessel shall signal inde- (3) When the draw cannot be opened pendently for the opening of the draw immediately, or is open and must be and the drawtender shall reply in turn closed promptly, the visual signal to to the signal of each vessel. The acknowledge a request to open the drawtender need not reply to signals by draw is— vessels accumulated at the bridge for (i) A red flag or red light swung back passage during a scheduled open period. and forth horizontally in full sight of § 117.21 Signalling for an opened the vessel given not more than 30 sec- drawbridge. onds after the vessel’s opening signal; When a vessel approaches a draw- or bridge with the draw in the open posi- (ii) A fixed or flashing red light or tion, the vessel shall give the opening lights given not more than 30 seconds signal. If no acknowledgment is re- after the vessel’s opening signal. ceived within 30 seconds, the vessel (4) The acknowledging signal when may proceed, with caution, through the draw cannot open immediately or the open draw. is open and must be closed promptly shall be repeated until acknowledged § 117.23 Installation of radio- in some manner by the requesting ves- telephones. sel. (a) When the District Commander (d) Radio telephone communications. (1) deems it necessary for reasons of safety Radiotelephones may be used to com- of navigation, the District Commander municate the same information pro- may require the installation and oper- vided by sound and visual signals. ation or a radiotelephone on or near a (2) The vessel and the drawtender drawbridge. (b) The District Commander gives shall monitor the frequency used until written notice of the proposed require- the vessel has cleared the draw. ment to the bridge owner. (3) When radiotelephone contact can- (c) All comments the owner wishes to not be initiated or maintained, sound submit shall be submitted to the Dis- or visual signals under this section trict Commander within 30 days of re- shall be used. ceipt of the notice under paragraph (b) [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as of this section. amended by CGD 82–025, 50 FR 11366, Mar. 21, (d) If, upon consideration of the com- 1985; CGD 84–022, 51 FR 16308, May 2, 1986; ments received, the District Com- CGD 96–026, 61 FR 33664, June 28, 1996; USCG– mander determines that a radio- 2001–10881, 71 FR 70308, Dec. 4, 2006] telephone is necessary, the District Commander notifies the bridge owner

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that a radiotelephone shall be installed opening does not conflict with local and gives a reasonable time, not to ex- emergency management procedures ceed six months, to install the radio- which have been approved by the cog- telephone and commence operation. nizant Coast Guard Captain of the Port: § 117.24 Radiotelephone installation (1) Federal, State, and local govern- identification. ment vessels used for public safety; (a) The Coast Guard authorizes, and (2) Vessels in distress where a delay the District Commander may require would endanger life or property; the installation of a sign on draw- (3) Commercial vessels engaged in bridges, on the upstream and down- rescue or emergency salvage oper- stream sides, indicating that the bridge ations; and is equipped with and operates a VHF (4) Vessels seeking shelter from se- radiotelephone in accordance with vere weather. § 117.23. [CGD 91–016, 58 FR 20, Jan. 4, 1993, as amend- (b) The sign shall give notice of the ed at 71 FR 70308, Dec. 4, 2006] radiotelephone and its calling and working channels— § 117.33 Closure of draw for natural (1) In plain language; or disasters or civil disorders. (2) By a sign consisting of the outline Drawbridges need not open for the of a telephone handset with the long passage of vessels during periods of axis placed horizontally and a vertical natural disasters or civil disorders de- three-legged lightning slash super- clared by the appropriate authorities imposed over the handset. The slash unless otherwise provided for in Sub- shall be as long vertically as the part B or directed to do so by the Dis- handset is wide horizontally and nor- trict Commander. mally not less than 27 inches and no more than 36 inches long. The preferred § 117.35 Temporary change to a draw- calling channel should be shown in the bridge operating schedule. lower left quadrant and the preferred (a) For any temporary change to the working channel should be shown in operating schedule of a drawbridge, the lower right quadrant. lasting less than or equal to 180 days, the District Commander may issue a NOTE: It is recommended that the radiotelephone sign be similar in design to the deviation approval letter to the bridge Service Signs established by the Federal owner and publish a ‘‘Notice of devi- Highway Administration (FHWA) in U.S. ation from drawbridge regulation’’ in Road Symbol Signs using Reflective Blue the FEDERAL REGISTER. and Reflective White colors. Color and de- (b) If the time period for a temporary sign information is available from the Dis- change to the operating schedule of a trict Commander of the Coast Guard District drawbridge will be greater then 180 in which the bridge is located. days, the District Commander will fol- [CGD 84–022, 51 FR 16308, May 2, 1986] low appropriate rulemaking procedures and publish a temporary rule in the § 117.31 Drawbridge operations for FEDERAL REGISTER prior to the start of emergency vehicles and emergency the action. vessels. (c) Request for change. (1) To tempo- (a) Upon receiving notification that rarily change the drawbridge-operating an emergency vehicle is responding to requirements the bridge owner must an emergency situation, a drawtender submit a written request to the Dis- must make all reasonable efforts to trict Commander for approval of the have the drawspan closed at the time change. the emergency vehicle arrives. (2) The request must describe the rea- (b) When a drawtender receives no- son for the closure and the dates and tice, or a proper signal as provided in times scheduled for the start and end § 117.15 of this part, the drawtender of the change. shall take all reasonable measures to (3) Requests should be submitted as have the draw opened, regardless of the early as possible, preferably 90 days be- operating schedule of the draw, for pas- fore the start of the action. District sage of the following, provided this Commanders have discretion to accept

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requests submitted less than 90 days in writing that the District Com- before a needed change if those re- mander authorize the drawbridge to requests can be processed before the date main closed to navigation and to be of the needed change. untended. (d) Determination. The District Com- (b) The District Commander may: mander’s determination to allow the (1) Authorize the closure of the draw- schedule change is normally forwarded bridge; to the bridge owner within ten working (2) Set out any conditions in addition days after receipt of the request. If the to the requirement in paragraph (d): request is denied, the reasons for the and denial will be set out in the District (3) Revoke an authorization and Commander’s decision letter. order the drawbridge returned to oper- (e) The drawbridge must return to its ation when necessary. regular operating schedule imme- (c) All drawbridges authorized to re- diately at the end of the designated main closed to navigation, under this time period. section, must be maintained in oper- (f) If the authorized closure period for able condition. an event is broken into separate time (d) Authorization under this section periods on the same day or on consecu- does not: tive days, the drawbridge must provide (1) Authorize physical changes to the openings for navigation between the drawbridge structure, or authorized closures. (2) Authorize removal of the oper- (g) The District Commander will also ating machinery. announce the change to the operating schedule in the Local Notice to Mari- (e) Drawbridges authorized under this ners and other appropriate local media. section to remain closed to navigation and to be untended are identified in [USCG–2001–10881, 71 FR 70308, Dec. 4, 2006] subpart B of this part. § 117.36 Closure of drawbridge for [USCG–2001–10881, 71 FR 70308, Dec. 4, 2006] emergency repair. § 117.40 Advance notice for draw- (a) When a drawbridge unexpectedly bridge opening. becomes inoperable, or should be immediately rendered inoperable because (a) Upon written request by the of mechanical failure or structural de- owner of a drawbridge, the District fect, the drawbridge owner must notify Commander may authorize a draw- the District Commander of the closure bridge to operate under an advance no- without delay and give the reason for tice for opening. The drawbridge ten- the emergency closure of the draw- der, after receiving the advance notice, bridge and an estimated time when the must open the drawbridge at the re- drawbridge will be returned to oper- quested time and allow for a reasonable ating condition. delay in arrival of the vessel giving the (b) The District Commander will no- advance notice. tify mariners about the drawbridge sta- (b) If the request is approved, a de- tus through Broadcast Notices to Mari- scription of the advanced notice for the ners, Local Notice to Mariners and any drawbridge will be added to subpart B other appropriate local media. of this part. (c) Repair work under this section [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] must be performed with all due speed in order to return the drawbridge to § 117.41 Maintaining drawbridges in operation as soon as possible. the fully open position. [USCG–2001–10881, 71 FR 70308, Dec. 4, 2006] (a) Drawbridges permanently maintained in the fully open to navigation § 117.39 Authorized closure of draw- position may discontinue drawtender bridge due to infrequent requests service as long as the drawbridge re- for openings. mains fully open to navigation. The (a) When there have been no requests drawbridge must remain in the fully for drawbridge openings for at least open position until drawtender service two years, a bridge owner may request is restored.

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(b) If a drawbridge is normally main- Guard District in which the drawbridge tained in the fully open to navigation is located. position, but closes to navigation for (b) Penalties for violations under this the passage of pedestrian, vehicular, part are assessed and collected under rail, or other traffic, the drawbridge Subpart 1.07 of Part 1 of this chapter. must be tended unless: (1) Special operating requirements Subpart B—Specific Requirements are established in subpart B of this part for that drawbridge; or § 117.51 General. (2) The drawbridge is remotely operated or automated. The drawbridges in this subpart are listed by the state in which they are lo- [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] cated and by the waterway they cross. Waterways are arranged alphabetically § 117.42 Remotely operated and auto- by state. The drawbridges listed under mated drawbridges. a waterway are generally arranged in (a) Upon written request by the order from the mouth of the waterway owner of a drawbridge, the District moving upstream. The drawbridges on Commander may authorize a draw- the Atlantic Intracoastal Waterway bridge to operate under an automated are listed from north to south and on system or from a remote location. the Gulf Intracoastal Waterway from (b) If the request is approved, a de- east to west. scription of the full operation of the remotely operated or automated draw- [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] bridge will be added to subpart B of this part. § 117.55 Posting of requirements. (a) The owner of each drawbridge [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] under this subpart, other than remov- § 117.47 Clearance gauges. able span bridges, must ensure that a sign summarizing the requirements in (a) Clearance gauges are required for this subpart applicable to the draw- drawbridges across navigable waters of bridge is posted both upstream and the United States discharging into the downstream of the drawbridge. The re- Atlantic Ocean south of Delaware Bay quirements to be posted need not in- (including the Lewes and Rehoboth clude those in Subpart A or §§ 117.51 Canal, DE) or into the Gulf of Mexico (including coastal waterways contig- through 117.59 of this part. uous thereto and tributaries to such (b) The signs shall be of sufficient waterways and the Lower Atchafalaya size and so located as to be easily read River, LA), except the Mississippi at any time from an approaching ves- River and its tributaries and outlets, sel. (b) Except for provisions in this part (c) If advance notice is required to which specify otherwise for particular open the draw, the signs shall also drawbridges, clearance gauges shall be state the name, address, and telephone designed, installed, and maintained ac- number of the person to be notified. cording to the provisions of § 118.160 of [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as this chapter. amended by USCG–2001–10881, 71 FR 70309, NOTE: Clearance gauge requirements, if Dec. 4, 2006] any, for drawbridges other than those referred to in this section are listed in Subpart § 117.59 Special requirements due to B under the appropriate bridge. hazards. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as For the duration of occurrences haz- amended by CGD 84–022, 51 FR 16308, May 2, ardous to safety or navigation, such as 1986; CGD 96–026, 61 FR 33664, June 28, 1996] floods, freshets, and damage to the bridge or fender system, the District § 117.49 Process of violations. Commander may require the owner of (a) Complaints of alleged violations an operational drawbridge listed in this under this part are submitted to the subpart to have the bridge attended District Commander of the Coast full time and open on signal.

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ALABAMA § 117.109 Coosa River. The draw of the CSX Transportation § 117.101 Alabama River. Railroad bridge, mile 175.0 at Gadsden, (a) The Alabama & Gulf Coast Rail- shall open on signal if at least six way Drawbridge, mile 105.3, at Coy, hours notice is given. shall open on signal if at least 24 hours notice is given. § 117.113 Tensaw River. (b) The draw of the Canadian Na- The draw of the CSX Transportation tional/Illinois Central railroad bridge, Railroad bridge, mile 15.0 at Hurricane, mile 277 near Montgomery, shall open shall open on signal; except that, from on signal if at least 24 hours notice is 5 p.m. to 9 a.m., the draw shall open on given. signal if at least eight hours notice is (c) The draw of the CSX Transpor- given. During periods of severe storms tation Railroad bridge, mile 293.3 near or hurricanes, from the time the Na- Montgomery, shall open on signal if at tional Weather Service sounds an least 24 hours notice is given. ‘‘alert’’ for the area until the ‘‘all clear’’ is sounded, the draw shall open [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as on signal. amended by USCG–2000–7223, 65 FR 40056, June 29, 2000; CGD08–03–018, 68 FR 34303, June [CGD8–85–09, 50 FR 37356, Sept. 13, 1985] 9, 2003; CGD08–04–001, 69 FR 5465, Feb. 5, 2004] § 117.115 Three Mile Creek. § 117.103 Bayou La Batre. (a) The draw of the US43 bridge, mile The draw of SR 188 Bridge, mile 2.3, 1.0 at Mobile, need not be opened from at Bayou La Batre, will open on signal 7 a.m. to 9 a.m. and from 4:30 p.m. to every hour on the hour daily between 4 6:30 p.m. daily. At all other times, the a.m. and 8 p.m., Monday through Sun- draw shall open on signal if at least 12 day. The bridge need not open for the hours notice is given. passage of vessels on the hours of 7 (b) The draw of the Norfolk Southern a.m., 3 p.m., and 4 p.m., Monday railroad bridge, mile 1.1 at Mobile, through Friday. Monday through Fri- shall open on signal if at least five days day the draw will open on signal for notice is given. the passage of vessels at 3:30 p.m. The bridge will remain closed to marine ARKANSAS traffic from 8 p.m. to 4 a.m. daily ex- § 117.121 Arkansas River cept for emergencies. The draw of the Missouri Pacific [CGD08–05–001, 70 FR 37675, June 30, 2005] Railroad bridge, mile 23.1 near Yancopin, shall open on signal if at § 117.105 Bayou Sara. least 96 hours notice is given. The draw of the CSX Transportation Railroad bridge, mile 0.1 near Saraland, § 117.123 Arkansas Waterway. shall open on signal; except that, from (a) Across the Arkansas Waterway, 6 p.m. to 10 a.m. the draw shall open on the draw of the Rob Roy Drawbridge, signal if at least eight hours notice is mile 67.4, at Pine Bluff, Arkansas is given. During periods of severe storms maintained in the closed to navigation or hurricanes, from the time the Na- position and is remotely operated. Any tional Weather Service sounds an vessel which requires an opening of the ‘‘alert’’ for the area until the ‘‘all draw of this bridge shall establish con- clear’’ is sounded, the draw shall open tact by radiotelephone with the remote on signal. drawbridge operator on VHF–FM Chan- nel 12 in Omaha, Nebraska. To estab- [CGD8–85–12, 50 FR 41685, Oct. 15, 1985] lish contact, the vessel shall key the VHF–FM radio microphone four times § 117.107 Chattahoochee River. in five seconds and listen for an ac- The draws of the CSX Transportation knowledgement tone. The remote Railroad bridge, mile 117.1 near Omaha, drawbridge operator will then establish GA, shall open on signal if at least six normal verbal radio communication on hours notice is given. VHF–FM Channel 12 and advise the

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vessel whether the requested span can bridge operator as described in para- be immediately opened and will main- graph (b)(1) of this section either before tain constant radio contact with the departing Murray Lock and Dam or be- vessel until the requested span has fore departing the mooring cells at opened and vessel passage has been mile 121.5 to ensure that the drawspan completed. The bridge is equipped with is opened well in advance of arrival at a Photoelectric Boat Detection System the bridge. The remote drawbridge op- to prevent the span from lowering if erator shall immediately respond to there is an obstruction under the span. the vessel’s contact, ensure the If the drawbridge cannot be opened im- drawspan is open for passage, and en- mediately, the remote drawbridge op- sure that it remains in the open to erator will notify the calling vessel and navigation position until the provide an estimated time for a downbound vessel has safely passed drawspan opening. through. If it cannot be opened imme- (b) Across the Arkansas Waterway, diately for unimpeded passage in ac- the draw of the Baring Cross Railroad cordance with § 165.817, the remote Drawbridge, mile 119.6 at Little Rock, drawbridge operator will notify the Arkansas, is maintained in the closed downbound vessel and provide an esti- position and is remotely operated. Use mated time for a drawspan opening. the following procedures to request an Upbound vessels shall request openings opening of this bridge when necessary in accordance with the normal flow for transit: procedures as set forth in paragraph (1) Normal flow procedures. Any vessel (b)(1) of this section. The remote draw- which requires an opening of the draw bridge operator shall keep these ap- of this bridge shall establish contact by proaching vessels informed of the posi- radiotelephone with the remote draw- tion of the drawspan at all times until bridge operator on VHF–FM Channel 13 safe passage is completed. in Omaha, Nebraska. To establish con- (c) Across the Arkansas Waterway, tact, the vessel shall key the VHF–FM the draw of the Van Buren Railroad radio microphone four times in five Drawbridge, mile 300.8 at Van Buren, seconds and listen for an acknowledge- Arkansas, is maintained in the open ment tone. The remote drawbridge opposition except as follows: erator will then establish normal (1) When a train approaches the verbal radio communication on VHF– bridge, amber lights attached to the FM Channel 13 and advise the vessel bridge begin to flash and an audible whether the requested span can be im- signal on the bridge sounds. At the end mediately opened and will maintain of 10 minutes, the amber light con- constant radio contact with the vessel tinues to flash; however, the audible until the requested span has opened signal stops and the draw lowers and and vessel passage has been completed. locks if the photoelectric boat detec- The bridge is equipped with a Photo- tion system detects no obstruction electric Boat Detection System to pre- under the span. If there is an obstruc- vent the span from lowering if there is tion, the draw opens to its full height an obstruction under the span. If the until the obstruction is cleared. drawbridge cannot be opened imme- (2) After the train clears the bridge, diately, the remote drawbridge oper- the draw opens to its full height, the ator will notify the calling vessel and amber flashing light stops, and the mid provide an estimated time for a channel lights change from red to drawspan opening. green, indicating the navigation chan- (2) High velocity flow procedures. The nel is open for the passage of vessels. area from mile 118.2 to mile 125.4 is a [CGD08–06–005, 71 FR 70879, Dec. 7, 2006, as regulated navigation area as described amended by USCG–2007–0043, 73 FR 24868, in § 165.817. During periods of high ve- May 6, 2008; USCG–2010–0441, 75 FR 65232, Oct. locity flow rate of 70,000 cubic feet per 22, 2010; USCG–2010–0228, 75 FR 66308, Oct. 28, second or greater at the Murray Lock 2010] and Dam, mile 125.4, downbound vessels which require that the draw of this § 117.125 Black River. bridge be opened for unimpeded pas- The following draws need not be sage shall contact the remote draw- opened for the passage of vessels:

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(a) Union Pacific railroad bridge, § 117.139 White River. mile 3.4 at Paroquet. (a) The draws of the St. Louis South- (b) Burlington Northern railroad western railroad bridge, mile 98.9 at bridge, mile 68.4 at Black Rock. Clarendon, the US70 highway bridge, (c) Arkansas State Highway Depart- mile 121.7 at DeValls Bluff, the Chi- ment bridge, mile 90.1 at Pocahontas. cago, Rock Island and Pacific Railroad (d) Burlington Northern railroad bridge, mile 122.0 at DeValls Bluff, the bridge, mile 90.4 at Pocahontas. Missouri Pacific railroad bridge, mile (e) Union Pacific railroad bridge, 196.3 at Augusta, and the Missouri Pa- mile 144.4 at Corning. cific railroad bridge, mile 254.8 at New- (f) Arkansas State Highway Depart- port, shall open on signal if at least ment bridge, mile 152.2 at Corning. eight hours notice is given. The draws § 117.127 Current River. of any of these bridges need not be opened for a vessel that arrives later The draws of the Arkansas highway than two hours after the time specified bridge, mile 10.2, and the Burlington in the notice, unless a second notice of Northern railroad bridge, mile 12.2, at least eight hours is given. both at Biggers, need not be opened for (b) The draws of the Arkansas high- the passage of vessels. way bridge, mile 300.1 at Batesville, and the Missouri Pacific railroad § 117.129 Little Red River. bridge, mile 401.9 at Cotter, need not be The draws of the Burlington North- opened for the passage of vessels. ern railroad bridge, mile 25.0, and Ar- kansas highway bridge, mile 25.2, both [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as at Judsonia, and the Arkansas highway amended by CGD08–06–005, 72 FR 70879, Dec. 7, 2006] bridge, mile 30.5 at Searcy, need not be opened for the passage of vessels. CALIFORNIA

§ 117.131 Little River. § 117.140 General. The draws of the Burlington North- In California, when fog prevails by ern railroad bridge, mile 7.1 near Ful- day or night, the drawtender, after ton, need not be opened for the passage sounding the opening signal, shall toll of vessels. a bell continuously during the approach and passage of a vessel. § 117.133 Ouachita River. The draw of the St. Louis South- § 117.141 American River. western Railroad Bridge, Mile 338.8 The draw of the Jiboom Street near Camden, need not be open for the bridge, mile 0.1 at Sacramento, need passage of vessels. not be opened for the passage of ves- [CGD2 89–03, 55 FR 12820, Apr. 6, 1990, as sels. amended by USCG–1998–3799, 63 FR 35527, [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR June 30, 1998] 37381, Sept. 24, 1984]

§ 117.135 Red River. § 117.143 Bishop Cut. The draws of the bridges above mile The draw of the San Joaquin County 276.0 at the Arkansas Louisiana border, highway bridge, mile 1.0 between King need not be opened for the passage of Island and Bishop Tract, shall open on vessels. signal if at least 12 hours notice is given to the San Joaquin County De- § 117.137 St. Francis River. partment of Public Works at Stockton. The draws of the Chicago, Rock Is- land and Pacific railroad bridge, mile § 117.147 Cerritos Channel. 59.7 at Madison, and all drawbridges (a) The draw of the Commodore above that point, need not be opened Schuyler F. Heim highway bridge, mile for the passage of vessels. 4.9 at Long Beach, shall open on signal; [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as except that, from 6:30 a.m. to 8 a.m. amended by CGD02 86–33, 51 FR 32318, Sept. and 3:30 p.m. to 6 p.m. Monday through 11, 1986] Friday except Federal holidays, the

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draws need not be opened for the pas- p.m., and at (209) 993–8878 all other sage of vessels. The opening signal for times. the Commodore Schuyler Heim bridge [USCG–2008–1141, 74 FR 30227, June 25, 2009] is three prolonged blasts. The acknowledging signal is two prolonged blasts § 117.151 Cordelia Slough (a tributary followed by one short blast when the of Suisun Bay). draw will open immediately and five short blasts when the draw will not The draws of the Union Pacific rail- open immediately. Channel 13 (156.65 road bridge, mile 1.5 at Suisun, shall MHZ) or other assigned frequencies open on signal if at least 24 hours no- may be used. tice is given. (b) The draw of the Henry Ford Ave- § 117.153 Corte Madera Creek. nue railroad bridge, mile 4.8 at Long Beach, shall be maintained in the fully The draw of the Golden Gate Bridge, open position, except when a train is Highway and Transportation District crossing or for maintenance. If the bridge, mile 0.5 near Greenbrae, shall draw is in the closed position, the be maintained in the fully open posi- opening signal is two short blasts fol- tion, except for the crossing of trains lowed by one prolonged blast. The ac- or for maintenance. knowledging signal is two prolonged [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as blasts followed by one short blast when amended by USCG–1998–3799, 63 FR 35527, the draw will open immediately and June 30, 1998] five short blasts when the draw will not open immediately. Channel 13 § 117.155 Eureka Slough. (156.65 MHZ) or other assigned fre- The drawspan for the Northwestern quencies may be used. Pacific Railroad Authority Draw- [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR bridge, mile 0.3 at Eureka, need not be 37381, Sept. 24, 1984, as amended by CGD11–90– opened for the passage of vessels. The 03, 61 FR 59026, Nov. 20, 1996; 62 FR 31724, owner or agency controlling the draw- June 11, 1997; USCG–1999–5832, 64 FR 34712, bridge must restore the drawspan to June 29, 1999] full operation within six months of notification from the District Com- § 117.149 China Basin, Mission Creek. mander. The draws of the 3rd Street bridge, mile 0.0, and the 4th Street bridge, mile [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] 0.2, both at San Francisco, shall open § 117.157 Georgiana Slough. on signal if at least one hour notice is given. The draws of the Sacramento County highway bridges, mile 4.5 near Isleton, § 117.150 Connection Slough. and mile 12.4 near Walnut Grove, shall The draw of the Reclamation District open on signal from 6 a.m. to 10 p.m. No. 2027 bridge between Mandeville and from May 1 through October 31. The Bacon Islands, mile 2.5 near Stockton, draws shall open on signal from No- from May 15 through September 15, vember 1 through April 30 from 9 a.m. shall open on signal between the hours to 5 p.m. At all other times, the draws of 9 a.m. and 5 p.m., and it shall open of these bridges shall open on signal if upon 12 hours advance notice between at least four hours notice is given to the hours of 5 p.m. and 9 a.m.; and from the drawtender at the Rio Vista bridge September 16 through May 14 the draw across the Sacramento River, mile 12.8. shall open upon 12 hours advance notice between the hours of 9 a.m. and 5 § 117.159 Grant Line Canal. p.m., and it shall open upon 24 hours The draw of the San Joaquin County advance notice between the hours of 5 highway bridge, mile 5.5 at Tracy, shall p.m. and 9 a.m. Advance notice shall be open on signal if at least 12 hours no- given to the drawbridge operator by tice is given to the San Joaquin Coun- telephone at (209) 464–2959 or (209) 464– ty Department of Public Works at 7928 weekdays between 8 a.m. and 5 Stockton.

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§ 117.161 Honker Cut. phone number to schedule drawspan operation. The draw of the San Joaquin County (b) The draw of the Northwestern Pa- (Eightmile Road) bridge, mile 0.3 be- cific railroad bridge, mile 10.6 at Braz- tween Empire Tract and King Island at os, shall be maintained in the fully Stockton, shall open on signal if at open position, except for the crossing least 12 hours notice is given to the of trains or for maintenance. When the San Joaquin County Department of draw is closed and visibility at the Public Works at Stockton. drawtender’s station is less than one mile, up or down the channel, the § 117.163 Islais Creek (Channel). drawtender shall sound two prolonged (a) The draw of the Illinois Street blasts every minute. When the draw is drawbridge, mile 0.3 at San Francisco, opened, the drawtender shall sound shall open on signal if at least 72 hours three short blasts. advance notice is given to the Port of [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as San Francisco. amended by CGD 12–85–02, 50 FR 20758, May (b) The draw of the 3rd Street draw- 20, 1985; USCG–1999–5832, 64 FR 34712, June 29, bridge, mile 0.4 at San Francisco, shall 1999; CGD11–03–006, 69 FR 21958, Apr. 23, 2004; open on signal if at least 72 hours ad- CGD 11–05–025, 70 FR 20467, Apr. 20, 2005] vance notice is given to the San Fran- cisco Department of Public Works. § 117.171 Middle River. (a) The draw of the San Joaquin [USCG–2008–0648, 73 FR 74019, Dec. 5, 2008] County (Bacon Island Road) highway § 117.165 Lindsey Slough. bridge, mile 8.6 between Bacon Island and Lower Jones Tract, shall open on The center drawspan of the Hastings signal from May 15 through September Farms Highway Bridge, mile 2.0 be- 15 from 9 a.m. to 5 p.m. From Sep- tween Egbert and Lower Hastings tember 16 through May 14, the draw Tracts, must be removed for the pas- shall open on signal from 9 a.m. to 5 sage of vessels if at least 72 hours no- p.m. from Thursday through Monday. tice is given to the Hastings Island At all other times, the draw shall open Land Company office at Rio Vista. on signal if at least 12 hours notice is [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] given to the San Joaquin County De- partment of Public Works at Stockton. § 117.167 Little Potato Slough. (b) The draw of the Burlington Northern Santa Fe railroad bridge, The draw of the California Depart- mile 9.8 near Middle River Station, ment of Transportation highway shall open on signal if at least 12 hours bridge, mile 0.1, at Terminus, shall notice is given to the Burlington open on signal if at least 4 hours notice Northern Santa Fe Railway Manager of is given to the drawtender at the Rio Structures at San Bernadino. Vista bridge across the Sacramento (c) The California Route 4 Bridge, River, mile 12.8. mile 15.1, between Victoria Island and [CGD11–95–02, 61 FR 17248, Apr. 19, 1996] Drexler Tract need not open for the passage of vessels. § 117.169 Mare Island Strait and the Napa River. [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as amended by CGD 12– (a) The draw of the Mare Island 85–01, 50 FR 26559, June 27, 1985; USCG–2000– Drawbridge, mile 2.8, at Vallejo shall 7223, 65 FR 40056, June 29, 2000] open on signal between the hours of 9 a.m. and 7 p.m. daily, and upon two § 117.173 Miner Slough. hours advance notice all other times. The draw of the California Depart- When the drawbridge operator is ment of Transportation highway present, mariners may contact the bridge, mile 5.5 between the northerly drawbridge via marine radio or tele- end of Ryer Island and Holland Tract, phone at (707) 648–4313 for drawspan op- shall open on signal if at least 12 hours eration. When the drawbridge operator notice is given to the drawtender at is not present, mariners may contact the Rio Vista bridge across the Sac- the City of Vallejo via the same tele- ramento River, mile 12.8.

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§ 117.175 Mokelumne River. § 117.177 Mud Slough. (a) The draw of the California De- The draw of the Union Pacific rail- partment of Transportation highway road bridge, mile 0.7 near Alviso, shall bridge, the Mokelumne River Bridge, open on signal if at least 24 hours no- mile 3.0, at East Isleton shall open tice is given. upon signal as follows: (1) From November 1 through April 30 § 117.179 Newark Slough. from 9 a.m. to 5 p.m. The draw of the San Mateo County (2) From May 1 through October 31 Transportation Department railroad from 6 a.m. to 10 p.m., except that dur- bridge, mile 0.5 near Newark, shall ing the following periods the draw need open on signal if at least 24 hours no- only open for recreational vessels on tice is given to the San Mateo Trans- the hour, 20 minutes past the hour, and portation Department, at San Carlos. 40 minutes past the hour: [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by USCG–1998–3799, 63 FR 35527, Saturdays 10 a.m. until 2 p.m. June 30, 1998] Sundays 11 a.m. until 6 p.m. Memorial Day; 4th of July; and Labor Day 11 § 117.181 Oakland Inner Harbor Tidal a.m. until 6 p.m. Canal. (3) At all other times the draw shall The draws of the Alameda County open on signal if at least 4 hours notice highway drawbridges at Park Street, is given to the drawtender at Rio Vista mile 5.2; Fruitvale Avenue, mile 5.6; bridge over the Sacramento River, mile and High Street, mile 6.0; and the U.S. 12.8. Army Corps of Engineers railroad (4) Emergency vessels of the United drawbridge, mile 5.6 at Fruitvale Ave- States, state or commercial vessels en- nue, shall open on signal; except that, gaged in rescue or emergency salvage from 8 a.m. to 9 a.m. and 4:30 p.m. to operations, and vessels in distress shall 6:30 p.m. Monday through Friday ex- be passed as soon as possible but no cept Federal holidays, the draws need later than one hour after notice is not be opened for the passage of ves- given. sels. However, the draws shall open during the above closed periods for ves- (b) The draw of the Sacramento and sels which must, for reasons of safety, San Joaquin Counties (Millers Ferry) move on a tide or slack water, if at highway bridge, mile 12.1 over the least two hours notice is given. North Fork of the Mokelumne River near Walnut Grove, shall open on sig- [CGD 11–11–99–013, 66 FR 18725, Apr. 11, 2001, nal from May 1 through October 31 as amended by USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] from 9 a.m. to 5 p.m. At all other times, the draw shall open on signal if § 117.183 Old River. at least 12 hours notice is given to the San Joaquin County Department of The draw of the California Depart- Public Works at Stockton. ment of Transportation (Route 4) highway bridge, mile 14.8 between Victoria (c) The removable span of the San Island and Byron Tract, shall open on Joaquin County highway bridge over signal from May 1 through October 31 the South Fork of the Mokelumne from 6 a.m. to 10 p.m. and from Novem- River, mile 18.0 at New Hope Landing, ber 1 through April 30 from 9 a.m. to 5 shall be removed as soon as possible p.m. At all other times, the draw shall upon notification by the District Com- open on signal if at least four hours no- mander that an emergency exists tice is given to the drawtender at the which requires the removal. Rio Vista bridge across the Sac- (d) The draws of the bridges above ramento River, mile 12.8. New Hope Landing need not be opened for the passage of vessels. § 117.185 Pacheco Creek. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as The draw of the Contra Costa County amended by CGD 11–92–10, 58 FR 33339, June highway bridge, mile 1.0, and Union Pa- 17, 1993] cific Railroad bridge, mile 1.1, both

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near Martinez, shall open on signal if § 117.191 San Joaquin River. at least 24 hours notice is given. (a) The draw of the Port of Stockton [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as railroad bridge, mile 39.7 at Stockton, amended by CGD 12–85–02, 50 FR 20758, May shall open on signal if at least 12 hours 20, 1985] notice is given to the Port Director. (b) The draws of the U.S. Navy Draw- § 117.187 Petaluma River. bridge, mile 39.8, Burlington Northern (a) The draws of the Northwestern Santa Fe railroad bridge, mile 40.6, and Pacific railroad bridges, mile 0.8 at California Highway 4 bridge (Garwood Blackpoint and mile 12.4 at Haystack Bridge), mile 41.6, need not be opened Landing, shall be maintained in the for the passage of vessels. The owners fully open position, except for the or agencies controlling the bridges crossing of trains or for maintenance. shall restore the draws to full oper- When the draw is closed and visibility ation within six months of notification from the drawtender’s station is less to take such action from the District than one mile up or down the channel, Commander. the drawtender shall sound two long (c) Drawbridges above the Old River blasts every minute. When the draw is junction need not open for the passage reopened, the drawtender shall sound of vessels. three short blasts. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (b) The draw of the Petaluma high- amended by CGD 12–85–06, 50 FR 31177, Aug. 1, way bridge at ‘‘D’’ Street, mile 13.7 at 1985; CGD 88–052, 53 FR 25120, July 1, 1988; Petaluma, shall open on signal if at USCG–1999–5832, 64 FR 34712, June 29, 1999] least four hours notice is given for openings from 6 a.m. to 6 p.m., and if at § 117.193 San Leandro Bay. least 24 hours notice is given for open- The drawspans of the California De- ings from 6 p.m. to 6 a.m. partment of Transportation Highway and Bicycle drawbridges, mile 0.0 and [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as mile 0.1, between Alameda and Bay amended by CGD 11–88–10, 53 FR 51099, Dec. 20, 1988; USCG–2001–10881, 71 FR 70309, Dec. 4, Farm Island, must open on signal; ex- 2006] cept that, from 5 a.m. to 8 a.m. and 5 p.m. to 9 p.m., the drawspans must § 117.189 Sacramento River. open on signal if at least 12 hours notice is given. Notice must be given to (a) The draws of each bridge from the drawtender of the Bay Farm Island Isleton to American River junction drawbridges from 8 a.m. to 5 p.m. and shall open on signal from May 1 to the drawtender of the Park Street through October 31 from 6 a.m. to 10 Drawbridge at Alameda at all other p.m. and from November 1 through times. The drawspans need not be April 30 from 9 a.m. to 5 p.m. At all opened for the passage of vessels from other times, the draws shall open on 9 p.m. to 5 a.m. signal if at least four hours notice is given to the drawtender at the Rio [USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] Vista bridge across the Sacramento River, mile 12.8. § 117.195 Snodgrass Slough. (b) The draws of the California De- The draw of the Sacramento County partment of Transportation bridges, bridge, mile 4.4 at Walnut Grove, shall mile 90.1 at Knights Landing, and mile open on signal if at least 72 hours no- 135.5 at Meridian, shall open on signal tice is given to Sacramento County if at least 12 hours notice is given to Transportation Operations and Mainte- the California Department of Transpor- nance office at Sacramento. tation at Marysville. [CGD11–93–02, 59 FR 13248, Mar. 21, 1994, as (c) The draws of the bridges above amended by USCG–2001–10881, 71 FR 70309, Meridian need not be opened for the Dec. 4, 2006] passage of vessels. § 117.197 Sonoma Creek. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12–86–01, 51 FR 20483, June The draw of the Northwestern Pacific 5, 1986] railroad bridge, mile 5.4 at Wingo, shall

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open on signal if at least 24 hours no- from the time the opening was re- tice is given. quested. (c) The draw of the Route 82 Bridge, § 117.199 Steamboat Slough. mile 16.8, at East Haddam, shall open The draw of the California Depart- on signal except that, from 15 May to ment of Transportation highway 31 October, between 9 a.m. and 9 p.m., bridge, mile 11.2 at the head of Grand the draw need open for recreational Island, shall open on signal from May 1 vessels on the hour and half-hour only. through October 31 from 6 a.m. to 10 The draw shall open on signal for com- p.m. At all other times, the draw shall mercial vessels at all times. open on signal if at least four hours notice is given to the drawtender at the [CGD01–95–009, 63 FR 10140, Mar. 2, 1998] Rio Vista bridge across the Sac- ramento River, mile 12.8. § 117.207 Housatonic River. (a) The draw of the US 1 Bridge, mile § 117.201 Sutter Slough. 3.5, at Stratford, shall open on signal; The draw of the Sacramento County except that, from 7 a.m. to 9 a.m., Mon- highway bridge, mile 6.4 near day through Friday, and 4 p.m. to 5:45 Courtland, need not be opened for the p.m. daily, the draw need not open for passage of vessels. However, the draw the passage of vessels. From December shall be returned to operable condition 1 through March 31, from 8 p.m. to 4 within six months after notification by a.m., the draw shall open on signal if at the District Commander to do so. least six-hours notice is given by calling the number posted at the bridge. CONNECTICUT (b) The draw of the Metro-North § 117.202 Cold Spring Brook. (Devon) bridge, mile 3.9 at Stratford, The draw of the footbridge, mile 0.1 shall operate as follows: at Saybrook, shall open within 15 min- (1) The draw shall open on signal; ex- utes of a mariner’s request by tele- cept as follows: phone. To enable mariners to request (i) From 7 a.m. to 9 a.m. and from 4 bridge openings, the owner shall main- p.m. to 5:45 p.m. Monday through Fri- tain and monitor a telephone at the day except Federal holidays or an bridge and provide a means for mari- emergency, the draw need not be ners to secure their boats upstream opened for the passage of vessels. and downstream of the bridge in order (ii) From 5:30 a.m. to 7 a.m. and from to use this telephone. 5:45 p.m. to 8:15 p.m. except Saturdays, [CGD3 86–33, 52 FR 5536, Feb. 25, 1987] Sundays, and Federal holidays, the draw need not be opened more than § 117.205 Connecticut River. once in any 60 minute period. (a) The owners of the AMTRAK Old (iii) From 9 p.m. to 5 a.m., the draw Saybrook-Old Lyme Bridge, mile 3.4 shall open on signal if notice is given the Route 82 Bridge, mile 16.8, and the to the chief dispatcher of the railroad CONRAIL Middletown-Portland Bridge, before 4 p.m. on the day of the intended mile 32.0, shall provide, and keep in passage. good legible condition, clearance (2) A delay in opening the draw shall gauges with figures not less than not exceed 20 minutes for the passage twelve (12) inches which designed, in- of approaching trains from the time of stalled and maintained according to the request. the provisions of § 118.160 of this chapter. [CGD 82–025, 49 FR 43458, Oct. 29, 1984, as (b) The draws of the AMTRAK Old amended by CGD3 85–42, 50 FR 26711, June 28, Saybrook-Old Lyme Bridge, mile 3.4, 1985; CGD01–99–085, 64 FR 60673, Nov. 8, 1999] and the CONRAIL Middletown-Port- § 117.209 Mianus River. land Bridge, mile 32.0, shall be opened as soon as practicable for all non-com- The draw of the Metro-North bridge, mercial vessels that cannot pass under mile 1.0 at Greenwich, shall operate as the closed draws, but in no case shall follows: the delay be more than 20 minutes (a) From 5 a.m. to 9 p.m.—

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(1) The draw shall open on signal im- tice is given by calling the number mediately for the passage of commer- posted at the bridge. cial vessels and as soon as practicable [CGD 82–025, 49 FR 43458, Oct. 29, 1984, as but no later than 20 minutes after the amended by CGD3 84–31, 50 FR 26710, June 28, signal to open for the passage of all 1985; CGD01–99–079, 64 FR 60675, Nov. 8, 1999; other vessels. CGD01–03–115, 69 FR 31008, June 2, 2004] (2) When a train scheduled to cross the bridge without stopping has passed § 117.213 New Haven Harbor, the Greenwich or Riverside stations Quinnipiac and Mill Rivers. and is in motion toward the bridge, the The draws of the Tomlinson bridge, draw shall open as soon as the train mile 0.0, the Ferry Street bridge, mile has crossed the bridge. 0.7, and the Grand Avenue bridge, mile (b) The draw shall open on signal 1.3, across Quinnipiac River, and the from April 1 through October 31, from 9 Chapel Street bridge, mile 0.4 across p.m. to 5 a.m., after at least a four- Mill River, shall operate as follows: hour advance notice is given and from (a) The draws shall open on signal; November 1 through March 30, from 9 except as follows: p.m. to 5 a.m., after at least a twenty- (1) From 7:30 a.m. to 8:30 a.m., noon four-hour advance notice is given by to 12:15 p.m., 12:45 p.m. to 1 p.m., and calling the number posted at the 4:45 p.m. to 5:45 p.m., the draws need bridge. not be opened. (2) From 9 p.m. to 5 a.m. from Octo- [CGD 82–025, 49 FR 43458, Oct. 29, 1984, as ber 1 through April 30, the draw of the amended by GCD01–00–228, 69 FR 32447, June 10, 2004; CGD01–00–228, 70 FR 75939, Dec. 22, Ferry Street bridge, Quinnipiac River, 2005] shall open on signal, unless the drawtender is at the Grand Avenue or § 117.211 Mystic River. Chapel Street bridges. In this event, a delay of up to one hour may be ex- (a) The draw of the Amtrak railroad pected. bridge, mile 2.4 at Mystic, shall operate (3) From 11 p.m. to 7 a.m., the draw of as follows: the Grand Avenue bridge, Quinnipiac (1) From April 1 to October 31, the River, shall open on signal if at least draw shall open on signal. one hour notice is given to the (2) From November 1 to March 31, the drawtender at the Ferry Street bridge. draw shall open on signal from 5 a.m. In the event that the drawtender is at to 9 p.m. From 9 p.m. to 5 a.m., the the Chapel Street bridge, a delay of up draw shall open on signal if at least to an additional hour may be expected. eight hours notice is given. (4) From 9 p.m. to 5 a.m., the draw of (3) Commercial vessels shall be the Chapel Street bridge, Mill River, passed immediately at any time; how- shall open on signal if at least one hour ever, the opening may be delayed up to notice is given to the drawtender at eight minutes to allow trains, which Ferry Street bridge. In the event that have entered the drawbridge block and the drawtender is at the Grand Avenue are scheduled to cross the bridge with- bridge, a delay of up to an additional out stopping, to clear the block. hour may be expected. (4) All other vessels shall be passed as (b) Public vessels of the United soon as practicable but no later than 20 States, state or local vessels used for minutes after the signal to open is public safety, commercial vessels and given. vessels in distress, shall notify the op- (b) The draw of the U.S. 1 Bridge, erator of the Tomlinson and the Ferry mile 2.8, at Mystic, shall open on signal Street bridges and shall be passed except: through each of the bridges listed in (1) From May 1 through October 31, this section as soon as possible at any- from 7:40 a.m. to 6:40 p.m., the draw time. need only open hourly at twenty min- (c) The sound signals for requesting utes before the hour. the opening of each bridge are as fol- (2) From November 1 through April lows: 30, from 8 p.m. to 4 a.m., the draw shall (1) The Tomlinson bridge, two short open on signal if at least six-hours no- blasts of a whistle or horn.

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(2) The Ferry Street bridge, one short in opening the draw may occur until blast of a whistle or horn. the train has cleared the block. (3) The Grand Avenue bridge, one (b) The draw of the S156 Bridge, mile prolonged blast of a whistle or horn. 0.1, at Niantic, shall open on signal; ex- (4) The Chapel Street bridge, three cept that, from 7 a.m. to 8 a.m., and 4 short blasts of a whistle or horn. p.m. to 5 p.m., Monday through Friday, (d) The drawtender shall acknowl- except holidays, the draw shall open edge sound signals in the following only for the passage of commercial ves- manner: sels. From December 1 through March (1) When the draw can be opened im- 31, from 8 p.m. to 4 a.m., the draw shall mediately, the same signal as the reopen on signal if at least six hours no- questing signal. tice is given by calling the number (2) When the draw cannot be opened posted at the bridge. immediately, or is open and must close, the drawtender shall sound four [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR short blasts of a whistle or horn, to be 37381, Sept. 24, 1984; CGD01–99–087, 64 FR 61519, Nov. 12, 1999] repeated until acknowledged by the vessel by the same signal. § 117.217 Norwalk River. (3) When the draw can be reopened, the drawtender shall sound the opening (a) The draw of the Washington signal and open the draw if any vessels Street S136 Bridge, mile 0.0, at Nor- are waiting to pass. walk, shall operate as follows: (e) The following visual signal may (1) The draw shall open on signal; ex- be used in addition to sound signals for cept that, from 7 a.m. to 8:45 a.m., 11:45 requesting the opening of each bridge a.m. to 1:15 p.m., and 4 p.m. to 6 p.m., when sound signals may not be heard. Monday through Friday, except holi- A white flag by day or a white light by days, the draw need not be opened for night shall be swung in full circle at the passage of vessels that draw less arm’s length in full sight of the bridge than 14 feet of water. and facing the draw. (2) The draw need not open for the (f) The drawtender shall acknowledge passage of vessel traffic, from 10 a.m. visual signals in the following manner: to 12 p.m., on the first Saturday in De- (1) When the draw can be opened im- cember, to facilitate the running of the mediately, a white flag by day or a annual Norwalk River Fun Run. Should green light by night swung up and inclement weather force the postpone- down vertically a number of times in ment of the race the above bridge clo- full sight of the vessel. sure shall be implemented the next (2) When the draw cannot be opened day, the first Sunday after the first immediately, or is open and must Saturday in December, from 10 a.m. to close, a red flag by day or a red light 12 p.m. by night, swung back and forth hori- (3) The bridge opening signal is three zontally in full sight of the vessel, to short blasts. Vessels drawing 14 feet of be repeated until acknowledged by the water or more shall add one prolonged vessel by the same signal. blast after the three short blasts. [CGD 82–025, 49 FR 43459, Oct. 29, 1984, as (b) The draw of the Metro-North amended by CGD3 85–42, 50 FR 26711, June 28, ‘‘WALK’’ bridge, mile 0.1 at Norwalk, 1985] shall open on signal as follows: (1) From 5 a.m. to 9 p.m., except that, § 117.215 Niantic River. from Monday through Friday excluding (a) The draw of the Amtrak bridge, holidays, the draw need not be opened mile 0.0 at Niantic, shall open on sig- from 7 a.m. to 8:45 a.m. and 4 p.m. to 6 nal; except that, from April 1 through p.m., unless an emergency exists. October 31 from 8 p.m. to 4 a.m. and (2) Only once in any 60-minute period from November 1 through March 31 from 5:45 a.m. to 7 a.m. and 6 p.m. to from 6 p.m. to 6 a.m., the draw shall 7:45 p.m. open on signal if at least one hour no- (3) From 9 p.m. to 5 a.m., if at least tice is given. When a train scheduled to four hours notice is given. cross the bridge without stopping has (4) A delay of up to 20 minutes may entered the drawbridge block, a delay be expected if a train is approaching so

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closely that it may not be safely (b) The draw of the Metro-North stopped. ‘‘SAGA’’ Bridge, mile 1.1 at Saugatuck shall operate as follows: [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85–42, 50 FR 26711, June 28, (1) Year-round need not open: 1985; CGD01–07–019, 72 FR 51180, Sept. 6, 2007] (i) Weekdays from 7 a.m. to 8:10 a.m. and 5:30 p.m. to 7 p.m. except on Fed- § 117.219 Pequonnock River. eral holidays; (a) The draw of the Stratford Avenue (ii) From 9 p.m. to 5 a.m. (2) From October 1–May 31, open on Bridge at mile 0.1, at Bridgeport, shall signal: open on signal; except that, from 6:45 (i) Weekdays from 8:10 a.m.–4 p.m.; a.m. to 7:15 a.m., 7:45 a.m. to 8:15 a.m., (ii) Weekends and Federal holidays 7 11:45 a.m. to 1:15 p.m., and 4:30 p.m. to a.m.–4 p.m.; 6:10 p.m., the draw need not open for (iii) If at least eight hours notice is the passage of vessel traffic. From De- given: daily, from 5 a.m.–7 a.m., 4 p.m.– cember 1 through March 31, from 8 p.m. 5:30 p.m. and 7 p.m.–9 p.m., and week- to 4 a.m., the draw shall open on signal ends and Federal holidays from 5:30 if at least a six-hour notice is given by p.m.–7 p.m. calling the number posted at the (3) From June 1–September 30, open bridge. on signal 5 a.m.–9 p.m., except as pro- (b) The draw of the Metro-North vided in paragraph (b)(1)(i) of this sec- Peck Bridge at mile 0.3, at Bridgeport, tion. shall open on signal or after three (4) A delay in opening the draw not blasts as follows: to exceed 10 minutes may occur when a (1) From 5:45 a.m. to 9 p.m. except: train scheduled to cross the bridge (i) From Monday through Friday, ex- without stopping has entered the draw- cluding holidays or emergencies, the bridge block. draw need not be opened from 6:45 a.m. (c) The draw of the Route 136 Bridge, to 7:15 a.m., 7:45 a.m. to 8:15 a.m., and mile 1.3 at Saugatuck shall operate as 4:30 p.m. to 6:10 p.m. follows: (ii) From Monday through Friday, (1) Year-round, need not open week- excluding holidays or emergencies, the days, except Federal holidays, from 7 draw need not be opened more than a.m. to 8:30 a.m. and 5:30 p.m. to 7:30 once during the periods from 5:45 a.m. p.m. to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 (2) From April 15–October 31, open on a.m. to 9 a.m., and 6:10 p.m. to 8:15 p.m. signal if at least two hours notice is (2) From 9 p.m. to 5:45 a.m., the draw given, except as provided in paragraph shall open on signal if at least an (c)(1) of this section. eight-hour notice is given by calling (3) From November 1–April 14, open the number posted at the bridge. on signal: (3) The draw need not open on signal (i) From 8:30 a.m. to 3 p.m. if at least if a train is approaching so closely that eight hours notice is given; it may not be safely stopped; however, (ii) From 3 p.m. to 8:30 a.m., if at any delay in opening the draw shall not least 24 hours notice is given, except as exceed seven minutes from the time provided in paragraph (c)(1) of this sec- the request to open is received. tion. (c) The draw of the East Washington Street Bridge at mile 0.6, shall open on [CGD 82–087, 50 FR 13319, Apr. 4, 1985, as signal or after one prolonged blast fol- amended by USCG–2001–10881, 71 FR 70309, Dec. 4, 2006] lowed by two short blasts, if at least a twenty four hour notice is given by § 117.223 Shaw Cove. calling the number posted at the The draw of the Amtrak bridge, mile bridge. 0.0 at New London, shall open on signal [ USCG–2010–0787, 75 FR 55477, Sept. 13, 2010] from December 1 through March 31 from 8 a.m. to 5 p.m. Monday through § 117.221 Saugatuck River. Friday. From December 1 through (a) Public vessels of the United March 31 from 5 p.m. to 8 a.m. and on States must be passed through as soon Saturdays and Sundays, the draw shall as possible. open on signal if at least eight hours

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notice is given. From April 1 through § 117.233 Broad Creek. November 30 from 5 a.m. to 10 p.m., the (a) The draw of the Conrail Bridge, draw shall open on signal; and, from 10 mile 8.0 at Laurel, shall open on signal p.m. to 5 a.m., the draw shall open on if at least four hours notice is given. signal if at least one hour notice is (b) The draws of the Poplar Street given. A delay of up to 10 minutes may Bridge, mile 8.2, and the U.S. 13A be expected if a train is approaching so Bridge, mile 8.2, all at Laurel, shall closely that it may not be safety open on signal if at least 48 hours no- stopped. When a vessel is in an emer- tice is given. gency that may endanger life or property, the draw shall open as soon as [CGD05–06–044, 71 FR 53325, Sept. 11, 2006] possible. § 117.234 Cedar Creek. [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR The SR 36 Bridge, mile 0.5 in Cedar 43459, Oct. 29, 1984] Beach, shall open on signal. From April § 117.224 Thames River. 1 through November 30 from 2 a.m. to 4 a.m.; and from December 1 through The draw of the Amtrak bridge, mile March 31 from 6:30 p.m. to 6 a.m., the 3.0 in New London, shall open— draw shall open on signal if at least (a) Immediately on signal for public four hours notice is given. vessels of the United States and commercial vessels; except, when a train [CGD05–06–044, 71 FR 53325, Sept. 11, 2006] scheduled to cross the drawbridge, § 117.235 Chesapeake and Delaware without stopping, has passed the Mid- Canal. way, Groton, or New London stations and is in motion toward the draw- The draw of the Conrail bridge, mile bridge, the drawspan must not be 7.7, shall open on signal. The following opened for the passage of any vessel light signals, located in the center of until the train has crossed the draw- the drawspan on both sides of the bridge; and bridge, shall be used: (a) When the draw is to be opened im- (b) As soon as practicable for all mediately, one fixed amber light. other vessels but no later than 20 min- (b) When the draw is not ready to be utes after the signal to open is given. opened, one flashing red light. [CGD 82–025, 49 FR 43459, Oct. 29, 1984, as amended by USCG–2001–10881, 71 FR 70309, § 117.237 Christina River. Dec. 4, 2006] (a) The owners of the bridges on this waterway: § 117.225 Yellow Mill Channel. (1) Shall provide and keep in good The drawspan of the Stratford Ave- legible condition two board gages nue Bridge, mile 0.3 at Bridgeport, painted white with black figures not must open on signal if at least 24-hours less than six inches high to indicate notice is given. Public vessels of the the vertical clearance under the closed United States must pass through as draw at all stages of the tide. The soon as possible. gages shall be so placed on the bridges that they are plainly visible to the op- [USCG–2001–10881, 71 FR 70310, Dec. 4, 2006] erator of each vessel approaching the bridge either up or downstream. DELAWARE (2) Shall open on signal except that § 117.231 Brandywine Creek. the draw of a railroad bridge need not be opened when a train is in the bridge The draw of the Conrail bridge, mile block, approaching the bridge, or with- 1.1, the Church Street bridge, mile 1.3, in 5 minutes of the passage of a pas- and the Sixteenth Street bridge, mile senger train; but in no event shall the 1.7, all at Wilmington, need not be opening of the draw be delayed more opened for the passage of vessels. than 10 minutes. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (b) The draw of the Norfolk Southern amended by CGD3 85–42, 50 FR 26712, June 28, Railroad Bridge, mile 1.4 at Wil- 1985] mington, shall operate as follows:

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(1) The draw shall remain in the open road Bridge over Christina River at position for navigation. The draw shall mile 1.4 is open for river traffic.’’ Ves- only be closed for train crossings or sels shall stay clear of both channels as periodic maintenance authorized in ac- to not interfere with infrared detec- cordance with subpart A of this part. tors, until green lights are displayed on (2) The bridge shall be operated by the swing span. the controller at the Harrisburg, PA (c) The draw of the Third Street Dispatcher’s Office. The controller Bridge, mile 2.3 and Walnut Street shall monitor vessel traffic with closed bridge, mile 2.8, both at Wilmington circuit cameras and infrared sensors shall open on signal. The draw of the covering the swing radius. Operational Market Street Bridge, mile 3.0 at Wil- information will be provided 24 hours a mington shall open on signal if at least day on marine channel 13 and via tele- eight hours notice in given. From 7 phone (717) 541–2140. a.m. to 8 a.m. and 4:30 p.m. to 5:30 p.m., (3) The bridge shall not be operated Monday through Saturday except holi- from the remote location in the fol- days, the draws of these three bridges lowing events: Failure or obstruction need not be opened for the passage of of the infrared sensors, closed-circuit vessels. Any vessel which has passed cameras or marine-radio communica- through one or more of these bridges tions, or anytime controller’s visibility immediately prior to a closed period is inhibited. In these situations, a and which requires passage through the bridge tender with Norfolk Southern other bridge or bridges in order to con- must be called and on-site within 30 tinue to its destination shall be passed minutes. through the draw or draws of the (4) Before the bridge closes for any bridge or bridges without delay. The reason, the remote operator will mon- draws of these bridges shall open at all itor waterway traffic in the area. The times as soon as possible for passage of bridge shall only be closed if the off- a public vessel of the United States. site remote operator’s visual inspec- (d) The draws of the Norfolk South- tion shows that the channel is clear ern Railroad bridges, at miles 4.1 and and there are no vessels transiting in 4.2, both at Wilmington, shall open on the area. While the bridge is moving, signal from 6 a.m. to 8 p.m. if at least the operator shall maintain constant 24 hours notice is given. From 8 p.m. to surveillance of the navigation channel. 6 a.m., the draws need not be opened (5) Before closing the draw, the chan- for the passage of vessels. nel traffic lights would change from (e) The draw of the SH141 bridge, flashing green to flashing red, the horn mile 7.5 at Wilmington, shall open on will sound five short blasts, and an signal if at least 24 hours notice is audio voice warning stating, ‘‘Atten- given. tion, Attention. Norfolk Southern Railroad Bridge over Christina River at [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84–06, 49 FR 33448, Aug. 23, milepost 1.4 will be closing to river 1984, CGD3 85–42, 50 FR 26712, June 28, 1985; traffic.’’ Five short blasts of the horn CGD 87–035, 52 FR 33812, Sept. 8, 1987; CGD05– will continue until the bridge is seated 04–168, 70 FR 4016, Jan. 28, 2005] and locked down to vessels. The channel traffic lights will continue to flash § 117.239 Lewes and Rehoboth Canal. red. (a) The draw of the Savannah Road/ (6) When the rail traffic has cleared, SR 18 Bridge, at mile 1.7, in Lewes the horn will sound one prolonged blast shall open on signal if at least four followed by one short blast to indicate hours notice is given. the draw is opening to vessel traffic. (b) The draw of the SR 14A Bridge, at During the opening swing movement, mile 6.7, in Rehoboth shall open on sig- the channel traffic lights would flash nal if at least 24 hours notice is given. red until the bridge returns to the fully open position. In the full open position [CGD05–06–089, 72 FR 5619, Feb. 7, 2007] to vessels, the bridge channel lights will flash green followed by an an- § 117.241 Mispillion River. nouncement stating, ‘‘Security, secu- The draw of the Route 1/Rehoboth rity, security. Norfolk Southern Rail- Blvd. Bridge, at mile 11.0, at Milford

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shall open on signal if at least 24 hours (i) At all times for public vessels of notice is given. the United States, state and local government vessels, commercial vessels [CGD05–06–089, 72 FR 5619, Feb. 7, 2007, as amended by USCG–2011–0257, 76 FR 31837, and any vessels in an emergency in- June 2, 2011] volving danger to life or property. (ii) Between 9 a.m. and 12 p.m. and § 117.243 Nanticoke River. between 1 p.m. and 6 p.m. from May 15 (a) The draw of the Norfolk Southern through September 30. Railway Bridge, mile 39.4 in Seaford, (iii) Between 6 p.m. and 7 p.m. from will operate as follows: May 15 through September 30 if notice (1) From March 15 through November is given to the controller at the 15, the draw will open on signal for all Benning Yard office not later than 6 vessels except that from 11 p.m. to 5 p.m. on the day for which the opening is requested. a.m. at least 21⁄2 hours notice will be required. (iv) At all other times, if at least 48 (2) At all times, from November 16 hours of notice is given to the con- through March 14, the draw will open troller at the Benning Yard Office. (2) The CSX Railroad Bridge shall not on signal if at least 21⁄2 hours notice is given. be operated by the controller at the Benning Yard office in the event of (3) When notice is required, the failure or obstruction of the motion owner operator of the vessel must pro- sensors, laser scanners, video cameras vide the train dispatcher with an esti- or marine-radio communications, In mated time of passage by calling (717) these situations, a bridge tender must 215–0379 or (609) 412–4338. be called to operate the bridge on-site. (b) The draw of the SR 13 Bridge, (3) Except as provided in § 117.31(b), mile 39.6 in Seaford, shall open on sig- opening of the draw shall not exceed nal, except from 6 p.m. to 8 a.m., from ten minutes after clearance of rail traf- April 1 through October 31; from No- fic. vember 1 through March 31, Monday to (4) A horn will sound one prolonged Friday, and on Saturday and Sunday blast followed by one short blast to in- from 3:30 p.m. to 7:30 a.m., if at least dicate that the CSX Railroad Bridge is four hours notice is given. moving to the full open position for [CGD05–06–044, 71 FR 53325, Sept. 11, 2006] vessel traffic. During open span movement, the channel traffic lights will § 117.245 Smyrna River. flash red until the bridge is in the full The draw of the Delaware highway open position to vessels. In the full bridge, mile 4.0 at Flemings Landing, open position to vessels, the bridge shall open on signal if at least 24 hours channel traffic lights will flash green. notice is given. (5) A horn will sound five short blasts, the channel traffic lights will DISTRICT OF COLUMBIA flash red, and an audio voice-warning device will announce bridge movement § 117.253 Anacostia River. during closing span movement. Five (a) The draw of the Frederick Doug- short blasts of the horn will continue lass Memorial (South Capitol Street) until the bridge is seated in and locked bridge, mile 1.2, shall open on signal if down. When the bridge is seated and in at least 24 hours notice is given. The locked down position to vessels, the draw is closed to the passage of vessels channel traffic lights will continue to on each Presidential Inauguration Day flash red. and may occasionally be closed with- (6) The owners of the bridge shall out advance notice to permit uninter- provide and keep in good legible condi- rupted transit of dignitaries across the tion two board gauges painted white bridge. with black figures not less than six (b) The CSX Railroad Bridge, mile inches high to indicate the vertical 3.4. clearance under the closed draw at all (1) The draw of the bridge to be oper- stages of the tide. The gauges shall be ated by the controller at the Benning placed on the bridge so that they are Yard office shall open on signal: plainly visible to the operator of any

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vessel approaching the bridge from ei- that passage at least 12 hours in ad- ther upstream or downstream. vance at (703) 836–2396; and [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR (ii) the owner or operator of the ves- 37381, Sept. 24, 1984, as amended by CGD5–88– sel notifies the bridge tender at least 4 004, 53 FR 9627, Mar. 23, 1988; CGD05–95–081, 61 hours in advance of the requested time FR 57586, Nov. 7, 1996; CGD05–04–028, 69 FR for that passage. 47773, Aug. 6, 2004; USCG–2011–0591, 77 FR (6) A recreational vessel may pass 14970, Mar. 14, 2012] through the drawspan at any time it is open for the passage of a commercial § 117.255 Potomac River. vessel. (a) The draw of the Woodrow Wilson (b) The draws of all other bridges Memorial (I–95) bridge, mile 103.8, be- need not be opened for the passage of tween Alexandria, Virginia, and Oxon vessels. Hill, Maryland— (c) This section is also issued under (1) Shall open on signal at any time the authority of Pub. L. 102–587, 106 only for a vessel in distress, notwith- Stat. 5039. standing the provisions of § 117.31. (2) Shall open for the passage of a [CGD 90–064, 57 FR 54178, Nov. 17, 1992; as commercial vessel at any time except: amended byCGD05–06–083, 71 FR 51480, Aug. 30, 2006; USCG–2001–10881, 71 FR 70310, Dec. 4, (i) From Monday through Friday (ex- 2006; 72 FR 50876, Sept. 5, 2007; USCG–2008– cept Federal holidays), 5 a.m. to 8 p.m. 1216, 74 FR 31182, June 30, 2009] (ii) Saturday, Sunday, and Federal holidays, 2 p.m. to 7 p.m. FLORIDA (3) Need not open for the passage of a commercial vessel under paragraph § 117.258 Apalachicola River. (a)(2) of this section unless— The draw of the CSX Railroad bridge, (i) The owner or operator of the ves- mile 105.9, at River Junction shall open sel provides the bridge tender with an on signal Monday through Friday from estimate of the approximate time of 8 a.m. until 4 p.m. At all other times that passage at least 12 hours in ad- the bridge will open on signal if at vance at (703) 836–2396; and least 4 hours notice is given. (ii) the owner or operator of the vessel notifies the bridge tender at least 4 [CGD08–03–007, 68 FR 43306, July 22, 2003] hours in advance of the requested time for that passage. § 117.261 Atlantic Intracoastal Water- (4) Shall open for the passage of a way from St. Marys River to Key Largo. recreational vessel at any time except: (i) Monday through Friday (except (a) General. Public vessels of the Federal holidays), 5 a.m. to 12 mid- United States and tugs with tows must night; be passed through the drawspan of each (ii) Saturday, Sunday, and Federal drawbridge listed in this section at holidays, 7 a.m. to 12 midnight, except anytime. as provided in paragraph (a)(4)(iii) of (b) McCormick Bridge, mile 747.5 at this section; Jacksonville Beach. The draw shall open (iii) Notwithstanding paragraph on signal; except that during April, (a)(4)(ii) of this section, the bridge may May, October and November from 7 open beginning at 10 p.m. on Saturday, a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Sunday, or a Federal holiday for the Monday through Friday except Federal passage of a recreational vessel if the holidays, the draw need open only on owner or operator of the vessel notifies the hour and half hour. During April, the Bridge Tender of the time of that May, October and November from 12 passage by not later than 12 hours be- noon to 6 p.m. Saturdays, Sundays and fore that time. Federal holidays, the draw need open (5) Need not open for the passage of a only on the hour and half hour. recreational vessel under paragraph (c) [Reserved] (a)(4) of this section unless— (d) Bridge of Lions (SR A1A) bridge, (i) The owner or operator of the ves- mile 777.9 at St. Augustine. The draw sel provides the bridge tender with an shall open on signal; except that, from estimate of the approximate time of 7 a.m. to 6 p.m. the draw need open

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only on the hour and half-hour; how- (m)–(n) [Reserved] ever, the draw need not open at 8 a.m., (o) Jensen Beach (SR 707a) bridge, mile 12 noon, and 5 p.m. Monday through 981.4 at Stuart. The draw shall open on Friday except Federal holidays. From 7 signal; except that from December 1 a.m. to 6 p.m. on Saturdays, Sundays through May 1, from 7 a.m. to 6 p.m., and Federal holidays the draw need Monday through Friday, except federal only open on the hour and half-hour. holidays, the draw need open only on (e)–(f) [Reserved] the hour and half-hour. (g) Memorial bridge, mile 830.6 at Day- (p) [Reserved] tona Beach. The draw shall open on sig- (q) Indiantown Road bridge, mile 1006.2. nal; except that, from 7:45 a.m. to 8:45 The draw shall open on the hour and a.m. and 4:45 p.m. to 5:45 p.m. Monday half-hour. through Saturday except Federal holi- (r) Donald Ross bridge, mile 1009.3, at days, the draw need open only at 8:15 North Palm Beach. The draw shall open a.m. and 5:15 p.m. on the hour and half-hour. (h) Coronado Beach bridge (SR 44), mile (s) PGA Boulevard bridge, mile 1012.6, 845 at New Smyrna Beach. The Coronado at North Palm Beach. The draw shall Beach bridge (SR 44), mile 845, shall open on the hour and half-hour. open on signal, except that from 7 a.m. (t) Parker (US–1) bridge, mile 1013.7, at until 7 p.m., each day of the week, the Riviera Beach. The draw shall open on draw need only open on the hour, twen- the quarter and three-quarter hour. ty minutes past the hour and forty (u) Flagler Memorial (SR A1A) bridge, minutes past the hour. mile 1020.8, at Palm Beach. The draw (i) [Reserved] shall open on the quarter and three- (j) NASA Railroad bridge, mile 876.6 quarter hour. at Kennedy Space Center. (v) Royal Park (SR 704) bridge, mile (1) The draw is not constantly tend- 1022.6, at Palm Beach. The draw shall ed. open on the hour and half-hour. (2) The draw is normally in the fully (w) Southern Boulevard (SR 700/80) open position displaying flashing green bridge, mile 1024.7 at Palm Beach. The lights to indicate that vessels may draw shall open on the quarter and pass. three-quarter hour. (3) When a train approaches the (x) Ocean Avenue bridge, mile 1031.0, at bridge, it stops and the operator initi- Lantana. The draw shall open on the ates a command to lower the bridge. hour and half-hour. The lights go to flashing red and the (y) Ocean Avenue bridge, mile 1035.0, at draw lowers and locks, providing scan- Boynton Beach. The draw shall open on ning equipment reveals nothing under the hour and half-hour. the draw. The draw remains down until (z) [Reserved] a manual raise command is initiated, (z–1) Atlantic Avenue (SR 806) bridge, or will raise automatically 5 minutes mile 1039.6, at Delray Beach. The draw after the intermediate track circuit is shall open on the quarter and three- no longer occupied by a rail car. quarter-hour. (4) After the train has cleared, the (z–2) Linton Boulevard bridge, mile draw opens and the lights return to 1041.1, at Delray Beach. The draw shall flashing green. open on the hour and half-hour. (k) State Road 402, Max Brewer bridge, (z–3) Spanish River bridge, mile 1044.9, mile 878.9 at Titusville. The draw shall at Boca Raton. The draw shall open on open on signal; except that, from 6 a.m. the hour and half-hour. to 7:15 a.m. and 3:15 p.m. to 4:30 p.m., (aa) Palmetto Park bridge, mile 1047.5, Monday through Friday, except federal at Boca Raton. The draw shall open on holidays, the draw need not open. the hour and half-hour. (l) John F. Kennedy Space Center (aa–1) Boca Club, Camino Real bridge, bridge, mile 885 at Addison Point. The mile 1048.2, at Boca Raton. The draw draw shall open on signal; except that, shall open on the hour, twenty minutes from 6:30 a.m. to 8 a.m. and 3:30 p.m. to past the hour and forty minutes past 5 p.m. Monday through Friday, except the hour. Federal holidays, the draw need not (bb) Broward County. (1) Hillsboro open. Boulevard bridge (SR 810), mile 1050.0

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at Deerfield Beach. The draw shall 7 a.m. to 6 p.m. on Monday through open on the hour and half-hour. Friday except Federal holidays, and (2) NE 14th Street bridge, mile 1055.0 from 10 a.m. to 6 p.m. on Saturdays, at Pompano. The draw shall open on Sundays, and Federal holidays, the the quarter-hour and three-quarter draw need open only on the quarter- hour. hour and three-quarter hour. (3) Atlantic Boulevard (SR 814) (mm) Broad Causeway bridge, mile bridge, mile 1056.0 at Pompano. The 1081.4 at Bay Harbor Islands. The draw draw shall open on the hour and half- shall open on signal; except that, from hour. 8 a.m. to 6 p.m., the draw need open (4) Commercial Boulevard (SR 870) only on the quarter-hour and three- bridge, mile 1059.0, at Lauderdale-by- quarter hour. the-Sea. The draw shall open on the (nn) The Venetian Causeway Bridge hour and half-hour. (West), mile 1088.6, shall open on sig- (5) Oakland Park Boulevard bridge, nal, except that from 7 a.m. to 7 p.m., mile 1060.5 at Fort Lauderdale. The Monday through Friday, except Fed- draw shall open on the quarter-hour eral holidays, the bridge need only and three-quarter hour. open on the hour and half-hour. (6) East Sunrise Boulevard (SR 838) (oo) through (pp) [Reserved] bridge, mile 1062.6, at Fort Lauderdale. (qq) Jewfish Creek, mile 1134, Key The draw shall open on the hour and Largo. The draw shall open on signal; half-hour. On the first weekend in May, except that from 10 a.m. to sunset, the draw need not open from 4 p.m. to Thursday through Sunday and federal 6 p.m. on Saturday and Sunday, and, on holidays, the draw need open only on the first Saturday in May, the draw the hour and half hour. need not open from 9:45 p.m. to 10:45 (rr)–(ss) [Reserved] p.m. [CGD7–84–29, 50 FR 51248, Dec. 16, 1985] (7) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw shall open EDITORIAL NOTE: For FEDERAL REGISTER ci- on the quarter-hour and three-quarter tations affecting § 117.261, see the List of CFR Sections Affected, which appears in the hour. On the first weekend in May, the Finding Aids section of the printed volume draw need not open from 4 p.m. to 6 and at www.fdsys.gov. p.m. on Saturday and Sunday, and, on the first Saturday in May, the draw § 117.263 Banana River. need not open from 9:45 p.m. to 10:45 (a) The draw of the Mathers (SR A–1– p.m. A) Bridge, mile 0.5 at Indian Harbor (8) SE 17th Street (Brooks Memorial) Beach, shall open on signal; except bridge, mile 1065.9 at Fort Lauderdale. that, from 10 p.m. to 6 a.m. Monday The draw shall open on the hour and through Friday except Federal holi- half-hour. days, the draw shall open on signal if (9) Dania Beach Boulevard bridge, at least two hours notice is given. mile 1069.4 at Dania Beach. The draw (b) The draw of the NASA Causeway shall open on the hour and half-hour. bridge, mile 27.6 at Cape Canaveral, (10) Sheridan Street bridge, mile shall open on signal if at least four 1070.5, at Fort Lauderdale. The draw hours notice is given to the NASA Se- shall open on the quarter-hour and curity Office by telephone or in person. three-quarter hour. (11) Hollywood Beach Boulevard (SR [CGD 82–025, 49 FR 26721, June 29, 1984] 820) bridge, mile 1072.2 at Hollywood. The draw shall open on the hour and § 117.267 Big Carlos Pass. half-hour. The draw of the SR865 bridge, mile (12) Hallandale Beach Boulevard (SR 0.0 between Estero Island and Black Is- 824) bridge, mile 1074.0 at Hallandale. land, shall open on signal; except that, The draw shall open on the quarter- the draw need not be opened from 7 hour and three-quarter hour. p.m. to 8 a.m. (cc)–(kk) [Reserved] (ll) N.E. 163rd Street (SR826) bridge, § 117.268 Billy’s Creek. mile 1078.0 at Sunny Isles. The draw The draw of the State Road 80 bridge shall open on signal; except that, from at Fort Myers need not be opened for

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the passage of vessels; however, the nal if at least 3 hours notice is given to draw shall be restored to operable con- the drawtender. The drawspan must dition within 6 months after notifica- open as soon as possible for the passage tion by the District Commander to do of public vessels of the United States so. and tugs with tows. (b) The drawspan of the SR401 Draw- [CGD 07–98–009, 63 FR 67402, Dec. 7, 1998] bridge, mile 5.5 at Port Canaveral, § 117.269 Biscayne Bay. must open on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15 The Venetian Causeway Bridge (East) p.m. Monday through Friday except shall open on signal, except that from Federal holidays, the drawspan need 7 a.m. to 7 p.m., Monday through Fri- not be opened for the passage of ves- day, except Federal holidays, the sels. From 10 p.m. to 6 a.m., the bridge need only open on the hour and drawspan must open on signal if at half-hour. least three hours notice is given. The [CGD07–06–050, 72 FR 18886, Apr. 16, 2007] drawspan must open as soon as possible for the passage of pubic vessels of the § 117.271 Blackwater River. United States and tugs with tows. The draw of the CSX Transportation [USCG–2001–10881, 71 FR 70310, Dec. 4, 2006] Railroad bridge, mile 2.8 at Milton, shall open on signal; except that, from § 117.279 Coffeepot Bayou. 8 p.m. to 4 a.m., the draw shall open on The draw of the Snell Isle Boulevard signal if at least eight hours notice is bridge, mile 0.4 at St. Petersburg, need given. not be opened for the passage of ves- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as sels. amended by CGD8–86–06, 51 FR 29101, Aug. 14, 1986; USCG–2001–10881, 71 FR 70310, Dec. 4, § 117.283 Dunns Creek. 2006] The draw of the US17 bridge, mile 0.9 near Satsuma, shall open on signal if § 117.272 Boot Key Harbor. at least three hours notice is given. The draw of the Boot Key Harbor drawbridge, mile 0.13, between Mara- § 117.285 Grand Canal. thon and Boot Key, will open as nec- (a) The draw of the Lansing Island essary on the hour between the hours bridge, mile 0.7, shall open on signal, of 7 a.m. to 7 p.m. At all other times, except that during the evening hours the bridge will open following a one from 10 p.m. to 6 a.m. from Sunday hour notification to the bridge tender evening until Friday morning, except by calling the posted cell phone num- on evenings preceeding a Federal holi- ber. The draw shall open on demand day, the draw shall open on signal if at and as soon as practicable for the pas- least 2 hours notice is given. sage of tugs with tows, public vessels of (b) The draw of the Tortoise Island the United States and vessels whereby bridge, mile 2.6, shall open on signal; a delay would endanger life or prop- except that from 10 p.m. to 6 a.m. from erty. Sunday evening through Friday morn- [CGD07–05–063, 71 FR 14806, Mar. 24, 2006] ing, the draw shall open on signal if at least 2 hours advance notice is given. § 117.273 Canaveral Barge Canal. From 10 p.m. to 6 a.m. on Friday and (a) The drawspan of the Christa Saturday and on evenings immediately McAuliffe Drawbridge, SR 3, mile 1.0, preceding Federal holidays, the draw across the Canaveral Barge Canal need shall open on signal if at least 30 min- only open daily for vessel traffic on the utes advance notice is given. hour and half-hour from 6 a.m. to 10 [CGD7–92–113, 58 FR 31474, June 3, 1993, as p.m.; except that from 6:15 a.m. to 8:15 amended by CGD07–98–048, 64 FR 30391, June a.m. and from 3:10 p.m. to 5:59 p.m., 8, 1999] Monday through Friday, except Fed- eral holidays, the drawspan need not § 117.287 Gulf Intracoastal Waterway. open. From 10:01 p.m. to 5:59 a.m., ev- (a) Public vessels of the United eryday, the drawspan must open on sig- States and tugs with tows must be

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passed through the drawspan of each cept that from 6 a.m. to 7 p.m., the drawbridge listed in this section at draw need only open on the hour, 20 anytime. minutes after the hour, and 40 minutes (a–1) The draw of the Boca Grande after the hour. From January 15 to Swingbridge, mile 34.3, shall open on May 15, from 6 a.m. to 7 p.m., the draw signal; except that, from 7 a.m. to 6 need only open on the hour and half p.m., Monday through Friday, except hour. Federal holidays, the draw need open (2) Anna Maria (SR 64) (Manatee Ave- only on the hour and half hour. On Sat- nue West) Bridge, mile 89.2. The draw urday, Sunday and Federal holidays, shall open on signal, except that from from 7 a.m. to 6 p.m., the draw need 6 a.m. to 7 p.m., the draw need only open only on the hour, quarter hour, open on the hour, 20 minutes after the half hour and three quarter hour. hour, and 40 minutes after the hour. (a–2) The draw of the Venice Avenue From January 15 to May 15, from 6 a.m. bridge, mile 56.6 at Venice, shall open to 7 p.m., the draw need only open on on signal, except that from 7 a.m. to the hour and half hour. 4:30 p.m., Monday through Friday ex- (3) [Reserved] cept Federal holidays, the draw need (4) Pinellas Bayway Structure ‘‘E’’ open only at 10 minutes after the hour, (SR 679) bridge, mile 113.0 at St. Peters- 30 minutes after the hour and 50 min- burg Beach. The draw shall open on utes after the hour and except between signal, except that from 9 a.m. to 7 4:35 p.m. and 5:35 p.m. when the draw p.m. the draw need open only on the need not open. hour and 30 minutes past the hour. (b) The draw of the Hatchett Creek (US–41) bridge, mile 56.9 at Venice, (e) The draw of the Pinellas Bayway, shall open on signal, except that, from Structure ‘‘C’’ bridge, mile 114, at St. 7 a.m. to 4:20 p.m., Monday through Petersburg Beach shall open on signal; Friday except Federal holidays, the except that from 7 a.m. to 7 p.m., the draw need open only on the hour, 20 draw need open only on the hour, twen- minutes after the hour, and 40 minutes ty minutes past the hour, and forty after the hour and except between 4:25 minutes past the hour. p.m. and 5:25 p.m. when the draw need (f) The draw of the Corey Causeway not open. On Saturdays, Sundays, and (SR693) bridge, mile 117.7 at South Federal holidays from 7:30 a.m. to 6 Pasadena, shall open on signal; except p.m. the draw need open only on the that, from 8 a.m. to 7 p.m. Monday hour, quarter-hour, half-hour, and through Friday, and 10 a.m. to 7 p.m. three quarter-hour. Saturdays, Sundays, and Federal holi- (b–1) Stickney Point (SR 72) bridge, days, the draw need be opened only on mile 68.6, at Sarasota. The draw shall the hour, 20 minutes after the hour, open on signal, except that the draw and 40 minutes after the hour. need open only on the hour, twenty (g) The draw of the Treasure Island minutes past the hour, and forty min- Causeway bridge, mile 119.0, shall open utes past the hour, from 6 a.m. to 10 on signal, except that from 7 a.m. to 7 p.m., Monday through Friday, except p.m. the draw need open only on the Federal holidays. hour, quarter hour, half hour and three (c) The draw of the Siesta Drive quarter hour. From 11 p.m. to 7 a.m. Bridge, mile 71.6 at Sarasota, Florida the draw shall open on signal if at least shall open on signal, except that from 10 minutes advance notice is given. 7 a.m. to 6 p.m., Monday through Fri- (h) The draw of the Welch Causeway day, except Federal holidays, the draw (SR699) bridge, mile 122.8 at Madiera need open only on the hour, twenty Beach, shall open on signal; except minutes past the hour and forty min- that, from 9:30 a.m. to 6 p.m. on Satur- utes past the hour. On weekends and days, Sundays, and Federal holidays, Federal holidays, from 11 a.m. to 6 the draw need be opened only on the p.m., the draw need open only on the hour, 20 minutes after the hour, and 40 hour, twenty minutes past the hour minutes after the hour. and forty minutes past the hour. (i) The draw of the Belleair Beach (d)(1) Cortez (SR 684) Bridge, mile Drawbridge, mile 131.8, Clearwater, FL 87.4. The draw shall open on signal, ex- shall open on signal, except that from

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7 a.m. to 7 p.m., the bridge shall open § 117.295 Kissimmee River. on the hour and half-hour. The draw of the DSX Railroad bridge, [CGD 82–025, 49 FR 17452, Apr. 24, 1984] mile 37.0, near Fort Basinger, shall open if at least 96 hours notice is given. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 117.287, see the List of CFR [CGD07–93–091, 59 FR 21932, Apr. 28, 1994] Sections Affected, which appears in the Finding Aids section of the printed volume § 117.297 Little Manatee River. and at www.fdsys.gov. The draw of the Seaboard System § 117.289 Hillsboro Inlet. Railroad bridge, mile 2.4 at Ruskin, shall open on signal if at least three The drawspans of the SR A–1–A hours notice is given. Drawbridge, mile 0.3 at Hillsboro Beach, must open on signal; except § 117.299 Loxahatchee River. that, from 7 a.m. to 6 p.m., the The draw of the Florida East Coast drawspans need be opened only on the Railway bridge across the Loxahatchee hour, quarter hour, half hour, and River, mile 1.2 at Jupiter, operates as three quarter hour. Public vessels of follows: the United States and tugs with tows must be passed at anytime. (a) The bridge is not constantly tended. [USCG–2001–10881, 71 FR 70310, Dec. 4, 2006] (b) The draw is normally in the fully open position, displaying flashing § 117.291 Hillsborough River. green lights to indicate that vessels (a) The drawspans for the draw- may pass. bridges at Platt Street, mile 0.0, (c) When a train approaches, the Brorein Street, mile 0.16, Kennedy Bou- lights go to flashing red and a horn levard, mile 0.4, Cass Street, mile 0.7, starts four blasts, pauses, and then Laurel Street, mile 1.0, West Columbus continues four blasts. After an eight Drive, mile 2.3, and West Hillsborough minute delay, the draw lowers and Avenue, mile 4.8, must open on signal if locks, providing the scanning equip- at least two hours notice is given; ex- ment reveals nothing under the draw. cept that, the drawspan must open on The draw remains down for a period of signal as soon as possible for public eight minutes or while the approach vessels of the United States. track circuit is occupied. (b) The draw of the CSX Railroad (d) After the train has cleared, the Bridge across the Hillsborough River, draw opens and the lights return to mile 0.7, at Tampa, operates as follows: flashing green. (1) The bridge is not tended. [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR (2) The draw is normally in the fully 37381, Sept. 24, 1984; Redesignated by CGD07– open position, displaying green lights 04–015, 69 FR 42874, July 19, 2004] to indicate that vessels may pass. (3) As a train approaches, provided § 117.300 Manatee River. the marine traffic detection laser scan- The draw of the CSX Railroad Bridge ners do not detect a vessel under the across the Manatee River, mile 4.5 Bra- draw, the lights change to flashing red denton, operates as follows: and a horn continuously sounds while (a) The bridge is not tended. the draw closes. The draw remains (b) The draw is normally in the fully closed until the train passes. open position, displaying green lights (4) After the train clears the bridge, to indicate that vessels may pass. the lights continue to flash red and the (c) As a train approaches, provided horn again continuously sounds while the scanners do not detect a vessel the draw opens, until the draw is fully under the draw, the lights change to open and the lights return to green. flashing red and a horn continuously sounds while the draw closes. The draw [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as amended by CGD7–92– remains closed until the train passes. 56, 58 FR 15420, Mar. 23, 1993; CGD07–04–148, 70 (d) After the train clears the bridge, FR 43766, July 29, 2005; USCG–2001–10881, 71 the lights continue to flash red and the FR 70310, Dec. 4, 2006] horn again continuously sounds while

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the draw opens, until the draw is fully only on the hour and half-hour. From open and the lights return to green. 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday [CGD07–04–015, 69 FR 42874, July 19, 2004] through Friday except Federal holi- § 117.301 Massalina Bayou. days, the draw need not open for the passage of vessels. The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, mile 0.0 [CGD07–03–118, 69 FR 7688, Feb. 19, 2004] at Panama City, shall open on signal; except that from 9 p.m. until 11 p.m. on § 117.307 Miami River, North Fork. July 4, each year, the draw need not The draw of the FDOT Railroad open for the passage of vessels. The Bridge, mile 5.3 at Miami, shall open on draw will open at any time for a vessel signal if at least 48-hour notice is given in distress. to CSX System Operating Head- [66 FR 36467, July 12, 2001] quarters (800) 232–0144. [CGD07–03–088, 69 FR 9549, Mar. 1, 2004] § 117.303 Matlacha Pass. The draw of the SR78 bridge, mile 6.0 § 117.309 Nassau Sound. at Fort Myers, shall open on signal The draw of the Fernandina Port Au- from 8 a.m. to 10 a.m. and from 3 p.m. thority (SR A–1–A) bridge, mile 0.4 be- to 7 p.m. Monday through Saturday. On tween Amelia Island and Talbot Island, Sundays the draw shall open on signal shall open on signal from 6 a.m. to 6 from 7 a.m. to 10 a.m. and from 3 p.m. p.m. if at least six hours notice is to 7 p.m. At all other times, the draw given. The draw need not be opened need not be opened for the passage of from 6 p.m. to 6 a.m. vessels. [CGD7–92–74, 57 FR 58711, Dec. 11, 1992] § 117.311 New Pass. The drawspan for the State Road 789 § 117.305 Miami River. Drawbridge, mile 0.05, at Sarasota, (a) General. Public vessels of the need only open on the hour, twenty United States, tugs, tugs with tows, minutes past the hour, and forty min- and vessels in a situation where a delay utes past the hour from 7 a.m. to 6 p.m. would endanger life or property shall, From 6 p.m. to 7 a.m., the drawspan upon proper signal, be passed through must open on signal if at least 3 hours the draw of each bridge listed in this notice is given to the drawtender. Pub- section at any time. lic vessels of the United States and (b) The draws of the S.W. First Street tugs with tows must be passed at any- Bridge, mile 0.9, up to and including time. the N.W. 27th Avenue Bridge, mile 3.7 at Miami, shall open on signal; except [USCG–2001–10881, 71 FR 70310, Dec. 4, 2006] that, from 7:35 a.m. to 8:59 a.m. and 4:45 § 117.313 New River. p.m. to 5:59 p.m., Monday through Fri- day, except Federal holidays, the draws (a) The draw of the SE. Third Avenue need not open for the passage of ves- bridge, mile 1.4 at Fort Lauderdale sels. shall open on signal; except that, from (c) The draws of the Miami Avenue 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 Bridge, mile 0.3, and the S.W. Second p.m., Monday through Friday, except Avenue Bridge, mile 0.5, at Miami, Federal holidays, the draw need not shall open on signal; except that, from open. Public vessels of the United 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 States, tugs with tows, and vessels in p.m. and 4:35 p.m. to 5:59 p.m., Monday distress shall be passed at any time. through Friday, except Federal holi- (b) The draw of the Andrews Avenue days, the draws need not open for the bridge, mile 2.3 at Fort Lauderdale, passage of vessels. shall open on signal; except that, from (d) The draw of the Brickell Avenue 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 Bridge, mile 0.1, at Miami, shall open p.m., Monday through Friday, except on signal; except that, from 7 a.m. to 7 Federal holidays, the draw need not p.m., Monday through Friday except open. The draw need not open for in- Federal holidays, the draw need open bound vessels when the draw of the

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Florida East Coast Railroad bridge, (c) Florida East Coast Railroad bridge, mile 2.5 at Fort Lauderdale is in the mile 7.4 at Stuart. The draw shall oper- closed position for the passage of a ate as follows: train. Public vessels of the United (1) The bridge is not constantly tend- States, tugs with tows, and vessels in ed. distress shall be passed at any time. (2) The draw is normally in the fully (c) The draw of the Marshal (Seventh open position, displaying flashing Avenue) bridge, mile 2.7 at Fort Lau- green lights to indicate that vessels derdale shall open on signal; except may pass. that, from 7:30 a.m. to 9 a.m. and 4:30 (3) When a train approaches the p.m. to 6 p.m., Monday through Friday, bridge, the navigation lights go to except Federal holidays, the draw need flashing red and a horn sounds four not open. Public vessels of the United blasts, pauses, and then repeats four States, tugs with tows, and vessels in blasts. After an eight minute delay, the distress shall be passed at any time. draw lowers and locks, providing the scanning equipment reveals nothing [CGD07–06–019, 71 FR 65413, Nov. 8, 2006, as under the draw. The draw remains amended by USCG–2001–10881, 72 FR 7351, down for a period of eight minutes or Feb. 15, 2007] while the approach track circuit is occupied. § 117.315 New River, South Fork. (4) After the train has cleared, the (a) The draw of the Davie Boulevard draw opens and the lights return to (SW. Twelfth Street) bridge, mile 0.9 at flashing green. Fort Lauderdale shall open on signal; (d) Roosevelt (US1) bridge, mile 7.4 at except that, from 7:30 a.m. to 9 a.m. Stuart. The draw shall open on signal; and 4:30 p.m. to 6 p.m., Monday through except Monday through Friday, except Friday, except Federal holidays, the Federal holidays, from 7 a.m. to 6 p.m. draw need not open. Public vessels of the draw need open only on the hour the United States, tugs with tows, and and half hour. However, the draw need vessels in distress shall be passed at not open between 7:30 a.m. and 9 a.m. any time. and 4 p.m. and 5:30 p.m. except at 8:15 (b) The drawspan for the SR84 Draw- a.m. and 4:45 p.m. On Saturdays, Sun- bridge, mile 4.4 at Fort Lauderdale, days, and federal holidays from 8 a.m. must open on signal if at least 24 hours to 6 p.m. the draw need open only on notice is given. Public vessels of the the hour, 20 minutes after the hour, United States and tugs with tows must and 40 minutes after the hour. When be passed through the draw as soon as the adjacent railway bridge is in the possible. closed position at the time of a scheduled opening the draw need not open, [USCG–2001–10881, 71 FR 70310, Dec. 4, 2006; 72 but it must then open immediately FR 7351, Feb. 15, 2007] upon opening of the railroad bridge to pass all accumulated vessels. Exempt § 117.317 Okeechobee Waterway. vessels shall be passed at any time. (a) Exempt vessels. This term means (e) Seaboard System Railroad bridge, public vessels of the United States and mile 28.2 at Indiantown. The draw shall tugs with tows. open on signal; except that, from 10 (b) Evans Crary (SR A1A) bridge, mile p.m. to 6 a.m. the draw shall open on 3.4 at Stuart. The draw shall open on signal if at least three hours notice is signal; except that from December 1 given. through May 1, from 7 a.m. to 6 p.m., (f) Florida East Coast Railroad Monday through Friday, except federal bridge, mile 38.0, at Port Mayaca. holidays, the draw need open only on (1) The bridge is not constantly tend- the hour and half-hour. On Saturdays, ed. Sundays, and federal holidays, Decem- (2) The draw is normally in the fully ber 1 through May 1, from 8 a.m. to 6 open position displaying flashing green p.m., the draw need open only on the lights to indicate that vessels may hour, 20 minutes after the hour, and 40 pass. minutes after the hour. Exempt vessels (3) When a train approaches the shall be passed at any time. bridge it will stop and a crewmember

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will observe the waterway for ap- Sections Affected, which appears in the proaching vessels, which will be al- Finding Aids section of the printed volume lowed to pass. Upon manual signal, the and at www.fdsys.gov. bridge lights will go to flashing red, and the horn will sound four blasts, § 117.319 Oklawaha River. pause, then repeat four blasts, then the (a) The draw of the Sharpes Ferry draw will lower and lock, providing (SR 40) bridge, mile 55.1 shall open on scanning equipment reveals nothing signal if at least three hours notice is under the span. given. (4) After the train has cleared, the (b) The draw of the Moss Bluff (SR draw will open, and the lights will re- 464) bridge, mile 66.0, need not open for turn to flashing green. the passage of vessels. (g) Belle Glade Dike (SR 71) bridge, mile (c) The draw of the Muclan Farms 60.7 between Torry Island and Lake bridge, mile 63.9, need not open for the Shore. The draw shall open on signal passage of vessels. from 7 a.m. to 6 p.m. Monday through Thursday, and from 7 a.m. to 7 p.m. [CGD7–85–15, 50 FR 29672, July 22, 1985, as Friday through Sunday. At all other amended by CGD7–87–49, 52 FR 42649, Nov. 6, 1987; CGD07–02–008, 67 FR 50351, Aug. 2, 2002] times, the draw need not be opened for the passage of vessels. § 117.323 Outer Clam Bay (h) Seaboard System Railroad bridge, mile 78.3 at Moore Haven. The draw shall The drawspan of the Outer Clam Bay open on signal; except that, from 10 Boardwalk Drawbridge shall open on p.m. to 6 a.m. the draw need not be signal if at least 30 minutes advance opened for the passage of vessels. notice is given. (i) Highway bridges at Moore Haven [CGD07–06–237, 72 FR 11777, Mar. 14, 2007] (mile 78.4) La Belle (mile 103.0), Denaud (mile 108.2), Alva (mile 116.0), and Olga § 117.324 Rice Creek. (mile 126.3). The draws shall open on The CSX Railroad Swingbridge, mile signal; except that, from 10 p.m. to 6 a.m. the draws shall open on signal if 0.8, in Putnam County, shall open on at least three hours notice is given. signal from 8 a.m. to 4 p.m., daily. (j) Sanibel Causeway bridge, mile 151 From 4:01 p.m. to 7:59 a.m., daily, the at Punta Rassa. The draw shall open on bridge shall open with a 24-hour ad- signal, except that from 7 a.m. until 6 vance notice to CSX at 1–800–232–0142. p.m. Monday through Friday, except [CGD07–03–094, 69 FR 1919, Jan. 13, 2004] Federal holidays, the draw need only open on the hour and half hour. On Sat- § 117.325 St. Johns River. urday, Sunday, and Federal holidays (a) The drawspan for the Main Street the draw shall open on signal, except (1/SR 90) drawbridge, mile 24.7, at Jack- that from 7 a.m. until 6 p.m., the draw sonville, must open on signal except need only open on the hour, quarter that, from 7 a.m. to 8:30 a.m. and from hour, half hour and three-quarter hour. 4:30 p.m. to 6 p.m., Monday through From 10 p.m. until 6 a.m. daily, the Saturday except Federal holidays, the draw shall open on signal if at least drawspan need not be opened for the five minutes advance notice is given to passage of vessels. the bridge tender. (b) The draw of the Florida East (k) Caloosahatchee River Bridge (SR Coast automated railroad bridge, mile 29), Mile 103, Labelle, Florida. The 24.9, shall operate as follows: Caloosahatchee River bridge (SR 29), mile 103, shall open on signal, except (1) The bridge shall be constantly that from 7 a.m. to 9 a.m. and from 4 tended and have a mechanical override p.m. to 6 p.m., Monday through Friday, capability for the automated oper- except Federal holidays, the bridge ation. A radiotelephone shall be main- need not open. Exempt vessels shall be tained at the bridge for the safety of passed at any time. navigation. (2) The draw is normally in the fully [CGD7 85–50, 51 FR 12319, Apr. 10, 1986] open position, displaying flashing EDITORIAL NOTE: For FEDERAL REGISTER ci- green lights to indicate that vessels tations affecting § 117.317, see the List of CFR may pass.

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(3) When a train approaches, large § 117.337 Trout River. signs on both the upstream and down- The draw of the CSX Railroad Bridge stream sides of the bridge flash ‘‘Bridge across the Trout River, mile 0.9 at Coming Down,’’ the lights go to flash- Jacksonville, operates as follows: ing red, and siren signals sound. After (a) The bridge is not tended. an eight minute delay, the draw lowers (b) The draw is normally in the fully and locks if there are no vessels under open position, displaying green lights the draw. The draw remains down for a to indicate that vessels may pass. period of eight minutes or while the ap- (c) As a train approaches, provided proach track circuit is occupied. the scanners do not detect a vessel (4) After the train has cleared, the under the draw, the lights change to draw opens and the lights return to flashing red and a horn continuously flashing green. sounds while the draw closes. The draw [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as remains closed until the train passes. amended by CGD7–90–76, 55 FR 47753, Nov. 15, (d) After the train clears the bridge, 1990; CGD07–96–069, 62 FR 15843, Apr. 3, 1997; the lights continue to flash red and the CGD07–05–009, 70 FR 18991, Apr. 12, 2005; horn again continuously sounds while USCG–2001–10881, 71 FR 70310, Dec. 4, 2006; the draw opens, until the draw is fully USCG–2012–0306, 77 FR 37314, June 21, 2012] open and the lights return to green. § 117.327 St. Marks River. [USCG–2009–0249, 75 FR 24402, May 5, 2010] The draw of the U.S. 98–SR30 bridge, § 117.341 Whitcomb Bayou. mile 9.0 at Newport, need not be opened for the passage of vessels. The draw of the Beckett Bridge, mile 0.5, at Tarpon Springs, Florida shall [CGD8–88–13, 54 FR 13064, Mar. 30, 1989] open on signal if at least two hours notice is given. § 117.329 St. Marys River. The draws of US17 bridge, mile 23.0, [CGD7–87–60, 53 FR 3206, Feb. 4, 1988] and the Seaboard System Railroad bridge, mile 23.1, both at Kingsland, GEORGIA shall open on signal if at least 48 hours notice is given. § 117.351 Altamaha River. (a) The draws of all bridges, except § 117.331 Snake Creek. the Seaboard System Railroad bridge, The draw of the Snake Creek bridge, mile 59.4 at Doctortown, shall open on at Islamorada, Florida, shall open on signal if at least 24 hours notice is signal, except that from 8 a.m. to 4 given. p.m., the draw need open only on the (b) The draw of the Seaboard System hour and half-hour. Railroad bridge, mile 59.4 at Doctortown, shall open on signal if at [66 FR 57385, Nov. 15, 2001] least seven days notice is given.

§ 117.333 Suwannee River. § 117.353 Atlantic Intracoastal Water- The draw of Suwannee River bridge, way, Savannah River to St. Marys mile 35 at Old Town need not be opened River. for the passage of vessels, however, the (a) General. Public vessels of the draw shall be restored to operable con- United States and tugs with tows must, dition within 6 months after notifica- upon proper signal, be passed through tion by the District Commander to do the drawspan of each drawbridge in so. this section at anytime. (b) Causton Bluff, SR 26, mile 579.9 near [CGD07–98–054, 64 FR 55419, Oct. 13, 1999] Causton Bluff. The draw shall open on § 117.335 Taylor Creek. signal, except that from 6:30 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday The draw of US441 bridge, mile 0.3 at through Friday, except Federal holi- Okeechobee, shall open on signal if at days the draw need open only at 7 a.m., least two hours notice is given. 8 a.m. and 5:30 p.m. [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR (c) Skidaway Bridge, SR 204, mile 592.9 37381, Sept. 24, 1984] near Savannah. The draw will open as

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necessary on the hour from 7 a.m. to 9 open on signal if at least three hours a.m. (7, 8, and 9 a.m.) and on the half- advance notice is given to the Georgia hour between 4:30 p.m. to 6.30 p.m. (4:30, Department of Transportation Area 5:30, and 6:30 p.m.), daily; Monday Engineer in Savannah. through Friday except Federal holi- (b) The draw of the Seaboard System days. The draw shall open at any time Railroad bridge, mile 27.4 near for Public vessels of the United States, Hardeeville, South Carolina shall open tugs with tows, and vessels in distress. on a signal if at least three hours ad- At all other times, the draw will open vance notice is given. VHF radio- on signal. telephone communications will be [CGD7 84–29, 50 FR 51249, Dec. 16, 1985, as maintained at the railroad’s chief dis- amended by CGD7–87–12, 52 FR 42647, Nov. 6, patcher’s office in Savannah. 1987; CGD7–87–76, 53 FR 2035, Jan. 26, 1988; (c) The draw of the CSX Transpor- CGD07–04–124, 70 FR 50974, Aug. 29, 2005; tation railroad bridge, mile 60.9, near CGD07–04–124, 71 FR 16491, Apr. 3, 2006; Clyo, Georgia, shall open on signal if at USCG–2001–10881, 71 FR 70311, Dec. 4, 2006] least 48 hours advance notice is given. Openings can be arranged by con- § 117.359 Chattahoochee River. tacting CSX Transportation on Chan- See § 117.107, Chattahoochee River, nel 16 VHF or by telephone at 1 800 232– listed under Alabama. 0146. VHF radiotelephone communica- [CGD 92–015, 57 FR 37880, Aug. 21, 1992] tions will be maintained at the dispatcher’s office in Savannah, Georgia. § 117.361 Flint River. (d) The draw of the Seaboard System The draws of the CSX Transportation Railroad bridge, mile 195.4 near Au- Railroad bridges, miles 28.0 and 28.7, gusta, shall open on signal if at least both at Bainbridge, shall open on sig- three hours notice is given. nal if at least 15 days notice is given. [CGD7–84–21, 49 FR 43955, Nov. 1, 1984, as amended by CGD7–84–01, 50 FR 25073, June 17, § 117.363 Ocmulgee River. 1985; CGD7–87–45, 53 FR 4394, Feb. 16, 1988; The draws of each bridge shall open CGD7–90–08, 56 FR 16008, Apr. 19, 1991] on signal if at least 24 hours notice is given. § 117.373 St. Marys River. See § 117.329, St. Marys River, listed § 117.365 Oconee River. under Florida. The draw of the SR46 bridge, mile 44.3 near Soperton, shall open on signal [CGD 92–015, 57 FR 37880, Aug. 21, 1992] if at least 24 hours notice is given. IDAHO § 117.367 Ogeechee River. § 117.381 Clearwater River. (a) The draw of the Seaboard System Railroad bridge, mile 30.7 at Richmond The draws of the Camas Prairie rail- Hill, shall open on signal if at least 15 road bridge, mile 0.6 at Lewiston, shall days notice is given. open on signal if at least three hours (b) The draw of the highway bridge, notice is given to the Camas Prairie mile 37.8 near Richmond Hill, need not Railroad in Lewiston. be opened for the passage of vessels. [CGD 82––025, 49 FR 17452, Apr. 24, 1984, as [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR amended by USCG–2000–7223, 65 FR 40056, 37381, Sept. 24, 1984] June 29, 2000]

§ 117.369 Satilla River. § 117.383 Pend Oreille River. The draw of the Seaboard System The draw of the Burlington Northern Railroad bridge, mile 25.7 at Woodbine, Santa Fe railroad bridge, mile 111.3 shall open on signal if at least 24 hours near Sand-point, need not be opened for notice is given. the passage of vessels.

§ 117.371 Savannah River. § 117.385 Snake River. (a) The draw of the Houlihan bridge The drawspan of the U.S. 12 bridge, (US 17) mile 21.6 at Savannah shall mile 140.0, between Lewiston, Idaho,

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and Clarkston, Washington, operates as § 117.391 Chicago River. follows: The draws of the bridges operated by (a) The draw need not open for the the City of Chicago over the Main passage of vessels except at these Branch of Chicago River, the bridges hours: on the North Branch of Chicago River (1) From March 15 through November from the Main Branch to North Halsted 15 at 6 a.m., 10 a.m., 3 p.m., 7 p.m., and Street, mile 2.65, and bridges on the 9 p.m. South Branch of Chicago River from (2) From November 16 through March the Main Branch to South Ashland Av- 14 at 9 a.m., 10 a.m., 2 p.m., and 3 p.m. enue, mile 4.47, shall operate as fol- (b) Requests for openings shall be lows: given to the Washington State Depart- (a) For commercial vessels, all ment of Transportation. bridges shall open on signal if at least (1) Monday through Thursday of 12-hours advance notice is provided to every week, except holidays, the draw the Chicago City Bridge Desk prior to shall open if at least two hours notice the intended time of passage; except is given. that, from Monday through Friday be- (2) Friday through Sunday of every tween the hours of 7 a.m. and 9:30 a.m., week, except holidays, the draw shall and between the hours of 4 p.m. and open if notice is given by 5 p.m. of the 6:30 p.m., except for Federal holidays, preceding Wednesday. the draws need not open for the pas- (3) The draw shall open on holidays if sage of vessels. notice is given by 5 p.m. two workdays, (b) For recreational vessels: excluding Friday, preceding the holi- (1) From April 1 through November day. 30— (4) The draw shall open at any time (i) The draws shall be scheduled to for the passage of vessels engaged in an open, before 1 p.m., twice on Saturdays emergency. and twice on Sundays if requests for passage have been received at least 20 [CGD13–92–01, 57 FR 38608, Aug. 26, 1992] hours in advance. If the bridges have been authorized to remain closed for ILLINOIS portions of a Saturday or Sunday to § 117.389 Calumet River. accommodate special events, openings shall be scheduled after 1 p.m. as nec- The draws of the Norfolk Southern essary to provide two openings per day. railroad bridges, miles 1.32 and 1.36 at (ii) The draws shall open on Monday Chicago, operate as follows: and Friday, after 6:30 p.m. Each open- (a) The draws shall open on signal; ing requires notice that has been given except that, if either one of the bridges at least 6 hours in advance of a vessel’s is inoperable because of equipment requested time of passage. breakdown, the other bridge need not (iii) The draws shall open on Wednes- be opened. days at 10 a.m., or as soon thereafter as (b) In addition to the signals pre- practical, if a request for passage has scribed in § 117.15, the following special been given at least 20 hours in advance. visual signals shall be used on the (iv) The draws shall open at times in bridges: addition to those listed in paragraphs (1) When the draw cannot be opened (b)(1)(i) through (b)(1)(iii) of this sec- immediately, or is open and must be tion, after notice has been given at closed promptly, two red lights are least 20 hours in advance requesting flashed alternately. passage for a flotilla of at least five (2) When the draw can be opened im- vessels. However, the bridges need not mediately, two amber lights are open Monday through Friday from 7 flashed alternately. a.m. to 9:30 a.m., and 4 p.m. to 6:30 (3) When the draw is open for pas- p.m., except for Federal holidays. sage, two green lights are flashed alter- (2) From December 1 through March nately. 31, the draws shall open on signal if at [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as least 48 hours notice is given. However, amended by USCG–2005–21531, 70 FR 36349, the bridges need not open Monday June 23, 2005] through Friday from 7 a.m. to 9:30 a.m.,

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and 4 p.m. to 6:30 p.m., except for Fed- broadcast, or electronic detector, the eral holidays. flashing red lights shall be changed to (c) The following bridges need not be flashing amber and the operator shall opened for the passage of vessels: The keep the draw in the fully open posi- draws of South Damen Avenue, mile tion until the vessel or vessels have 6.14, over South Branch of Chicago cleared the bridge. If no vessel is ap- River; all highway drawbridges be- proaching the bridge or is beneath the tween South Western Avenue, mile 6.7, draw, the draw may be lowered and and Willow Springs Road, mile 19.4, locked in place. over Chicago Sanitary and Ship Canal; (5) After the train has cleared the North Halsted Street, mile 2.85, and Di- bridge, the draw shall be raised to its vision Street, mile 2.99, over North full height and locked in place, the red Branch Canal of Chicago River; and Di- flashing lights stopped, and the draw vision Street, mile 3.30, North Avenue, lights changed from red to green. mile 3.81, Cortland Avenue, mile 4.48, (b) The draw of the Chessie Railroad Webster Avenue, mile 4.85, North Ash- Bridge, mile 254.1, at Seneca, Illinois, land Avenue, mile 4.90, and Union Pa- operates as follows: cific Railroad, mile 5.01, over North Branch of Chicago River. (1) The draw is normally maintained in the fully open position, displaying [CGD09–95–023, 60 FR 52311, Oct. 6, 1995, as green mid-channel lights to indicate amended by CGD09–01–148, 67 FR 31729, May the span is fully open. 10, 2002] (2) When a train approaches the § 117.393 Illinois Waterway. bridge and the draw is in the open position, the train will stop, train operator (a) The draw of the automated Bur- shall walk out on the bridge and scan lington Northern Santa Fe railroad the river for approaching vessels. bridge, mile 88.8 at Beardstown, Illi- nois, operates as follows: (3) If a vessel is approaching the (1) The draw is normally maintained bridge, the draw will remain open. The in the fully open position, displaying a vessel shall contact the train operator green light to indicate that vessels on VHF–FM channel 16 and the train may pass. operator shall keep the draw in the (2) When a vessel is approaching and fully open position until the vessel has the draw is in the open position, con- cleared the bridge. tact shall be established by radio- (4) If no vessels are observed, the telephone with the remote operator to train operator initiates a five minute assure that the draw remains open warning period on VHF–FM radio chan- until passage is complete. nel 16 before closing the bridge. The (3) When a vessel is approaching and train operator will broadcast the fol- the draw is in the closed position, con- lowing message: ‘‘The Chessie Railroad tact shall be established by radio- Bridge at Mile 254.1, Illinois River, will telephone with the remote operator. If close to navigation in five minutes.’’ the draw cannot be opened imme- The announcement is repeated every diately, alternate flashing red lights minute counting down the time re- are displayed. If the draw can be maining until closure. opened immediately, flashing amber (5) At the end of the five minute lights are displayed. warning period, and if no vessels are (4) When a train approaches the approaching the bridge, the train oper- bridge and the draw is in the open posi- ator shall sound the siren for 10 section, the operator shall activate alter- onds, activate the alternate flashing nate flashing red lights on top of the red lights on top of the draw, then draw, sound four short blasts, and scan lower and lock the draw in place. Red the river on radar to determine wheth- lights shall continue to flash to indi- er any vessel is approaching the bridge. cate the draw is closed to navigation. The remote operator shall also broad- (6) After the train has cleared the cast that the draw is closing. If a vessel bridge, the draw shall be raised to its or vessels are approaching the bridge full height and locked in place, the red within one mile, as determined by flashing lights stopped, and the draw radar scanning, response to radio lights changed from red to green.

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(c) The draws of the McDonough anyone on or under the bridge that the Street Bridge, mile 287.3; Jefferson drawspan will be lowered. Street bridge, mile 287.9; Cass Street (5) If a vessel is approaching the bridge, mile 288.1; Jackson Street bridge upbound or, departing the Lock- bridge, mile 288.4; and Ruby Street port Lock and Dam at mile 291.1, bridge, mile 288.7; all of Joliet, shall downbound, with intentions of passing open on signal, except that they need through the drawspan, they shall re- not open from 7:30 a.m. to 8:30 a.m. and spond to the remote bridge operators’ from 4:15 p.m. to 5:15 p.m. Monday marine radio broadcast, or initiate through Saturday. radio contact, indicating their prox- (d) The drawspan of the Elgin, Joliet imity to the bridge and requesting an and Eastern Railway bridge, mile 290.1 opening of the drawspan or that the at Lockport, Illinois, is operated by re- drawspan remain open until the vessel mote operator located at the Elgin, Jo- passes. If any approaching vessel is de- liet & Eastern offices in East Joliet, Il- tected or if a radiotelephone response linois as follows: is received, the remote operator shall (1) The drawspan is normally main- not close the drawspan until the vessel tained in the fully open to navigation or vessels have cleared the bridge. position displaying green center span (6) At the end of the one minute navigation lights to indicate that the warning period, if no river traffic is ap- drawspan is fully open. proaching or under the drawspan, the (2) The bridge is equipped with the remote bridge operator may begin low- following: ering the drawspan. Navigation lights (i) A radiotelephone link direct to located at the center of the drawspan the remote operator; change from green to red when the drawspan is not in the fully open to (ii) A radar antenna on top of the navigation position. The drawspan drawspan capable of scanning the river, takes approximately 90 seconds to one mile upstream and one mile down- lower. stream; (7) If the presence of a vessel or other (iii) Infrared boat detectors under the obstruction is discovered approaching drawspan, to allow the remote bridge or under the drawspan, during the low- operator to detect vessels under the ering sequence, before the drawspan is drawspan; fully lowered and locked, the drawspan (iv) Electronic motion detectors shall be stopped and raised to the fully under the drawspan to allow the reopen position. When the vessel or ob- mote bridge operator to detect vessel struction has cleared the drawspan, the movement under the drawspan; remote operator shall confirm that the (v) A siren for sound signals; and channel is clear and reinitiate the one (vi) Red and green center span navi- minute warning cycle before lowering gation lights. the drawspan. (3) The remote bridge operator shall (8) If no marine traffic is present the maintain a 24 hour VHF marine radio drawspan may be lowered and seated. watch for mariners to establish contact When the drawspan is lowered and as they approach the bridge to ensure locked in the closed to navigation posi- that the drawspan is open or that it re- tion, the remote bridge operator peri- mains open until passage of river traf- odically broadcasts, via marine radio, fic is complete. that: ‘‘The drawspan of the EJ&E Rail- (4) When rail traffic approaches the road bridge is closed to navigation.’’ bridge, and the drawspan is in the open (9) Failure of the radar system, radio position, the remote bridge operator telephone system, infrared boat detec- initiates a one minute warning period tors or electronic motion sensors shall before closing the drawspan. During prevent lowering the drawspan from this warning period, the remote oper- the remote location. ator shall broadcast at least twice, via (10) when rail traffic has cleared the marine radio, that: ‘‘The drawspan of bridge, the remote bridge operator the EJ&E Railroad bridge will be low- shall raise the drawspan to the fully ered in one minute.’’ A siren on the open to navigation position. When the bridge sounds for 20 seconds, to warn drawspan is raised and in the fully

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open to navigation position, the re- IOWA mote bridge operator broadcasts, at least twice, via marine radio, that: § 117.407 Missouri River. ‘‘The drawspan of the EJ&E Railroad See § 117.691, Missouri River listed bridge is open to navigation.’’ The cen- under Nebraska. ter drawspan navigation lights change from red to green when the drawspan is [CGD08–06–002, 71 FR 66874, Nov. 17, 2006] fully open to navigation. KANSAS [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 93–036, 59 FR 33677, June § 117.411 Missouri River. 30, 1994; USCG–1998–3799, 63 FR 35527, June 30, 1998; USCG–1999–5832, 64 FR 34712, June 29, The draws of the bridges across the 1999; CGD08–99–014, 64 FR 61520, Nov. 12, 1999; Missouri River shall open on signal; ex- CGD08–06–013, 72 FR 19668, Apr. 19, 2007] cept during the winter season between the date of closure and the date of § 117.397 Wabash River. opening of the commercial navigation The draws of the bridges across the season as published by the Army Corps Wabash River need not be opened for of Engineers, the draws need not open the passage of vessels. unless at least 24 hours advance notice [USCG–2008–0100, 73 FR 76219, Dec. 16, 2008] is given.

INDIANA [CGD08–06–002, 71 FR 66874, Nov. 17, 2006]

§ 117.401 Trail Creek. KENTUCKY (a) The draw of the Franklin Street § 117.415 Green River. bridge, mile 0.5 at Michigan City, shall be operated as follows: (a) The draw of the CSX Transpor- (1) From March 16 through November tation railroad bridge, Mile 8.3 at 30, the draw shall open on signal; ex- Spottsville, shall open on signal when cept from 6:15 a.m. to 11:15 p.m., Mon- there is 40 feet or less of vertical clear- day through Sunday, the draw need ance beneath the draw. When vertical open only from three minutes before to clearance is more than 40 feet, at least three minutes after the quarter-hour four hours notice shall be given. The and three-quarter hour. owners of, or agencies controlling, the (2) From December 1 through March bridge shall arrange for ready tele- 15, the draw shall open on signal if at phone communication with the author- least 12-hours advance notice is pro- ized representative at any time from vided prior to intended time of passage. the bridge or its immediate vicinity. (b) The draw of the Amtrak bridge, (b) The draw of the CSX Transpor- mile 0.9 at Michigan City, shall open on signal; except, from December 1 tation Railroad bridge, Mile 79.6 at through March 15, the bridge shall open Small-house, is normally maintained on signal if at least 12-hours advance in the fully open position and a vessel notice is provided prior to intended may pass through the draw without time of passage. further signals. When the draw is in (c) Public vessels of the United the closed position, it shall open on States, state or local vessels used for signal when there is 40 feet or less of public safety, vessels in distress, and vertical clearance. When the vertical vessels seeking shelter from severe clearance is more than 40 feet, at least weather shall be passed through the four hours notice shall be given. Dur- draws of each bridge as soon as pos- ing this period, if the drawtender is in- sible. formed at the time the vessel passes [CGD09–01–001, 66 FR 27867, May 21, 2001] through the draw that the vessel will return within four hours, the § 117.403 Wabash River. drawtender shall remain on duty until See § 117.397, Wabash River, listed the vessel returns but is not required under Illinois. to remain for longer than four hours. The owners of, or agencies controlling, [CGD 92–015, 57 FR 37880, Aug. 21, 1992]

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the bridge shall arrange for ready tele- the waterway, at Simmesport, shall phone communication with the author- open on signal if at least three hours ized representative at any time from advance notice is given. the bridge or its immediate vicinity. [CGD8–88–05, 53 FR 27681, July 22, 1988] (c) The bascule span of the Paducah and Louisville Railroad Bridge, Mile § 117.424 Belle River. 94.8 at Rockport, is maintained in the closed position and is remotely oper- The draw of the S70 bridge, mile 23.8 ated. Bridge clearance in the closed po- (Landside Route) near Belle River, sition in 41.3 feet at pool stage. Vessels shall open on signal; except that, from requiring more clearance for passage 10 p.m. to 6 a.m., the draw shall open must contact the remote bridge oper- on signal if at least four hours notice is ator by radio telephone to request given. During the advance notice pe- opening. The bridge operator will con- riod, the draw shall open on less than firm by radiotelephone whether the four hours notice for an emergency and bridge can be opened safely and shall open on demand should a tem- promptly. If rail traffic is on or ap- porary surge in waterway traffic occur. proaching the bridge, the bridge oper- [CGD 08–84–07, 50 FR 24195, June 10, 1985] ator will advise the vessel that the bridge cannot be opened, and provide § 117.425 Black Bayou. an approximate time when the bridge The draws of the Terrebonne Parish can be opened safely. Continuous radio Police Jury bridges, miles 7.5, 15.0, 18.7 contact between the bridge operator and 22.5, between Gibson and Houma, and the vessel shall be maintained shall open on signal if at least 24 hours until the vessel has transited and notice is given. The draw of the US90 cleared the bridge. bridge, mile 7.0 near Gibson, need not [CGD2 88–01, 53 FR 23621, June 23, 1988, as be opened for the passage of vessels. amended by CGD2–91–04, 56 FR 16009, Apr. 19, 1991; CGD2–91–07, 57 FR 2841, Jan. 24, 1992] [CGD8–87–12, 53 FR 5974, Feb. 29, 1988]

§ 117.417 Ohio River. § 117.427 Black River. The draw of the Southern Railway The draw of the US84 bridge, mile railroad bridge, mile 607.4 at New Al- 41.0 at Jonesville, shall open on signal bany, Indiana, need not be opened for if at least one hour notice is given. the passage of vessels. § 117.429 Boeuf Bayou. [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR The draw of the S307 bridge, mile 1.3 37381, Sept. 24, 1984] at Kraemer, shall open on signal; ex- LOUISIANA cept that, from 9 p.m. to 5 a.m., the draw shall open on signal if at least 12 § 117.422 Amite River. hours notice is given. (a) The draw of the S22 bridge, mile § 117.433 Bonfouca Bayou. 6.0 at Clio, shall open on signal if at least four hours notice is given. The draw of the S433 Bridge, mile 7.0, (b) The draws of the S16 bridge, mile at Slidell, shall open on signal, except 21.4 near French Settlement, and the that from 6 p.m. to 6 a.m. from Novem- S42 bridge, mile 32.0 at Port Vincent, ber 1 through February 28 or February shall open on signal if at least 48 hours 29, the draw shall open on signal if at notice is given. least two hours, notice is given. From March 1 through October 30, from 9 [CGD 82–025, 49 FR 17452, as amended by CGD p.m. to 7 a.m. the draw shall open on 08–84–04, 49 FR 48924, Dec. 17, 1984. Redesig- signal if at least two hours, notice is nated by CGD8–88–05, 53 FR 27681, July 22, 1988] given. On Monday through Friday, except Federal holidays, throughout the § 117.423 Atchafalaya River. year, the draw need not open for the passage of vessels from 7 a.m. to 8 a.m. The draw of the Kansas City South- and from 1:45 p.m. to 2:45 p.m. ern Railway bridge, mile 133.1 (mile 5.0 on N.O.S. Chart) above the mouth of [USCG–2009–0863, 76 FR 52569, Aug. 23, 2011]

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§ 117.434 Caddo Lake. advance notice period, the draw shall open on less than four hours notice for The draw of the Kansas City South- an emergency and shall open on de- ern railroad bridge, mile 26.4 near mand should a temporary surge in wa- Mooringsport, shall open on signal if at terway traffic occur. least 24 hours notice is given. [CGD 08–84–12, 50 FR 23306, June 3, 1985. Re- [CGD82–025, 49 FR 17452. Redesignated by designated and amended by CGD8–85–10, 50 CGD08–96–053, 64 FR 8722, Feb. 23, 1999] FR 38001, Sept. 19, 1985; USCG–2011–0257, 76 FR 31837, June 2, 2011] § 117.435 Carlin Bayou. The draw of the S14 bridge, mile 6.4 § 117.439 Des Allemands Bayou. at Delcambre, shall open on signal; ex- (a) The draw of the S631 bridge, mile cept that, from 9 p.m. to 5 a.m. the 13.9 at Des Allemands, shall open on draw shall open on signal if at least signal if at least four hours notice is four hours notice is given. The draw given. shall open on less than four hours no- (b) The draw of the Burlington tice for an emergency and shall open Northern Santa Fe Railroad bridge, on demand should a temporary surge in mile 14.0, shall open on signal Monday waterway traffic occur. through Friday from 7 a.m. to 3 p.m. At [CGD8–88–19, 54 FR 16107, Apr. 21, 1989. Redes- all other times the draw shall open on ignated by CGD08–96–053, 64 FR 8722, Feb. 23, signal if at least 4 hours notice is 1999] given.

§ 117.436 Chef Menteur Pass. [CGD08–93–028, 59 FR 14757, Mar. 30, 1994] The draw of the U.S. Highway 90 § 117.441 D’Inde Bayou. bridge, mile 2.8, at Lake Catherine, The draw of the Union Pacific rail- shall open on signal; except that, from road bridge, mile 4.3, shall open on sig- 5:30 a.m. to 7:30 a.m., Monday through nal if at least 72 hours notice is given Friday except Federal holidays, the to the Defense Plant Corporation, Cit- draw need open only on the hour and ies Service Refining Corporation on the half-hour for the passage of ves- Agent. sels. The draw shall open at any time for a vessel in distress. § 117.443 Du Large Bayou. [CGD08–01–005, 66 FR 11110, Feb. 22, 2001] The draw of the Terrebonne Parish bridge, mile 23.2, near Theriot, shall § 117.437 Colyell Bayou. open on signal; except that, from 9 p.m. The removable span of the Louisiana to 5 a.m., the draw shall open on signal highway bridge, mile 1.0 near Port Vin- if at least 12 hours notice is given. cent, shall be removed for the passage [CGD 08–84–07, 50 FR 24195, June 10, 1985] of vessels if at least 48 hours notice is given. § 117.444 Falgout Canal. § 117.438 Company Canal. The draw of the LA 315 bridge across Falgout Canal, mile 3.1, shall open on (a) The draw of the LA1 bridge, mile signal; except that from 15 August to 5 0.4 at Lockport, shall open on signal; June, the draw need not be opened except that, from 6 p.m. to 10 a.m. the from 7 a.m. to 8 a.m. and from 3 p.m. to draw shall open on signal if at least 4 p.m., Monday through Friday except four hours notice is given. During the holidays. The draw shall open on signal advance notice period, the draw shall at any time for an emergency aboard a open on less than four hours notice for vessel. an emergency and shall open on demand should a temporary surge in wa- [CGD8–91–11, 56 FR 43872, Sept. 5, 1991] terway traffic occur. (b) The draw of the S24 bridge, mile § 117.445 Franklin Canal. 8.1 at Bourg, shall open on signal; ex- The draw of the Chatsworth Bridge, cept that, from 10 p.m. to 6 a.m. the mile 4.8 at Franklin, shall open on sig- draw shall open on signal if at least nal from 5 a.m. to 9 p.m. if at least one four hours notice is given. During the hour notice is given. From October 1

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through January 31 from 9 p.m. to 5 (e) The draw of the Louisiana high- a.m., the draw shall be opened on sig- way bridge, mile 243.8 west of Harvey nal if at least three hours notice is Canal Locks, shall open on signal when given. From February 1 through Sep- more than 50 feet vertical clearance is tember 30 from 9 p.m. to 5 a.m., the required, if at least four hours notice is draw shall open on signal if at least 12 given to the Louisiana Department of hours notice is given. Highways, District Maintenance Engi- neer, at Lake Charles. [USCG–2009–0670; 74 FR 66238, Dec. 15, 2009] [CGD 82–025, 49 FR 17452, Apr. 24, 1984] § 117.447 Grand Cabahanosse Bayou. EDITORIAL NOTE: For FEDERAL REGISTER ci- The draw of the S70 bridge, mile 7.6 tations affecting § 117.451, see the List of CFR near Paincourtville, shall open on sig- Sections Affected, which appears in the nal if at least 24 hours notice is given. Finding Aids section of the printed volume and at www.fdsys.gov. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by USCG–2001–9286, 66 FR 33641, § 117.453 Houma Canal. June 25, 2001] The draw of the S3197 bridge, mile 1.7 § 117.449 Grosse Tete Bayou. at Houma, shall open on signal if at least four hours notice is given. (a) The draw of the Union Pacific railroad bridge, mile 14.7 at Grosse [CGD 08–84–06, 50 FR 1850, Jan. 14, 1985] Tete, need not be opened for the pas- § 117.455 Houma Navigation Canal. sage of vessels. (b) The removable span of the S377 The draw of SR 661 (Houma Nav bridge, mile 15.3 near Rosedale, shall be Canal) bridge, mile 36.0, at Houma, removed for the passage of vessels if at shall open on signal; except that, the least 48 hours notice is given. draw need not open for the passage of vessels Monday through Friday except § 117.451 Gulf Intracoastal Waterway. Federal holidays from 6:30 a.m. to 8:30 (a) The draw of the Lapalco Boule- a.m., from 11:45 a.m. to 12:15 p.m., from vard Bridge, Harvey Canal Route, mile 12:45 p.m. to 1:15 p.m. and from 4:30 2.8 at Harvey, shall open on signal; ex- p.m. to 6 p.m. cept that, from 6:30 a.m. to 8:30 a.m. [CGD08–05–004, 70 FR 20469, Apr. 20, 2005] and from 3:45 p.m. to 5:45 p.m. Monday through Friday except holidays, the § 117.457 Houston River. draw need not be opened for the pas- The draw of the Kansas City South- sage of vessels. ern Railroad bridge, mile 5.2 near Lake (b) The draw of the SR 23 bridge, Al- Charles, shall open on signal if at least giers Alternate Route, mile 3.8 at Belle 24 hours notice is given. Chasse, shall open on signal; except that, from 6 a.m. to 8:30 a.m. and from § 117.458 Inner Harbor Navigation 3:30 p.m. to 5:30 p.m. Monday through Canal, New Orleans. Friday, except Federal holidays, the (a) The draws of the SR 46 (St. Claude draw need not be opened for the pas- Avenue) bridge, mile 0.5 (GIWW mile sage of vessels. 6.2 East of Harvey Lock), the SR 39 (c) The draw of the SR 315 (Bayou (Judge Seeber/Claiborne Avenue) Dularge) bridge, mile 59.9 west of Har- bridge, mile 0.9 (GIWW mile 6.7 East of vey Lock, at Houma, shall open on sig- Harvey Lock), and the Florida Avenue nal; except that, the draw need not bridge, mile 1.7 (GIWW mile 7.5 East of open for the passage of vessels Monday Harvey Lock), shall open on signal; ex- through Friday except Federal holi- cept that, from 6:30 a.m. to 8:30 a.m. days from 6:30 a.m. to 8:30 a.m., from and from 3:30 p.m. to 5:45 p.m., Monday 11:45 a.m. to 12:15 p.m., from 12:45 p.m. through Friday, except federal holi- to 1:15 p.m. and from 4:30 p.m. to 6 p.m. days, the draws need not open for the (d) The draw of the SR 319 (Louisa) passage of vessels. The draws shall bridge across the Gulf Intracoastal Wa- open at any time for a vessel in dis- terway, mile 134.0 west of Harvey Lock, tress. near Cypremort, shall open on signal if (b) The draw of the US90 (Danziger) at least 24 hours notice is given. bridge, mile 3.1, shall open on signal;

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except that, from 8 p.m. to 7 a.m. the § 117.463 Lacombe Bayou. draw shall open on signal if at least The draw of the US190 bridge, mile four hours notice is given, and the 6.8 at Lacombe, shall open on signal if draw need not be opened from 7 a.m. to at least 48 hours notice is given. 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. § 117.465 Lafourche Bayou. (c) The draw of the Senator Ted (a) The draws of the following bridges Hickey Bridge, mile 4.6, shall open on shall open on signal; except that, from signal; except that, from 7 a.m. to 8:30 August 15 through May 31, the draw a.m. and 5 p.m. to 6:30 p.m. Monday need not open for the passage of vessels through Friday, the draw need not be Monday through Friday except Federal opened. holidays from 7 a.m. to 8:30 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to [CGD8–89–05, 54 FR 36305, Sept. 1, 1989, as 5:30 p.m.: amended by CGD08–01–002, 66 FR 27026, May (1) SR 308 (Golden Meadow) Bridge, 16, 2001; GCD08–03–030, 68 FR 69609, Dec. 15, mile 23.9, at Golden Meadow 2003; USCG–2010–0351, 75 FR 49411, Aug. 13, (2) Galliano Pontoon Bridge, mile 2010] 27.8, at Galliano § 117.459 Kelso Bayou. (3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at Galliano The draw of the S27 bridge mile 0.7 at (4) Cote Blanche Pontoon Bridge, Hackberry, shall operate as follows: mile 33.9, at Cutoff (a) From May 20, through October 31, (5) Cutoff Vertical Lift Bridge, mile the draw shall open on signal from 7 36.3, at Cutoff a.m. to 7 p.m. From 7 p.m. to 7 a.m., (6) SR 310 (Larose Pontoon) Bridge, the draw shall open on signal if at least mile 39.1, at Larose four hours notice is given. (b) The draw of the Valentine bridge, (b) From November 1 through Decem- mile 44.7 at Valentine, shall open on ber 22, the draw shall open on signal signal; except that, from 6 p.m. to 6 a.m., the draw shall open on signal if at from 7 a.m. to 3 p.m. From 3 p.m. to 7 least four hours advance notification is a.m., the draw shall open on signal if at given. During the advance notification least four hours notice is given. period, the draw shall open on less than (c) From December 23 through May four hours notice for an emergency and 19, the draw shall open on signal if at shall open on demand should a tem- least 24 hours notice is given. porary surge in water traffic occur. [CGD 08–94–028, 63 FR 40654, July 30, 1998] (c) The draws of the S3220 bridge, mile 49.2 near Lockport, and the S655 § 117.460 La Carpe Bayou. bridge, mile 50.8 at Lockport, shall open on signal; except that, from 6 p.m. The draw of the S661 bridge, mile 7.5, to 10 a.m. the draws shall open on sig- shall open on signal if at least four nal if at least four hours notice is hours advance notice is given; except given. During the advance notice pe- that, the draw need not be opened for riod, the draws shall open on less than the passage of vessels Monday through four hours notice for an emergency and Friday except holidays from 7 a.m. to shall open on demand should a tem- 8:30 a.m. and 4:30 p.m. to 6 p.m. porary surge in waterway traffic occur. (d) The draw of the State Route LA [CGD8–90–05, 55 FR 33289, Aug. 15, 1990] 654 bridge, mile 53.2 at Clotilda, shall § 117.461 Lacassine Bayou. open on signal if at least four hours notice is given. During the advance no- The draws of the S14 bridge, mile tice period, the draw shall open on less 17.0, and the Southern Pacific railroad than four hours notice for an emer- bridge, mile 20.4, both near Hayes, shall gency and shall open on demand should open on signal if at least 24 hours no- a temporary surge in waterway traffic tice is given. occur. (e) The draws of the S3199 bridge, [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984] mile 58.2, and the Lafourche Parish bridge, mile 58.7, both at Raceland,

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shall open on signal if at least six § 117.473 Little River. hours notice is given. The draw of the Louisiana and Ar- (f) The draw of the S649 bridge, mile kansas railroad bridge, mile 12.1 at Ar- 66.6, shall open on signal if at least chie, shall open on signal if at least 12 forty-eight hours notice is given. hours notice is given. (g) The draws of the Burlington Northern Santa Fe railroad bridge, § 117.475 Little (Petit) Caillou Bayou. mile 69.0 at Lafourche, and all bridges (a) The draws of the S58 bridge, mile upstream of the Burlington Northern 25.7 at Sarah, and the Terrebonne Par- Santa Fe railroad bridge need not be ish (Smithridge) bridge, mile 26.6 near opened for the passage of vessels. Montegut, shall open on signal; except that, from 9 p.m. to 5 a.m., the draws [CGD 82–025, 49 FR 17452, Apr. 24, 1984] shall open on signal if at least 12 hours EDITORIAL NOTE: For FEDERAL REGISTER ci- notice is given. tations affecting § 117.465, see the List of CFR (b) The draws of the Terrebonne Par- Sections Affected, which appears in the ish (DuPlantis) bridge, mile 29.9 near Finding Aids section of the printed volume Bourg, and the S24 bridge, mile 33.7 at and at www.fdsys.gov. Presquille, shall open on signal if at least four hours notice is given. The § 117.467 Lake Pontchartrain. draws shall open on less than four (a) The south draw of the S11 bridge hours notice for an emergency, and near New Orleans shall open on signal shall open on signal should a tem- if at least 48 hours notice is given. In porary surge in waterway traffic occur. case of emergency, the draw shall open [CGD8–86–02, 51 FR 31113, Sept. 2, 1986] within 12 hours and shall be kept in condition for immediate operation § 117.477 Lower Atchafalaya River. until the emergency is over. The draw of the St. Mary Parish (b) The draw of the Greater New Orle- bridge, mile 26.8 at Patterson, shall ans Expressway Commission Causeway open on signal from 5 a.m. to 9 p.m. shall open on signal if at least three From October 1 through January 31 hours notice is given; except that, the from 9 p.m. to 5 a.m., the draw shall draw need not be opened for the pas- open on signal if at least three hours sage of vessels Monday through Friday notice is given. From February 1 except Federal holidays from 5:30 a.m. through September 30 from 9 p.m. to 5 a.m., the draw shall open on signal if at to 9:30 a.m. and from 3 p.m. until 7 p.m. least 12 hours notice is given. The draw will open on signal for any vessel in distress or vessel waiting im- [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR mediately following the closures listed 37381, Sept. 24, 1984] above. § 117.478 Lower Grand River. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (a) The draw of the LA 75 bridge, mile amended by CGD8–90–02, 55 FR 13522, Apr. 11, 38.4 (Alternate Route) at Bayou Sorrel, 1990; CGD08–01–022, 66 FR 56208, Nov. 7, 2001] shall open on signal; except that from about August 15 to about June 5 (the § 117.469 Liberty Bayou. school year), the draw need not be The draw of the S433 Bridge, mile 2.0, opened from 6 a.m. to 8 a.m. and from at Slidell, shall open on signal, except 3 p.m. to 4:30 p.m., Monday through that between 7 p.m. to 7 a.m., the draw Friday except holidays. The draw shall shall open on signal if at least two open on signal at any time for an emer- hours notice is given. gency aboard a vessel. (b) The draw of the LA 77 bridge, mile [USCG–2007–0078, 73 FR 12886, Mar. 11, 2008] 47.0 (Alternate Route) at Grosse Tete, shall open on signal; except that, from § 117.471 Little Black Bayou. about August 15 to about June 5 (the The draw of the Southern Pacific school year), the draw need not be railroad bridge, mile 1.3 at Southdown, opened from 6 a.m. to 8 a.m. and from need not be opened for the passage of 2:30 p.m. to 4:30 p.m., Monday through vessels. Friday except Federal holidays. The

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draw shall open on signal at any time § 117.483 Ouachita River. for an emergency aboard a vessel. The draw of the S8 Bridge, mile 57.5, (c) The draw of the S997 bridge, mile at Harrisonburg, shall open on signal if 41.5 (Landside Route) at Pigeon, shall at least one hour notice is given. open on signal; except that, from 10 p.m. to 6 a.m., the draw shall open on [CGD08–07–020, 72 FR 59014, Oct. 18, 2007] signal if at least four hours notice is § 117.484 Pass Manchac. given. During the advanced notice period, the draw shall open on less than The draw of the Canadian National/ four hours notice for an emergency and Illinois Central Railroad automated shall open on demand should a tem- bridge, mile 6.7, at Manchac, operates as follows: porary surge in waterway traffic occur. (a) The draw is not constantly [CGD8–92–16, 57 FR 57962, Dec. 8, 1992, as manned and the bridge will normally amended by CGD08–93–024, 59 FR 14756, Mar. be maintained in the open position, 30, 1994; CGD08–96–003, 61 FR 49064, Sept. 18, providing 56 feet vertical clearance 1996; USCG–2009–0686, 75 FR 16009, Mar. 31, above mean high tide to the raised tip 2010] of the bascule span for one-half the channel, and unlimited vertical clear- § 117.479 Macon Bayou. ance for the other half. The draw of the S4 bridge, mile 44.8 (b) Railroad track circuits will detect near Winnsboro, shall open on signal if an approaching train and initiate at least 24 hours notice is given. bridge closing warning broadcasts over marine radio and over the Public Ad- § 117.480 Mermentau River. dress (PA) system six (6) minutes in ad- The draw of the S82 bridge, mile 7.1 vance of the train’s arrival. Navigation at Grand Chenier, shall open on signal; channel warning lights will be lit, and except that, from 6 p.m. to 6 a.m. the photoelectric (infrared) boat detectors will monitor the waterway beneath the draw shall open on signal if at least 4 bridge for the presence of vessels. The hours notice is given. During the ad- waterway approaches to the bridge will vance notice period, the draw will open be monitored by closed circuit TV on less than 4 hours notice for an emer- (CCTV) cameras. gency and will open on demand should (c) Activation of the warning broad- a temporary surge in waterway traffic casts also activates a marine radio occur. monitor in the Mays Yard (New Orle- [CGD8–94–027, 60 FR 14221, Mar. 16, 1995] ans switch yard). The yardmaster will continuously monitor marine radio § 117.481 Milhomme Bayou broadcasts on the normal and emergency marine radio channels through- The draw of the Stephensville Bridge, out the warning period and at all times mile 12.2 (Landside Route) at the bridge is closed. The yardmaster Stephensville shall open on signal if at will communicate with waterway users least one hour of advance notice is via the marine radio, if necessary. given. During the advance notice pe- (d) At the end of warning period, if no riod, the draw shall open on less than vessels have been detected by the boat one hour notice for an emergency, and detectors, and no interruptions have shall open on demand should a tem- been performed by the yardmaster porary surge in waterway traffic occur. based on his monitoring of the marine [73 FR 43, Jan. 2, 2008] radio and the CCTV, the bridge lowering sequence will automatically pro- § 117.482 Nezpique Bayou. ceed. (e) Upon passage of the train, the The draw of the S97 bridge, mile 7.0 bridge will automatically open. Rail- near Jennings, shall open on signal if road track circuits will initiate the at least 48 hours notice is given. automatic bridge opening and closing [CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redes- sequences. (Estimated duration that ignated by CGD8-86-04, 51 FR 36224, Oct. 9, the bridge will remain closed for pas- 1986] sage of rail traffic is 10 to 12 minutes.)

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The bridge will also be manually oper- § 117.488 Plaquemine Bayou. able from two locked trackside control (a) The draw of the S3066 (Spur) locations (key releases) on the ap- bridge, mile 6.5 at Indian Village, shall proach spans, one on each side of the open on signal if at least four hours no- movable span. tice is given. (f) The yardmaster will be provided (b) The draws of the Union Pacific with a remote EMERGENCY STOP railroad bridge, mile 10.5 at button which, if pressed, will stop the Plaquemine, and the S1 bridge, mile bridge operation, interrupt the low- 10.5 at Plaquemine, need not be opened ering sequence, and immediately re- for the passage of vessels. turn the bridge to the open position. The yardmaster will utilize this con- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as trol feature in the event a vessel oper- amended by CGD 08–84–01; 49 FR 28405, July ator issues an urgent radio call to keep 12, 1984. Redesignated by USCG–2001–10881, 71 the waterway open for immediate pas- FR 70311, Dec. 4, 2006] sage of the vessel. § 117.489 Plaquemine Brule Bayou. [CGD08–93–023, 59 FR 14755, Mar. 30, 1994; 59 The draw of the S91 bridge, mile 8.0 FR 23158, May 5, 1994, as amended by USCG– at Estherwood, shall open on signal 2000–7223, 65 FR 40056, June 29, 2000] from 5 a.m. to 9 p.m. if at least four hours notice is given. From 9 p.m. to 5 § 117.485 Patout Bayou. a.m., the draw shall open on signal if at The draw of the S83 bridge, mile 0.4 least 12 hours notice is given. near Weeks, shall open on signal if at least four hours notice is given. [USCG–2008–0850, 73 FR 51362, Sept. 3, 2008]

§ 117.486 Pearl River. § 117.491 Red River. (a) The draw of the CSX Transpor- (a) The draw of the Union Pacific tation railroad bridge, mile 1.0 near Railroad bridge, mile 90.1, at Alexan- English Lookout, shall open on signal; dria, shall open on signal if at least except that, from 9 p.m. to 5 a.m. the eight hours notice is given. draw shall open on signal if at least (b) The draw of the US 165 (Jackson four hours notice is given. St.) bridge, mile 88.6, at Alexandria, (b) The draw of the US 90 highway shall open on signal if at least eight bridge, mile 8.8 near Pearlington, shall hours notice is given; except that, from open on signal; except that, from 7 p.m. 7 a.m. to 9 a.m. and from 4 p.m. to 6 to 7 a.m. the draw shall open on signal p.m. the draw need not be opened Mon- if at least four hours notice is given. day through Friday except holidays. (c) The draws of the bridges above [CGD8–92–09, 57 FR 34868, Aug. 7, 1992, as mile 105.8 through mile 234.4 shall open amended by USCG–1998–3799, 63 FR 35527, on signal if at least 48 hours notice is June 30, 1998. Redesignated by USCG–2001– given. 10881, 71 FR 70311, Dec. 4, 2006] (d) The draws of the bridges above § 117.487 Pierre Pass. mile 234.4 to mile 276 need not be opened for passage of vessels. The draw of the S70 bridge, mile 1.0 (e) When a vessel which has given no- at Pierre Part, shall open on signal; ex- tice fails to arrive at the time specified cept that, from 10 p.m. to 6 a.m., the in the notice, the drawtender shall re- draw shall open on signal if at least main on duty for up to two additional four hours notice is given. During the hours to open the draw if that vessel advance notice period, the draw shall appears. After that time, a new notice open on less than four hours notice for of the appropriate length of time is re- an emergency and shall open on de- quired. mand should a temporary surge in waterway traffic occur. [CGD08–94–026, 60 FR 7123, Feb. 7, 1995, as amended by CGD08–95–024, 61 FR 4886, Feb. 9, [CGD 08–84–07, 50 FR 24195, June 10, 1985. Re- 1996; CGD08–96–025, 61 FR 39873, July 31, 1996; designated by USCG–2001–10881, 71 FR 70311, CGD8–97–037, 62 FR 52502, Oct. 8, 1997; CGD08– Dec. 4, 2006] 00–020, 65 FR 52022, Aug. 28, 2000]

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§ 117.493 Sabine River. holidays, the draw need only open on (a) The draw of the Union Pacific the hour. railroad bridge, mile 19.3 near Echo [USCG–2007–0079, 73 FR 12888, Mar. 11, 2008] shall open on signal if at least 14 days notice is given. § 117.501 Teche Bayou. (b) The Kansas City Southern rail- (a) The draws of the following bridges road bridge, mile 36.2 near Ruliff and shall open on signal if at least four the draw of the S12 bridge, mile 40.8 at hours notice is given: Starks, need not be opened for passage (1) St. Mary Parish bridge, mile 3.9 at of vessels. Calumet. [CGD08–95–017, 61 FR 4887, Feb. 9, 1996, as (2) St. Mary Parish bridge, mile 11.8 amended by USCG–2009–0101, 74 FR 41633, at Centerville. Aug. 18, 2009] (3) S3069 bridge, mile 16.3 at Frank- lin. § 117.494 Schooner Bayou Canal. (4) S322 bridge, mile 17.2 at Franklin. The draw of the S82 bridge, mile 4.0 (5) S323 bridge, mile 22.3 at Oaklawn. from White Lake at Little Prairie (6) St. Mary Parish bridge, mile 27.0 Ridge, shall open on signal; except at Baldwin. that, from 10 p.m. to 6 a.m. the draw (7) S324 bridge, mile 32.5 at shall open on signal if at least four Charenton. hours notice is given. The draw shall (8) S670 bridge, mile 37.0 at Adeline. open on less than four hours notice for (9) St. Mary Parish bridge, mile 38.9 an emergency and shall open on signal at Sorrel. should a temporary surge in waterway (10) S671 bridge, mile 41.8 at traffic occur. Jeanerette. [CGD 8–85–11, 50 FR 37175, Sept. 12, 1985] (11) S3182 bridge, mile 43.5 at Jeanerette. § 117.495 Superior Oil Canal. (12) LSU Agri bridge, mile 46.5 near The draw of the S82 bridge, mile 6.3, Jeanerette (notice required for opening in Cameron Parish shall open on signal from 7 a.m. to 5 p.m., Monday through if at least 8 hours notice is given. Pub- Friday except holidays). lic vessels of the United States and ves- (13) S320 bridge, mile 48.7 at Olivier. sels in distress shall be passed as soon (14) S3195 bridge, mile 50.4 at New as possible. Iberia. (15) S87 Spur bridge, mile 52.5 at New [CGD08–94–029, 60 FR 4561, Jan. 24, 1995] Iberia. (16) S86 bridge, mile 53.0 at New Ibe- § 117.497 Stumpy Bayou. ria. The removable span of the Louisiana (17) S3156 bridge, mile 53.3 at New highway bridge, mile 1.0 near Weeks Is- Iberia. land, shall be removed for the passage (18) S44 bridge, mile 56.7 at Morbihan. of vessels if at least six days notice is (19) Iberia Parish bridge, mile 58.0 at given. New Iberia. (20) Iberia Parish bridge, mile 60.7 at § 117.499 Tante Phine Pass. Vida. The draw of the Tidewater Associ- (21) S344 bridge, mile 62.5 at ated Oil Company bridge, mile 7.6 near Loreauville. Venice, shall open on signal if at least (22) S86 bridge, mile 69.0 at Daspit. 24 hours notice is given. (23) S92 bridge, mile 73.3 at St. Martinville. § 117.500 Tchefuncta River. (b) The draws of the S96 bridge, mile The draw of the S22 Bridge, mile 2.5, 75.2 at St. Martinville, and the S350 at Madisonville, shall open on signal, bridge, mile 82.0 at Parks, shall open from 7 p.m. to 6 a.m. From 6 a.m. to 7 on signal if at least 24 hours notice is p.m., the draw need only open on the given. hour and half hour, except that, from 6 (c) The draws of the S31 bridge, mile a.m. to 9 a.m. and from 4 p.m. to 7 p.m. 90.5, at Breaux Bridge, and the Union Monday through Friday except Federal Pacific railroad bridge, mile 91.0 at

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Breaux Bridge, shall open on signal if shall open on signal should a tem- at least 48 hours notice is given. porary surge in waterway traffic occur. (d) The draws of the bridges listed in [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as paragraph (a) of this section shall open amended by CGD 08–84–09, 50 FR 7586, Feb. 25, on less than four hours notice for an 1985; CGD8–89–02, 54 FR 27642, June 30, 1989; emergency during the advance notice CGD8–89–02, 54 FR 34769, Aug. 22, 1989; CGD8– period, and shall open on signal should 93–03, 58 FR 29973, May 25, 1993; CGD08–01–003, 66 FR 52687, Oct. 17, 2001; CGD08–04–028, 69 FR a temporary surge in waterway traffic 49813, Aug. 12, 2004] occur. § 117.507 Tigre Bayou. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08–83–04, 49 FR 35936, Sept. The draw of the S330 bridge, mile 2.3 13, 1984; CGD 8–85–16, 50 FR 50164, Dec. 9, 1985; near Delcambre, shall open on signal if CGD8–86–09, 52 FR 3225, Feb. 3, 1987; CGD8–89– at least four hours notice is given. The 12, 54 FR 53056, Dec. 27, 1989; CGD08–93–015, 58 draw shall open on less than four hours FR 43264, Aug. 16, 1993; USCG–1998–3799, 63 FR notice for an emergency and shall open 35527, June 30, 1998; CGD08–03–032, 68 FR on signal should a temporary surge in 55006, Sept. 22, 2003] waterway traffic occur. § 117.503 Tensas River. [CGD 8–85–08, 50 FR 52774, Dec. 26, 1985] The draws of the S15 bridge, mile 27.3 § 117.509 Vermilion River. at Clayton, and the S128 bridge, mile (a) The draw of the S82 bridge, mile 61.0 at New Light, shall open on signal 22.4 at Perry, shall open on signal; ex- if at least 48 hours notice is given. cept that, from 9 p.m. to 5 a.m. the [CGD08–04–034, 69 FR 60556, Oct. 12, 2004] draw shall open on signal if at least four hours notice is given. § 117.505 Terrebonne Bayou. (b) The draws of the following bridges shall open on signal; except that, from (a) The draw of the S58 bridge, mile 6 p.m. to 10 a.m. the draws shall open 22.2 at Montegut, and the draw of the on signal if at least four hours notice is S55 bridge, mile 27.3 at Klondyke, shall given: open on signal; except that from 9 p.m. (1) S14 bridge, mile 25.4 at Abbeville. to 5 a.m. the draws shall open on signal (2) S14 Bypass bridge, mile 26.0 at if at least four hours notice is given. Abbeville. (b) The draw of the S3087 bridge, mile (3) Vermilion Parish bridge, mile 34.2 33.9 at Houma, shall open on signal; ex- near Milton. cept that, from 5 p.m. to 9 a.m. the (4) S92 bridge, mile 37.6 at Milton. draw shall open on signal if at least (c) The draws of the following bridge four hours notice is given. shall open on signal if at least four (c) The draws of the Howard Avenue hours notice is given: (1) S733, mile 41.0 at Eloi Broussard. bridge, mile 35.0, and the Daigleville (2) S3073 bridge, mile 44.9 at New bridge, mile 35.5, at Houma, shall open Flanders. on signal; except that, the draws need (3) S182 bridge, mile 49.0 at Lafayette. not open for the passage of vessels (d) During the advance notice peri- Monday through Friday, except holi- ods, the draws of the bridges listed in days from 7 a.m. to 8:30 a.m. and 4:30 this section shall open on less than p.m. to 6 p.m. From 10 p.m. to 6 a.m., four hours notice for an emergency and the draws shall open on signal if at shall open on signal should a tem- least four hours notice is given. porary surge in waterway traffic occur. (d) During advance notice periods, [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as the draws of the bridges listed in this amended by CGD 08–83–05, 49 FR 31868, Aug. 9, section shall open on less than four 1984; CGD 8–85–13, 50 FR 40832, Oct. 7, 1985] hours notice for an emergency and § 117.511 West Pearl River. (a) The draw of the Norfolk Southern railroad bridge, mile 22.1 at Pearl River Station, shall open on signal if at least six hours notice is given.

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(b) The draw of the US 90 bridge, mile drawtender is on duty between 9 a.m. 7.9 near Pearlington, shall open on sig- and 5 p.m. From October 1 through nal if at least four hours notice is May 31, the draw shall open on signal given. after at least a twenty-four-hour ad- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as vance notice is given to the Maine De- amended by CGD 08–84–03, 49 FR 47231, Dec. 3, partment of Transportation Division 1984] Office in Rockland, Maine. [CGD1–89–077, 55 FR 11182, Mar. 27, 1990 as MAINE amended by CGD1 92–002, 57 FR 24190, June 8, 1992; CGD01–98–174, 64 FR 61521, Nov. 12, 1999; § 117.521 Back Cove. CGD01–00–193, 66 FR 9202, Feb. 7, 2001] The draw of the Canadian National railroad bridge, mile 0.2 at Portland, § 117.527 Kennebunk River. need not be opened for the passage of The Dock Square drawbridge at mile vessels. The draw shall be returned to 1.0, across the Kennebunk River, be- operable condition within six months tween Kennebunk and Kennebunkport, after notification from the District Maine, need not open for vessel traffic. Commander to do so. The owners of the bridge shall provide and keep in good legible condition, two § 117.523 Back River. board gages in accordance with 33 CFR The draw of the Maine Department of 118.160, of this chapter. Transportation highway bridge, mile 4.6 between Hodgdon and Barters Island [CGD01–99–024, 64 FR 60673, Nov. 8, 1999] at Boothbay, shall open on signal from § 117.529 Narraguagus River. June 1 through October 31; except that, from 5 p.m. to 8 a.m., the draw shall be The draw of the highway bridge, mile opened on signal if notice was given to 1.8 at Milbridge, shall open on signal if the drawtender from 8 a.m. to 5 p.m. at least 24 hours notice is given to the From November 1 through May 31 the Maine State Highway Commission, Di- draw shall open on signal if at least 24 vision Office at Ellsworth. hours notice is given to the drawtender [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR or to the Maine Department of Trans- 37382, Sept. 24, 1984] portation at Augusta. § 117.531 Piscataqua River. § 117.525 Kennebec River. (a) The following requirements apply (a) The draw of the Carlton Bridge, to all bridges across the Piscataqua mile 14.0, between Bath and Woolwich River: shall operate as follows: (1) Public vessels of the United (1) From May 15 through September States, commercial vessels over 100 30 the draw shall open on signal; except gross tons, inbound ferry service ves- that, from 5 p.m. to 8 a.m., the draw sels and inbound commercial fishing shall open on signal if a two-hour no- vessels must be passed through the tice is given by calling the number drawspan of each drawbridge as soon as posted at the bridge. possible. The opening signal from these (2) From October 1 through May 14 vessels is four or more short blasts of a the draw shall open on signal; except whistle, horn or a radio request. that, from 5 p.m. to 8 a.m., the draw (2) The owners of these bridges shall shall open on signal after a twenty-four provide and keep in good legible condi- hours notice is given and from 8 a.m. to tion clearance gauges for each draw 5 p.m., on Saturday and Sunday, after with figures not less than 18 inches an eight-hour notice is given by calling high designed, installed and main- the number posted at the bridge. tained according to the provisions of (b) The draw of the Route-197 bridge, § 118.160 of this chapter. mile 27.1, between Richmond and Dres- (3) Trains and locomotives shall be den shall open on signal from June 1 controlled so that any delay in opening through September 30, from 9 a.m. to 5 the draw shall not exceed five minutes. p.m. From 5 p.m. to 9 a.m., the draw However, if a train moving toward the shall open on signal after notice is bridge has crossed the home signal for given to the drawtender while the the bridge before the signal requesting

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opening of the bridge is given, that MARYLAND train may continue across the bridge and must clear the bridge interlocks § 117.543 Bear Creek. before stopping. (a) The draw of the Peninsula Park- (4) Except as provided in paragraphs way Bridge, mile 2.1, between Dundalk (b) through (c) of this section the draws and Sparrows Point, shall open on sig- shall open on signal. nal; except that, from April 16 through (b) The draw of the Memorial (US 1) November 15 from 12 midnight to 8 a.m. bridge, mile 3.5, shall open on signal; except Saturdays and Sundays, and except that from 15 May through 31 Oc- Federal and State holidays, at least tober, from 7 a.m. to 7 p.m., the draw one half hour notice is required. need be opened only on the hour and (b) The draw of the Baltimore County half hour for recreational vessels and highway bridge, mile 3.4 at Wise Ave- commercial vessels less than 100 gross nue between Dundalk and Sparrows tons except as provided in (a)(1). Point, shall open on signal if at least (c) The draw of the Sarah M. Long four hours notice is given. (Route 1 Bypass) bridge, mile 4.0, shall open as follows: [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (1) The main ship channel draw shall amended by USCG–2011–0816, 76 FR 65120, Oct. open on signal; except that from 15 20, 2011] May through 31 October, from 7 a.m. to § 117.547 Bush River. 7 p.m., the draw need be opened only at quarter of and quarter after the hour The draw of the Amtrak bridge, mile for recreational vessels and commer- 6.8 at Perryman, operates as follows: cial vessels less than 100 gross tons ex- (a) When notice under paragraph (b) cept as provided in (a)(1). of this section is given, the draw shall (2) The secondary recreation draw open twice a day— shall be left in the fully open position (1) From May 1 through September from 15 May through 31 October except 30, on each Saturday, Sunday, and Fed- for the crossing of a train in accord- eral holiday falling on a Friday or a ance with (a)(3) above. Monday; and (2) In October, on the Saturday and [CGD1–89–111, 55 FR 13275, Apr. 10, 1990, as Sunday of one weekend. amended by USCG–2001–10881, 71 FR 70311, (b) Notice of the need for an opening Dec. 4, 2006] is given to the Amtrak Assistant § 117.533 Sheepscot River. Transportation Superintendent at 301– 291–4278 by an authorized representa- The draw of the Maine Central Rail- tive of the Bush River Yacht Club by road Bridge, mile 15.0, between noon on the Friday just preceding the Wiscasset and North Edgecombe, day of opening or, if that Friday is a Maine, need not be opened for the pas- Federal holiday, by noon on the pre- sage of vessels. The draw of the Maine ceding Thursday. Central Railroad Bridge shall be re- (c) Amtrak determines the times for turned to operable condition within six openings and shall schedule the times— months after notification by the Dis- (1) During daylight hours; trict Commander to do so. (2) Six to ten hours apart; and [CGD01–97–128, 63 FR 18323, Apr. 15, 1998] (3) One opening before noon and one after noon. § 117.537 Townsend Gut. (d) Amtrak shall notify a representa- The draw of the Southport (SR27) tive of the Yacht Club of the times of Bridge, at mile 0.7, across Townsend all openings for the weekend (or ex- Gut between Boothbay Harbor and tended weekend) in question by 6 p.m. Southport, Maine shall open on signal; on the Friday just preceding the week- except that, from April 29 through Sep- end or, if that Friday is a Federal holi- tember 30, between 6 a.m. and 6 p.m., day, by 6 p.m. on the preceding Thurs- the draw shall open on signal on the day. hour and half hour only, after an open- (e) Each opening shall be of sufficient ing request is given. duration to pass waiting vessels. [CGD01–06–019, 71 FR 47098, Aug. 16, 2006] [CGD 5–85–01, 50 FR 18480, May 1, 1985]

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§ 117.549 Cambridge Harbor. (a) From October 1 through April 30, from 6 p.m. to 6 a.m., the draw shall The draw of the S342 bridge, mile 0.1 open if notice has been given to the at Cambridge, shall open on signal bridge tender before 6 p.m. from 6 a.m. to 8 p.m.; except that, from 12 noon to 1 p.m. Monday through Fri- (b) From May 25 through September day, the draw need not be opened. The 15, from 9:25 a.m. to 9:55 p.m., the draw draw need not be opened from 8 p.m. to shall open at 25 minutes after and 55 6 a.m. minutes after the hour for a maximum of five minutes to let accumulated ves- § 117.551 Chester River. sels pass, except that on Saturdays, from 1 p.m. to 5 p.m., the draw shall The draw of the S213 Bridge, mile open on the hour for all waiting vessels 26.8, at Chestertown, shall open on sig- and shall remain in the open position nal if at least six hours notice is given. until all waiting vessels pass. [USCG–2009–0796, 75 FR 10174, Mar. 5, 2010] (c) On July 4, the draw need not open from 9:30 p.m. until 10:30 p.m. to ac- § 117.553 Choptank River. commodate the annual July 4th fire- (a) The draw of the Maryland 331 works show. Should inclement weather bridge, mile 35.3, at Dover, shall open prevent the fireworks event from tak- on signal from 6 a.m. to 6 p.m., year- ing place as planned, the draw need not round, and the draw shall remain open from 9:30 p.m. until 10:30 p.m. on closed from 6 p.m. to 6 a.m., year- July 5th to accommodate the annual round, unless 24 hours advance notice July 4th fireworks show. is given by calling (301) 820–8592 or (301) [USCG–2010–0612, 76 FR 23187, Apr. 26, 2011, as 745–2096. amended by USCG–2011–0697, 76 FR 70348, (b) The draw of the Conrail bridge, Nov. 14, 2011] mile 50.9 at Denton, shall open on signal from May 30 through September 30 § 117.561 Kent Island Narrows. from sunrise to sunset and at all other The draw of the U.S. Route 50/301 times if at least four hours notice is bridge, mile 1.0, Kent Island Narrows, given. operates as follows: [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (a) From November 1 through April amended by CGD5–90–059, 55 FR 35622, Aug. 30, the draw shall open on signal from 31, 1990] 6 a.m. to 6 p.m. but need not be opened from 6 p.m. to 6 a.m. § 117.555 College Creek. (b) From May 1 through October 31, The draws of the Naval Academy the draw shall open on signal on the highway bridge, mile 0.3 at Annapolis, hour and half-hour from 6 a.m. to 9 and the Maryland highway bridge, mile p.m., but need not be opened from 9 0.4 at Annapolis, need not be opened for p.m. to 6 a.m. the passage of vessels. (c) The draw shall open on signal for public vessels of the United States, § 117.557 Curtis Creek. state and local government vessels The draw of the I695 bridge, mile 1.0 used for public safety purposes, and at Baltimore, shall open on signal if at vessels in distress. Operational infor- least a one-hour notice is given to the mation will be available 24 hours a day Maryland Transportation Authority in by calling 1–800–543–2515. Baltimore. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5–87–055, 53 FR 9888, Mar. 28, amended by USCG–2010–0351, 75 FR 49411, 1988; CGD05–05–019, 70 FR 38595, July 5, 2005] Aug. 13, 2010] § 117.563 Marshyhope Creek. § 117.559 Isle of Wight (Sinepuxent) The draw of the S14 bridge, mile 5.8 Bay. at Brookview, need not be opened for The draw of the US 50 Bridge, mile the passage of vessels. The operating 0.5, at Ocean City, shall open on signal, machinery shall be maintained in a except: serviceable condition.

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§ 117.565 Miles River. tion Building at the east end of the bridge before 6 p.m. The draw of the Route S370 bridge, mile 10.0 at Easton, Maryland, shall [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR open on signal; except that from No- 37382, Sept. 24, 1984] vember 1 through March 31, 24 hours a day, and from April 1 through October § 117.569 Pocomoke River. 31, from 6 p.m. to 6 a.m., a six-hour ad- (a) The Conrail railroad bridge, mile vance notice to the drawtender is re- 15.2, at Pocomoke City, shall open on quired for bridge openings. signal, except between November 1 and March 31 the draw must open only if at [CGD05–99–003, 64 FR 61209, Nov. 10, 1999] least five hours advance notice is given. § 117.566 Patapsco River—Middle Branch. (b) The draw of the Route 675 bridge, mile 15.6, at Pocomoke City, shall open (a) The draw of the Hanover Street on signal, except between November 1 S2 bridge, mile 12.0 across the Middle and March 31 the draw must open only Branch of the Patapsco River at Balti- if at least five hours advance notice is more, will open on signal from 5 a.m. given. to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 (c) The draw of the S12 bridge, mile p.m. to 9:00 p.m. The draw need not be 29.9, at Snow Hill, shall open on signal opened from 6:30 a.m. to 9:30 a.m. and 4 if at least five hours advance notice is p.m. to 6 p.m.; however, fire boats, po- given. lice boats, and other vessels engaged in emergency operations will be passed [CGD5–87–063, 53 FR 16548, May 10, 1988] immediately during this period. When a vessel desires to pass the draw from § 117.570 Sassafras River. 9 p.m. to 5 a.m., notice will be given to The draw of the Sassafras River the superintendent of the bridge, either (Route 213) bridge, mile 10.0 at George- at the bridge before 9 p.m. or at the su- town, Maryland, shall open on signal; perintendent’s residence after 9 p.m. If except that from November 1 through the notice is given from 5 a.m. to 9 p.m. March 31, from midnight to 8 a.m., the or if at least one half hour has elapsed draw need only open if at least a six- since the notice was given, the draw hour advance notice is given. will open promptly at the time re- [CGD05–99–006, 64 FR 61207, Nov. 10, 1999] quested. (b) The draw of the Western Mary- § 117.571 Spa Creek. land railroad bridge, mile 12.5 across The S181 bridge, mile 0.4, at Annap- the Middle Branch of the Patapsco olis, Maryland: River at Baltimore, shall open on sig- (a) From May 1 to October 31, Mon- nal from 7 a.m. to 12 noon and 1 p.m. to day through Friday, except Federal 4 p.m. Monday through Friday except and State holidays: legal holidays. At all other times, the (1) The draw shall remain closed from draw shall open if at least six hours no- 7:30 a.m. to 9:00 a.m. and from 4:30 p.m. tice is given. Marine firefighting equip- to 7:30 p.m., except the draw shall open ment and pollution control vessels at 6:00 p.m. and 7:00 p.m. for any vessels shall be passed as soon as possible but waiting to pass. in no event more than 15 minutes after (2) The draw shall open on the hour notice is given. and the half-hour, from 9:00 a.m. to 4:30 [CGD 82–025, 49 FR 17452, Apr. 24, 1984. Redes- p.m. ignated and amended by USCG–2012–0306, 77 (3) The draw shall open on the hour FR 37314, June 21, 2012] and half hour, from 7:30 p.m. to 7:30 a.m. § 117.567 Patuxent River. (b) From November 1 to April 30, The draw of S231 bridge, mile 18.5 at Monday through Friday, except Fed- Benedict, shall open on signal; except eral and State holidays: that, from 6 p.m. to 6 a.m., the draw (1) The draw shall remain closed from shall open on signal if notice is given 7:30 a.m. to 9:00 a.m. and from 4:30 p.m. to the Toll Captain at the Administra- to 6:00 p.m.

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(2) The draw shall open on signal § 117.579 Wicomico River (North from 9:00 a.m. to 4:30 p.m. and from 6:00 Prong). p.m. to 7:30 a.m. The draws of the Main Street and (c) On Saturdays, Sundays, and holi- U.S. 50 bridges, mile 22.4, Salisbury, days year-round, the draw shall open Maryland shall open on signal if at on the hour and half-hour for vessels least four hours notice is given by call- waiting to pass. Except on July 4th of ing the telephone contact number at every year from 8:30 p.m. to 11 p.m., (410) 430–7461. the draw need not open for vessels, and in the event of inclement weather, the [CGD05–07–025, 72 FR 42307, Aug. 2, 2007] alternate date is July 5th. MASSACHUSETTS (d) The drawspan must always open on signal for public vessels of the § 117.585 Acushnet River. United States. (a) The drawspan will be opened [CGD5–90–002, 55 FR 4604, Feb. 9, 1990, as promptly, provided proper signal is amended by CGD05–94–08, 59 FR 44316, Aug. given, on the following schedule: 29, 1994; CGD05–04–052, 69 FR 63066, Oct. 29, (1) On the hour between 6:00 a.m. and 2004; USCG–2001–10881, 71 FR 70311, Dec. 4, 10:00 a.m. inclusive; 2006; USCG–2012–0306, 77 FR 37314, June 21, (2) At a quarter past the hour be- 2012] tween 11:15 a.m. and 6:15 p.m. inclusive. § 117.573 Stoney Creek. (3) At all other times on call. (b) The draw will be opened at any The draw of the Stoney Creek (S173) time for vessels whose draft exceeds 15 bridge, mile 0.9, in Riviera shall open feet, for vessels owned or operated by on signal, except: the U.S. Government, the State of Mas- (a) From 6:30 a.m. to 9 a.m. and from sachusetts, or by local authorities. 3:30 p.m. to 6:30 p.m., Monday through (c) Each opening of the draw, from Friday except Federal and State holi- the time vehicular traffic flow is days, the draw need be opened only at stopped until the flow resumes, shall 7:30 a.m. and 5 p.m. if any vessels are not exceed 15 minutes except for ves- waiting to pass. sels whose draft exceeds 15 feet or in (b) From 11 a.m. to 7 p.m. on Satur- extraordinary circumstances. day and from 12 p.m. to 5 p.m. on Sun- (d) From 6 p.m. on December 24 to day, the draw need be opened only on midnight on December 25 and from 6 the hour and half hour. p.m. on December 31 to midnight on (c) Public vessels of the United January 1, the draw shall open on sig- States must be passed as soon as pos- nal if at least a two-hour notice is sible. given by calling the number posted at the bridge. [CGD5–92–012, 57 FR 14643, Apr. 22, 1992, as amended by USCG–2001–10881, 71 FR 70311, [CGD 1–84–10R, 49 FR 36841, Sept. 20, 1984, as Dec. 4, 2006] amended by CGD01–00–135, 65 FR 38207, June 20, 2000] § 117.575 Susquehanna River. § 117.586 Annisquam River and The draw of the Conrail bridge, mile Blynman Canal. 1.0 at Havre de Grace, shall open on signal if at least 24 hours notice is The draw of the Blynman (SR127) given. Bridge shall open on signal, except that, from noon to 6 p.m. on Thanks- § 117.577 Weems Creek. giving Day, 6 p.m. on December 24 to midnight on December 25, and from 6 The draw of the S437 bridge, mile 0.7 p.m. on December 31 to midnight on at West Annapolis, shall open on signal January 1, the draw shall open on sig- from sunrise to sunset from May 1 nal if at least a two-hour advance no- through September 30. At all other tice is given by calling the number times, the draw shall open on signal if posted at the bridge. at least five hours notice is given. [CGD01–04–096, 69 FR 67058, Nov. 16, 2004]

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§ 117.587 Apponagansett River. trains or for maintenance. No signal is (a) The draw of the Padanaram required if the draw is in the fully open Bridge, mile 1.0, shall open on signal position. from 1 May through 31 October, be- (b) If the draw is not in the fully open tween 6 a.m. and 9 p.m., daily, as fol- position, the opening signal is one pro- lows: longed and one short blast. (1) The bridge shall open on signal, (c) Signals to be sounded from the twice an hour, on the hour and half bridge are— hour between 6 a.m. and 9 a.m. and be- (1) Immediately preceding the open- tween 8 p.m. and 9 p.m. ing of the draw, one prolonged blast; (2) The bridge shall open on signal, (2) Immediately preceding the closing once an hour, on the hour between 9 of the draw, two prolonged blasts; a.m. and 8 p.m. (3) When a vessel has sounded the (b) At all other times the bridge shall opening signal and the draw cannot be open if at least four (4) hours advance opened immediately, five short blasts notice is given. in a rapid succession; and (c) The owners of this bridge shall (4) When the draw is closed and visi- provide and maintain mooring facili- bility is reduced in foggy weather, five ties for vessels to make fast while short blasts in rapid succession every waiting for the bridge to open. two minutes. (d) The owners of this bridge shall provide and keep in good legible condi- § 117.591 Charles River and its tribu- tion, clearance gauges for each draw taries. with figures not less than twelve (12) (a) The following requirements apply inches high designed, installed and to all bridges across the Charles River maintained according to the provisions and it’s tributaries: of section 118.160 of this chapter. (1) Public vessels of the United [CGD01–95–008, 60 FR 29761, June 6, 1995 as States, state or local vessels used for amended at USCG–2011–0335, 76 FR 64010, Oct. public safety, and vessels in distress 17, 2011] shall be passed through the draw of each bridge as soon as possible without § 117.588 Bass River. delay at any time. The opening signal The Hall Whitaker Bridge, mile 0.6 at from these vessels is four or more short Beverly, shall operate as follows: blasts of a whistle or horn, or a radio (a) Public vessels of the United request. States must be passed as soon as pos- (2) The owners of these bridges shall sible. provide and keep in good legible condi- (b) The owners of this bridge shall tion clearance gauges for each draw provide and keep in good legible condi- with figures not less than 12 inches tion clearance gauges for each draw high designed, installed and main- with figures not less than 12 inches tained according to the provisions of high designed, installed and main- § 118.160 of this chapter. tained according to the provisions of (3) Trains and locomotives shall be § 118.160 of this chapter. controlled so that any delay in opening (c) That the drawspan for the Hall the draw span shall not exceed ten Whitaker Drawbridge must open on minutes. However, if a train moving to- signal if at least 24 hours notice is ward the bridge has crossed the home given. signal for the bridge before the signal [CGD1–91–015, 56 FR 41460, Aug. 21, 1991, as requesting opening of the bridge is amended by USCG–2001–10881, 71 FR 70311, given, that train may continue across Dec. 4, 2006] the bridge and must clear the bridge interlocks before stopping. § 117.589 Cape Cod Canal. (4) Except as provided in paragraph The draw of the Conrail railroad (b) through (f) of this section, the bridge, mile 0.7 at Bourne, shall oper- draws shall open on signal. ate as follows: (b) The draw of the Charlestown (a) The draw is normally in the fully Bridge, mile 0.4 at Boston, need not be open position except for the passage of opened for the passage of vessels.

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(c) The draw of the Massachusetts § 117.595 Danvers River. Bay Transportation Authority (MBTA/ (a) The requirements in this para- Amtrak Bridge, mile 0.8, at Boston, graph apply to all bridges across the shall open on signal; except that from Danvers River: 6:15 a.m. to 9:10 a.m. and 4:15 p.m. to (1) The owners of these bridges shall 6:30 p.m., Monday through Friday, ex- provide and keep in good legible condi- cept holidays, the draw need not be tion clearance gauges for each draw opened for the passage of vessels, ex- with figures not less than 12 inches cept as stated in paragraph (a)(1) of high, designed, installed, and main- this section. tained according to the provisions of (d) The draw of the Massachusetts § 118.160 of this chapter. Bay Transportation Authority (East (2) Trains and locomotives shall be Cambridge Viaduct) railroad Bridge, controlled so that any delay in opening mile 1.0 at Boston, need not be opened the draw span shall not exceed ten for the passage of vessels. However, the minutes. However, if a train moving to- operating machinery of the draw shall ward the bridge has crossed the home be maintained in an operable condi- signal for the bridge before the signal tion. requesting opening of the bridge is (e) The draw of the Metropolitan Dis- given, that train may continue across trict Commission (Craigie) Bridge, mile the bridge and must clear the bridge 1.0 at Boston, shall operate as follows: interlocks before stopping. (1) Open on signal; except that from (b) The draw of the Massachusetts 6:15 a.m. to 9:10 a.m. and 3:15 p.m. to Bay Transportation Authority (MBTA)/ 6:30 p.m., Monday through Friday, ex- AMTRAK Bridge, at mile 0.05, between cept holidays, the draw need not open Salem and Beverly, shall open on sig- for the passage of vessels, except as nal; except that, from midnight to 5 stated in paragraph (a)(1) of this sec- a.m., daily, and on December 25 and tion. January 1, the draw shall open as soon (2) From December 1 to March 31, the as possible, but not more than one hour draw shall open on signal after a 24 after notice is given to the drawtenders hour advance notice is given. either at the bridge during the time the drawtenders are on duty or by call- (3) From midnight to 8 a.m., April, ing the number posted at the bridge. May, October, and November, the draw (c) The Kernwood Bridge, at mile 1.0, shall open on signal after at least an shall operate as follows: eight-hour advance notice is given. (1) From May 1 through September (f) The draws of the bridges across 30, midnight to 5 a.m., and from Octo- Broad Canal, mile 0.0, need not open for ber 1 through April 30, 7 p.m. to 5 a.m., the passage of vessels. However, the draw shall open on signal after at least draws shall be returned to operable a one-hour advance notice is given by condition within one year after notifi- calling the number posted at the cation by the District Commander to bridge. do so. (2) From noon to 6 p.m. on Thanks- [CGD1 91–141, 57 FR 30405, July 9, 1992, as giving Day and all day on Christmas amended by CGD01–02–026, 68 FR 59116, Oct. and New Years Day, the draw shall 14, 2003] open on signal after at least a one-hour advance notice is given by calling the § 117.593 Chelsea River. number posted at the bridge. All drawbridges across the Chelsea [CGD01–99–148, 64 FR 46275, Aug. 25, 1999, as River shall open on signal. The opening amended by CGD01–04–096, 69 FR 67058, Nov. signal for each drawbridge is two pro- 16, 2004] longed blasts followed by two short blasts and one prolonged blast. The ac- § 117.597 Dorchester Bay. knowledging signal is three prolonged The draw of the of the William T. blasts when the draw can be opened im- Morrisey Boulevard Bridge, mile 0.0, at mediately and is two prolonged blasts Boston, shall operate as follows: when the draw cannot be opened or is (a) From 7:30 a.m. to 9 a.m. and 4:30 open and must be closed. p.m. to 6 p.m., Monday through Friday,

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except holidays, the draw need not (3) The draw shall open on signal if at open for the passage of vessel traffic. least 8 hours advance notice is given: (b) The draw shall open on signal (i) At all times on Christmas, New from April 16 through May 31, from 8 Years, Easter and all Sundays in Janu- a.m. through midnight, except as pro- ary and February. vided in paragraph (a) of this section. (ii) At all other times not stipulated From midnight through 8 a.m. at least in paragraphs (c)(1) and (c)(2) of this an eight-hour advance notice is re- section. quired for bridge openings. (c) The draw shall open on signal at [CGD1 90–024, 55 FR 20263, May 16, 1990] all times from June 1 through Sep- § 117.599 Fort Point Channel. tember 30, except as provided in paragraph (a) of this section. The draw of the Northern Avenue (d) The draw shall open on signal Bridge, mile 0.1, at Boston, shall oper- from October 1 through October 14, 8 ate as follows: a.m. through midnight, except as pro- (a) From May 1 through October 31, vided in paragraph (a) of this section. the draw shall open on signal from 7 From midnight through 8 a.m. at least a.m. to 11 p.m. From 11 p.m. to 7 a.m. an eight-hour advance notice is re- the draw shall open on signal if at least quired for bridge openings. a two-hour advance notice is given by (e) The draw shall open on signal calling the number posted at the from October 15 through April 15, after bridge. at least a 24 hours notice is given, ex- (b) From November 1 through April cept as provided in paragraph (a) of 30, the draw shall open on signal from this section. 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. [CGD01–02–026, 68 FR 59116, Oct. 14, 2003] the draw shall open on signal if at least a twenty-four hours advance notice is § 117.598 Eel Pond Channel. given by calling the number posted at The following requirements apply to the bridge. the draw of Eel Pond (Water Street) [CGD01–00–234, 66 FR 10817, Feb. 20, 2001] drawbridge at mile 0.0 at Falmouth, Massachusetts. § 117.600 Lagoon Pond. (a) The draw shall open at all times The draw of the Lagoon Pond Bridge, as soon as possible for a public vessels mile 0.0 in Tisbury, Massachusetts, of the United States, State or local shall operate as follows: vessels used for public safety, and ves- (a) The draw shall open on signal sels in distress. The opening signal for from May 15 through September 15, these vessels shall be four or more from 8:15 a.m. to 8:45 a.m., from 10:15 short blast of a whistle, horn, or radio a.m. to 11 a.m., from 3:15 p.m. to 4 p.m., request. from 5 p.m. to 5:45 p.m., and from 7:30 (b) The owners of this bridge shall p.m. to 8 p.m. At all other times the provide and keep in good legible condi- draw will open for the passage of ves- tion clearance gauges for each draw sels if at least four (4) hours advance with figures not less than 12 inches notice is given by calling the number high designed, installed and main- posted at the bridge. tained according to the provisions of (b) The draw shall open on signal section 118.160 of this chapter. from September 16 through May 14 if at (c) The draw shall operate as follows: least a twenty-four (24) hours advance (1) On signal from October 15 through notice is given by calling the number May 14, from 8 a.m. to 5 p.m. except as posted at the bridge. provided in paragraph (c)(3)(i) of this (c) The owners of this bridge shall section. provide and keep in good legible condi- (2) Need open on signal only on the tion, clearance gauges for each draw hour and half hour as follows: with figures not less than twelve (12) (i) From May 15 through June 14 and inches high designed, installed and from September 16 through October 14, maintained according to the provisions from 7 a.m. to 7 p.m. of section 118.160 of this chapter. (ii) From June 15 through September 15, from 6 a.m. to 9 p.m. [CGD01–95–001, 60 FR 51729, Oct. 3, 1995]

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§ 117.601 Malden River. passed through the drawspans as soon The draw of the S16 bridge, mile 0.3 as possible. between Medford and Everett, need not [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as be opened for the passage of vessels. amended by CGD01–94–094, 60 FR 58518, Nov. 28, 1995; CGD01–99–029, 65 FR 24640, Apr. 27, [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR 2000; USCG–2001–10881, 71 FR 70311, Dec. 4, 37382, Sept. 24, 1984] 2006]

§ 117.603 Manchester Harbor. § 117.607 Mitchell River. The Massachusetts Bay Transpor- The Chatham Highway Bridge, at tation Authority Bridge at mile 1.0 in mile 0.2, at Chatham, Massachusetts, Manchester, shall operate as follows: shall operate as follows: (a) The draw shall open on signal— (a) From May 1 through October 31, (1) From Memorial Day through Sep- the draw shall open on signal from 8 tember 30 from 7 a.m. to 11 p.m.; a.m. to 5 p.m., if at least one-hour no- (2) From April 1 to Memorial Day and tice is given and from 5 p.m. to 8 a.m. from October 1 to November 1 from 9 the draw shall open on signal if at least a.m. to 1 p.m. and 2 p.m. to 6 p.m. 12-hours notice is given by calling the (b) At all other times, the draw shall Chatham Harbormasters Department. open on signal with at least four hours (b) From November 1 through April notice. 30, the draw shall open on signal if at (c) The owner of this bridge shall pro- least a 24-hours advance notice is given vide and keep in good legible condition, by calling the Chatham Harbormasters clearance gauges for each draw with Department. figures not less than twelve (12) inches high designed, installed and main- [CGD01–05–006, 70 FR 32235, June 2, 2005] tained in accordance with the provisions of section 118.160 of this chapter. § 117.609 Mystic River. (a) The draw of the S99 Alford Street [CGD01–97–022, 62 FR 50509, Sept. 26, 1997] Bridge, mile 1.4, shall open on signal; § 117.605 Merrimack River. except that, Monday through Satur- day, excluding holidays, the draw need (a) The draw of the Newburyport US1 not open for the passage of vessel traf- Bridge, mile 3.4, shall operate as fol- fic from 7:45 a.m. to 9 a.m., 9:10 a.m. to lows: 10 a.m., and 5 p.m. to 6 p.m., daily. (1) From May 1 through November 15, From November 1 through March 31, from 6 a.m. to 10 p.m., the draw shall between 3 p.m. and 7 a.m., at least an open on signal; except that, from Me- eight-hour advance notice is required morial Day through Labor Day, from 6 for bridge openings by calling the num- a.m. to 10 p.m., the draw shall open on ber posted at the bridge. signal only on the hour and half hour. (b) The draw of the Wellington (2) At all other times the draw shall Bridge, mile 2.5, need not open for the open on signal after at least a one-hour passage of vessel traffic. advance notice is given by calling the number posted at the bridge. [CGD01–02–020, 67 FR 63261, Oct. 11, 2002] (b) The draw of the Boston and Maine railroad bridge, mile 3.4 at Newbury- § 117.611 Neponset River. port, is normally maintained in the The Granite Avenue Bridge, mile 2.5, fully open position. When the draw is between Boston and Milton, Massachu- in the closed position, a drawtender setts, shall operate as follows: shall be on duty and the draw shall (a) The draw of the Granite Avenue open on signal. Bridge shall open on signal from May 1 (c) The drawspans for the Massachu- through October 31; 6 a.m. to 12 mid- setts Department of Public Works night. At all other times the draw shall drawbridges, mile 5.8 at Newburyport open on signal if at least one hour ad- and mile 12.6 at Rock Village, and vance notice is given by calling the Groveland Drawbridge, mile 16.5 at number posted at the bridge. Groveland, must open on signal if at (b) The owners of this bridge shall least two hours notice is given. Public provide and keep in good legible condi- vessels of the United States must be tion, clearance gauges for each draw

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with figures not less than twelve (12) minutes. However, if a train moving to- inches high designed, installed and ward the bridge has crossed the home maintained according to the provisions signal for the bridge before the signal of § 118.160 of this chapter. requesting opening of the bridge is [CGD01–94–087, 60 FR 54432, Oct. 24, 1995] given, the train may continue across the bridge and must clear the bridge § 117.613 North River. interlocks before stopping. The draw of the Plymouth County (b) The draw of the General Edwards (Bridge Street) Bridge, mile 4.0, at SR1A Bridge, mile 1.7, between Revere Norwell, shall open on signal from May and Lynn, shall open on signal; except 1 through October 31 if at least four that, from April 1 through November hours notice is given. From November 30, from midnight through 8 a.m. at 1 through April 30, the draw shall open least an eight-hour advance notice is on signal if at least 24 hours notice is required for bridge openings, and at all given. times from December 1 through March [CGD01–97–126, 63 FR 18323, Apr. 15, 1998] 31, at least an eight-hour advance notice is required for bridge openings. § 117.615 Plum Island River. (c) The Fox Hill (SR107) Bridge, at The draw of the Plum Island Turn- mile 2.5, shall operate as follows: pike Bridge, mile 3.3 between Newbury- (1) The draw shall open on signal, export and Plum Island, shall operate as cept that, from October 1 through May follows: 31, from 7 p.m. to 5 a.m., the draw shall (a) From April 1 through November open after at least a one-hour advance 30, 5 a.m. to 9 p.m., the draw shall open notice is given by calling the number on signal if at least one hour advance posted at the bridge. notice is given by calling the number (2) From noon to 6 p.m. on Thanks- posted at the bridge. At all other times the draw shall open on signal if at least giving Day, and all day on Christmas, three hours advance notice is given. and New Years Day, the draw shall (b) The owners of this bridge shall open on signal after at least a one-hour provide and keep in good legible condi- advance notice is given by calling the tion, clearance gauges for each draw number posted at the bridge. with figures not less than twelve (12) [CGD1 91–004, 56 FR 60064, Nov. 27, 1991, as inches high, designed, installed and amended by CGD01–94–150, 60 FR 51730, Oct. 3, maintained according to the provisions 1995; GD01–02–026, 68 FR 59116, Oct. 14, 2003; of § 118.160 of this chapter. CGD01–04–096, 69 FR 67058, Nov. 16, 2004] [CGD01–94–057, 60 FR 54431, Oct. 24, 1995] § 117.619 Taunton River. § 117.618 Saugus River. (a) The Brightman Street (Route-6) (a) The following requirements apply Bridge at mile 1.8, between Fall River to all bridges across the Saugus River: and Somerset, shall operate as follows: (1) Public vessels of the United (b) The draw shall open on signal be- States, state or local vessels used for tween 5 a.m. and 9 p.m., daily. From 9 public safety, and vessels in distress p.m. through 5 a.m. the draw shall open shall be passed through the draw of on signal after at least a one-hour ad- each bridge as soon as possible at any vance notice is given by calling the time. The opening signal from these number posted at the bridge. vessels is four or more short blasts of a whistle or horn or a radio request. (c) From June 1 through August 31, (2) The owners of these bridges shall the draw need not open for the passage provide and keep in good legible condi- of pleasure craft from 7 a.m. to 9:30 tion clearance gauges with figures not a.m. and from 4 p.m. to 6:30 p.m., Mon- less than 12 inches high designed, in- day through Friday, except holidays. stalled and maintained according to The draw shall open for commercial provisions of § 118.160 of this chapter. vessels at all times. (3) Trains and locomotives shall be (d) From 6 p.m. on December 24 to controlled so that any delay in opening midnight on December 25, and from 6 the draw span shall not exceed seven p.m. on December 31 to midnight on

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January 1, the draw shall open on sig- notice is given by calling the number nal if at least a two-hour advance no- posted at the bridge. tice is given by calling the number [CGD01–94–159, 60 FR 2688, Jan. 11, 1995, as posted at the bridge. amended by CGD01–00–135, 65 FR 38207, June (e) The owner of the bridge shall pro- 20, 2000; CGD01–04–096, 69 FR 67058, Nov. 16, vide and keep in good legible condition 2004] clearance gauges located on both up- § 117.622 West Bay stream and downstream sides of the draw with figures not less than twelve The draw of the West Bay Bridge, inches in height, designed, installed mile 1.2, at Osterville, shall operate as and maintained according to the provi- follows: (1) From November 1 through April sions of § 118.160 of this chapter. 30, the draw shall open on signal if at [USCG–2010–0234, 75 FR 51940, Aug. 24, 2010] least a twenty-four hours advance notice is given. § 117.620 Westport River—East (2) From May 1 through June 15, the Branch. draw shall open on signal from 8 a.m. The Westport Point Bridge, mile 1.2 to 6 p.m. at Westport, shall operate as follows: (3) From June 16 through September 30, the draw shall open on signal from (a) Public vessels of the United 7 a.m. to 9 p.m. States must be passed as soon as pos- (4) From October 1 through October sible. 31, the draw shall open on signal from (b) The owners of this bridge shall 8 a.m. to 6 p.m. provide and keep in good legible condi- (5) At all other times from May 1 tion clearance gauges for each draw through October 31, the draw shall with figures not less than 12 inches open on signal if at least a four-hours high designed, installed, and main- advance notice is given by calling the tained, according to the provisions of number posted at the bridge. § 118.160 of this chapter. [CGD01–01–038, 66 FR 46525, Sept. 6, 2001] (c) That the drawspan for the West- port Point Drawbridge, mile 1.2 at MICHIGAN Westport, must open on signal if at least 24 hours notice is given. § 117.624 Black River (South Haven). The draw of the Dyckman Avenue [CGD1–91–014, 56 FR 41462, Aug. 21, 1991, as bridge, mile 1.9 at South Haven, shall amended by USCG–2001–10881, 71 FR 70311, Dec. 4, 2006] open as follows: (a) From May 1 through October 14— § 117.621 Fore River. (1) From 7 a.m. to 11 p.m., seven days a week the draw need open only on the The draw of the Quincy Weymouth hour and half-hour; however, Mondays SR3A bridge, mile 3.5 between Quincy through Fridays the draw need not Point and North Weymouth, Massachu- open at 12 noon and 1 p.m. Commercial setts, shall open on signal, except that: vessels shall be passed through the (a) From 6:30 a.m. to 9 a.m. and from draw of this bridge as soon as possible 4:30 p.m. to 6:30 p.m., Monday through even though this regulated period is in Friday, except holidays observed in the effect. locality, the draw need not be opened. (2) From 11 p.m. to 7 a.m., no (b) The draw shall open on signal at bridgetender is required to be in con- all times for self-propelled vessels tinuous attendance at the bridge and greater than 10,000 gross tons. the draw shall open on signal for com- (c) From noon to 6 p.m. on Thanks- mercial vessels and pleasure craft if at giving Day, from 6 p.m. on December 24 least a three hour advance notice is given. to midnight on December 25, and from (b) From October 15 through April 30, 6 p.m. on December 31 to midnight on the draw shall open on signal for the January 1, the draw shall open on sig- passage of commercial vessels and nal after at least a two-hour advance pleasure craft if at least a twelve hour advance notice is given.

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(c) At all times, the draw shall open (2) Between the hours of 6 a.m. and 6 as soon as possible for public vessels of p.m., seven days a week, the draw need the United States, state or local gov- open only from three minutes before to ernment vessels used for public safety three minutes after the quarter-hour and vessels in distress. and three-quarter hour. (c) From December 15 through March [CGD 09 85–21, 51 FR 13219, Apr. 18, 1986] 31, no bridgetender is required to be at § 117.625 Black River. the bridge and the draw need not open unless a request to open the draw is (a) For all drawbridges across the given at least 12-hours in advance of a Black River, notice requesting the vessels intended time of passage opening of a draw may be given to the through the draw. dispatcher of the Port Huron Police (d) At all times, the draw shall open Department. Public vessels of the as soon as possible for the passage of United States, state or local vessels public vessels of the United States, used for public safety, and vessels in State or local vessels used for public distress shall be passed through each safety, commercial vessels, and vessels drawbridge on the river as soon as pos- in distress. sible. (b) The draws of the Military Street [CGD09–91–03, 56 FR 37474, Aug. 7, 1991, as bridge, mile 0.3, and Seventh Street amended by CGD09–01–008, 66 FR 32749, June 18, 2001] bridge, mile 0.5, both at Port Huron, shall open on signal; except that, from § 117.631 Detroit River (Trenton Chan- May 1 through October 31 from 9 a.m. nel). to 5:30 p.m. Monday through Saturday (a) The draw of the Grosse Ile Toll except Federal holidays, the draw need bridge (Bridge Road), mile 8.8, at be opened only on the hour and half Grosse Ile, shall operate as follows: hour and, from November 1 through (1) Between the hours of 7 a.m. and 11 November 30 and April 1 through April p.m., seven days a week and holidays, 30 from 4 p.m. to 8 a.m., the draw shall the draw need open only from three open if at least three hours notice is minutes before to three minutes after given. From December 1 through the hour and half-hour for pleasure March 31, the draw shall open if at craft; for commercial vessels, during least 24 hours notice is given. this period of time, the draw shall open (c) The draw of the Tenth Street on signal as soon as possible. bridge, mile 0.9 at Port Huron, shall (2) Between the hours of 11 p.m. and open on signal— 7 a.m., the draw shall open on signal (1) From May 1 through October 31 for pleasure craft and commercial ves- from 8 a.m. to 11 p.m. and from 11 p.m. sels. to 8 a.m., if at least one hours notice is (b) The draw of the Wayne County given; highway bridge (Grosse Ile Parkway), (2) From April 1 through April 30 and mile 5.6, at Grosse Ile, shall operate as November 1 through November 30, if at follows: least three hours notice is given; and (1) From March 16 through December (3) From December 1 through March 14— 31, if at least 24 hours notice is given. (i) Between the hours of 7 a.m. and 11 p.m., seven days a week and holidays, § 117.627 Cheboygan River. the draw need open only from three The draw of the US 23 highway minutes before to three minutes after bridge, mile 0.9 at Cheboygan shall op- the quarter and three-quarter hour for erate as follows: pleasure craft, with no opening re- (a) From April 1 through May 15 and quired at 7:45 a.m., 8:45 a.m., 4:15 p.m. from September 16 through December and 5:15 p.m., Monday through Friday, 14, the draw shall open on signal. except holidays; for commercial ves- (b) From May 16 through September sels, during these periods of time, the 15— draw shall open on signal as soon as (1) Between the hours of 6 p.m. and 6 possible. a.m., seven days a week, the draw shall (ii) Between the hours of 11 p.m. and open on signal. 7 a.m., the draw shall open on signal

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for pleasure craft and commercial ves- shall open on signal if at least 24 hours sels. notice is given. (2) From December 15 through March [CGD 82–025, 49 FR 17452, Apr. 24, 1984] 15, no bridgetenders are required to be on duty at the bridge and the bridge § 117.637 Manistee River. shall open on signal if at least a twelve-hour advance notice is given. (a) The draws of the Maple Street (c) At all times, the bridges listed in bridge, mile 1.1, and US–31 highway this section shall open as soon as pos- bridge, mile 1.4, both at Manistee, shall sible for public vessels of the United operate as follows: States, State or local government ves- (1) From May 1 through October 31, sels used for public safety and vessels between 7 a.m. to 11 p.m., the bridges in distress. shall open on signal. From 11 p.m. to 7 a.m., the bridges need not open unless [CGD09 87–07, 52 FR 39520, Oct. 22, 1987, as notice is given at least two hours in ad- amended by USCG–2005–21531, 70 FR 36349, vance of a vessel’s time of intended June 23, 2005] passage through the draws. § 117.633 Grand River. (2) From November 1 through April 30, the bridges need not open unless no- (a) Public vessels of the United tice is given at least 24 hours in ad- States, state or local vessels used for vance of a vessel’s time of intended public safety, commercial vessels, and passage through the draws. vessels in distress shall be passed (b) The CSX Transportation railroad through the draw of each bridge as bridge, mile 1.5, at Manistee, shall open soon as possible. on signal from May 1 to October 31. (b) The draw of the CSX Transpor- tation Corp. railroad bridge, mile 2.8 at From November 1 to April 30, the Grand Haven, shall open on signal; ex- bridge need not open unless notice is cept that, from December 15 through given at least 24 hours in advance of a March 15, the draw shall open on signal vessel’s time of intended passage if at least 12 hours notice is given. through the draw. (c) The draw of the U.S. Route 31 [CGD 09–93–006, 58 FR 52442, Oct. 8, 1993, as bridge, mile 2.9 at Grand Haven, shall amended by CGD09–97–014, 62 FR 43931, Aug. open on signal for pleasure craft- 18, 1997] (1) From March 16 through December 14, from 6:30 a.m. to 8:30 p.m., seven § 117.639 Ontonagon River. days a week, once an hour, on the half- The draw of the S64 bridge, mile 0.2 hour; except the draw need not open for at Ontonagon, shall open on signal pleasure craft at 7:30 a.m., 12:30 p.m., from April 1 through November 15 from and 5:30 p.m. on Monday, Tuesday, 7 a.m. to 11 p.m. and from 11 p.m. to 7 Thursday, and Friday, and at 7:30 a.m., a.m., if at least one hour notice is 12:30 p.m., and 4:30 p.m. on Wednesday. given. From November 16 through (2) From December 15 through March March 31, the draw shall open on signal 15, if at least 12 hours notice is given. if at least 24 hours notice is given. (d) The draw of the Grand Trunk Western railroad bridge, mile 0.2 across § 117.641 Pine River (Charlevoix). the mouth of Spring Lake, shall open (a) The draw of the U.S. 31 bridge, on signal; except that, from December mile 0.3 at Charlevoix, shall be oper- 15 through March 15, the draw shall ated as follows: open on signal if at least 24 hours no- (1) From April 1 through December tice is given. 31, the draw shall open on signal; ex- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as cept from 6 a.m. to 10 p.m., April 1 to amended by CGD09–97–008, 62 FR 43098, Aug. October 31, the draw need open only 12, 1997] from three minutes before to three minutes after the hour and half-hour § 117.635 Keweenaw Waterway. for recreational vessels. Public vessels The draw of the US41 bridge, mile of the United States, state or local ves- 16.0 between Houghton and Hancock, sels used for public safety, commercial shall open on signal; except that, from vessels, vessels in distress, and vessels January 1 through March 15, the draws seeking shelter from severe weather

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shall be passed through the draw as reational vessels only from three min- soon as possible. utes before to three minutes after the (2) From January 1, through March quarter-hour and three-quarter hour. 31, the draw shall open on signal if at (2) From January 1 through March 31, least 12 hours advance notice is pro- the draws of these bridges shall open vided prior to a vessel’s intended time on signal if at least 12 hours advance of passage. notice is provided. (b) The owner of the bridge shall provide and keep in good legible condition [USCG–2011–1013, 77 FR 21866, Apr. 12, 2012] two board gauges painted white with black figures not less than six inches § 117.651 St. Joseph River. high to indicate the vertical clearance The draws of the US33 (Blossomland) under the closed draw at all water lev- bridge, mile 0.9, and the BL–94 (Bicen- els. The gages shall be placed on the tennial) bridge, mile 1.3, both at St. Jo- bridge so that they are plainly visible seph, shall be operated as follows: to operators of vessels approaching the (a) From March 1 through May 14, bridge either up or downstream. from October 1 through December 15, [CGD09–00–001, 65 FR 15240, Mar. 22, 2000] and from 8 p.m. to 7 a.m. from May 15 through September 30, the draws shall § 117.643 Pine River (St. Clair). open on signal. The draw of the S29 bridge, mile 0.1 (b) From 7 a.m. to 8 p.m. from May 15 at St. Clair, shall open on signal from through September 30, the draw of the April 1 through November 30 from 2 Blossomland bridge need be opened a.m. to 8 a.m. and from 8 a.m. to 2 a.m. only from three minutes before to on the hour and one-half hour. From three minutes after the hour and half December 1 through March 31, the draw hour, and the draw of the Bicentennial shall open on signal if at least 24 hours bridge need be opened only from three notice is given. Public vessels of the minutes before to three minutes after United States, state or local vessels used for public safety, and vessels in the quarter and three-quarter hour. distress shall be passed through the (c) From December 16 through the draw as soon as possible. last day of February, the draw of both bridges shall open on signal if at least § 117.647 Saginaw River. 12 hours notice is given. (a) The draws of the Lake State Rail- (d) Public vessels of the United way Bridge, mile 3.10, and the Canadian States, state and local government ves- National Railway Bridge, mile 4.94, sels used for public safety, commercial both in Bay City, shall open on signal; vessels, and vessels in distress shall be except that from January 1 through passed through the draw of both March 31, the draws shall open on sig- bridges as soon as possible. nal if at least 12 hours advance notice is provided. § 117.653 St. Mary’s Falls Canal. (b) The draws of the Independence The draw of the International Rail- Bridge, mile 3.88, Liberty Street way bridge, mile 1.0 at Sault Ste. Bridge, mile 4.99, Veterans Memorial Marie, shall be maintained in the fully Bridge, mile 5.60, and Lafayette Street open position during the navigation Bridge, mile 6.78, all in Bay City, shall open on signal, except as follows: season, except for the crossings of (1) From April 15 through November trains or for maintenance. Bridge oper- 1, between the hours of 6:30 a.m. and 7 ators shall not give precedence to rail- p.m., Monday through Friday, except way traffic and shall not close the federal holidays, the draws of the Inde- bridge against an upbound vessel after pendence and Veterans Memorial lock gates are open and the vessel is Bridges need open for the passage of proceeding toward the bridge, nor recreational vessels only from three against a downbound vessel, 1,200 feet minutes before to three minutes after or less west of the bridge, unless the the hour and half-hour, and the Liberty vessel is moored at either canal pier Street and Lafayette Street bridges awaiting its turn to take position at need open for the passage of rec- lock approaches.

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§ 117.655 Thunder Bay River. to April 30, the draw shall open on sig- The draw of the Second Avenue nal if at least 12-hours advance notice bridge, mile 0.3 at Alpena, shall open is provided. The commercial phone on signal if at least three hours notice number to provide advance notice shall is given to the Dispatcher, Police De- be posted on the bridge so that it is partment, City of Alpena, Michigan. plainly visible to vessel operators approaching the up or downstream side of [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR the bridge. The owners of the bridge 37382, Sept. 24, 1984] shall maintain clearance gauges in accordance with 33 CFR 118.160 of this MINNESOTA chapter. § 117.661 Duluth Ship Canal (Duluth- [USCG–2010–1055, 76 FR 17544, Mar. 30, 2011] Superior Harbor). The draw of the Duluth Ship Canal § 117.665 Red River of the North. Aerial bridge, mile 0.25 at Duluth, shall The draws of the bridges need not be open on signal; except that, from the opened for the passage of vessels. Friday before Memorial Day through the Tuesday after Labor Day each § 117.667 St. Croix River. year, between the hours of 7 a.m. and 9 (a) The draws of the Burlington p.m., seven days a week, the draw- Northern Santa Fe Railroad Bridge, bridge shall open on the hour and half- Mile 0.2, the Prescott Highway Bridge, hour for vessels under 300 gross tons, if Mile 0.3, and the Hudson Railroad needed; and the bridge will open on sig- Bridge, Mile 17.3, shall operate as fol- nal for all vessels from 9 p.m. to 7 a.m., lows: seven days a week, and at all times for (1) From April 1 to October 31: Federal, state, and local government (i) 8 a.m. to midnight, the draws shall vessels, vessels in distress, commercial open on signal; vessels engaged in rescue or emergency (ii) Midnight to 8 a.m., the draws salvage operations, commercial-assist shall open on signal if notification is towing vessels engaged in towing or made prior to 11 p.m., port operations, vessels engaged in (2) From November 1 through March pilot duties, vessels seeking shelter 31, the draw shall open on signal if at from severe weather, and all commer- least 24 hours notice is given. cial vessels 300 gross tons or greater. (b) The draw of the Stillwater High- From January 1 through March 15, the way Bridge, Mile 23.4, shall open on sig- draw shall open on signal if at least 12 nal as follows: hours notice is given. The opening sig- (1) From May 15 through October 15, nal is one prolonged blast, one short Monday through Friday, except Fed- blast, one prolonged blast, one short eral holidays, from: blast. If the drawbridge is disabled, the (i) 8 a.m. to 11 a.m., every hour on bridge authorities shall give incoming the hour; and outgoing vessels timely and de- (ii) 11 a.m. to 2:30 p.m., every half pendable notice, by tug service if nec- hour; essary, so that the vessels do not at- (iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., tempt to enter the canal. 4 p.m. and 5:30 p.m.; (iv) 6:30 p.m. to 10 p.m., every half [USCG–2010–1030, 76 FR 11334, Mar. 2, 2011] hour; and § 117.663 Minnesota River. (v) 10 p.m. to 8 a.m., upon at least two hours notice. The draws of bridges above LeSueur (2) from May 15 through October 15, need not be opened for the passage of Saturdays, Sundays, and federal holi- vessels. days from: [CGD08–97–004, 63 FR 4584, Jan. 30, 1998] (i) 8 a.m. to 9 a.m., every half hour; (ii) 9 a.m. to 8 p.m., every hour on the § 117.664 Rainy River, Rainy Lake and hour; their tributaries. (iii) 8 p.m. to midnight, every half The draw of the Canadian National hour; and Bridge, mile 85.0, at Rainer, shall open (iv) Midnight to 8 a.m., upon at least on signal; except that, from October 16 two hours notice.

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(3) From October 16 through May 14, MISSISSIPPI if at least 24 hours notice is given. (c) The draw of the Soo Line Railroad § 117.675 Back Bay of Biloxi. Bridge, Mile 40.7, at Otisville, need not (a) The draw of the I–110 bridge, mile be opened for the passage of vessels. 3.0 at Biloxi, shall open on signal if at least six hours notice is given. [CGD2–91–01, 56 FR 21303, May 8, 1991, as (b) The draw of the Popps Ferry Road amended by 59 FR 63898, Dec. 12, 1994; USCG– bridge, mile 8.0, at Biloxi, shall open on 1998–3799, 63 FR 35527, June 30, 1998; CGD08– signal; except that, from 7:30 a.m. to 9 02–035, 68 FR 74479, Dec. 24, 2003] a.m. and from 4:30 p.m. to 6 p.m. Mon- day through Friday, except Federal § 117.669 St. Louis River (Duluth Supe- rior Harbor). holidays, the draw need not be opened for passage of vessels. The draw shall (a) The draws of the Burlington open at any time for a vessel in dis- Northern railroad bridge, mile 5.7, shall tress. open on signal; except that, from Janu- [CGD8–85–05, 50 FR 27583, July 5, 1985, as ary 1 through March 15, the draws shall amended by CGD08–96–049, 64 FR 6221, Feb. 9, open on signal if at least 24 hours no- 1999; CGD08–06–015, 71 FR 26416, May 5, 2006] tice is given. The opening signal for the Minnesota draw is one prolonged blast § 117.677 Big Sunflower River. followed by two short blasts and for The draw of the Columbus and Green- the Wisconsin draw is two prolonged ville railroad bridge, mile 96.1 at Baird, blasts followed by two short blasts. shall open on signal if at least four (b) The draws of the Grassy Point hours notice is given. bridge, mile 8.0, and the Arrow Head bridge, mile 8.7, shall open on signal; § 117.681 Old Fort Bayou. except that, from January 1 through The draw of the bridge, mile 1.6 at March 15, the draw shall open on signal Ocean Springs, shall open on signal; ex- if at least 24 hours notice is given. The cept that, from 9 p.m. to 5 a.m., the opening signal for the Grassy Point draw shall open on signal if at least bridge is two prolonged blasts followed eight hours notice is given to the Old by one short blast and for the Arrow- Fort Bayou drawtender. During periods head bridge is three prolonged blasts. of storm or hurricane warnings issued by the National Weather Service, the (c) The draw of the Duluth Missabe draw shall open on signal at any time. and Iron Range Railway bridge, mile 16.3, need not be opened for the passage [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR of vessels. The owner shall return the 37382, Sept. 24, 1984] draw to operable condition within a § 117.683 Pearl River. reasonable time when notified by the District Commander to do so. See § 117.486, Pearl River, listed under Louisiana. § 117.671 Upper Mississippi River. [USCG–2001–10881, 71 FR 70311, Dec. 4, 2006] (a) The draws of all bridges between § 117.684 Bayou Portage. Lock and Dam No. 10, mile 615.1, and Lock and Dam No. 2, mile 815.2, shall The draw of the Henderson Avenue open on signal; except that, from De- Bridge, mile 2.0, at Pass Christian, MS cember 15 through the last day of Feb- shall open on signal if at least two hours notice is given to the Harrison ruary, the draws shall open on signal if County Board of Supervisors. at least 24 hours notice is given. (b) The draws of all bridges between [CGD08–04–010, 69 FR 69531, Nov. 30, 2004] Lock and Dam No. 2, mile 815.2, and Lock and Dam No. 1, mile 847.6, shall § 117.685 Tchoutacabouffa River. open on signal; except that, from De- The draw of the Cedar Lake Road cember 15 through the last day of Feb- Bridge over the Tchoutacabouffa River, ruary, the draws shall open on signal if mile 8.0, shall open on signal if at least at least 12 hours notice is given. twenty-four hours notice is given. [CGD08–98–055, 63 FR 49822, Sept. 18, 1998]

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§ 117.686 Yazoo River. mercial navigation season as published by the Army Corps of Engineers, the (a) The draws of the Canadian Na- draw need not open unless at least 24 tional/Illinois Central railroad bridge, hours advance notice is given. mile 16.7 at Redwood, and the Satartia highway (S433) bridge, mile 53.3 at [CGD08–98–020, 66 FR 62938, Dec. 4, 2001] Satartia, shall open on signal if at least two hours notice is given. When a NEW HAMPSHIRE vessel has given notice and fails to ar- § 117.697 Hampton River. rive within the two hour period specified, the drawtender shall remain on The SR1A bridge, mile 0.0 at Hamp- duty for two additional hours and open ton, operates as follows: the draw if the requesting vessel ap- (a) The draw shall open on signal pears. After this time, an additional from April 1 through October 31 for the two hour notice is required. passage of vessels during daylight (b) The draws of the bridges upstream hours from three hours before to three from the Satartia highway (S433) hours after each high tide. ‘‘Daylight bridge shall open on signal if at least hours’’ means one-half hour before sun- four hours notice is given. When a ves- rise to one-half hour after sunset. High sel has given notice and fails to arrive tide occurs one-half hour later than the within the four hour period specified, time of high tide for Portland, Maine, the drawtender shall remain on duty as published in the tide tables pub- for two additional hours and open the lished by private entities using data draw if the requesting vessel appears. provided by the National Ocean Serv- After this time, an additional four hour ice. At all other times, the draw shall notice is required. open on signal if at least three hours notice is given. [CGD 82–025, 49 FR 17452, Apr. 24, 1984. Redes- (b) The owners of the bridge shall ignated at CGD8–92–03, 57 FR 27696, June 22, provide and keep in good legible condi- 1992, as amended by USCG–2000–7223, 65 FR tion two board gages painted white 40056, June 29, 2000] with black figures not less than six inches high to indicate the vertical MISSOURI clearance under the closed draw at all § 117.687 Missouri River. stages of the tide. The gages shall be so placed on the bridge that they are The draws of the bridges across the plainly visible to operators of vessels Missouri River shall open on signal; ex- approaching the bridge either up or cept during the winter season between downstream. the date of closure and date of opening (c) Vessels which can pass under the of the commercial navigation season as closed draw with a clearance of one published by the Army Corps of Engi- foot or more shall not signal for the neers, the draws need not open unless opening of the draw. In case a vessel at least 24 hours advance notice is gives the prescribed signal and the given. drawtender is uncertain as to whether [CGD08–06–002, 71 FR 66874, Nov. 17, 2006] the vessel can safely pass, the drawtender shall open the draw. If the § 117.689 Osage River. drawtender finds that there would have The draw of the Missouri Pacific been a clearance of one foot or more Railroad bridge, mile 5.6 at Osage City, had the draw remained closed, the mat- need not be opened for the passage of ter shall be reported immediately to vessels. the District Commander, giving the name of the vessel, the time of opening NEBRASKA the draw, the clearance under the bridge as indicated by the gage at the § 117.691 Missouri River. time of opening the draw, and the ap- The draw of the Illinois Central Gulf proximate vertical clearance required Railroad Bridge, mile 618.3, at Omaha, by the vessel. shall open on signal; except during the [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as winter season between the date of clo- amended by USCG–2001–9286, 66 FR 33641, sure and date of opening of the com- June 25, 2001]

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§ 117.699 Little Harbor. high tide taken at the Battery, New York. The draw of the SR1B bridge, mile 1.0 (e) The bridge operator shall issue a between New Castle and Rye, shall manual broadcast notice to mariners of open on signal from April 1 through Oc- the intent to close the bridge for a pe- tober 31 from 6 a.m. to 10 p.m. if at riod of up to 30 minutes for the passage least four hours notice is given. At all of rail traffic, on VHF–FM channels 13 other times, the draw shall open as and 16 (minimum range of 15 miles) 90 soon as possible only for emergencies. minutes before and again at 75 minutes § 117.700 Piscataqua River. before each bridge closure. (f) Beginning at 60 minutes prior to See § 117.531, Piscataqua River, listed each bridge closure, automated or man- under Maine. ual broadcast notice to mariners must [CGD 92–015, 57 FR 37880, Aug. 21, 1992] be repeated at 15 minute intervals and again at 10 and 5 minutes prior to each NEW JERSEY bridge closure and once again as the bridge begins to close, at which point § 117.701 Alloway Creek. the appropriate sound signal will be (a) The draws of the Salem County given. bridges, miles 5.1 at Hancocks Bridge, (g) Two 15 minute bridge closures and 6.5 at New Bridge, shall open on may be provided each day for the pas- signal if at least 24 hours notice is sage of multiple rail traffic movements given. across the bridge. Each 15 minute bridge closure shall be separated by at (b) The draw of the S49 bridge, mile least a 30 minute period when the 9.5 at Quinton, need not be opened for bridge is returned to and remains in the passage of vessels. the full open position. Notification of § 117.702 Arthur Kill. the two 15 minute closures shall follow the same procedures outlined in para- (a) The draw of the Arthur Kill (AK) graphs (e) and (f) above. Railroad Bridge shall be maintained in (h) A vessel operator may request up the full open position for navigation at to a 30 minute delay for any bridge clo- all times, except during periods when it sure in order to allow vessel traffic to is closed for the passage of rail traffic. meet tide or current requirements; (b) The bridge owner/operator shall however, the request to delay the maintain a dedicated telephone hot bridge closure must be made within 30 line for vessel operators to call the minutes following the initial broadcast bridge in advance to coordinate antici- for the bridge closure. Requests re- pated bridge closures. The telephone ceived after the initial 30 minute hot line number shall be posted on broadcast will not be granted. signs at the bridge clearly visible from (i) In the event of a bridge oper- both the up and downstream sides of ational failure, the bridge operator the bridge. shall immediately notify the Coast (c) Tide constrained deep draft ves- Guard Captain of the Port New York. sels shall notify the bridge operator, The bridge owner/operator must pro- daily, of their expected times of vessel vide and dispatch a bridge repair crew transits through the bridge, by calling to be on scene at the bridge no later the designated telephone hot line. than 45 minutes after the bridge fails (d) The bridge shall not be closed for to operate. A repair crew must remain the passage of rail traffic during any on scene during the operational failure predicted high tide period if a tide con- until the bridge has been fully restored strained deep draft vessel has provided to normal operations or until the the bridge operator with an advance bridge is raised and locked in the fully notice of their intent to transit open position. through the bridge. For the purposes of (j) When the bridge is not tended lo- this regulation, the predicted high tide cally it must be operated from a re- period shall be considered to be from mote location. A sufficient number of two hours before each predicted high closed circuit TV cameras, approved by tide to a half-hour after each predicted the Coast Guard, shall be operated and

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maintained at the bridge site to enable § 117.709 Cheesequake Creek. the remotely located bridge tender to (a) The draw of the S35 Bridge, at have full view of both river traffic and mile 0.0, at Morgan, South Amboy, New the bridge. Jersey, shall operate as follows: (k) VHF–FM channels 13 and 16 shall (1) From April 1 through November 30 be maintained and monitored to facili- from 7 a.m. to 8 p.m., the draw need tate communication in both the re- only open on the hour. From 8 p.m. to mote and local control locations. The 11 p.m. the draw shall open on signal. bridge shall also be equipped with di- From 11 p.m. to 7 a.m. the draw shall rectional microphones and horns to reopen after at least a two hour advance ceive and deliver signals to vessels. notice is given by calling the number (l) Whenever the remote control sys- posted at the bridge. tem equipment is disabled or fails to (2) From December 1 through March operate for any reason, the bridge oper- 31, the draw shall open on signal after ator shall immediately notify the Cap- at least a two hour advance notice is tain of the Port New York. The bridge given by calling the number posted at shall be physically tended and operated the bridge. by local control as soon as possible, but (b) The draw of the New Jersey Tran- no more than 45 minutes after malfunc- sit Rail Operations railroad bridge, tion or disability of the remote system. mile 0.2, operates as follows: (m) Mechanical bypass and override (1) The draw shall open on signal; ex- capability of the remote operation sys- cept that, at least four hours notice is tem shall be provided and maintained required— at all times. (i) From January 1 through March 31 from 6 p.m. to 6 a.m.; [USCG–2010–1117, 76 FR 45692, Aug. 1, 2011] (ii) From April 1 through April 30 and November 1 through November 30 from § 117.703 Bass River. 10 p.m. to 6 a.m. Monday through The draw of the U.S. 9 bridge, mile Thursday, and midnight Sunday 2.6, at New Gretna, shall operate as fol- through 6 a.m. Monday; and lows: (iii) From December 1 through De- (a) The drawspan must open on signal cember 31 from 10 p.m. to 6 a.m. if at least six hours notice is given, ex- (2) The owners of the bridge shall cept that public vessels of the United provide and keep in good legible condi- States must be passed as soon as pos- tion two board gages painted white sible. with black figures not less than eight (b) The owners of this bridge shall inches high to indicate the vertical provide and keep in good legible condi- clearance under the closed draw at all tion clearance gauges for the draw span stages of the tide. The gages shall be so with figures not less than 12 inches placed on the bridge that they are high designed, installed and main- plainly visible to operators of vessels tained in accordance with the provi- approaching the bridge either up or sions of § 118.160 of this chapter. downstream. [CGD5–91–031, 57 FR 22175, May 27, 1992, as [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by USCG–2001–10881, 71 FR 70311, amended by CGD01–04–126, 70 FR 20465, Apr. Dec. 4, 2006] 20, 2005; CGD01–05–096, 71 FR 17351, Apr. 6, 2006] § 117.705 Beaver Dam Creek. § 117.711 Cohansey River. The draw of the Ocean County bridge, The draw of the Broad Street bridge, mile 0.5 at Point Pleasant, shall open mile 18.2 at Bridgeton, need not be on signal from June 1 through Sep- opened for the passage of vessels. tember 30 and from 8 a.m. to 4 p.m. during April, May, October, and No- § 117.713 Cooper River. vember. At all other times, the draw (a) The drawspans for the State shall open on signal if at least 24 hours Street Drawbridge, mile 0.3 and the notice is given. Conrail Drawbridge at North River Av- [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR enue, mile 0.9, must open on signal if at 37382, Sept. 24, 1984] least four hours notice is given.

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(b) The draw of the Admiral Wilson (b) The draws of the South First Boulevard bridge, mile 1.1 at Camden, Street bridge, mile 0.4 at Elizabeth, need not be opened for the passage of shall open on signal if at least three vessels. However, the draw shall be re- hours notice is given. turned to operable condition within six (c) The draws of the New Jersey months after notification by the Dis- Transit Rail Operations railroad trict Commander to do so. bridge, mile 0.7, the Baltic Street bridge, mile 0.9, the Summer Street [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR bridge, mile 1.3, the South Street 37382, Sept. 24, 1984, as amended by USCG– 2001–10881, 71 FR 70311, Dec. 4, 2006] bridge, mile 1.8, and the Bridge Street bridge, mile 2.1, all at Elizabeth, need § 117.714 Corson Inlet. not be opened for the passage of vessels. The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall open on [CGD 82–025, 49 FR 17452, Apr. 24, 1984. Redes- signal; except that from October 1 ignated by USCG–2012–0306, 77 FR 37314, June through May 15 from 10 p.m. to 6 a.m. 21, 2012] and from 6 a.m. to 10 p.m. on December § 117.719 Glimmer Glass (Debbie’s 25 the draw need open only if at least Creek). two hours notice is given. (a) The draw of the Monmouth Coun- [USCG–2007–0026, 73 FR 5749, Jan. 31, 2008] ty highway bridge, mile 0.4 at Manasquan, shall open on signal, ex- § 117.716 Delaware River. cept as follows: The following requirements apply to (1) From 4:30 p.m. January 1 through all drawbridges across the Delaware 8 a.m. April 1, from 4:30 p.m. to 8 a.m., River: the draw need open only if at least (a) The draws of railroad bridges need four-hours advance notice is given. not be opened when there is a train in (2) From Memorial Day through the bridge block approaching the Labor Day from 7 a.m. to 8 p.m., the bridge with the intention of crossing, draw need open only on the hour and or within five minutes of the known half hour if any vessels are waiting to time of the passage of a scheduled pas- pass. senger train. (b) The owners of the bridge shall provide and keep in good legible condi- (b) The opening of a bridge may not tion two board gauges painted white be delayed more than five minutes for with black figures not less than eight a highway bridge or 10 minutes for a inches high to indicate the vertical railroad bridge, after the signal to open clearance under the closed draw at all is given. stages of the tide. The gauges shall be (c) The owners of drawbridges shall so placed on the bridge that they are provide and keep in good legible condi- plainly visible to operators of vessels tion two board gages painted white approaching the bridge either up or with black figures not less than six downstream. inches high to indicate the vertical clearance under the closed draw at all [CGD05–98–111, 64 FR 59624, Nov. 3, 1999. Re- stages of the tide. The gages shall be so designated and amended by USCG–2012–0306, placed on the bridge that they are 77 FR 37314, June 21, 2012] plainly visible to operators of vessels § 117.720 Great Channel. approaching the bridge either up or downstream. The draw of the County of Cape May bridge, mile 0.7, between Stone Harbor [CGD 82–025, 49 FR 43460, Oct. 29, 1984] and Nummy Island, shall open on signal except that: § 117.718 Elizabeth River. (a) From May 15 through October 15 (a) The draw of the South Front from 10 p.m. to 6 a.m., the draw need Street bridge, mile 0.0 at Elizabeth, only open if at least four hours advance shall open on signal; except that, from notice is given. 12 midnight to 7 a.m., the draw shall (b) From October 16 through May 14, open on signal if at least three hours the draw need only open if at least 24 notice is given. hours advance notice is given.

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(c) From 9:15 a.m. to 2:30 p.m. on the basin at mile 4.0, and 12 inches high for fourth Sunday in March of every year, bridges above mile 4.0. The gauges shall the draw need not open for vessels. If be designed, installed and maintained the fourth Sunday falls on a religious according to the provisions of section holiday, the draw need not open from 118.160 of this chapter. 9:15 a.m. to 2:30 p.m. on the third Sun- (3) Train and locomotives shall be day of March of every year. controlled so that any delay in opening [CGD05–97–003, 63 FR 2312, Jan. 15, 1998, as the draw shall not exceed 10 minutes amended by USCG–1998–3799, 63 FR 35527, except as provided in paragraph (a)(1) June 30, 1998; CGD05–06–045, 71 FR 59383, Oct. of this section. However, if a train 10, 2006] moving toward the bridge has crossed the home signal for the bridge before § 117.721 Grassy Sound Channel. the signal requesting the opening of The draw of the Grassy Sound Chan- the bridge is given, the train may con- nel Bridge, mile 1.0 in Middle Town- tinue across the bridge and must clear ship, shall open on signal from 6 a.m. the bridge interlocks before stopping or to 8 p.m. from May 15 through Sep- reversing. tember 30. From 9:15 a.m. to 2:30 p.m. (4) New Jersey Transit Rail Oper- on the fourth Sunday in March of every ations’ (NJTRO) roving crews shall year, the draw need not open for ves- consist of two qualified operators on sels. If the fourth Sunday falls on a re- each shift, each having a vehicle which ligious holiday, the draw need not open is equipped with marine and railroad from 9:15 a.m. to 2:30 p.m. on the third radios, a cellular telephone, and emer- Sunday of March of every year. Two gency bridge repair and maintenance hours advance notice is required for all tools. This crew shall be split with one other openings by calling (609) 368–4591. drawtender stationed at Upper Hack and the other drawtender at the HX [CGD05–06–045, 71 FR 59383, Oct. 10, 2006] drawbridge. Adequate security meas- § 117.722 Great Egg Harbor Bay. ures shall be provided to prevent vandalism to the bridge operating controls The draw of the U.S. Route 9/ and mechanisms to ensure prompt Beesleys Point Bridge, mile 3.5, shall openings of NJTRO bridges. open if at least two hours’ notice is (5) Except as provided in paragraphs given from October 1 to May 14 from 8 (b) through (h) of this section, the p.m. to 6 a.m., from May 15 to Sep- draws shall open on signal. tember 30 from 10 p.m. to 6 a.m., and (b) Except as provided in paragraph from 8 p.m. on December 24 until and (a)(1) of this section, the draw of the including 6 a.m. on December 26 of NJTRO Lower Hack Bridge, mile 3.4 at every year; and shall open on signal at Jersey City shall open on signal if at all other times. least one hour advance notice is given [USCG–2009–0453, 75 FR 3858, Jan. 25, 2010] to the drawtender at the Upper Hack bridge, mile 6.9 at Secaucus, New Jer- § 117.723 Hackensack River. sey. In the event the HX drawtender is (a) The following requirements apply at the Newark/Harrison (Morristown to all bridges across the Hackensack Line) Bridge, mile 5.8 on the Passaic River: River, up to an additional half hour (1) Public vessels of the United delay is permitted. States, state or local vessels used for (c) Except as provided in paragraphs public safety, and vessels in distress (a)(1) of this section, the draw of the shall be passed through the draw of Amtrak Portal Bridge, mile 5.0, at Lit- each bridge as soon as possible without tle Snake Hill, need not open for the delay. The opening signal for these ves- passage of vessel traffic Monday sels is four or more short blasts of a through Friday, except Federal holi- whistle or horn, or a radio request. days, from 6 a.m. to 10 a.m. and from 4 (2) The owners of each bridge shall p.m. to 8 p.m. Additional bridge open- provide and keep in good legible condi- ings shall be provided for commercial tion clearance gauges for each draw, vessels from 6 a.m. to 7:20 a.m.; 9:20 with figures not less than 18 inches a.m. to 10 a.m.; 4 p.m. to 4:30 p.m. and high for bridges below the turning from 6:50 p.m. to 8 p.m., if at least a

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one-hour advance notice is given by periodic maintenance authorized in ac- calling the number posted at the cordance with subpart A of this part. bridge. At all other times the draw (i) Trains shall be controlled so that shall open on signal. any delay in opening of the draw shall (d) Except as provided in paragraph not exceed ten minutes except as pro- (a)(1) of this section, the draw of the vided in § 117.31(b). NJTRO Upper Hack Bridge, mile 6.9 at (ii) Before the bridge closes for any Secaucus, N.J. shall open on signal unreason, an on-site train crewmember less the drawtender is at the HX will observe the waterway for ap- bridge, mile 7.7 at Secaucus, N.J. over proaching craft, which will be allowed the Hackensack River; then up to a to pass. An on-site train crewmember half hour delay is permitted. will then operate the bridge by radio- (e) Except as provided in paragraph phone. The bridge shall only be closed (a)(1) of this section, the draw of the if an on-site train crewmember’s visual NJTRO HX bridge, mile 7.7 at inspection shows that the channel is Secaucus, shall open on signal if at clear and there are no vessels least one half hour notice is given to transiting in the area. the drawtender at the Upper Hack (iii) While the CONRAIL Railroad Bridge. Bridge is moving from the full open to (f) Except as provided in paragraph the full closed position, an on-site (a)(1) of this section, the draw of the train crewmember will maintain con- S46 Bridge, at mile 14.0, in Little stant surveillance of the navigational Ferry, shall open on signal if at least a channel to ensure no conflict with mar- twenty four hour advance notice is itime traffic exists. In the event of fail- given by calling the number posted at ure or obstruction, the on-site train the bridge. crewmember will stop the bridge and (g) The draw of the Harold J. Dillard return the bridge to the open position. Memorial (Court Street) Bridge, mile (iv) During closing of the span, the 16.2, at Hackensack, shall open on sig- channel traffic lights will flash red, the nal if at least four hours notice is horn will sound five short blasts, and given. an audio voice warning device will an- (h) The draw of the New York Sus- nounce bridge movement, and the quehanna and Western Railroad bridge, bridge will close. When the bridge is mile 16.3, and the Midtown bridge, mile seated and locked down to vessels, the 16.5, both at Hackensack, need not be channel traffic lights will continue to opened for the passage of vessels, how- flash red. When the rail traffic has ever, the draws shall be restored to op- cleared the swing span, the horn will erable condition within 12 months after sound one prolonged blast followed by notification by the District Com- one short blast to signal the draw of mander to do so. the CONRAIL Railroad Bridge is about to return to its full open position to [CCGD01–91–029, 58 FR 39148, July 22, 1993, as vessels. amended by CGD01–98–091, 64 FR 38830, July (v) During open span movement, the 20, 1999; CGD01–99–076, 64 FR 62114, Nov. 16, channel traffic lights will flash red, the 1999; CGD01–05–061, 70 FR 58059, Oct. 5, 2005] horn will sound one prolonged blast fol- § 117.725 Manantico Creek. lowed by one short blast, then a pause, and an audio voice warning will an- The draw of the highway bridge, mile nounce bridge movement until the 0.5 at Millville, need not be opened for bridge is in the full open position. In the passage of vessels. the full open position, the channel traffic lights will flash green. § 117.729 Mantua Creek. (2) From December to February, the (a) The draw of the CONRAIL Rail- draw may be left in the closed position road Bridge, mile 1.4 at Paulsboro, and opened on signal if at least four shall operate as follows: hours notice is given by telephone at (1) From March through November, (856) 231–2393. the draw shall be left in the open posi- (b) The draw of the S.R. 44 bridge, tion to vessels and will only be closed mile 1.7, at Paulsboro, shall open on for the passage of trains and to perform signal from March 1 through November

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30 from 7 a.m. to 11 p.m., and shall open § 117.733 New Jersey Intracoastal Wa- on signal at all other times upon four terway. hours notice. (a) The draw of the Route 35 Bridge, [CGD3 84–33, 50 FR 30270, July 25, 1985, as mile 1.1 across Manasquan River at amended by CGD05–03–121, 69 FR 21063, Apr. Brielle, shall open on signal except as 20, 2004] follows: (1) From May 15 through September § 117.730 Maurice River. 30: The draw of the Cumberland County (i) On Saturdays, Sundays and Fed- bridge, mile 12.1 at Mauricetown, need eral holidays, from 8 a.m. to 10 p.m., not be opened for the passage of ves- the draw need only open 15 minutes be- sels. fore the hour and 15 minutes after the hour. [CGD 82–025, 49 FR 17452, Apr. 24, 1984. Redes- ignated by USCG–2001–10881, 71 FR 70311, Dec. (ii) On Mondays to Thursdays from 4 4, 2006] p.m. to 7 p.m., and on Fridays, except Federal holidays from 12 p.m. to 7 p.m., § 117.731 Mullica River. the draw need only open 15 minutes before the hour and 15 minutes after the The draws of the bridges listed in hour. this section shall open on signal, ex- (2) Year-round from 11 p.m. to 8 a.m., cept as follows: the draw need only open if at least four (a) The draw of the Lower Bank hours notice is given. bridge, mile 15.0, need not open during (b) The draw of the County Route 528 the following periods unless at least Bridge, mile 6.3 across Barnegat Bay at four hours notice is given: Mantoloking, shall open on signal; ex- (1) From May 1 through November 30, cept that from Memorial Day through from 11 p.m. to 7 a.m. Labor Day on Saturdays, Sundays and (2) From December 1 through April Federal holidays from 9 a.m. to 6 p.m., 30, at all times. the draw need only open on the hour, (b) The draw of the Green Bank twenty minutes after the hour, and bridge, mile 18.0, need not open unless forty minutes after the hour. at least four hours notice is given dur- (c) The draw of the S37 Bridge across ing the following periods: Barnegat Bay, mile 14.1 at Seaside (1) April 1 through November 30, from Heights, shall open on signal except as 11 p.m. to 7 a.m. follows: (2) December 1 through March 31, at (1) From December 1 through March all times. 31, the draw need only open if at least (c) The drawspan must open as soon four hours notice is given. as possible for public vessels of the (2) From April 1 through November 30 United States during the periods when from 11 p.m. to 8 a.m., the draw need four hours notice is required. only open if at least four hours notice is given. [CGD5–87–065, 53 FR 406, Jan. 7, 1988, as amended by CGD05 94–093, 60 FR 51732, Oct. 3, (3) From Memorial Day through 1995. Redesignated and amended by USCG– Labor Day from 8 a.m. to 8 p.m., the 2001–10881, 71 FR 70311, Dec. 4, 2006] draw need only open on the hour and half hour. § 117.732 Nacote Creek. (d) The draw of the AMTRAK New (a) The Route 9 bridge, mile 1.5, shall Jersey Transit Rail Operations open on signal, except that from 11 (NJTRO) automated railroad swing p.m. to 7 a.m., the draw shall open if at bridge across Beach Thorofare, mile 68.9 at Atlantic City shall operate as least two hours notice is given. follows: (b) The draw of the Atlantic County (1) Open on signal from 11 p.m. to 6 (Rte. 575) bridge, mile 3.5 at Port Re- a.m. From 6 a.m. to 11 p.m., the draw public, shall open on signal if at least shall open on signal from 20 minutes to eight hours notice is given. 30 minutes after each hour and remain [CGD05–94–065, 61 FR 29960, June 13, 1996] open for all waiting vessels.

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(2) Opening of the draw span may be July 5th to accommodate the annual delayed for ten minutes except as pro- July 4th fireworks show. vided in § 117.31(b). However, if a train (3) On the third or fourth Wednesday is moving toward the bridge and has of August the draw will open every two crossed the home signal for the bridge hours on the hour from 10 a.m. until 4 before the signal requesting opening of p.m. and need not open from 4 p.m. the bridge is given, that train may con- until 8 p.m. to accommodate the an- tinue across the bridge and must clear nual Air Show. the bridge interlocks before stopping. (f) The draw of the US40–322 (Albany (3) When the bridge is not tended lo- Avenue) Bridge, mile 70.0 across Inside cally and/or is operated from a remote Thorofare, at Atlantic City, shall open location, sufficient closed circuit TV on signal except that: cameras shall be operated and main- (1) Year-round, from 11 p.m. to 7 a.m.; tained at the bridge site to enable the and from November 1 through March 31 remotely located bridge/train con- from 3 p.m. to 11 p.m., the draw need troller to have full view of both river only open if at least four hours notice traffic and the bridge. is given; (4) Radiotelephone Channel 13 (156.65 (2) From June 1 through September MHz) VHF-FM, shall be maintained 30: and utilized to facilitate communica- (i) From 9 a.m. to 4 p.m. and from 6 tion in both remote and local control p.m. to 9 p.m. the draw need only open locations. The bridge shall also be on the hour and half hour; and equipped with directional microphones (ii) From 4 p.m. to 6 p.m. the draw and horns to receive and deliver signals need not open. to vessels within a mile that are not (3) On July 4, the draw need not open equipped with radiotelephones. from 9:40 p.m. until 11:15 p.m. to ac- (5) Whenever the remote control sys- commodate the annual July 4th fire- tem equipment is partially disabled or works show. Should inclement weather fails for any reason, the bridge shall be prevent the fireworks event from tak- physically tended and operated by local ing place as planned, the draw need not control. Personnel shall be dispatched open from 9:40 p.m. until 11:15 p.m. on to arrive at the bridge as soon as pos- July 5th to accommodate the annual sible, but not more that one hour after July 4th fireworks show. malfunction or disability of the remote (4) On the third or fourth Wednesday system. Mechanical bypass and over- of August, the draw will open every ride capability of the remote operation two hours on the hour from 10 a.m. system shall be provided and main- until 4 p.m. and need not open from 4 tained. p.m. until 8 p.m. to accommodate the (6) When the draw is opening and annual Air Show. closing, or is closed, yellow flashing (g) The draw of the Dorset Avenue lights located on the ends of the center Bridge across Inside Thorofare, mile piers shall be displayed continuously 72.1 at Ventnor City, shall open on sig- until the bridge is returned to the fully nal except that from June 1 through open position. September 30, from 9:15 a.m. to 9:15 (e) The draw of the Route 30 Bridge p.m., the draw need only open at 15 and across Beach Thorofare, mile 67.2 at 45 minutes after the hour. Atlantic City, shall open on signal if at (h) The draw of the Route 52 (Ninth least four hours of notice is given; ex- Street) Bridge, mile 80.4 across Beach cept that: Thorofare, at Ocean City, shall open on (1) From April 1 through October 31, signal except that from Memorial Day from 7 a.m. to 11 p.m. the draw need through Labor Day from 8 a.m. to 8 only open on the hour. p.m., the draw need only open on the (2) On July 4, the draw need not open hour and half hour. from 9:40 p.m. until 11:15 p.m. to ac- (i) The draw of the Stone Harbor commodate the annual July 4th fire- Boulevard Bridge, mile 102.0 across works show. Should inclement weather Great Channel, at Stone Harbor, shall prevent the fireworks event from tak- open on signal except that: ing place as planned, the draw need not (1) From October 1 through March 31 open from 9:40 p.m. until 11:15 p.m. on from 10 p.m. to 6 a.m. the draw need

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only open if at least eight hours notice the bridge generally unmanned and in is given. the open position. (2) From Memorial Day through (iii) Summer Service (generally June Labor Day from 6 a.m. to 6 p.m. on Sat- through August): Daily train service urdays, Sundays and Federal holidays, starting at 10 a.m. and ending 7:30 p.m. the draw need open only on the hour, 20 (3) When a vessel approaches the minutes after the hour, and 20 minutes drawbridge with the draw in the open before the hour. position, the vessel shall give the open- (3) From 10 p.m. on December 24 until ing signal. If no acknowledgement is 6 a.m. on December 26, the draw need received within 30 seconds, the vessel open only if at least two hours notice may proceed, with caution, through is given. the open draw. When the draw is open (j) [Reserved] and will be closing promptly, the draw- (k) The draw of Two-Mile Bridge, bridge will generally signal using mile 112.2, across Middle Thorofare in sound signals or radio telephone. Wildwood Crest, shall open on signal (4) Opening of the draw span may be except: delayed for ten minutes after a signal (1) From 9:15 a.m. to 10:30 a.m. on the to open except as provide in (117.31(b). fourth Sunday in March of every year, However, if a train is moving toward the draw need not open for vessels. If the bridge and has crossed the home the fourth Sunday falls on a religious signal for the bridge before the signal holiday, the draw need not open for requesting opening of the bridge is vessels from 9:15 a.m. to 10:30 a.m. on given, the train may continue across the third Sunday of March of every the bridge and must clear the bridge year. interlocks as soon as possible in order (2) From 10:30 p.m. on December 24 to prevent unnecessary delays in the until 10:30 p.m. on December 26, the opening of the draw. draw need open only if at least two hours notice is given. [CGD05–97–003, 63 FR 2311, Jan. 15, 1998, as (l) [Reserved] amended by CGD05–01–007, 66 FR 39445, July (m) The draw of Cape May Canal 31, 2001; CGD05–06–045, 71 FR 59383, Oct. 10, 2006; USCG–2001–10881, 71 FR 70311, Dec. 4, Railroad Bridge across Cape May 2006; USCG–2007–0026, 73 FR 5749, Jan. 31, 2008; Canal, mile 115.1, at Cape May shall op- USCG–2008–0697, 73 FR 79639, Dec. 30, 2008; 74 erate as follows: FR 17084, Apr. 14, 2009; USCG–2011–0698, 76 FR (1) The draw shall be maintained in 79535, Dec. 22, 2011] the open position; the draw may close only for the crossing of trains and § 117.734 Navesink River (Swimming maintenance of the bridge. When the River). draw is closed for a train crossing a The Oceanic Bridge, mile 4.5, shall bridge tender shall be present to reopen open on signal; except that, from De- the draw after the train has cleared the cember 1 through March 31, the draw bridge. When the draw is closed for shall open on signal, if at least a twen- maintenance a bridge tender shall be ty-four hour notice is given by calling present to open the draw upon signal. the number posted at the bridge. The (2) Train service generally operates owner of this bridge shall provide and as follows (please contact Cape May keep in good legible condition clear- Seashore Lines for current train sched- ance gauges with figures not less than ules): eight inches high, designed, installed (i) Winter (generally December and maintained according to the provi- through March): In general, there is no sions of § 118.160 of this chapter. train service, therefore the bridge is unmanned and placed in the full open [CGD01–99–075, 64 FR 71655, Dec. 22, 1999] position. (ii) Spring (generally April through § 117.735 Newark Bay. May and Fall (generally September The following requirements apply to through November): Generally weekend all bridges across this waterway: service only: Friday through Sunday (a) Public vessels of the United train service starts at 10 a.m. and ends States, state or local vessels used for at 7:30 p.m. Monday through Thursday public service, and vessels in distress

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shall be passed through the draw with- the passage of vessels. However, the out delay. The opening signal from draws of any of these bridges shall be these vessels is four or more short restored to operable condition within blasts of a whistle or horn or a radio six months after notification by the request. District Commander to do so. (b) The owners of these bridges shall provide and keep in good legible condi- § 117.738 Overpeck Creek. tion two board gages painted white (a) The draws of the Conrail and the with black figures not less than 12 New York, Susquehanna and Western inches high to indicate the vertical railroad bridges, mile 0.0 both at clearance under the closed draw at all Ridgefield Park, NJ, operate as follows: stages of the tide. The gages shall be so (1) The draws shall open on signal if placed on the bridge that they are at least 24 hours notice is given. plainly visible to operators of vessels (2) Public vessels of the United approaching the bridge either up or States must be passed through the downstream. drawspan of each drawbridge as soon as (c) Trains and locomotives shall be possible. controlled so that any delay in opening (3) The owners of these bridges shall the draw span shall not exceed five provide and keep in good legible condi- minutes. However, if a train moving to- tion two board gages painted white ward the bridge has crossed the home with black figures not less than 12 signal for the bridge before the signal inches high to indicate the vertical requesting opening of the bridge is clearance under the closed draw at all given, the train may continue across stages of the tide. The gages shall be so the bridge and must clear the bridge placed on the bridge that they are interlocks before stopping. plainly visible to operators of vessels approaching the bridge either up or [CGD3 85–42, 50 FR 26712, June 28, 1985] downstream. § 117.736 Oceanport Creek. (b) Trains and locomotives shall be controlled so that any delay in opening The drawspan for the New Jersey the draw span shall not exceed five Transit Rail Operations Drawbridge, minutes. However, if a train moving to- mile 8.4 near Oceanport, must open on ward the bridge has crossed the home signal from May 15 through September signal for the bridge before the signal 15 between 5 a.m. and 9 p.m.; except requesting opening of the bridge is that, the drawspan need not open 6 given, the train may continue across a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 the bridge and must clear the bridge p.m on weekdays, excluding all federal interlocks before stopping. holidays except for Martin Luther King Day. The drawspan must open on signal [CGD3 85–42, 50 FR 26713, June 28, 1985, as upon four hours notice from May 15 amended by USCG–2001–10881, 71 FR 70311, Dec. 4, 2006] through September 15 between 9 p.m. and 5 a.m., and from September 16 § 117.739 Passaic River. through May 14; except that, the drawspan need not be opened from 6 (a) The following requirements apply a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 to all bridges in this section across the p.m. on weekdays, excluding all federal Passaic River: (1) The owners of these bridges shall holidays except for Martin Luther King provide, and keep in good legible condi- Day. Public vessels of the United tion, clearance gauges with figures not States must be passed as soon as pos- less than twelve (12) inches high de- sible at anytime. signed, installed and maintained ac- [USCG–2001–10881, 71 FR 70311, Dec. 4, 2006] cording to the provisions of § 118.160 of this chapter. § 117.737 Oldmans Creek. (2) New Jersey Transit Rail Oper- The draws of the US30 bridge, mile ations’ (NJTRO) roving crews shall 3.1 at Nortonville, the Conrail railroad consist of an adequate number of oper- bridge, mile 4.0 at Jumbo, and the ators to ensure NJTRO bridges are op- Salem County bridge, mile 5.1 at erated according to the requirements Pedricktown, need not be opened for of this section.

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(b) The draw of the Routes 1 & 9 (Lin- (i) The draw of the Clay Street coln Highway) Bridge, mile 1.8, at New- Bridge, mile 6.0, shall open on signal if ark, shall open on signal if at least four at least four hours notice is given by hours notice is given. calling the number posted at the (c) The draw of CONRAIL’s Point-No- bridge. Point Railroad Bridge, mile 2.6, at (j) The draw of the NJTRO (West Ar- Newark, shall open on signal if at least lington) Bridge, mile 8.0, at Kearney, four hours notice is given to the CON- shall open on signal from 7 a.m. to 11 RAIL Movement Desk. After the signal p.m. if at least eight hours notice is to open is given, the opening may be given. After the signal to open is given, delayed no more than ten minutes. the opening may be delayed no more (d) The draw of the Jackson Street than ten minutes. From 11 p.m. to 7 Bridge, mile 4.6, shall open on signal if a.m., the draw need not be opened. at least four hours notice is given by (k) The draw of the Route 7 (Rutgers calling the number posted at the Street) Bridge, mile 8.9, at Belleville, bridge. shall open on signal if at least four (e) The draw of the Amtrak Dock hours notice is given. Bridge, mile 5.0, at Harrison, shall open (l) The draw of the Avondale Bridge, on signal after at least a twenty-four mile 10.7, at Lyndhurst, shall open on hour advance notice is given by calling signal if at least four hours notice is the number posted at the bridge; ex- given. cept that, from 7:20 a.m. to 9:20 a.m. (m) The draw of the NJTRO Bridge, and from 4:30 p.m. to 6:50 p.m., Monday mile 11.7, shall open on signal after at through Friday, except Federal holi- least a 24 hour notice is given by call- days, the draw need not be opened for ing the number posted at the bridge. the passage of vessel traffic. At all (n) The draw of the Route 3 Bridge, other times, a bridge opening may be mile 11.8, need not be opened for the delayed no more than ten minutes for passage of vessel traffic. the passage of rail traffic, unless the (o) The draw of the following bridges draw tender and the vessel operator need not be opened for the passage of agree to a longer delay. vessels: (f) The draw of the Bridge Street (1) Gregory Avenue Bridge, mile 14.0, Bridge, mile 5.6, shall open on signal if at Wallington. at least four hours notice is given by (2) West Eighth Street Bridge, mile calling the number posted at the 15.3, at Garfield. bridge. (p)–(t) [Reserved] (g) The draw of the NJTRO Newark- Harrison (Morristown Line) Bridge, [CGD01–95–171, 62 FR 6485, Feb. 12, 1997, as amended by CGD01–97–020, 63 FR 34124, June mile 5.8, at Harrison, New Jersey shall 23, 1998; CGD01–97–134, 64 FR 4788, Feb. 1, 1999; open on signal if at least one hour ad- CGD01–99–076, 64 FR 62114, Nov. 16, 1999; vance notice is given to the drawtender USCG–2001–10881, 71 FR 70311, Dec. 4, 2006; at Upper Hack Bridge mile 6.9, across USCG–2010–0234, 75 FR 51942, Aug. 24, 2010; the Hackensack River at Secaucus, USCG–2011–0268, 76 FR 65376, Oct. 21, 2011] N.J. In the event the HX drawtender is at the Lower Hack Bridge, mile 3.4 on § 117.741 Raccoon Creek. the Hackensack River, at Jersey City (a) The draw of the Route 130 high- then up to an additional half hour way bridge, mile 1.8 at Bridgeport, delay in opening is permitted. After shall open on signal: the signal to open is given, the opening (1) March 1 through November 30, may be delayed no more than ten min- from 7 a.m. to 11 p.m. utes. From 7:15 a.m. to 9 a.m. and from (2) At all other times, if at least four 4:30 p.m. to 6:50 p.m., Monday through hours notice is given. Friday except federal holidays, the (b) The draw of the CONRAIL Rail- draw need not open. road Bridge, mile 2.0 at Bridgeport, (h) The Route 280 Bridge, mile 5.8, at shall operate as follows: Harrison, New Jersey, shall open on (1) From March 1 through November signal if at least 24 hours notice is 30, the draw shall be left in the open given by calling the number posted at position at all times and will only be the bridge. closed for the passage of trains and to

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perform periodic maintenance author- § 117.743 Rahway River. ized in accordance with subpart A of The draw of the Conrail Bridge, mile this part. 2.0, across the Rahway River, at Lin- (i) Trains shall be controlled so that den, New Jersey, shall operate as fol- any delay in opening of the draw shall lows: not exceed ten minutes except as pro- (a) The draw shall remain in the full vided in § 117.31(b). open position at all times, and shall (ii) Before the bridge closes for any only be closed for the passage of rail reason, a train crewmember will ob- traffic or the performance of mainte- serve the waterway for approaching nance authorized in accordance with craft, which will be allowed to pass. A subpart A of this part. train crewmember will then operate (b) The draw shall be remotely oper- the bridge by radiophone. The bridge ated by a bridge/train dispatcher lo- shall only be closed if a train crew- cated at the Conrail Dispatch Office at member’s visual inspection shows that Mount Laurel, New Jersey. the channel is clear and there are no (c) A marine traffic light system vessels transiting in the area. shall be maintained at the bridge and (iii) While the CONRAIL Railroad display flashing green lights to indi- Bridge is moving from the full open to cate that vessels may pass through the the full closed position, a train crew- bridge, and flashing red lights anytime the bridge is not in the full open posi- member will maintain constant sur- tion. veillance of the navigational channel (d) An infrared sensor system shall be to ensure no conflict with maritime maintained at the bridge to determine traffic exists. In the event of failure or that no conflict with vessel traffic ex- obstruction, the train crewmember will ists while the bridge is closing. stop the bridge and return the bridge (e) Before the bridge may be closed to the open position. from the remote location, an on-site (iv) The CONRAIL Railroad channel train crewmember shall observe the traffic lights will change from flashing waterway for any vessel traffic. All ap- green to flashing red anytime the proaching vessels shall be allowed to bridge is not in the full open position. pass before the bridge may close. The (v) During closing of the span, the on-scene train crewmember shall then channel traffic lights will change from communicate with the bridge/train dis- flashing green to flashing red, the horn patcher at the Conrail Dispatch Office, will sound four times, followed by a at Mount Laurel, either by radio or pause, then the four blasts will be re- telephone, to request that the bridge be peated and the bridge will close. When closed. the rail traffic has cleared the swing (f) While the bridge is moving from span, the horn will automatically the full open to full closed position, the sound five times to signal the draw of bridge/train dispatcher shall maintain the CONRAIL Railroad Bridge is about constant surveillance of the naviga- to return to its full open position. tional channel at the bridge using the (vi) During open span movement, the infrared sensor system. channel traffic lights will be flashing (g) If the infrared sensors detect a red, the horn will sound four times, fol- vessel or other obstruction approach- lowed by a pause, then four blasts will ing or under the bridge before the draw be repeated until the bridge is in the is fully lowered and locked, the closing full open position. In the full open posi- sequence shall be stopped, automati- tion, the channel traffic lights will cally, and the draw shall be raised to then turn from flashing red to flashing its full open position until the channel green. is clear. (2) At all other times, the draw may (h) During the downward bridge clos- be left in the closed position and ing movement, the marine traffic light system located at the bridge will opened on signal if at least four hours change from flashing green to flashing notice is given by telephone at (856) red, the public address system shall an- 231–2393. nounce that the bridge shall be closing, [CGD05–02–065, 68 FR 27461, May 20, 2003] and the horn shall sound two times,

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pause 10 seconds, then repeat two horn the draw span shall not exceed ten blasts until the bridge is seated and minutes. However, if a train moving to- fully locked down. ward the bridge has crossed the home (i) When all rail traffic has cleared signal for the bridge before the signal the bridge, the bridge/train dispatcher requesting opening of the bridge is shall sound the horn five-times to sig- given, that train may continue across nal that the draw is about to open. the bridge and must clear the bridge (j) In the event of a failure, or ob- interlocks before stopping or reversing. struction to the infrared sensor sys- (b) The drawspans for the Riverside- tem, the bridge shall immediately be returned to the full open position until Delanco/SR#543 Drawbridge, mile 1.3 at the problem is corrected. Riverside and the SR#38 Drawbridge, (k) In the event of a loss of commu- mile 7.8 at Centerton, must operate as nication between the on-site personnel follows: and the bridge/train dispatcher, the (1) From April 1 through October 31 bridge shall immediately be returned open on signal from 7 a.m. to 11 p.m. to the full open position until the prob- (2) From November 1 through March lem is corrected. 31 from 7 a.m. to 11 p.m., open on signal (l) Should the draw become inoper- if at least 24 hours notice is given, ex- able from the remote site while the cept as provided in paragraph (a)(1) of bridge is in the closed position, a this section. bridge tender, maintenance personnel, (3) Year round from 11 p.m. to 7 a.m. or engineer shall be deployed to be on need not open for the passage of ves- scene within one hour from the time sels, except as provided in paragraph the draw becomes inoperable until the (a)(1) of this section. bridge can be returned to the full open position. [CGD5 91–054, 58 FR 40591, July 29, 1993, as (m) Trains shall be controlled so that amended by USCG–2001–10881, 71 FR 70311, any delay in opening of the draw shall Dec. 4, 2006; USCG–2012–0306, 77 FR 37314, not exceed ten minutes after a train June 21, 2012] has crossed the bridge; except, as provided in 33 CFR 117.31(b). However, if a § 117.747 Raritan River. train moving toward the bridge has (a) The draw of New Jersey Transit crossed the home signal for the bridge, Rail Operations Railroad Bridge at the train may continue across the mile 0.5 shall open on signal; except bridge and must clear the bridge inter- that, from 6 a.m. to 9:30 a.m. and 4:30 locks before stopping. p.m. to 7:30 p.m., Monday through Fri- [CGD01–03–096, 69 FR 8814, Feb. 26, 2004] day, except holidays, the bridge need not open. § 117.745 Rancocas Creek. (b) The bridge owner shall provide (a) The following requirements apply and keep in good legible condition two to all bridges across the Rancocas clearance gauges with figures not less River (Creek): than 12 inches high designed, installed (1) Public vessels of the United and maintained according to the provi- States must be passed through the sions of § 118.160 of this chapter. drawspan of each drawbridge as soon as (c) Trains and locomotives shall be possible without delay at anytime. The controlled so that any delay in opening opening signal from these vessels is the draw span shall not exceed ten four or more short blasts of a whistle or horn, or a radio request. minutes. However, if a train moving to- (2) The owners of these bridges shall ward the bridge has crossed the home provide and keep in good legible condi- signal for the bridge before the signal tion clearance gauges for each draw requesting opening of the bridge is with figures not less than 12 inches given, the train may continue across high designed, installed and main- the bridge and must clear the bridge tained according to the provisions of interlocks before the bridge may be § 118.160 of this chapter. opened. (3) Trains and locomotives shall be [USCG–2009–0202, 74 FR 49325, Sept. 28, 2009] controlled so that any delay in opening

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§ 117.749 Salem River. (b) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., on the The draw of the S49 bridge, mile 3.5 hour and half hour. at Salem, shall open on signal if at (c) At all other times, on signal, for least 24 hours notice is given. any vessel. § 117.750 Schellenger Creek. [CGD05–97–002, 62 FR 45160, Aug. 26, 1997] The draw of the Cape May County § 117.755 Shrewsbury River. bridge, mile 0.3 at Cape May, need not be opened for the passage of vessels. The draw of the Monmouth County highway bridge at mile 4.0, across the [CGD 82–025, 49 FR 43462, Oct. 29, 1984] Shrewsbury River at Sea Bright, New Jersey, shall operate as follows: § 117.751 Shark River (South Channel). (a) The draw shall open on signal at The draws of S71 bridge, mile 0.8, the all times; except that, from May 15 railroad bridge, mile 0.9, and the S35 through September 30, on Saturday, bridge, mile 0.9, all at Avon, operate as Sunday, and holidays, between 9 a.m. follows: and 7 p.m., the draw need open only on (a) The bridges operate as one unit. the hour and half hour. The owners shall provide signal sys- (b) The draw need not be opened at tems so connected that the operator of any time for a sail boat unless it is op- any of the bridges may simultaneously erating under auxiliary power or is notify the operators of the other two. being towed by a powered vessel. The operator of the first bridge to be (c) The owners of the bridge shall passed shall be responsible for observ- keep in good legible condition two ing the approach of vessels, for receiv- clearance gages with figures not less ing and acknowledging signals, and for than eight inches high, designed, in- coordinating the opening of the other stalled, and maintained according to draws. the provisions of § 118.160 of this chap- (b) The draws shall open on signal; ter. except that, from May 15 through Sep- [USCG–2010–0461, 75 FR 38714, July 6, 2010] tember 30 from 4 p.m. to 7 p.m. Monday through Friday except Federal holi- § 117.756 South River. days and from 9 a.m. to 9 p.m. Satur- The draw of the Conrail bridge, mile days, Sundays, and holidays, the draw 2.8 at South River shall open on week- need be opened only on the hour and days (exclusive of holidays) from De- half hour if a vessel is waiting to pass. cember 1 through the last day of Feb- (c) The owners of the bridges shall ruary if at least four hours notice is provide and keep in good legible condi- given. From March 1 through Novem- tion two board gages painted white ber 30, and December 1 through the last with black figures not less than eight day of February on weekends and holi- inches high to indicate the vertical days the draw shall be maintained open clearance under the closed draw at all to navigation except for closure to ac- stages of the tide. The gages shall be so commodate passage of a train. The placed on the bridges that they are draw shall be opened as soon as pos- plainly visible to operators of vessels sible at all times for passage of a pub- approaching the bridges either up or lic vessel of the United States. downstream. [CGD3 83–067, 49 FR 33014, Aug. 20, 1984] [CGD 82–025, 49 FR 17452, Apr. 24, 1984] § 117.757 Townsend Inlet. § 117.753 Ship Channel, Great Egg The draw of Townsend Inlet Bridge, Harbor Bay. mile 0.3 in Avalon, shall open on signal The draw of the S52 (Ship Channel) except: bridge, mile 0.5 between Somers Point (a) From 9:15 a.m. to 2:30 p.m. on the and Ocean City, shall open: fourth Sunday in March of every year, (a) From 11 p.m. to 7 a.m., on signal, the draw need not open for vessels. If if at least 24 hours advance notice is the fourth Sunday falls on a religious given. holiday, the draw need not open from

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9:15 a.m. to 2:30 p.m. on the third Sun- § 117.771 Bronx River. day of March of every year. (a) The draw of the Bruckner Boule- (b) From 11 p.m. on December 24 vard Bridge, mile 1.1, at the Bronx, until 11 p.m. on December 25, the draw New York, shall open on signal if at need open only if at least two hours no- least a two-hour advance notice is tice is given. given to the New York City Depart- [USCG–2007–0026, 73 FR 5749, Jan. 31, 2008] ment of Transportation (NYCDOT) Radio Hotline, or the NYCDOT Bridge § 117.758 Tuckahoe River. Operations Office. From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday The draw of the State highway through Friday, the bridge need not be bridge, mile 8.0 at Tuckahoe, shall open opened for the passage of vessels. on signal if at least 24 hours notice is (b) The draw of the Conrail Bridge, given. mile 1.6 at the Bronx, New York, need [CGD82–025, 49 FR 17452, Apr. 24, 1984. Redes- not be opened for the passage of ves- ignated by CGD05–06–045, 71 FR 59383, Oct. 10, sels. 2006] (c) The owners of the Bruckner Bou- levard Bridge, mile 1.1, and the Conrail § 117.759 Wading River. Bridge, mile 1.6, both at the Bronx, The draw of the Burlington County New York, shall provide and keep in good legible condition two clearance highway bridge, mile 5.0 at Wading gauges designed, installed and main- River, shall open on signal if at least 24 tained in accordance with the provi- hours notice is given. sions of § 118.160 of this chapter. § 117.761 Woodbridge Creek. [CGD01–97–018, 62 FR 54385, Oct. 20, 1997, as The draws of the State Street bridge, amended by CGD01–99–070, 65 FR 45718, July 25, 2000] mile 0.5, and the railroad bridge, mile 0.6, both at Sewaren, shall open on sig- § 117.773 Buffalo River. nal if at least four hours notice is (a) The draw of the Michigan Avenue given. bridge, mile 1.3, at Buffalo, shall operate as follows: NEW YORK (1) From March 22 through December § 117.769 Black Rock Canal. 15, the draw shall open within 20 minutes of signal. However, the draw need The draws of the Ferry Street bridge, not open from 7:30 a.m. to 9 a.m., and mile 2.6, and Canadian National Rail- from 4 p.m. to 5:45 p.m., Monday way bridge, mile 3.8, both at Buffalo, through Saturday. shall operate as follows: (2) From December 16 through March (a) From April 15 through November 21, the draw shall open on signal if no- 30, the draws shall open on signal. How- tice is given at least 4 hours in advance ever, between the hours of 12 midnight of a vessel’s time of intended passage and 8 a.m., seven days a week, no through the draw. bridgetender is required to be in at- (b) The draw of the Ohio Street tendance at the bridges and the draws bridge, mile 2.1, at Buffalo, shall oper- shall open on signal if notice is given ate as follows: to the owners at least two hours in ad- (1) From March 22 through December vance of a vessel’s intended time of 15, the draw shall open on signal within passage through the draws. 20 minutes after a request is made to (b) From December 1 through April the Michigan Avenue drawtender. How- 14, no bridgetender is required to be in ever, the draw need not open from 7:30 attendance at the bridges and the a.m. to 9 a.m., and from 4 p.m. to 5:45 draws shall open on signal if notice is p.m., Monday through Saturday. given to the owners at least four hours (2) From December 16 through March in advance of a vessel’s time of in- 21, the draw shall open on signal if notice is given at least 4 hours in advance tended passage through the draws. of a vessel’s time of intended passage [CGD09–94–008, 59 FR 50167, Oct. 3, 1994] through the draw.

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(3) In addition to the standard signals tion clearance gauges for each draw required for requesting the bridge to with figures not less than 12 inches open, the owners of this bridge shall high designed, installed and main- maintain and monitor a marine radio- tained according to the provisions of telephone for use by the Michigan Ave- § 118.160 of this chapter. nue drawtender for receiving requests (c) The draw of the Roosevelt Island for opening the Ohio Street bridge. The bridge shall open on signal if at least drawtender shall maintain communica- two hour advance notice is given to the tions with any transiting vessel until drawtender at the Grand Street/Avenue the vessel has cleared both the Ohio bridge, mile 3.1 across Newtown Creek Street and Michigan Avenue draws. (East Branch), the New York Depart- (c) The draws of the CSX Transpor- ment of Transportation (NYCDOT) tation railroad bridges, miles 4.02 and Radio Hotline or NYCDOT Bridge Oper- 4.39, both at Buffalo, shall open on sig- ations Office. In the event the nal if notice is given at least 4 hours in drawtender is at Borden Avenue or advance of a vessel’s time of intended Hunters Point Avenue bridges mile 1.2 passage through the draws. and 1.4, respectively, across Dutch (d) The South Park Avenue bridge, Kills, up to an additional half hour mile 5.3, at Buffalo, shall open on sig- delay may be required. nal if notice is given at least 4 hours in [CGD1–90–040, 55 FR 37710, Sept. 13, 1990, as advance of a vessel’s time of intended amended by USCG–2009–0348, 74 FR 52888, Oct. passage through the draw. However, 15, 2009] the draw need not open from 7 a.m. to 8:30 a.m., and from 4:30 p.m. to 6 p.m., § 117.785 Genessee River. Monday through Saturday. (a) The following applies to all (e) The periods when the bridges need bridges listed in this section: not open on signal prescribed in para- (1) At all times, public vessels of the graphs (a)(1), (b)(1), and (d) in this sec- United States, vessels in distress, and tion shall not be effective on Sundays, vessels seeking shelter from rough and on New Year’s Day, Memorial Day, weather shall be passed through the Fourth of July, Labor Day, Thanks- bridges as soon as possible. giving Day, Christmas Day, or days ob- (2) Clearance gages of a type ap- served in lieu of any of these under proved by the Commander, Ninth Coast State law. Guard District, shall be installed on [CGD09–95–022, 61 FR 10467, Mar. 14, 1996, as the upstream and downstream sides of amended by USCG–1999–5832, 64 FR 34712, each drawbridge by and at the expense June 29, 1999] of the owner of or agency controlling the bridge and the gages shall be kept § 117.779 Eastchester Bay (Arm of). in good repair and legible condition. The draw of the highway bridge, mile (b) The draw of the CSX Transpor- 2.2 between Rodman Neck and City Is- tation bridge, mile 0.9 at Rochester, land, need not be opened for the pas- shall open on signal; except that, from sage of vessels. December 15 through March 31, the draw shall open on signal if at least 12 § 117.781 East River. hours notice is given. The following requirements apply to (c) The draw of the Colonel Patrick the Roosevelt Island bridge, mile 6.4 at Henry O’Rorke Memorial Bridge, mile New York City, as follows: 1.2 at Rochester, shall open on signal (a) Public vessels of the United from April 1 through December 15; States Government, state or local ves- however, from 7 a.m. to 9 a.m. and from sels used for public safety, and vessels 4 p.m. to 6 p.m. Monday through Friday in distress shall be passed through the except Federal holidays, the draw need draws of each bridge as soon as possible be opened only for the passage of com- without delay at anytime. The opening mercial vessels. From 9 a.m. to 4 p.m. signal from these vessels shall be four and 6 p.m. to 11 p.m. Monday through or more short blasts of a whistle, horn Friday except Federal holidays, and or radio request. from 7 a.m. to 11 p.m. on Saturdays, (b) The owners of each bridge shall Sundays, and Federal holidays, the provide and keep in good legible condi- draw need be opened only on the hour

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and half hour, except that commercial 10 a.m. and 4 p.m. to 7 p.m., Monday vessels shall be passed at any time. through Friday, except federal holi- From December 16 through March 31, days. the draw shall open on signal if at least (2) The draws of the Willis Avenue 12 hours notice is given. Bridge, mile 1.5, Third Avenue Bridge, mile 1.9, and the Madison Avenue [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by USCG–1999–5832, 64 FR 34712, Bridge, mile 2.3, need not open for the June 29, 1999; USCG–2008–0179, 73 FR 35013, passage of vessel traffic at various June 19, 2008] times between 8 a.m. and 5 p.m. on the first Sunday in May and November. § 117.787 Gowanus Canal. The exact time and date of each bridge The draws of the Ninth Street closure will be published in the Local Bridge, mile 1.4, the Third Street Notice to Mariners several weeks prior Bridge, mile 1.8, the Carroll Street to each closure. Bridge, mile 2.0, and the Union Street (c) The draw of the Metro North Bridge, mile 2.1, at Brooklyn, shall (Park Avenue) Bridge, mile 2.1, shall open on signal, if at least a two-hour open on signal, except, as provided in advance notice is given to the New paragraph (a) of this section, if at least York City Department of Transpor- a four-hour advance notice is given. tation (NYCDOT), Radio Hotline, or The draw need not open for the passage the NYCDOT Bridge Operations Office. of vessel traffic from 5 a.m. to 10 a.m. and 4 p.m. to 8 p.m., Monday through [CGD01–99–067, 65 FR 46870, Aug. 1, 2000] Friday, except Federal holidays. (d) The draw of the Spuyten Duyvil § 117.789 Harlem River. railroad bridge, mile 7.9, shall open on (a) The draws of all railroad bridges signal at all times, except as provided across the Harlem River may remain in in paragraph (a) of this section. the closed position from the time a train scheduled to cross the bridge is [USCG–2008–0456, 75 FR 230, Jan. 5, 2010] within five minutes from the bridge, § 117.791 Hudson River. and until that train has fully crossed the bridge. The maximum time per- (a) The draws of the bridges listed in mitted for delay shall not exceed ten this section shall open as soon as pos- (10) minutes. Land and water traffic sible at any time for the passage of the should pass over or through the draw following vessels: as soon as possible to prevent unneces- (1) Downbound vessels during a fresh- sary delays in the opening and closure et of a height exceeding an elevation of the draw. determined by the District Com- (b)(1) The draws of the bridges at 103 mander. Street, mile 0.0, 125 Street (2) Public vessels of the United (Triborough), mile 1.3, Willis Avenue, States. mile 1.5, Third Avenue, mile 1.9, Madi- (3) Vessels of 500 tons or more. son Avenue, mile 2.3, 145 Street, mile (4) Tugs with a tow on a hawser. 2.8, Macombs Dam, mile 3.2, 207 Street, (b) The draws of the bridges listed in mile 6.0, and the Broadway Bridge, this section shall not remain open for mile 6.8, shall open on signal if at least more than 15 minutes and may remain a four-hour advance notice is given to closed for up to 10 minutes to allow ac- the New York City Highway Radio cumulated land traffic to pass. (Hotline) Room and the Triborough (c) The draw of the CSX Transpor- Bridge and Tunnel Authority (TBTA) tation bridge, mile 146.2 between Al- for the 125 Street (Triborough), mile bany and Rensselaer, shall open on sig- 1.3. The draws of the above bridges, ex- nal; except that, from December 16 cept the Broadway Bridge, need not through March 31, the draw shall open open for the passage of vessel traffic on signal if at least 24 hours notice is from 6 a.m. to 9 a.m. and 5 p.m. to 7 given. p.m., Monday through Friday, except (d) The draw of the state highway federal holidays. The draw of the bridge, mile 150.2 between Troy and Broadway Bridge need not open for the Menands, need not be opened for the passage of vessel traffic from 7 a.m. to passage of vessels.

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(e) The draw of the highway bridge, (3) Except as provided in paragraphs mile 152.7 between Troy and Green Is- (b) and (c) of this section each draw land, operates as follows: shall open on signal. (1) From April 1 through December (b) The draw of the Hutchinson River 15, the draw shall open on signal from Parkway Bridge, mile 0.9, at the Bronx, 9 a.m. to 4 p.m.; except that, the draw New York shall open on signal if at need not be opened from 6 p.m. to 7 least a two-hour notice is given to the a.m., unless notice is given before 4:30 New York City Department of Trans- p.m. of the time the vessel is expected portation (NYCDOT) Radio Hotline, or to pass, and need not open from 7 a.m. the NYCDOT Bridge Operations Office. to 9 a.m. and 4 p.m. to 6 p.m. (c) The draw of the South Fulton Av- (2) From December 16 through March enue Bridge, mile 2.9, shall open on sig- 31, the draw need not be opened. nal from three hours before to three (f) The draws of the 112th Street hours after the predicted high tide. For bridge, mile 155.4 between Troy and Co- the purposes of this section, predicted hoes operate as follows: high tide occurs four hours after pre- (1) The draws shall open on signal dicted high water for New York (Bat- from 9 a.m. to 4 p.m. tery), as given in the tide tables published by private entities using data (2) The draws shall open on signal provided by the National Ocean Serv- from 6 p.m. to 7 a.m., if notice is given, ice. before 4:30 p.m., of the time the vessel (1) At all other times, the bridge is expected to pass. shall open on signal if at least four (3) The draws need not be opened hours advance notice is given to the from 7 a.m. to 9 a.m. and 4 p.m. to 6 Westchester County Road Maintenance p.m. Division during normal work hours or (4) During the period that the Fed- to the County’s Parkway Police at all eral Lock at Troy is inoperative, the other times. drawspans need not be opened for the (2) The bridge tender shall honor re- passage of vessels. quests for opening within six hours [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as after predicated high water if such re- amended at 49 FR 43462, Oct. 29, 1984, CGD3 quest is given to the bridge tender 85–42, 50 FR 26713, June 28, 1985; USCG–1999– while he or she is on station (three 5832, 64 FR 34712, June 29, 1999; USCG–2001– hours before to three hours after pre- 10881, 71 FR 70312, Dec. 4, 2006] dicted high tide). § 117.793 Hutchinson River [CGD01–93–009, 58 FR 42859, Aug. 12, 1993, as (Eastchester Creek). amended by CGD01–97–125, 63 FR 18321, Apr. 15, 1998; CGD01–99–070, 65 FR 45718, July 25, (a) The following requirements apply 2000; USCG–2001–9286, 66 FR 33641, June 25, to all bridges across Hutchinson River 2001; CGD01–04–033, 69 FR 35246, June 24, 2001] (Eastchester Creek): (1) The owners of each bridge shall § 117.795 Jamaica Bay and Connecting provide and keep in good legible condi- Waterways. tion clearance gauges for each draw (a) The draw of the Marine Parkway with figures not less than 12 inches bridge, mile 3.0 over Rockaway Inlet, high designed, installed and main- shall open on signal Monday through tained according to the provision of Friday from 8 a.m. to 4 p.m. At all § 118.160 of this chapter. other times, the draw shall open on sig- (2) Trains and locomotives shall be nal if at least eight hours notice is controlled so that any delay in opening given; however, the draw shall open on the draw shall not exceed ten minutes signal if at least a one hour notice is except as provided in § 117.31(b). How- given for the passage of U.S. Navy or ever, if a train moving toward the National Oceanic and Atmospheric Ad- bridge has crossed the home signal for ministration vessels. the bridge before the signal requesting (b) The draws of the New York City opening of the bridge is given, the train highway bridge, mile 0.8 across Mill may continue across the bridge and Basin on Belt Parkway, need not be must clear the bridge interlocks before opened for the passage of vessels from stopping. noon to 9 p.m. on Sundays from May 15

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to September 30, and on Memorial Day, (ii) Saturdays, Sundays, Independ- Independence Day, and Labor Day. ence Day and Labor Day from 7 a.m. to However, on these days, from two 11 p.m.; hours before to one hour after pre- (iii) At all other times, if at least two dicted high tide, the draw shall open on hours notice is given. signal. For the purpose of this section, (2) From September 16 through June predicted high tide occurs 15 minutes 14 if at least 24 hours notice is given. later than that predicted for Sandy (d) The draw of the SR78 bridge, mile Hook, as given in the tide tables pub- 105.9 across the entrance to Missisquoi lished by private entities using data Bay between Alburg Tongue and Hog provided by the National Ocean Serv- Island at East Alburg, shall open on ice. At all times, public vessels of the signal if at least 24 hours notice is United States and state or local vessels given. used for public safety shall be passed as [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as soon as possible. amended by CGD3 83–059, 49 FR 49452, Dec. 20, (c) The draw of the Beach Channel 1984; CGD01–98–032, 64 FR 28103, May 25, 1999; railroad bridge shall open on signal; ex- USCG–2001–10881, 71 FR 70312, Dec. 4, 2006] cept that, the draw need not open for the passage of vessel traffic, 6:45 a.m. § 117.799 Long Island, New York In- to 8:20 a.m. and 5 p.m. to 6:45 p.m., land Waterway from East Rockaway Monday through Friday, except Fed- Inlet to Shinnecock Canal. eral holidays. (a) At all times, public vessels of the United States must be passed through [CGD3 85–42, 50 FR 26713, June 28, 1985, as the drawspan of each drawbridge listed amended by USCG–2001–9286, 66 FR 33641, June 25, 2001; CGD01–06–033, 71 FR 61897, Oct. in this section as soon as possible. 20, 2006; USCG–2001–10881, 71 FR 70312, Dec. 4, (b) The draw of each bridge listed in 2006; 72 FR 50876, Sept. 5, 2007] this section need not be opened for sailing vessels, unless the vessels are under § 117.797 Lake Champlain. machinery power or under tow, if an opening would unduly delay other ves- (a) The drawspan for each drawbridge sel or vehicular traffic. listed in this section must open as soon (c) The owners of the bridges listed in as possible for public vessels of the this section shall provide and keep in United States. good legible condition two board gages (b) The draw of the US2 Bridge, mile painted white with black figures not 91.8, over Lake Champlain, between less than eight inches high to indicate South Hero Island and North Hero Is- the vertical clearance under the closed land, shall operate as follows: draw at all stages of the tide. The (1) The draw shall open on signal on gages shall be so placed on the bridges the hour and the half hour from May that they are plainly visible to opera- 15th through October 15th from 8 a.m. tors of vessels approaching the bridges to 8 p.m. daily. either up or downstream. (2) The draw shall open on signal (d) The draws of the West Bay bridge, from May 15th through October 15th mile 0.1 across Quantuck Canal, Beach from 8 p.m. to 8 a.m. if at least four Lane bridge, mile 1.1 across Quantuck hours notice is given by calling the Canal, Quoque bridge, mile 1.1 across number posted at the bridge. Quoque Canal and the Smith Point (3) The draw shall open on signal bridge, mile 6.1 across Narrow Bay from October 16th through May 14th if shall open on signal from October 1 at least four hours notice is given by through April 30 from 8 a.m. to 4 p.m. calling the number posted at the and from May 1 through September 30 bridge. from 6 a.m. to 10 p.m. At all other (c) The draw of the Central Vermont times during these periods, the draws Railway bridge across Missisquoi Bay, shall open as soon as possible but no mile 105.6 shall open on signal: more than one hour after a request to (1) From June 15 through September open is received. 15: (e) The draw of the Atlantic Beach (i) Monday through Friday from 9 Bridge across Reynolds Channel, mile a.m. to 5 p.m.; 0.4, shall open on signal—

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(1) From October 1 through May 14; (3) From 9 p.m. to midnight, on the (2) From May 15 through September Fourth of July, the Meadowbrook 30, except that it need be opened only State Parkway Bridge need not open on the hour and half-hour from 4 p.m. for the passage of vessel traffic. to 7 p.m. on weekdays and from 11 a.m. (i) The draws of the Wantagh State to 9 p.m. on Saturdays, Sundays, Me- Parkway bridge, mile 16.1 across Goose morial Day, Independence Day, and Creek, and the Captree State Parkway Labor Day; and bridge, mile 30.7 across State Boat (3) From May 15 through September Channel at Captree Island, shall open 30, from two hours before to one hour on signal if at least one half hour no- after predicted high tide. Predicted tice is given to the New York State De- high tide occurs 10 minutes earlier partment of Transportation, as follows: than that predicted for Sandy Hook, as (1) Every other hour on the even given in the tide table published by the hour. National Oceanic and Atmospheric Ad- (2) From April 1 through October 31 ministration. on Saturdays, Sundays, and Federal (f) The draw of the Loop Parkway holidays, every three hours beginning Bridge across Long Creek, mile 0.7, at 3 a.m. Notice may be given from the shall open on signal every other hour telephone located at the moorings on on the even hour; except that, from each bridge or by marine radio- April 1 through October 31 on Satur- telephone. days, Sundays, and Federal holidays, (j) The Atlantic Beach Bridge, mile the draw shall open on signal every 0.4, across Reynolds Channel, from three hours beginning at 3 a.m. If an April 22, 2002 through October 31, 2002, opening is desired at other than a shall open on signal, except as follows: scheduled time, notice may be given (1) Only one moveable bridge span from the telephone located on either need be opened for the passage of vessel side of the bridge or via marine radio- traffic between 7 a.m. to 5 p.m., daily, telephone. except as provided in paragraph (j)(3) of this section. (g) The draw of the Long Beach (2) From 4 p.m. to 7 p.m. on week- Bridge across Reynolds Channel, mile days, and from 11 a.m. to 9 p.m. on 4.7, shall open on signal; except that: weekends and holidays, the draw shall (1) From midnight to 8 a.m. year- open on signal only on the hour and round, the draw shall open on signal if half-hour, except as provided in para- at least four hours notice is given; and graph (j)(3) of this section. (2) From 3 p.m. to 8 p.m. on Satur- (3) From one-hour before to one-hour days, Sundays, and holidays from May after the predicted high tide, two 15 through September 30, the draw need moveable spans may be opened for the be opened only on the hour and half passage of vessel traffic, provided at hour. least a two-hour advance notice is (3) From 10 p.m. to midnight on July given by calling the number posted at 3 each year the draw need not open for the bridge. For the purposes of this sec- the passage of vessel traffic. tion, predicted high tide occurs 10 min- (h) The draw of the Meadowbrook utes earlier than that predicted for State Parkway Bridge, mile 12.8, across Sandy Hook, as given in the tide tables Sloop Channel, shall open on signal if published by the National Oceanic and at least a one-half hour notice is given Atmospheric Administration. to the New York State Department of (k) The draw of the Atlantic Beach Transportation, as follows: Bridge at mile 0.4, across Reynolds (1) Every other hour on the even Channel shall open on signal as follows: hour. (1) Except as provided in paragraph (2) From April 1 through October 31, (k)(2) of this section, from April 23, 2012 on Saturdays, Sundays, and Federal through September 30, 2012, Monday holidays, every three hours beginning through Friday, the draw may operate at 1:30 a.m. Notice may be given from a single span on signal, every two the telephone located at the moorings hours, on the even hour, between 6 a.m. on each side of the bridge or by marine and 8 p.m. Monday through Friday radio. from 8 p.m. through 6 a.m. the draw

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may operate a single span on signal. On maintained according to the provisions weekends and holidays from Friday at of § 118.160 of this chapter. 8 p.m. through Monday at 6 a.m. the (2) Trains and locomotives shall be bridge shall open both spans every hour controlled so that any delay in opening on the hour. the draw shall not exceed five minutes. (2) From July 23, 2012 through July If a train moving toward the bridge has 30, 2012, the bridge may remain in the crossed the home signal for the bridge closed position between 12 a.m. and 5 before the request to open the bridge is a.m., daily. given, that train may continue across (3) From October 1, 2012 through May the bridge, but must clear the inter- 15, 2013, the draw may operate a single lock before stopping. span on signal at 6 a.m., 12 p.m., 4 p.m., (b) The draws of the Long Island and 8 p.m. and at any time between 8 Railroad bridges, at mile 1.1, across p.m. and 6 a.m. The draw shall open Dutch Kills at Queens, shall open on both spans at all times for commercial signal if at least six-hours advance no- vessel traffic after at least a 48 hour tice is given to the Long Island Rail- advance notice is given by calling the road Movement Bureau, except as pro- number posted at the bridge. vided in paragraph (a)(2) of this section. [CGD3 82–025, 49 FR 17452, Apr. 24, 1984, as (c) The draw of the Borden Avenue amended by CGD3 84–51, 50 FR 2546, Jan. 17, Bridge, mile 1.2, across Dutch Kills at 1985; CGD01–99–080, 64 FR 46275, Aug. 25, 1999; CGD01–04–025, 69 FR 34570, June 22, 2004; Queens, shall open on signal if at least CGD01–04–047, 70 FR 15765, Mar. 29, 2005; a two-hour advance notice is given to USCG–2001–10881, 71 FR 70312, Dec. 4, 2006; the New York City Department of USCG–2012–0144, 77 FR 22495, Apr. 16, 2012] Transportation (NYCDOT) Radio Hot- line or NYCDOT Bridge Operations Of- EFFECTIVE DATE NOTE: By USCG–2012–0144, 77 FR 22495, Apr. 16, 2012, § 117.799 was amend- fice. ed by suspending paragraph (e) and adding a (d) The draw of the Hunters Point temporary paragraph (k), effective Apr. 23, Avenue Bridge, mile 1.4, across Dutch 2012 through May 15, 2013. Kills at Queens, shall open on signal if at least a two-hour advance notice is § 117.800 Mill Neck Creek. given to the New York City Depart- The draw of the Bayville Bridge, mile ment of Transportation (NYCDOT) 0.1, at Oyster Bay, New York, shall Radio Hotline or the NYCDOT Bridge open on signal between 7 a.m. and 11 Operations Office. p.m., from May 1 through October 31, (e) The draw of the Metropolitan Av- and between 7 a.m. and 5 p.m., Monday enue Bridge, mile 3.4, across English through Friday, from November 1 Kills at New York City, shall open on through April 30. At all other times the signal if at least a two-hour advance draw shall open on signal provided at notice is given to the New York City least a two-hour advance notice is Department of Transportation given by calling the number posted at (NYCDOT) Radio Hotline or the the bridge. NYCDOT Bridge Operations Office. (f) The draw of the Grand Street/Ave- [USCG–2008–0010, 73 FR 29690, May 22, 2008] nue Bridge, mile 3.1, across Newtown Creek (East Branch) between Brooklyn § 117.801 Newtown Creek, Dutch Kills, and Queens, shall open on signal if at English Kills and their tributaries. least a two-hour advance notice is (a) The following requirements apply given to the New York City Depart- to all bridges across Newtown Creek, ment of Transportation (NYCDOT) Dutch Kills, English Kills, and their Radio Hotline or the NYCDOT Bridge tributaries: Operations Office. (1) The owners of all bridges across (g)(1) The draw of the of the Pulaski Newtown Creek, Dutch Kills, English Bridge, mile 0.6, and the Greenpoint Kills and their tributaries listed under Avenue Bridge, mile 1.3, shall open on this section, shall provide and keep in signal if at least a two hour advance good legible condition two clearance notice is given to the New York City gauges with figures not less than 12 Department of Transportation Radio inches high designed, installed and (Hotline) Room.

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(2) The Pulaski Bridge, mile 0.6, need shall open on signal if at least 24 hours not open for vessel traffic at various notice is given. times between 8 a.m. and 5 p.m. on the first Sunday in both May and Novem- § 117.813 Wappinger Creek. ber. The exact time and date of the The draw of the Metro-North Com- bridge closure will be published in the muter railroad bridge, mile 0.0 at New Local Notice to Mariners several weeks Hamburg, need not be opened for the prior to the first Sunday of both May passage of vessels. However, the draw and November. shall be returned to operable condition [CGD01–99–069, 65 FR 46872, Aug. 1, 2000, as within six months after notification by amended by CGD01–04–019, 69 FR 34573, June the District Commander to do so. 22, 2004] § 117.815 Westchester Creek. § 117.802 New Rochelle Harbor. The draw of the Bruckner Boulevard/ (a) The draw of the Glen Island Unionport Bridge, mile 1.7, at the Bridge, mile 0.8, at New Rochelle, New Bronx, New York, shall open on signal York, shall open on signal, except as if at least a two-hour advance notice is follows: given to the New York City Depart- (1) two hours advance notice shall be ment of Transportation (NYCDOT) given for openings from 12 midnight to radio hotline, or the NYCDOT Bridge 6 a.m. from May 1st through October Operations Office. The draw need not 31st by calling the number posted at be opened for vessel traffic from 7 a.m. the bridge. to 9 a.m. and 4 p.m. to 6 p.m., Monday (2) twenty-four hours advance notice through Friday. The owner of the shall be given for openings from 8 p.m. bridge shall provide clearance gauges to 8 a.m. from November 1st through according to the provisions of § 118.160 April 30th by calling the number posted of this chapter. at the bridge. (b) The owner of the bridge shall pro- [CGD01–99–070, 65 FR 45718, July 25, 2000] vide, and keep in good legible condition, clearance gauges with figures not NORTH CAROLINA less than twelve (12) inches high de- § 117.820 Atlantic Intracoastal Water- signed, installed, and maintained ac- way (Alternate Route), Great Dis- cording to the provisions of § 118.160 of mal Swamp Canal. this chapter. The draw of the Great Dismal Swamp [CGD1–95–002, 63 FR 27680, May 20, 1998] Canal Bridge, mile 28.0 at South Mills, NC, shall operate as follows: § 117.803 Niagara River. (a) The draw shall remain in the open The draw of the Canadian National position for navigation. The draw shall Railway bridge, mile 33.0 at Buffalo, only be closed for pedestrian crossings need not be opened for the passage of or periodic maintenance authorized in vessels. accordance with Subpart A of this part. (b) The bridge shall be operated by § 117.805 Peekskill (Annsville) Creek. the Park Service Rangers at the Great The draw of the Conrail bridge, mile Dismal Swamp Visitors Center. Oper- 0.0 at Peekskill, need not be opened for ational information will be provided 24 the passage of vessels. hours a day on marine channel 13. (c) The bridge shall not be operated § 117.809 Tonawanda Creek. when the operator’s visibility is im- The draw of the Penn Central Cor- paired. poration railroad bridge, mile 0.1 at (d) Before the bridge closes for any Tonawanda, is permanently main- reason, the operator will monitor wa- tained in the open position. terway traffic in the area. The bridge shall only be closed if the operator’s § 117.811 Tonawanda Harbor. visual inspection shows that the chan- The draw of the Tonawanda Island nel is clear and there are no vessels Railroad bridge, mile 0.2 between North transiting in the area. While the bridge Tonawanda and Tonawanda Island, is moving, the operator shall maintain

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constant surveillance of the navigation opening up to 10 minutes past the hour channel. or half hour. (e) Before closing the draw, the horn [CGD05–97–072, 63 FR 9419, Feb. 25, 1998, as will sound five short blasts. Five short amended by CGD05–98–030, 63 FR 24427, May blasts of the horn will continue until 4, 1998; USCG–1999–5832, 64 FR 34712, June 29, the bridge is seated and locked down to 1999; CGD05–05–102, 71 FR 5010, Jan. 31, 2006; vessels. USCG–2001–10881, 71 FR 70312, Dec. 4, 2006; CGD05–07–026; 73 FR 5093, Jan. 29, 2008; (f) When pedestrian traffic has USCG–2010–1139, 76 FR 30831, May 27, 2011] cleared, the horn will sound one prolonged blast followed by one short § 117.822 Cape Fear River. blast to indicate the draw is opening to The draw of the Cape Fear Memorial vessel traffic. Bridge, mile 26.8, at Wilmington need [CGD05–06–017, 71 FR 40420, July 17, 2006] not open for the passage of vessels from 8 a.m. to 10 a.m. on the second Satur- § 117.821 Atlantic Intracoastal Water- day of July of every year, and from 7 way, Albermarle Sound to Sunset a.m. to 11 a.m. on the first or second Beach. Sunday of November of every year to accommodate annual marathon races. (a) The drawbridges across the Atlan- tic Intracoastal Waterway in North [USCG–2010–1139, 76 FR 30832, May 27, 2011. Carolina shall open on signal for com- Redesginated by USCG–2012–0306, 77 FR 37315, mercial vessels at all times and on sig- June 21, 2012] nal for pleasure vessels, except at the § 117.823 Gallants Channel. times and during the periods specified The draw of the US 70 bridge, mile in this paragraph: 0.1, at Beaufort, will open as follows: (1) Onslow Beach Swing Bridge, mile (a) From 6 a.m. to 10 p.m., the draw 240.7, at Cap Lejeune, NC, between 7 need only open on the hour and on the a.m. and 7 p.m., the draw need only half hour; except that Monday through open on the hour and half hour. Friday the bridge need not open be- (2) S.R. 50 Bridge, mile 260.7, at Surf tween the hours of 6:30 a.m. to 8 a.m. City, NC, between 7 a.m. and 7 p.m., the and 4:30 p.m. to 6 p.m. draw need only open on the hour. (b) From 10 p.m. to 6 a.m., the bridge (3) Figure Eight Swing Bridge, mile will open on signal. 278.1, at Scotts Hill, NC, the draw need [USCG–2012–0306, 77 FR 37315, June 21, 2012] only open on the hour and half hour. (4) S.R. 74 Bridge, mile 283.1, at § 117.824 Neuse River. Wrightsville Beach, NC, between 7 a.m. The draw of the Atlantic and East and 7 p.m., the draw need only open on Carolina Railway Bridge, mile 80.0, at the hour; except that from 7 a.m. to 11 Kinston shall open on signal if at least a.m. on the third and fourth Saturday 24 hours notice is given. in September of every year and be- [USCG–2011–0974, 76 FR 72311, Nov. 23, 2011] tween 7 a.m. and 10:30 a.m. on the last Saturday of October each year or the § 117.825 Newport River. first or second Saturday of November The draw of the Atlantic and East of every year the draw need not open Carolina Railway bridge, mile 13.0 at for vessels due to annual triathlon Newport, need not be opened for the events. passage of vessels. (5) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open on the § 117.829 Northeast Cape Fear River. hour on signal between 7 a.m. to 9 p.m. (a) The draw of the Isabel S. Holmes (b) If a pleasure vessel is approaching Bridge, at mile 1.0, at Wilmington, a drawbridge which is only required to North Carolina will operate as follows: open on the hour or on the hour and (1) The draw will be closed to pleas- half hour, and cannot reach the draw- ure craft from 6 a.m. to 6 p.m. every bridge on the hour or on the half hour, day except at 10 a.m. and 2 p.m. when the drawtender may delay the required the draw will open for all waiting vessels.

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(2) The draw will open on signal for the bridge is seated and locked down. Government and commercial vessels at When the bridge is seated and in the all times. locked down position to vessels, the (3) The draw will open for all vessels channel traffic lights will continue to on signal from 6 p.m. to 6 a.m. flash red. (4) From 8 a.m. to 10 a.m. on the sec- (c) The draw of the Seaboard System ond Saturday of July of every year, Railroad Bridge across the Northeast from 12 p.m. to 11:59 p.m. on the last Cape Fear River, mile 27.0, at Castle Saturday of October or the first or sec- Hayne, North Carolina shall open on ond Saturday of November of every signal if at least four hours notice is year, and from 7 a.m. to 11 a.m. on the given. first or second Sunday of November of every year, the draw need not open for [CGD05–02–014, 67 FR 70554, Nov. 25, 2002, as vessels to accommodate annual mara- amended by CGD05–04–120, 69 FR 70061, Dec. 2, 2004; CGD05–05–102, 71 FR 5010, Jan. 31, 2006; thon and triathlon races. USCG–2010–1139, 76 FR 30832, May 27, 2011] (b) The CSX Hilton Railroad Bridge, mile 1.5 in Wilmington, NC shall oper- § 117.831 Pamlico and Tar Rivers. ate as follows: (1) The draw of the bridge to be re- The draws of the US17–264 bridge, motely operated by the controller at mile 37.2 at Washington, and the Boyds the Navassa Railroad Bridge mile 34.0 Ferry bridge, mile 44.8 at Grimesland, across the Cape Fear River. shall open on signal if at least 24 hours (2) The draw shall be left in the open notice is given. The bridge owners shall position to vessels and will only be restore constant attendance when so closed for the passage of trains and to directed by the District Commander. perform periodic maintenance author- § 117.833 Pasquotank River. ized in accordance with Subpart A of this part. (a) The draw of the Albemarle & (3) Trains shall be controlled so that Chesapeake railroad bridge, mile 47.7, any delay in opening of the draw shall at Elizabeth City, North Carolina, shall not exceed ten minutes except as pro- be maintained in the open position; the vided in 117.31(b). draw may close only for the crossing of (4) The CSX Hilton Railroad Bridge trains and maintenance of the bridge. shall not be operated by the controller When the draw is closed, a bridgetender at the CSX Navassa Railroad in the shall be present to reopen the draw event of failure or obstruction of the after the train has cleared the bridge. motion sensors, laser scanners, video (b) The draw of the US 158 Highway cameras or marine-radio communica- Bridge, mile 50.7, at Elizabeth City, tions. In these situations, a bridge ten- shall open on signal; except that be- der must be called to operate the tween 7 a.m. and 9 a.m., and 4 p.m. and bridge on-site. 6 p.m., Monday through Friday, the (5) When rail traffic has cleared, the draw need open only at 7:30 a.m., 8:30 horn will automatically sound one pro- a.m., 4:30 p.m., and 5:30 p.m. for any longed blast followed by one short pleasure vessels waiting to pass. blast to indicate that the CSX Hilton [CGD05–94–118, 60 FR 40098, Aug. 7, 1995, as Railroad Bridge is moving to the full amended by CGD05–97–009, 62 FR 66006, Dec. open position to vessels. During open 17, 1997] span movement, the channel traffic lights will flash red, until the bridge is § 117.835 Perquimans River. in the full open position to vessels. In the full open position to vessels, the The draw of the US17 bridge, mile bridge channel traffic lights will flash 12.0 at Hertford, shall open on signal green, allowing vessels to pass safely. from 8 a.m. to midnight from April 1 (6) During closing span movement, through September 30 and from 10 a.m. the channel traffic lights will flash red, to 10 p.m. from October 1 through the horn will sound five short blasts, March 31. The draw need not be opened and an audio voice-warning device will at all other times. announce bridge movement. Five short [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR blasts of the horn will continue until 37382, Sept. 24, 1984]

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§ 117.837 Roanoke River. times the draw shall open on signal if at least 24 hours notice is given. The draw of the Seaboard System Railroad bridge, mile 94.0 at Palmyra, [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as need not be opened for the passage of amended by USCG–1999–5832, 64 FR 34712, vessels. June 29, 1999; USCG–2009–0968, 74 FR 63612, Dec. 4, 2009] [CGD5–92–004, 57 FR 11580, Apr. 6, 1992] § 117.849 Muskingum River (Zanesville § 117.841 Smith Creek. Canal). The draw of the S117–S133 Bridge, The draw of the Conrail bridge, mile mile 1.5 at Wilmington, need not open 77.1 at Zanesville, shall open on signal for the passage of vessels. Tuesday through Friday if the Conrail [USCG–2008–0302, 73 FR 46194, Aug. 8, 2008] office is notified by 12:01 p.m. on the day preceding the day the opening is § 117.843 Trent River. required. For openings Saturday (a) The draw of the U.S. 70 bridge, through Monday, the Conrail office mile 0.0, at New Bern: shall be notified by 12:01 p.m. on Friday (1) Need not open from 6:30 a.m. to specifying which day and time the 8:30 a.m. and from 4:00 p.m. to 6:00 p.m., opening is required. In case of emer- Monday through Friday, for pleasure gency, the draw shall open as soon as vessels. However, the draw shall open possible. at 7:30 a.m. and 5:00 p.m. for any vessel waiting to pass. § 117.850 Black River. (2) Need not open from 2:00 p.m. to The draw of the Erie Avenue bridge, 7:00 p.m. from May 24 through Sep- mile 0.6, at Lorain shall open on signal tember 8, on Sundays and Federal holi- except as follows: days, for pleasure vessels. However, the (a) From April 1 through December draw shall open at 4:00 p.m. and 6:00 31— p.m. for any vessel waiting to pass. (1) From 7 a.m. to 6 p.m., Monday (3) Must always open on signal for through Friday, except legal holidays, public vessels of the United States. the draw need open only on the hour (4) Shall open on signal at all other and half-hour for pleasure craft; how- times. ever, the draw need not open for pleas- (b) The draws of the Seaboard Sys- ure craft at 8 a.m., 3 p.m., 4 p.m. and 5 tem Railroad bridge, mile 18.0 near p.m. For commercial vessels the draw Pollocksville, need not be opened for shall open on signal as soon as possible. the passage of vessels. (2) From 11 a.m. to 6 p.m., Saturdays, [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as Sundays and legal holidays, the draw amended by CGD5–88–53, 54 FR 1361, Jan. 13, need open only on the hour and half- 1989; USCG–2001–10881, 71 FR 70312, Dec. 4, hour for pleasure craft. For commer- 2006] cial vessels the draw shall open on sig- OHIO nal as soon as possible. (3) From 11 p.m. to 7 a.m., seven days § 117.847 Ashtabula River. a week and legal holidays, no (a) The draw of the Fifth Street bridgetender is required to be in con- bridge, mile 1.4 at Ashtabula, shall stant attendance and the bridge shall open on signal for the passage of com- open on signal for pleasure craft and mercial and emergency vessels and on commercial vessels if at least a one the hour and half hour for all other hour advance notice is given. vessels. (b) From January 1 through March (b) The draw of the Norfolk Southern 31, the draw shall open on signal for Bridge, mile 1.5 at Ashtabula, is re- pleasure craft and commercial vessels motely operated, is required to operate if at least a twelve hour advance notice a radiotelephone, and shall open on sig- is given. nal from April 1 through November 30 (c) At all times, the draw shall open from 7 a.m. to 11 p.m. At all other as soon as possible for public vessels of

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the United States, state or local gov- on signal if at least 24 hours notice is ernment vessels used for public safety given. and vessels in distress. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as [CCGD09 86–01, 51 FR 28380, Aug. 7, 1986] amended by CGD09 89–07, 54 FR 41965, Oct. 13, 1989; USCG–1999–5832, 64 FR 34712, June 29, § 117.851 Portage River. 1999; USCG–2009–0968, 74 FR 63612, Dec. 4, 2009] (a) Public vessels of the United States, State or local government ves- § 117.853 Sandusky Bay. sels used for public safety, vessels in The draw of the Norfolk Southern distress and vessels seeking shelter Bridge, Mile 3.5 at Sandusky, is re- from rough weather shall be passed motely operated, is required to operate through the draws listed in this section a radiotelephone, and shall open on sig- as soon as possible. Except as provided nal from April 1 through October 31 in paragraph (c)(1)(ii) with respect to and from November 1 through Novem- the Monroe Street bridge, commercial ber 30 from 8 a.m. to 4 p.m. At all other vessels shall be passed through the times, the draw shall open on signal if draws of this section as soon as pos- at least 24 hours notice is given. sible. [USCG–2009–0968, 74 FR 63612, Dec. 4, 2009] (b) The owners of the bridges listed in this section shall provide and keep in § 117.855 Maumee River. good legible condition two board gages (a) The draw of the Craig Memorial painted white with black figures to in- highway bridge, mile 3.30, at Toledo, dicate the vertical clearance under the shall operate as follows: closed draw at all stages of the tide. (1) From April through December The gages shall be so placed on the 20— bridge that they are plainly visible to (i) Between the hours of 7 a.m. and 11 operators of vessels approaching the p.m., the draw need open only from bridge either up or downstream. three minutes before to three minutes (c) The draw of the Monroe Street after the hour and half-hour with no bridge, mile 0.4 at Port Clinton, shall opening required at 7:30 a.m. and 4:30 open as follows: p.m. for pleasure craft; for commercial (1) From May 1 through November vessels, during this period of time, the 30— draw shall open on signal as soon as (i) Between the hours of 12 midnight possible. and 6 a.m., the draw shall open on sig- (ii) Between the hours of 11 p.m. and nal. 7 a.m., the draw shall open on signal for commercial vessels and pleasure (ii) Between the hours of 6 a.m. and craft. 12 midnight, the draw shall open on (2) From December 21 through March signal. However, the draw need not 31, no bridgetenders are required to be open on signal during this time for recon duty at the bridge and the draw reational craft and commercial vessels shall open on signal from December 21 licensed to carry fifteen or less pas- through December 31, if at least a four sengers, or less than ten gross tons, un- hour advance notice is given and from less in distress or seeking shelter from January 1 through March 31, if at least rough weather. For these vessels, the a twelve hour advance notice is given. draw need open only from three min- (b) The draw of the Cherry Street utes before to three minutes after the highway bridge, mile 4.30 at Toledo, hour and half-hour. shall operate as follows: (2) From December 1 through April (1) From April 1 through December 30, the draw shall open on signal if at 20— least 24 hours’ notice is given. (i) Between the hours of 7 a.m. and 11 (d) The draw of the Norfolk Southern p.m., the draw need open only from Bridge, Mile 1.5 at Port Clinton, is re- three minutes before to three minutes motely operated, is required to operate after the quarter and three-quarter a radio telephone, and shall open on hour with no opening required at 7:45 signal. However, from December 1 a.m. and 4:45 p.m. for pleasure craft; for through April 30, the draw shall open commercial vessels, during this period

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of time, the draw shall open on signal bia River Fishery below Bonneville as soon as possible. Dam. (ii) Between the hours of 11 p.m. and [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as 7 a.m., the draw shall open on signal amended by USCG–2000–7223, 65 FR 40056, for commercial vessels and pleasure June 29, 2000] craft. (2) From December 21 through March § 117.865 Clatskanie River. 31, no bridgetenders are required to be The draw of the Portland and West- at the bridge and the draw shall open ern railroad bridge, mile 0.7 at on signal from December 21 through Clatskanie, shall open on signal if at December 31, if at least a four hour ad- least one hours notice is given. How- vance notice is given and from January ever, the draw shall open promptly on 1 through March 31, if at least a twelve signal from four hours before to four hours after each day’s authorized com- hour advance notice is given. mercial fishing period established by (c) The draws of the CSX Transpor- the Columbia River Compact (Wash- tation railroad bridge, mile 1.07, Nor- ington State Department of Fisheries folk Southern railroad bridge, mile 1.80 and the Fish Commission of Oregon) and Norfolk Southern railroad bridge, for the Columbia River Fishery below mile 5.76, all at Toledo, shall operate as Bonneville Dam. follows: [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (1) From April 1 through December amended by USCG–2000–7223, 65 FR 40056, 20, the draws shall open on signal for June 29, 2000] all vessels. (2) From December 21 through March § 117.869 Columbia River. 31, no bridgetenders are required to be (a) The draws of the Interstate 5 at the bridges and the draws shall open Bridges, mile 106.5, between Portland, on signal for commercial vessels and OR, and Vancouver, WA, shall open on pleasure craft from December 21 signal except that the draws need not through December 31, if at least a four be opened for the passage of vessels hour advance notice is given and from from 6:30 a.m. to 9 a.m. and from 2:30 January 1 through March 31, if at least p.m. to 6 p.m. Monday through Friday a twelve hour advance notice is given. except federal holidays. (b) The draw of the Port of Hood (d) At all times, the bridges listed in River bridge, mile 169.8 at Hood River, this section shall open as soon as pos- shall open on signal if at least 12 hours sible for public vessels of the United notice is given. States, state or local government ves- (c) The draw of the Burlington North- sels used for public safety and vessels ern Santa Fe railroad bridge, mile in distress. 201.2, between Celilo, Oregon, and [CCGD09 86–11, 51 FR 39858, Nov. 3, 1986, as Wishram, Washington, is automated amended by USCG–1999–5832, 64 FR 34712, and is normally maintained in the fully June 29, 1999] open-to-navigation position. (1) Lights. All lights required for OREGON automated operation shall be visible to marine traffic for a distance of at least § 117.861 Blind Slough. 2 miles and shall be displayed at all The draws of the Portland and West- times, day and night. (i) When the draw is fully open, a ern railroad bridge, mile 1.1 at Knappa, steady green light shall be displayed at shall open on signal if at least one hour the center of the drawspan on both up- notice is given. However, the draw stream and downstream sides. shall open promptly on signal from (ii) When the draw is not fully open, four hours before to four hours after a steady red light shall be displayed at each day’s authorized commercial fish- the center of the drawspan on both up- ing period established by the Columbia stream and downstream sides. River Compact (Washington State De- (iii) When the draw is about to close, partment of Fisheries and the Fish flashing yellow lights in the form of a Commission of Oregon) for the Colum- down-pointing arrow shall be displayed

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at the center of the drawspan on both § 117.881 John Day River. upstream and downstream sides. The draw of the Portland and West- (2) Operation. When a train ap- ern railroad bridge, mile 0.0 near proaches the bridge, the yellow lights Astoria, shall open on signal if at least shall start flashing. After an 8-minute one hour notice is given. However, the delay, the green lights shall change to draw shall open promptly on signal red, the drawspan shall lower and lock, from four hours before to four hours and the yellow lights shall be extin- after each day’s authorized commercial guished. Red lights shall continue to be fishing period established by the Co- displayed until the train has crossed lumbia River Compact (Washington and the drawspan is again in the fully State Department of Fisheries and the open position. At that time, the red Fish Commission of Oregon) for the Co- lights shall change to green. lumbia River Fishery below Bonneville (3) Vessels equipped with radio- Dam. telephones may contact Burlington [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as Northern Santa Fe to obtain informa- amended by CGD13 91–07, 56 FR 67528, Dec. 31, tion on the status of the bridge. Bridge 1991; USCG–2000–7223, 65 FR 40056, June 29, status information also may be ob- 2000; USCG–2001–10881, 71 FR 70312, Dec. 4, tained by calling the commercial tele- 2006] phone number posted at the drawspan of the bridge. § 117.887 Oregon Slough (North Port- land Harbor). [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as The draw of the Burlington Northern amended by CCGD13 85–02, 50 FR 31591, Aug. 5, 1985; CGD13–93–031, 60 FR 32268, June 21, Santa Fe railroad bridge, mile 3.2 at 1995; CGD13–99–011, 65 FR 1544, Jan. 11, 2000] Portland, shall open on signal if at least one half hours notice is given. § 117.871 Coos Bay. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as The draw of the Port of Coos Bay amended by CGD13 84–13, 49 FR 35627, Sept. railroad bridge, mile 9.0 at North Bend, 11, 1984] shall be maintained in the fully open § 117.889 Siuslaw River. position, except for the crossing of trains or maintenance. (a) The draw of the US101 bridge, mile 5.0 at Florence, shall open on sig- [USCG–2009–0840, 75 FR 16006, Mar. 31, 2010] nal if at least two hours notice is given. § 117.873 Coos River. (b) The draw of the Central Oregon The draw of the Oregon State sec- and Pacific railroad bridge, mile 8.0 ondary highway bridge, mile 2.2 near near Cushman, shall open on signal if Eastside, shall open on signal if at at least 24 hours notice is given. least 12 hours notice is given. [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR § 117.875 Coquille River. 37382, Sept. 24, 1984, as amended by USCG– 1998–3799, 63 FR 35527, June 30, 1998] The draws of the US 101 highway bridge, mile 3.5 at Bandon, Oregon, § 117.892 South Slough. shall open on signal if at least two The drawspan for the Oregon State hours notice is given to the drawtender Highway Drawbridge across South at the Coos Bay South Slough bridge. Slough at Charleston must open on sig- [CGD13–94–033, 59 FR 52424, Oct. 18, 1994] nal for the passage of vessels, except that between the hours of 7 a.m. and 7 § 117.879 Isthmus Slough. p.m., from June 1 through September 30, the drawspan need be opened only The draw of the Oregon State sec- on the hour and half-hour. This excep- ondary highway bridge, mile 1.0, at tion does not apply to commercial tugs Coos Bay, shall open on signal if at and/or tows or public vessels of the least 24 hours notice is given. United States. [CGD13–88–19, 54 FR 3448, Jan. 24, 1989] [USCG–2001–10881, 71 FR 70312, Dec. 4, 2006]

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§ 117.893 Umpqua River. days notice is given. However, the draw (a) The draw of the US 101 Bridge, need not be opened on Saturdays, Sun- mile 11.1, at Reedsport, Oregon, shall days, and Federal Holidays. (c) The draws of the bridges listed in open on signal if at least two hours no- paragraph (c)(3) of this section shall tice is given. open on signal if appropriate advance (b) The draw of the Central Oregon notice is given to the drawtender of the and Pacific railroad bridge, mile 11.5 at Hawthorne Bridge subject to the fol- Reedsport, shall be maintained in the lowing requirements and exceptions: fully open position, except for the (1) The draws need not open for the crossing of trains or other railroad passage of vessels from 7 a.m. to 9 a.m. equipment or for maintenance. During and 4 p.m. to 6 p.m. every Monday foggy weather when the draw is closed through Friday; except that on New and the channel is not clear for the Year’s Day, Memorial Day, Fourth of passage of vessels, a fog horn with an July, Labor Day, Thanksgiving Day, audible range of one-half mile from the and Christmas Day, the draws shall draw shall be sounded. Two clear sig- open in accordance with the notice re- nals of approximately six seconds dura- quirements of paragraph (c)(3) below. tion each, repeated at intervals of 60 (2) During Rose Festival Week or seconds from completion of the second when the water elevation reaches and signal to commencement of the next remains above +12 feet, no advance no- signal, shall be sounded and repeated tice is required to request opening, ex- from commencement of closure to full cept during the normal closed periods opening of the draw. When the draw is in (c)(1) above. again in the open position, the fog horn (3)(i) Broadway Bridge, mile 11.7, shall be stopped, indicating that the from 8 a.m. to 5 p.m. Monday through channel is clear for the passage of ves- Friday, one hour’s notice shall be given sels. for draw openings. At all other times, (c) The draw of the US101 bridge notice of at least two hours in advance across the side channel of the Umpqua is required. River, mile 11.1 near Reedsport, need (ii) Steel Bridge (upper deck only), not be opened for the passage of ves- Portland, mile 12.1. From 8 a.m. to 5 sels. p.m. Monday through Friday, one [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as hour’s notice shall be given for draw amended by CGD13 84–13, 49 FR 35628, Sept. openings. At all other times, two hours 11, 1984; CCGD13 91–06, 56 FR 66599, Dec. 24, notice is required. 1991; USCG–1998–3799, 63 FR 35527, June 30, (iii) Burnside Bridge, mile 12.4, from 8 1998] a.m. to 5 p.m. Monday through Friday, § 117.895 Wallooskee River. one hour’s notice shall be given for draw openings. At all other times, two The draw of the Oregon State sec- hours notice is required. ondary highway bridge, mile 1.0 near (iv) Morrison Bridge, Portland, mile Astoria, shall open on signal if at least 12.8, from 8 a.m. to 5 p.m. Monday 48 hours notice is given. through Friday, one hour’s notice shall [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR be given for draw openings. At all other 37382, Sept. 24, 1984] times, two hours notice is required. (v) Hawthorne Bridge, Portland, mile § 117.897 Willamette River. 13.1, no advance notice required. (a) The draws of the Union Pacific [CGD13–05–023, 70 FR 73939, Dec. 14, 2005, as railroad bridge, mile 119.6 at Albany; amended by USCG–2008–0721, 74 FR 5986, Feb. and mile 164.3 near Harrisburg, need 4, 2009] not open for the passage of vessels. However the draws shall be returned to § 117.899 Youngs Bay and Lewis and operable condition within six months Clark River. after notification by the District Com- (a) The draw of the US101 (New mander to do so. Youngs Bay) highway bridge, mile 0.7, (b) The draw of the Oregon State across Youngs Bay at Smith Point, highway bridge, mile 132.1 at Corvallis, shall open on signal for the passage of shall open on signal if at least seven vessels if at least one half-hour notice

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is given to the drawtender at the Lewis painted white with black figures, nine and Clark River Bridge by marine inches high to indicate the vertical radio, telephone, or other suitable clearance under the closed draw at all means from 7 a.m. to 5 p.m. Monday stages of the tide. The gages shall be so through Friday and from 8 a.m. to 4 placed on the bridge that they are p.m. on Saturday and Sunday. At all plainly visible to operators of vessels other times, including all Federal holi- approaching the bridge either up or days but Columbus Day, at least a two- downstream. hour notice by telephone is required. (2) Trains shall be controlled so that The opening signal shall be two pro- any delay in opening of the draw shall longed blasts followed by one short blast. not exceed ten minutes except as pro- (b) The draw of the Oregon State (Old vided in § 117.31(b). However, if a train Youngs Bay) highway bridge, mile 2.4, moving toward the bridge has crossed across Youngs Bay foot of Fifth Street, the home signal for the bridge before shall open on signal for the passage of the signal requesting opening of the vessels if at least one half-hour notice bridge is given, the train may continue is given to the drawtender at the Lewis across the bridge and must clear the and Clark River Bridge by marine bridge interlocks before stopping. radio, telephone, or other suitable (3) From April 1 through October 31, means from 7 a.m. to 5 p.m. Monday the draw shall be left in the open posi- through Friday and from 8 a.m. to 4 tion at all times and will only be low- p.m. Saturday and Sunday. At all other ered for the passage of trains and to times, including all Federal holidays perform periodic maintenance author- but Columbus Day, at least a two-hour ized in accordance with subpart A of notice by telephone is required. The this part. opening signal is two prolonged blasts (4) The bridge will be operated by the followed by one short blast. (c) The draw of the Oregon State bridge/train controller at the Delair (Lewis and Clark River) highway Railroad Bridge in Delair, New Jersey. bridge, mile 1.0, across the Lewis and (5) Before the bridge closes for any Clark River, shall open on signal for reason, an on-site crewmember will ob- the passage of vessels if at least one serve the waterway for approaching half-hour notice is given by marine craft, which will be allowed to pass. radio, telephone, or other suitable The on-site crewmember will then means from 7 a.m. to 5 p.m. Monday communicate with the off-site bridge/ through Friday and from 8 a.m. to 4 train controller at the Delair Railroad p.m. on Saturday and Sunday. At all Bridge either by radio or telephone, re- other times, including all Federal holi- questing the off-site bridge/train con- days but Columbus Day, at least a two- troller to lower the bridge. hour notice by telephone is required. (6) The bridge shall only be lowered The opening signal is one prolonged from the remote site if the on-site blast followed by four short blasts. crewmember’s visual inspection shows [CGD13–06–048, 72 FR 9436, Mar. 2, 2007] there are no vessels in the area and the infrared channel sensors are not ob- PENNSYLVANIA structed. (7) While the CONRAIL Railroad § 117.901 Chester Creek. Bridge is moving from the full open to The draw of the Front Street bridge, the full closed position, the off-site mile 0.1 at Chester, shall open on signal bridge/train controller will maintain if at least 24 hours notice is given. constant surveillance of the naviga- § 117.903 Darby Creek. tional channel using infrared sensors to ensure no conflict with maritime (a) The draw of the CONRAIL Rail- traffic exists. In the event of failure or road Bridge, mile 0.3, at Essington, will obstruction of the infrared channel operate as follows: (1) The owner of this bridge on this sensors, the off-site bridge/train con- waterway shall provide and keep in troller will stop the bridge and return good legible condition two board gages the bridge to the open position. In the

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event of loss of radio or telephone com- § 117.905 Schuylkill River. munications with the on-site crew- (a) The following requirements apply member, the off-site bridge/train con- to all drawbridges across the Schuyl- troller will stop the bridge and the kill River: bridge return to the open position. (1) The draws of railroad bridges need (8) When the draw cannot be operated not be opened when there is a train in from the remote site, a bridge tender the bridge block approaching the must be called to operate the bridge in bridge with the intention of crossing, the traditional on-site manner. or within five minutes of the known (9) The CONRAIL Railroad channel time of the passage of a scheduled pas- traffic lights will change from flashing senger train. green to flashing red anytime the (2) The opening of a bridge may not bridge is not in the full open position. be delayed more than five minutes for (10) During downward span move- a highway bridge or 10 minutes for a ment, the channel traffic lights will railroad bridge, after the signal to open change from flashing green to flashing is given. red, the horn will sound two times, fol- (3) The owners of drawbridges shall lowed by a pause, and then two repeat provide and keep in good legible condi- blasts until the bridge is seated and tion two board gages painted white locked down. with black figures not less than six (11) When the rail traffic has cleared, inches high to indicate the vertical the off-site bridge/train controller at clearance under the closed draw at all the Delair Railroad Bridge will sound stages of the tide. The gages shall be so the horn five times to signal the draw placed on the bridge that they are of the CONRAIL Railroad Bridge is plainly visible to operators of vessels about to return to its full open posi- approaching the bridge either up or tion. downstream. (12) During upward span movement, (b) The Passyunk Avenue bridge, the channel traffic lights will change mile 3.5 at Philadelphia, shall open on from flashing green to flashing red, the signal at all times if at least four hours horn will sound two times, followed by notice is given. Public vessels of the a pause, and then sound repeat blasts United States shall be passed as soon until the bridge is in the full open posi- as possible at any time. tion. In the full open position, the (c) The draw of the Conrail bridge, channel traffic lights will then turn mile 5.5 at Grays Ferry Avenue, Phila- from flashing red to flashing green. delphia, shall open on signal; except (13) From November 1 through March that, on Saturdays and Sundays, the 31, the draw shall open on signal if at draw shall open on signal if at least least 24 hours notice is given by tele- two hours notice is given. Public ves- phone at (856) 231–7088 or (856) 662–8201. sels of the United States shall be Operational information will be pro- passed as soon as possible at any time. vided 24 hours a day by telephone at (d) The draw of the University Ave- (856) 231–7088 or (856) 662–8201. nue bridge, mile 6.2 at Philadelphia, (b) The Reading Railroad Bridge, shall open on signal at all times if at mile 0.3, at Essington, will be left in least two hours notice is given. Public the full open position at all times. vessels of the United States shall be [CGD05–01–052, 67 FR 64170, Feb. 11, 2002, as passed as soon as possible at any time. amended by CGD05–06–086, 71 FR 77615, Dec. (e) The draw of the Conrail bridge, 27, 2006] mile 6.4 near Christian Street, Phila- delphia, shall open on signal if at least § 117.904 Delaware River. two hours notice is given. See § 117.716, Delaware River, listed [CGD 82–025, 49 FR 43462, Oct. 29, 1984] under New Jersey. [CGD 92–015, 57 FR 37880, Aug. 21, 1992]

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RHODE ISLAND [RESERVED] (f) Lady’s Island Bridge, across the Beaufort River, Mile 536.0 at Beaufort. SOUTH CAROLINA The draw shall operate as follows: (1) On Monday through Friday, ex- § 117.911 Atlantic Intracoastal Water- cept Federal holidays: way, Little River to Savannah (i) From 7 a.m. to 9 a.m. and 4 p.m. to River. 6 p.m., the draw need not open; and, (a) General. Public vessels of the (ii) Between 9 a.m. to 4 p.m., the United States and tugs with tows, upon draw need open only on the hour and proper signal, will be passed through half-hour. the drawspan of each drawbridge listed (2) At all other times the draw shall in this section at anytime. open on signal. (b) [Reserved] (c) Ben Sawyer (SR 703) bridge across [CGD7 84–29, 50 FR 51250, Dec. 16, 1985] Sullivan’s Island Narrows, mile 462.2 be- EDITORIAL NOTE: For FEDERAL REGISTER ci- tween Sullivan’s Island and Mount Pleas- tations affecting § 117.911, see the List of CFR ant. The draw shall open on signal; ex- Sections Affected, which appears in the cept that, the draw need not open from Finding Aids section of the printed volume 7 a.m. to 9 a.m. and from 4 p.m. to 6 and at www.fdsys.gov. p.m. Monday through Friday except § 117.913 Ashepoo River. Federal holidays. On Saturdays, Sun- days, and Federal holidays from 9 a.m. The draw of the Seaboard System to 7 p.m. the draw need open only on Railroad bridge, mile 32.0 at Ashepoo, the hour. need not be opened for the passage of (d) SR 171/700 bridge across Wappoo vessels. However, the draw shall be re- Creek Mile 470.8 at Charleston. The draw turned to operable condition within six shall open on signal, except that from months after notification by the Dis- April 1 to November 30 from 9 a.m. to trict Commander to do so. 4 p.m. Monday through Friday, except § 117.915 Ashley River. federal holidays, and from 9 a.m. to 7 p.m., on Saturdays, Sundays and fed- (a) The draws of the US17 highway eral holidays, the bridge need not open bridges, miles 2.4 and 2.5 at Charleston, except on the hour and half-hour. From shall open on signal; except that, from June 1 to September 30 and from De- 7 a.m. to 9 a.m. Monday through Friday cember 1 to March 30 the draw need not and 4 p.m. to 7 p.m. daily, the draws open from 6:30 a.m. to 9 a.m. and from need be opened only if at least 12 hours 4 p.m. to 6:30 p.m. Monday through Fri- notice is given. The draws of either day, except federal holidays, and from bridge shall open as soon as possible for April 1 to May 31 and from October 1 to the passage of vessels in an emergency November 30 Monday through Friday, involving danger to life or property. except federal holidays, the draw need (b) The draw of the Seaboard System not open from 6 a.m. to 9 a.m. and from Railroad bridge, mile 12.0 near Drayton 4 p.m. to 6:30 p.m. Hall, shall open on signal from 7 a.m. (e) John Limehouse Bridge across the to 11 p.m. From 11 p.m. to 7 a.m., the Stone River, mile 479.3 at Johns Island. draw shall open on signal if at least The draw of the John Limehouse three hours notice is given. Bridge shall open on signal; except that the draw need not open from 6:30 a.m. § 117.917 Battery Creek. to 9 a.m. and from 4 p.m. to 6:30 p.m., The draw of the State highway Monday through Friday except Federal bridge, mile 2.1 between Beaufort and holidays. Between 9 a.m. and 4 p.m., Parris Island, shall open on signal if at Monday through Friday except Federal least 24 hours notice is given. holidays, the draw need open only on the hour and half hour. The draw shall § 117.921 Broad River. open as soon as possible for the passage (a) The draw of the S170 bridge, mile of tugs with tows, public vessels of the 14.0 near Beaufort, shall open on signal United States and vessels in a situa- if at least 24 hours notice is given. tion where a delay would endanger life (b) The draw of the Seaboard System or property. Railroad bridge, mile 17.0 near Whale

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Branch, shall open on signal if at least § 117.938 Waccamaw River. 24 hours notice is given. The draw of the Waccamaw Coast § 117.923 Congaree River. Line Railroad bridge, mile 44.4 at Conway, shall open on signal; except The draw of the Southern Railway that from 8 a.m. to 6 p.m. Monday bridge, mile 4.3 at Moye’s Station, through Friday, the draw shall open on shall open on signal if at least 24 hours signal if at least one hour notice is notice is given. given. § 117.925 Cooper River. [CGD7–90–80, 56 FR 1491, Jan. 15, 1991] The draw of the Seaboard System Railroad bridge, mile 42.8 near § 117.939 Wando River. Cordesville, shall open on signal if at The draw of the S41 bridge, mile 10.0 least six hours advance notice is given. near Cainhoy, shall open on signal if at [CGD 7–85–24, 50 FR 37175, Sept. 12, 1985] least 12 hours notice is given.

§ 117.927 Coosaw River (Whale SOUTH DAKOTA Branch). § 117.941 Missouri River. The draw of the Seaboard System Railroad bridge, mile 5.3 at Seabrook, The draws of the US81 bridge, mile and the draw of the US21 bridge, mile 805.7 at Yankton, and the Chicago and 7.0 at Beaufort, shall open on signal Northwestern Railroad bridge, mile from 6 a.m. to 8 p.m. Monday through 1066.5 at Pierre, need not be opened for Friday if at least 24 hours notice is the passage of vessels. given. At all other times, the draw need not be opened for the passage of TENNESSEE vessels. § 117.943 Cumberland River. § 117.929 Durham Creek. The draw of the Clarksville Railroad The removable span of the Seaboard bridge over the Cumberland River, mile System Railroad bridge, mile 1.7 at 126.5, at Clarksville, shall open on sig- Bushy Park, shall be removed to allow nal when the vertical clearance under the passage of dredges and construc- the navigational span is 47 feet or less. tion equipment if at least 20 days no- The draw shall open on signal if at tice is given. When notified by the City least two hours notice is given when of Charleston of an emergency in the the vertical clearance is greater than Bushy Park Reservoir, the span shall 47 feet. The draw need not be opened be removed as soon as possible to per- for a vessel that arrives at the bridge mit the passage of dredges and con- more than 30 minutes after the time struction equipment. specified in the notice, unless a second two hours notice has been given. § 117.933 Pee Dee River. [CGD02 86–01, 51 FR 32319, Sept. 11, 1986, as The draws of the Seaboard System amended by USCG–1998–3799, 63 FR 35527, Railroad bridges, mile 72.6 near Poston June 30, 1998] and mile 107.2 near Pee Dee, need not be opened for the passage of vessels. § 117.945 Hatchie River.

§ 117.935 Rantowles Creek. The draws of the Illinois Central Gulf railroad bridge, mile 35.0 at Covington, The draw of the Seaboard System and the Seaboard System Railroad Railroad bridge, 1.1 near Rantowles, bridge, mile 71.0 at Brownsville, need need not be opened for the passage of not be opened for the passage of ves- vessels. sels.

§ 117.936 Savannah River. § 117.947 Obion River. See § 117.371, Savannah River, listed The draws of all bridges on the Obion under Georgia. River need not be opened for the pas- [CGD 92–015, 57 FR 37880, Aug. 21, 1992] sage of vessels.

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§ 117.949 Tennessee River. (b) The draw of the Union Pacific Rail Road Bridge, mile 3.1, need not be The draws of the Chief John Ross opened to the passage of vessels. Bridge over the Tennessee River, mile 464.1, at Chattanooga, and the South- [CGD–8–89–11, 55 FR 2066, Jan. 22, 1990, as ern Railway Bridge over the Tennessee amended by CGD08–98–066, 63 FR 55030, Oct. 14, 1998; USCG–2011–0100, 76 FR 16296, Mar. 23, River, mile 470.7, at Hixon, Tennessee, 2011] shall open on signal when the vertical clearance beneath the draw is 50 feet or § 117.957 Cedar Bayou. less. When the vertical clearance be- The draw of the Union Pacific rail- neath the draw is more than 50 feet, at road automated bridge, mile 7.0 at Bay- least eight hours notice is required. town, operates as follows: When the operator of a vessel returning (a) The draw shall be maintained at a through the draw within four hours in- vertical clearance of 81.4 feet above forms the drawtender of the probable mean high water. Fixed green naviga- time of return, the drawtender shall re- tion lights shall be displayed in the turn one half hour before the time center of the draw. specified and promptly open the draw (b) When a train approaches the on signal for the vessel without further bridge, the navigation lights shall be notice. If the vessel giving notice fails changed from green to red, alternating to arrive within one hour after the ar- flashing red lights turned on, and a rival time specified, whether upbound horn sounded for six minutes. At the or downbound, a second eight hours no- end of six minutes, the draw may be tice is required. lowered and locked if the scanning equipment does not detect any object [CGD02 86–02, 51 FR 32320, Sept. 11, 1986; 51 under the span. If the scanning equip- FR 41894, Nov. 19, 1986, as amended by USCG– ment detects an obstruction, the draw 2001–10881, 71 FR 70312, Dec. 4, 2006] shall be raised until the obstruction is cleared. TEXAS (c) After a train has cleared the bridge, the draw shall be raised to 81.4 § 117.951 Arroyo Colorado River. feet above mean high water, the flash- The draw of the S106 highway bridge, ing red lights stopped, and the naviga- mile 22.5 at Rio Hondo, shall open on tion lights changed from red to green. signal if at least 12 hours notice is given. § 117.959 Chocolate Bayou. The draw of the Union Pacific rail- § 117.953 Brazos River (Diversion road bridge, mile 11.4 at Liverpool, Channel). need not be opened for the passage of (a) The draw of the S36 highway vessels. bridge, mile 4.4 at Freeport, shall open § 117.963 Colorado River. on signal if at least 12 hours notice is given. The draw of the highway bridge, mile (b) The draw of the Union Pacific 10.7 at Wadsworth need open on signal railroad bridge, mile 22.6 at Brazoria, Monday through Friday only, and then need not be opened for the passage of only from 8 a.m. to 5 p.m. At least 48 hours notice is required. vessels. [CGD8–90–22, 56 FR 488, Jan. 7, 1991] § 117.955 Buffalo Bayou. § 117.965 Cow Bayou. (a) The draw of the Houston Belt and Terminal railroad bridge, mile 1.2 at The draws of the Orange County Houston, and all drawbridges down- highway bridge, mile 2.9 at West Or- stream of it, shall open on signal if at ange, and the S87 bridge, mile 4.5 at least 24 hours notice if given. Bridge City, shall open on signal if at least six hours notice is given. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by USCG–2012–0306, 77 FR 37315, June 21, 2012]

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§ 117.966 Galveston Channel. above mean high tide. This bridge will open on signal. The drawspan for the Pelican Island (1) Mariners may request a bridge Causeway Drawbridge across Galveston opening at anytime via one of the fol- Channel, mile 4.5 of the Galveston lowing methods: Channel, (GIWW mile 356.1) at Gal- (i) Telephone at 1–800–892–6295; veston, Texas, must open on signal; ex- (ii) Marine radio on VHF-FM Channel cept that, from 6:40 a.m. to 8:10 a.m., 12 16; or noon to 1 p.m., and 4:15 p.m. to 5:15 (iii) Proper sound signal as prescribed p.m. Monday through Friday except in § 117.15. Federal holidays, the drawspan need (2) When signaling by sound, if return not be opened for passage of vessels. sound signal is not sent from the re- Public vessels of the United States mote bridge operator, in compliance must be passed at anytime. with § 117.15, contact the remote oper- [USCG–2001–10881, 71 FR 70312, Dec. 4, 2006. ator via telephone or marine radio. Redesignated by USCG–2011–0257, 76 FR 31837, (3) An audible warning siren will June 2, 2011] sound when the bridge is in motion. Video cameras will constantly monitor § 117.967 Greens Bayou. the waterway near and under the draw. The draw of the Port Terminal Rail- Once a vessel has passed through the road Association railroad bridge, mile bridge, the draw will lower, provided 2.8 at Houston, shall open on signal if the infrared ‘‘under bridge’’ presence at least four hours notice is given. The detector and video cameras reveal draw shall open on signal for three nothing under the draw. hours thereafter for returning (b) The draw of the Burlington downbound vessels. Northern Santa Fe railroad bridge, mile 53.9 at Evadale, need not be § 117.968 Gulf Intracoastal Waterway. opened for the passage of vessels. The drawspan for the Port Isabel [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as Drawbridge, mile 666.0, must open on amended by CGD 08–00–026, 65 FR 71059, Nov. signal; except that, from 5 a.m. to 8 29, 2000; USCG–2011–0257, 76 FR 31837, June 2, p.m. on weekdays only, excluding fed- 2011] eral, state, and local holidays, the drawspan need open only on the hour § 117.975 Old Brazos River. for pleasure craft. The drawspan must The draw of the Union Pacific rail- open on signal at anytime for commer- road bridge, mile 4.4 at Freeport, shall cial vessels. When the drawspan is open be maintained in the fully open posi- for a commercial vessel, waiting pleas- tion, except for the crossing of trains ure craft must be passed. or for maintenance.

[USCG–2001–10881, 71 FR 70312, Dec. 4, 2006] § 117.979 Sabine Lake. § 117.969 Lavaca River. The draw of the S82 bridge, mile 10.0 at Port Arthur, shall open on signal; The draws of the Union Pacific rail- except that, from 9 p.m. to 5 a.m., the road bridge, mile 11.2, and the highway draw shall open on signal if at least six bridge, mile 11.2, both at Vanderbilt, hours notice is given to the Mainte- shall open on signal if at least 48 hours nance Construction Supervisor or the notice is given. In emergencies, the Maintenance Foreman at Port Arthur. draws shall open as soon as possible. § 117.981 Sabine River. § 117.971 Neches River. See § 117.493, Sabine River, listed (a) The draw of the Kansas City under Louisiana. Southern automated bridge, mile 19.5, at Beaumont, is not constantly [CGD 92–015, 57 FR 37880, Aug. 21, 1992] manned and is operated from a remote site in Shreveport, Louisiana. The § 117.984 San Bernard River. bridge is normally maintained in the The draw of the Union Pacific rail- closed to navigation position, pro- road bridge, mile 20.7 near Brazoria, viding 13 feet of vertical clearance shall open on signal; except that, from

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10 a.m. to 2 p.m. and 10 p.m. to 2 a.m., (iii) At all other times, if at least two the draw shall open on signal if at least hours notice is given. three hours notice is given. (2) From September 16 through June [CGD 08–84–14, 50 FR 15743, Apr. 22, 1985] 14, if at least 24 hours notice is given. (d) The draw of the SR78 bridge, mile § 117.987 Taylor Bayou. 105.9 between Alburg Tongue and East Alburg, shall open on signal if at least The draws of the Union Pacific rail- 24 hours notice is given. road bridge, mile 2.0, and the S73 bridge, mile 10.2, both at West Port Ar- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as thur, need not be opened for the pas- amended by CGD3 83–059, 49 FR 44208, Nov. 5, sage of vessels. 1984; CGD01–98–032, 64 FR 28103, May 25, 1999; USCG–2001–10881, 71 FR 70312, Dec. 4, 2006] § 117.989 Trinity River. VIRGINIA The draws of the Union Pacific Rail- road bridges, mile 41.4 at Liberty, mile § 117.995 Appomattox River. 54.8 at Kenefick, mile 117.3 at Goodrich, mile 181.8 at Riverside, and the Bur- The draw of the Seaboard System lington Northern Santa Fe railroad Railroad bridge, mile 2.5 at Hopewell, bridge, mile 96.2 at Romayor, need not shall open on signal if at least 24 hours be opened for the passage of vessels. notice is given to the Seaboard System Agent at Hopewell. However, a [USCG–1998–3799, 63 FR 35527, June 30, 1998] drawtender shall be in constant attendance and the draw shall open on signal VERMONT upon 30 days notice, in writing, to do so from the District Commander. § 117.993 Lake Champlain. (a) The drawspan for each of the § 117.997 Atlantic Intracoastal Water- drawbridges listed in this section must way, South Branch of the Elizabeth open as soon as possible for the passage River to the Albermarle and Chesa- of public vessels of the United States. peake Canal. (b) The draw of the US2 Bridge, mile (a) The draw of the Belt Line Rail- 91.8, over Lake Champlain, between road Bridge, mile 2.6, in Portsmouth South Hero Island and North Hero Is- and Chesapeake will operate as follows: land, shall operate as follows: (1) The bridge will be left in the open (1) The draw shall open on signal on position at all times and will only be the hour and the half hour from May lowered for the passage of trains and to 15th through October 15th from 8 a.m. perform periodic maintenance author- to 8 p.m. daily. ized in accordance with subpart A of (2) The draw shall open on signal this part. from May 15th through October 15th (2) The bridge will be operated by the from 8 p.m. to 8 a.m. if at least four controller at the Berkley Yard office. hours notice is given by calling the (3) The controller will monitor water- number posted at the bridge. way traffic in the area of the bridge (3) The draw shall open on signal and directly beneath the bridge with from October 16th through May 14th if closed circuit cameras mounted on top at least four hours notice is given by of the bridge and with surface naviga- calling the number posted at the tional radar. bridge. (4) When the bridge closes for any (c) The draw of the Central Vermont reason, the controller will announce 30 Railway bridge across Missisquoi Bay, minutes in advance, 15 minutes in ad- mile 105.6 shall open on signal: vance, and immediately proceeding the (1) From June 15 through September actual lowering, over marine channel 15: 13, that the Belt Line Railroad Bridge (i) Monday through Friday from 9 is closing for river traffic. In each of a.m. to 5 p.m.: these three announcements, the bridge/ (ii) Saturdays, Sundays, Independ- train controller will request all con- ence Day and Labor Day from 7 a.m. to cerned river traffic to please acknowl- 11 p.m.; edge on marine channel 13.

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(5) The bridge shall only be operated (1) Shall open on signal at any time from the remote site if closed circuit for commercial vessels carrying lique- visual and radar information shows fied flammable gas or other hazardous there are no vessels in the area and no materials. opposing radio communications have (2) From 6:30 a.m. to 8:30 a.m. and been received. from 3:30 p.m. to 5:30 p.m., Monday (6) While the Belt Line Bridge is through Friday, except Federal holi- moving from the full open position to days: the full closed position, the bridge/ (i) Need not open for the passage of train controller will maintain constant recreational or commercial vessels surveillance of the navigational chan- that do not qualify under paragraph nel to ensure no conflict with maritime (d)(2)(ii) of this section. traffic exists. In the event of failure of (ii) Need not open for commercial a camera or the radar system, or loss cargo vessels, including tugs, and tugs of marine-radio communications, the with tows, unless 2 hours advance no- bridge shall not be operated by the off- tice has been given to the Gilmerton site bridge/train controller from the re- Bridge at (757) 545–1512. mote location. (3) Shall open on signal at all other (7) If the off-site bridge/train control- times. ler’s visibility of the navigational (d) The draw of the Norfolk Southern channel is less than 3⁄4 of a mile, the #7 Railroad Bridge, mile 5.8 in Chesa- bridge shall not be operated from the peake, shall operate as follows: remote location. (1) The draw shall be remotely con- (8) When the draw cannot be operated trolled by the operator at the Norfolk from the remote site, a bridgetender Southern #5 Railroad Bridge office over must be called to operate the bridge in the Eastern Branch of the Elizabeth the traditional on-site manner. River, at mile 1.1, in Norfolk. (9) The Belt Line mid-channel lights (2) The draw shall be left in the open will change from green to red anytime position to vessels and will only be the bridge is not in the full open position. closed for the passage of trains and to perform periodic maintenance author- (10) During the downward and upward ized in accordance with subpart A of span movement, a warning alarm will this part. sound until the bridge is seated and locked down or in the full open posi- (3) Trains shall be controlled so that tion. any delay in opening of the draw shall (11) When the bridge has returned to not exceed ten minutes except as pro- its full up position, the mid-channel vided in § 117.31(b). light will turn from red to green, and (4) Before the bridge closes for any the controller will announce over ma- reason, the off-site remote operator rine radio channel 13, ‘‘Security, secu- will monitor waterway traffic in the rity, security, the Belt Line bridge is area with closed circuit cameras and open for river traffic.’’ Operational in- motion sensors mounted on the bridge. formation will be provided 24 hours a The bridge will only be closed if the day on marine channel 13 and via tele- off-site remote operator’s visual in- phone (757) 543–1996 or (757) 545–2941. spection shows that the channel is (b) The draw of the Norfolk and West- clear and there are no vessels ern railroad bridge across the South transiting in the area. Branch of the Elizabeth River, mile 3.6 (5) While the bridge is moving from at Portsmouth-Chesapeake, shall be the full open position to the full closed maintained in the open position; except position, the off-site remote operator the draw may close for the crossing of will maintain constant surveillance of trains and maintenance of the bridge. the navigation channel to ensure that When the draw is closed, a drawtender no conflict with maritime traffic ex- shall be present and the draw shall ists. In the event of failure or obstruc- open on signal. tion, the off-site remote operator will (c) The draw of the Gilmerton (US13/ stop and return the bridge to the full 460) bridge, mile 5.8, in Chesapeake: open position to vessels. In the event of

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a failure or obstruction, a bridge ten- Sundays, and Federal holidays, the der must be called by the off-site re- draw need only be opened every hour mote operator and must be on-site on the hour, except the draw shall open within 30 minutes of the call to operate on signal for commercial vessels that the bridge. qualify under paragraphs (g)(1) or (g)(2) (6) During closing of the span, the of this section. channel traffic lights will change from (4) If any vessel is approaching the flashing green to flashing red, the horn bridge and cannot reach the draw ex- will sound twice, and an audio voice actly on the hour, the drawtender may warning device will announce bridge delay the opening up to ten minutes movement, then two repeat blasts of past the hour for the passage of the ap- the horn will sound until the bridge is proaching vessel and any other vessels seated and locked down. When the that are waiting to pass. bridge is seated and locked down to (5) Shall open on signal at all other vessels, the channel traffic lights will times. flash red. (g) The draw of the S168 bridge, mile (7) During the open span movement, 12 at Chesapeake (Great Bridge), shall the channel traffic lights will flash red, open on signal; except that, from 6 a.m. the horn will sound twice, followed by to 7 p.m., the draw need be opened only a pause, and then five repeat blasts of on the hour. If any vessel is approach- the horn will sound until the bridge is ing the bridge and cannot reach the in the full open position to vessels. In draw exactly on the hour, the the full open position to vessels, the drawtender may delay the hourly open- bridge channel traffic lights will turn ing up to 10 minutes past the hour for from flashing red to flashing green the passage of the approaching vessel then an audio warning device will an- and any other vessels that are waiting nounce bridge movement by stating to pass. Vessels in an emergency condi- ‘‘Security, security, security, the Nor- tion which presents danger to life or folk Southern #7 Railroad Bridge at property shall be passed at any time. mile 5.8 is open for river traffic’’. (8) Operational information will be (h) The draw of the Albemarle & provided 24 hours a day on marine Chesapeake Railroad bridge, mile 13.9, channel 13 and via telephone (757) 924– in Chesapeake, Virginia, shall be main- 5320. tained in the open position; the draw (e) The draw of the I64 bridge across may close only for the crossing of the South Branch of the Elizabeth trains and maintenance of the bridge. River, mile 7.1 at Chesapeake, shall When the draw is closed, a bridgetender open on signal if at least 24 hours no- shall be present to reopen the draw tice is given. after the train has cleared the bridge. (f) The draw of the Dominion Boule- (i) The draw of the Centerville Turn- vard (US 17) bridge, mile 8.8 in Chesa- pike (SR170) bridge across the Albe- peake: marle and Chesapeake Canal, mile 15.2, (1) Shall open on signal at any time at Chesapeake: for commercial vessels carrying lique- (1) Shall open on signal at any time fied flammable gas or other hazardous for commercial vessels carrying lique- materials. fied flammable gas or other hazardous (2) From 7 a.m. to 9 a.m. and from 4 materials. p.m. to 6 p.m., Monday through Friday, (2) From 6:30 a.m. to 8:30 a.m. and need not open for the passage of rec- from 4 p.m. to 6 p.m., Monday through reational vessels, and need open for Friday, except Federal holidays: commercial cargo vessels not carrying (i) Need not open for the passage of hazardous materials, including tugs recreational or commercial vessels and tugs with tows, only when notice that do not qualify under paragraph has been given at least 2 hours in ad- (i)(2)(ii) of this section. vance to the Dominion Boulevard (ii) Need not open for commercial Bridge at (757) 547–0521. cargo vessels, including tugs, and tugs (3) From 6 a.m. to 7 a.m. and from 9 with tows, unless 2 hours advance no- a.m. to 4 p.m., Monday to Friday, and tice has been given to the Centerville from 6 a.m. to 6 p.m. on Saturdays, Turnpike bridge at (757) 547–3632.

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(3) From 8:30 a.m. to 4 p.m., Monday (6) Shall open on signal at all other through Friday, except Federal holi- times. days, the draw need only be opened on [CGD 82–025, 49 FR 17452, Apr. 24, 1984] the hour and half hour. (4) If any vessel is approaching the EDITORIAL NOTE: For FEDERAL REGISTER ci- bridge and cannot reach the draw ex- tations affecting § 117.997, see the List of CFR actly on the hour or half hour, the Sections Affected, which appears in the drawtender may delay the opening ten Finding Aids section of the printed volume and at www.fdsys.gov. minutes past the hour or half hour for the passage of the approaching vessel EFFECTIVE DATE NOTE: At 76 FR 34852, June and any other vessels that are waiting 15, 2011, § 117.997 was amended by suspending to pass. paragraph (c) and temporarily adding a new (5) Shall open on signal at all other paragraph (j), effective June 19, 2011 through Dec. 20, 2013. times. (j) The draw of the Gilmerton (US13/ § 117.999 Blackwater River. 460) Bridge, mile 5.8, in Chesapeake: (1) Shall open on signal at any time The draw of the S189 bridge, mile 9.2 for commercial vessels carrying lique- at South Quay, need not be opened for fied flammable gas or other hazardous the passage of vessels. materials. [USCG–2011–0943, 77 FR 20718, Apr. 6, 2012] (2) From 6:30 a.m. to 9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday § 117.1001 Cat Point Creek. through Friday, except Federal holi- The draw of the S634 bridge, mile 0.3 days: at Naylors, need not be opened for the (i) Need not open for the passage of passage of vessels. recreational or commercial vessels that do not qualify under paragraph § 117.1003 Chickahominy River. (j)(2)(ii) of this section. (ii) Need not open for commercial The draw of the highway bridge, mile cargo vessels, including tugs, and tugs 1.5 at Barrets Ferry, shall open on sig- with tows, unless 2 hours advance no- nal; except that, from 11 p.m. to 7 a.m., tice has been given to the Gilmerton the draw shall open on signal if at least Bridge at (757) 545–1512. 12 hours notice is given. (3) From 9:30 a.m. to 3:30 p.m. Mon- [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR day through Friday and from 6:30 a.m. 37382, Sept. 24, 1984] to 6:30 p.m. Saturdays, Sundays and Federal holidays, the draw need only § 117.1005 Chincoteague Channel. be opened every hour on the half hour, The draw of the SR 175 Bridge, mile except the draw shall open on signal 3.5, at Chincoteague shall open on de- for commercial vessels that qualify mand from midnight to 6 a.m., and under paragraphs (j)(1) and (j)(2)(ii) of every one and a half hours from 6 a.m. this section. to midnight (at 6 a.m., 7:30 a.m., 9 a.m., (4) If any vessel is approaching the 10:30 a.m., 12 p.m., 1:30 p.m., 3 p.m., 4:30 bridge and cannot reach the draw ex- p.m., 6 p.m., 7:30 p.m., 9 p.m. 10:30 p.m. actly on the half hour per paragraph and midnight); except from 7 a.m. to 5 (j)(3) of this section, the draw tender p.m. on the last consecutive Wednesday may delay the opening up to 10 min- and Thursday in July, the draw need utes past the half hour for passage of not be opened. the approaching vessel and any other vessels that are waiting to pass. [CGDO5–06–002, 71 FR 66673, Nov. 16, 2006] (5) If the Norfolk & Southern Rail- road Bridge #7, at mile 5.8, is not § 117.1007 Elizabeth River—Eastern opened during a particular scheduled Branch. opening for the Gilmerton Bridge and (a) The draw of the Norfolk Southern vessels were delayed, the draw tender Railroad Bridge (NS #V2.8), mile 2.7 at at the Gilmerton Bridge may provide a Norfolk, shall operate as follows: single opening for waiting vessels, once (1) The draw shall remain in the open the Norfolk & Southern Railroad position for navigation. The draw shall Bridge #7 reopens for vessels. only be closed for train crossings or

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periodic maintenance authorized in ac- river traffic.’’ Vessels shall stay clear cordance with subpart A of this part. of both channels as to not interfere (2) The bridge shall be operated by with infrared detectors, until green the controller at the Norfolk Southern lights are displayed on the swing span. Railroad Bridge (NS #5), mile 1.1, over (b) The draw of the Berkley Bridge the Eastern Branch of the Elizabeth mile 0.4. at Norfolk, shall remain River in Norfolk, VA. The controller closed one hour prior to the published shall monitor vessel traffic with closed start of a scheduled marine event regu- circuit cameras and infrared sensors lated under § 100.501, and shall remain covering the swing radius. Operational closed until one hour following the information will be provided 24 hours a completion of the event unless the Pa- day on marine channel 13 and via tele- trol Commander designated under phone (757) 446–5320. § 100.501 allows the bridge to open for (3) The bridge shall not be operated commercial vessel traffic. from the remote location in the fol- (c) The draw of the Berkley Bridge, lowing events: Failure or obstruction mile 0.4 in Norfolk— of the infrared sensors, closed-circuit (1) Shall open on signal at any time, cameras or marine-radio communica- except from 5 a.m. to 9 a.m. and from tions, or anytime controller’s visibility 3 p.m. to 7 p.m., Monday through Fri- is inhibited. In these situations, a day, except Federal holidays. bridge tender with Norfolk Southern (2) From 5 a.m. to 9 a.m. and from 3 must be called to operate the bridge p.m. to 7 p.m., Monday through Friday, on-site. except Federal holidays, shall open at (4) Before the bridge closes for any any time for commercial vessels with a reason, the remote operator will mon- draft of 18 feet or more, provided that itor waterway traffic in the area. The at least 6 hours advance notice has bridge shall only be closed if the off- been given to the Berkley Bridge Traf- site remote operator’s visual inspec- fic Control room at (757) 494–2490. tion shows that the channel is clear and there are no vessels transiting in (d) The draw of the Berkley Bridge, the area. While the bridge is moving, mile 0.4, at Norfolk, shall operate as the operator shall maintain constant follows: surveillance of the navigation channel. (1) The draw shall remain closed one (5) Before closing the draw, the chan- hour prior to the published start of a nel traffic lights will change from scheduled marine event regulated flashing green to flashing red, the horn under Sec. 100.501, and shall remain will sound five short blasts, and an closed until one hour following the audio voice warning stating, ‘‘Atten- completion of the event unless the Pa- tion, Attention. Norfolk Southern’s trol Commander designated under Sec. Railroad Bridge over the Eastern 100.501 allows the bridge to open for Branch of the Elizabeth River at mile- commercial vessel traffic. post 2.7 will be closing to river traffic.’’ (2) The draw shall open on signal at Five short blasts of the horn will con- any time for vessels carrying, in bulk, tinue until the bridge is seated and cargoes regulated by 46 CFR sub- locked down to vessels, the channel chapters D or O, or Certain Dangerous traffic lights will continue to flash red. Cargoes as defined in 33 CFR 160.204. (6) When the rail traffic has cleared, (3) For all other vessels, the draw the horn will sound one prolonged blast shall open on signal at any time, ex- followed by one short blast to indicate cept from 5 a.m. to 7 p.m., Monday that the draw is opening to vessel traf- through Friday, except Federal holi- fic. During the opening swing move- days. During these times, the draw ment, the channel traffic lights will shall: flash red until the bridge returns to the (i) Open for commercial vessels with fully open position. In the full open po- a draft of 18 feet or more, provided at sition to vessels, the bridge channel least 6 hours notice was given to the lights will flash green followed by an Berkley Bridge Traffic Control room at announcement stating, ‘‘Security, se- (757) 494–2490. curity, security. Norfolk Southern (ii) Open on signal at 9 a.m., 11 a.m., Railroad Bridge at mile 2.7 is open for 1 p.m. and 2:30 p.m.

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(4) If the bridge is not opened during and half hour for the passage of pleas- a particular scheduled opening per ure craft. Public vessels of the United paragraph (d)(3)(ii) of this section and States, commercial vessels, and vessels a vessel has made prior arrangements in an emergency endangering life or for a delayed opening, the draw tender property shall be passed at any time. may provide a single opening up to 30 minutes past that scheduled opening § 117.1023 Pamunkey River. time for that signaling vessel, except The draw of the Eltham Bridge (SR33/ at 2:30 p.m. The draw tender may pro- 30) mile 1.0, located in West Point, Vir- vide a single opening up to 20 minutes ginia shall open on signal if at least past the 2:30 p.m. scheduled opening four hours notice is given at all times. time for a signaling vessel that made [USCG–2008–1175, 74 FR 29947, June 24, 2009] prior arrangements for a delayed opening. A vessel may make prior arrange- § 117.1025 York River. ments for a delayed opening by con- (a) The Coleman Memorial bridge, tacting the Berkley Bridge Traffic Con- mile 7.0, at Yorktown, shall open on trol room at (757) 494–2490. signal; except from 5 a.m. to 8 a.m. and [CGD 82–025, 49 FR 43463, Oct. 29, 1984, as 3 p.m. to 7 p.m., Monday through Fri- amended by CGD 05–88–13, 53 FR 20321, June day, except Federal holidays, the 3, 1988; CGD 5–89–43, 54 FR 30039, July 18, 1989; bridge shall remain closed to naviga- CGD5–90–023, 55 FR 23434, June 8, 1990; tion. CGD05–04–209, 70 FR 22254, Apr. 29, 2005; CGD05–05–049, 70 FR 68337, Nov. 10, 2005; (b) The bridge shall be opened at any- USCG–2009–0754, 75 FR 47464, Aug. 6, 2010] time for vessels in an emergency which presents danger to life or property. EFFECTIVE DATE NOTE: At 75 FR 47464, Aug. 6, 2010, § 117.1007 was amended by suspending [CGD05–93–054, 59 FR 5954, Feb. 9, 1994, as paragraphs (b) and (c) and adding new para- amended by CGD05–95–023, 60 FR 31247, June graph (d), effective Sept. 4, 2010 through Oct. 14, 1995] 5, 2012. WASHINGTON § 117.1011 Great Wicomico River. § 117.1031 Chehalis River. The draw of the S200 bridge, mile 8.0 at Tipers, shall open on signal; except The draw of the U.S. 101 highway that, if an opening is desired from 6 bridge, mile 0.1, at Aberdeen shall open p.m. to 6 a.m., the drawtender on duty on signal if at least one-hour notice is shall be notified before 6 p.m. given at all times by telephone to the Washington State Department of § 117.1013 Kinsale Creek. Transportation. The draw of the state highway [USCG–2009–0959, 75 FR 16004, Mar. 31, 2010] bridge, mile 4.0, at Kinsale need not be opened for the passage of vessels. § 117.1035 Columbia River. (a) The term drawtender, as used in § 117.1015 Mattaponi River. this section means the operator of the The draws of the Lord Delaware (S33) drawspan, whether that person may be bridge, mile 0.8 at West Point, and the a train crew member, maintenance per- S629 bridge, mile 28.5 at Walkerton, son, or an officially designated shall open on signal if at least 24 hours drawtender. notice is given. The drawtender service (b) The draw of the semi-automated for either bridge shall be increased to Union Pacific railroad bridge (Kalan the degree determined to be adequate Bridge), mile 323.4, near Kennewick, within 30 days after written notice is Washington, is normally maintained in received from the District Commander the fully open position with no to do so. drawtender in attendance. A radar beacon (RACON) is located at the center of § 117.1021 North Landing River. the drawspan. The RACON operates The draw of the S165 bridge, mile 20.2 only when the drawspan is fully open, at Chesapeake, shall open on signal; ex- by responding with the Morse letter cept that, from 6 a.m. to 7 p.m., the ‘‘K’’ to X-band radar signals. When nec- draw need be opened only on the hour essary to close the drawspan for the

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passage of a train or for maintenance, (6) After a train has cleared the a drawtender shall be dispatched to op- bridge, the following functions occur erate the draw from either of the re- automatically: The drawspan returns mote control stations located at the to the fully open and locked position, ends of the bridge. Operation of the the RACON is reactivated, the arrow bridge shall be as follows: display and the red strobe lights are (1) The drawtender shall broadcast a extinguished, the red centerspan navi- radio message over Channel 16–VHF to gation lights return to green and a re- all vessels in the vicinity that the corded message is broadcast over Chan- Kalan Bridge will be closing in two nel 13–VHF that the Kalan Bridge is minutes. If after two minutes no reopen for marine traffic. sponse is received, the drawtender shall (7) Bridge status information may be broadcast a message over Channel 13– obtained by calling the commercial VHF that the Kalan Bridge is closing. telephone number posted at the Both messages shall be broadcast drawspan of the bridge. twice. (c) The draw of the Burlington North- (2) Prior to activating the closing se- ern Santa Fe railroad bridge at mile quence the drawtender shall visually 328.0, between Pasco and Kennewick, inspect the waterway for marine traffic shall open on signal from 8 a.m. to 4 approaching the bridge. The closing se- p.m. At all other times the draw shall quence shall not be activated until open on signal if at least 2 hour’s no- after marine traffic has cleared the tice is given through the General bridge. Yardmaster, Pasco, Washington. (3) When the closing sequence is activated, the following functions occur [CGD13 92–02, 57 FR 37712, Aug. 20, 1992] automatically: The RACON is deacti- vated, red strobe lights on the lift tow- § 117.1037 Cowlitz River. ers and on the channel piers start (a) The draw of the Burlington flashing, a downward pointing arrow Northern Santa Fe railroad bridge, consisting of amber colored lights is mile 1.5, shall operate as follows: displayed from the center of the (1) The draw shall open on signal if at drawspan and a recorded message is least 24 hours notice is given. broadcast over Channel 13–VHF advis- (2) In the event of an emergency de- ing that the Kalan Bridge is closed to clared by the Cowlitz County Depart- river traffic. The radio message is re- ment of Emergency Services, the peated every five minutes, the red bridge shall be capable of opening upon lights continue to flash and the down- two hours notice. Notification of emer- ward pointing arrow is displayed, until gencies and requests for openings dur- the lift span returns to the up and ing emergencies are initiated through locked position. At the end of the ten the Cowlitz County Department of minutes, a horn sounds for 30 seconds, Emergency Services. the span begins closing and the (3) The operating machinery of the centerspan navigation lights turn from draw shall be maintained in a service- green to red. The horn sounds for 30 able condition and the draw shall be seconds at 10 minute intervals, until opened and closed at intervals frequent the lift span returns to the up and enough to make certain that the ma- locked position. chinery is in proper order for satisfac- (4) If for any reason during the clos- tory operation. ing sequence a danger is posed to ma- (4) During periods of fog or similar rine traffic, the closing sequence shall periods of reduced visibility, the be stopped and the bridge reopened drawtender, after acknowledging the until the threat of danger has passed. signal to open, shall toll a bell continu- (5) If the bridge is to be temporarily ously during the approach and passage closed for maintenance or for purposes of the vessel. other than the passage of a train, the (b) The draw of the Allen Street drawtender shall continually monitor Bridge, mile 5.5, need not open for the Channels 13 and 16 for calls from ap- passage of vessels. proaching vessels, and respond to inquiries from vessels about the closure. [CGD13 91–01, 56 FR 23518, May 22, 1991]

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§ 117.1041 Duwamish Waterway. (a) The draw shall open on signal if at least one hour’s notice is given. The (a) The draws of each bridge across draw shall be opened horizontally for the Duwamish Waterway shall open on 300 feet unless the maximum opening of signal, except as follows: 600 feet is requested. (1) From Monday through Friday, ex- (b) The draw of the Hood Canal cept all Federal holidays but Columbus Bridge, mile 5.0, need not open for ves- Day, the draws of the First Avenue sel traffic from 3 p.m. to 6:15 p.m. daily South Bridges, mile 2.5, need not be from 3 p.m. May 22 to 6:16 p.m. Sep- opened for the passage of vessels from tember 30, except for commercial tug 6 a.m. to 9 a.m. and from 3 p.m. to 6 and tow vessels and vessels of the U.S. p.m., except: The draws shall open at Navy or vessels attending the missions any time for a vessel of 5000 gross tons of the U.S. Navy and other public ves- and over, a vessel towing a vessel of sels of the United States. At all other 5000 gross tons and over, and a vessel times the bridge will operate in accord- proceeding to pick up for towing a ves- ance with paragraph (a) of this section. sel of 5000 gross tons and over. (c) Telephone requests for bridge (2) The draw of the South Park high- openings may be directed as collect way bridge, mile 3.8, need not be calls to the Toll Office at the bridge opened for the passage of vessels from site. The call may also be made by di- 6:30 a.m. to 8:00 a.m. and 3:30 p.m. to rect telephone communication through 5:00 p.m., Monday through Friday, ex- the Seattle Marine Operator, Station cept Federal holidays. KOH, or through other marine wire or (b) The following bridges shall open radio telephone service. on the specified signals: (d) During unusual or emergency pe- (1) Burlington Northern Santa Fe riods, the authorized representative of railroad bridge, mile 0.4, and South- the owner of or agency controlling the west Spokane Street bridge, mile 0.3, bridge shall open the draw on a demand one prolonged blast followed quickly basis for specified periods of time, nor- by three short blasts. mally not exceeding 48 hours, when re- (2) Burlington Northern Santa Fe quested by the Department of the railroad bridge, mile 0.4, one prolonged Navy. While on a demand basis, a blast followed quickly by one short drawtender shall be in attendance on blast. the bridge with radio communication (3) First Avenue South bridge, mile equipment in operation. 2.5, three prolonged blasts. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (4) South Park highway bridge, mile amended by CGD13 84–13, 49 FR 35628, Sept. 3.8, one prolonged blast followed quick- 11, 1984; CGD13–95–011, 62 FR 43097, Aug. 12, ly by one short blast and one prolonged 1997; USCG–2012–0074, 77 FR 28769, May 16, blast. 2012] (c) When fog prevails by day or by night, the drawtender of bridges listed § 117.1047 Hoquiam River. in this section, after giving the ac- (a) When fog prevails by day or night, knowledging signal to open, shall toll a the drawtender of each bridge listed in bell continuously during the approach this section, after giving the acknowl- and passage of vessels. edging signal to open, shall toll a bell continuously during the approach and [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as passage of vessels. amended by CGD13 84–14, 49 FR 35498, Sept. 10, 1984; CGD13 8–13, 49 FR 35628, Sept. 11, (b) The draw of the Puget Sound and 1984; CGD13 84–12, 50 FR 10228, Mar. 14, 1985; Pacific railroad bridge, mile 0.3 at CGD13 85–01, 50 FR 30271, July 25, 1985; CGD13 Hoquiam, shall be maintained in the 91–05, 56 FR 41284, Aug. 20, 1991; CGD13–99–005, fully open position except for the pas- 66 FR 33025, June 20, 2001; USCG–2002–12471, 67 sage of trains or for maintenance. FR 41332, June 18, 2002] When the draw of the bridge is closed and the visibility at the drawtender’s § 117.1045 Hood Canal. station is less than one mile up or The draw of the Washington State down the channel, the drawtender shall pontoon highway bridge near Port sound two long blasts every minute. Gamble operates as follows: When the draw is reopened, the

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drawtender shall sound one long blast able self-propelled vessel while passing followed by one short blast. the draw. (c) The draw of the Simpson Avenue (c) The draw of the Burlington North- Bridge, mile 0.5, at Hoquiam, shall ern Santa Fe railroad bridge, mile 0.1, open on signal if at least one hour no- shall open on signal. tice is given by telephone to the Wash- (d) The draws of the Ballard Bridge, ington State Department of Transpor- mile 1.1, Fremont Bridge, mile 2.6, and tation. The opening signal is two pro- University Bridge, mile 4.3, shall open longed blasts followed by one short on signal, except that: blast. (1) The draws need not be opened for (d) The draw of the Riverside Avenue a period of up to 10 minutes after re- Bridge, mile 0.9, at Hoquiam, shall ceiving an opening request, if needed to open on signal if at least one hour no- pass accumulated vehicular traffic. tice is given by telephone to the Wash- ington State Department of Transpor- However, the draws shall open without tation. The opening signal is two pro- delay, when requested by vessels en- longed blasts followed by two short gaged in towing operations. blasts. (2) The draws need not open from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as Monday through Friday, except all amended by CGD13 84–11, 49 FR 46548, Nov. 27, 1984; CGD13 85–15, 51 FR 2395, Jan. 16, 1986; Federal holidays but Columbus Day for CCGD13–93–019, 58 FR 44613, Aug. 24, 1993; any vessel of less than 1000 tons, unless USCG–2008–1095, 74 FR 12552, Mar. 25, 2009] the vessel has in tow a vessel of 1000 gross tons or over. § 117.1049 Lake Washington. (3) Between the hours of 11 p.m. and The draw of the Evergreen Point 7 a.m. the draws shall open if at least Floating Bridge between Seattle and one hour notice is given by telephone, Bellevue shall operate as follows: radiotelephone, or otherwise to the (a) The draw shall open on signal if drawtender at the Fremont Avenue at least two hours notice is given. Bridge. (b) Telephone requests for bridge (e) The draw of the Montlake Bridge, opening may be directed as collect mile 5.2, shall open on signal, except calls to the Highway Radio or made by that: direct telephone communication (1) The draw need not open for a pe- through the Seattle Marine Operator, riod of up to 10 minutes after receiving Station KOH, or through other marine an opening request, if needed to pass wire or radiotelephone service. accumulated vehicular traffic. How- (c) The draw need not be opened from ever, the draw shall open without 5 a.m. to 9 p.m. Monday through Fri- delay, when requested by vessels en- day, except for all Federal holidays gaged in towing operations. other than Columbus Day. (2) For any vessel or watercraft of [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as less than 1,000 gross tons, unless the amended by CGD13 84–13, 49 FR 35628, Sept. vessel has in tow a vessel of 1,000 gross 11, 1984; CGD13–94–039, 60 FR 54434, Oct. 24, tons or over, from Monday through 1995] Friday, except Federal Holidays: § 117.1051 Lake Washington Ship (i) The draw need not open from 7 Canal. a.m. to 9 a.m. and from 3:30 p.m. to 6:30 p.m. from April 30 to September 1 and (a) When fog prevails by day or by from 7 a.m. to 10 a.m. and from 3:30 night, the drawtender of each bridge listed in this section, after giving the p.m. to 7 p.m. from September 1 to acknowledging signal to open, shall April 30. toll a bell continuously during the approach and passage of vessels. (b) All non-self-propelled vessels, craft, or rafts navigating this waterway for which the opening of any draw is necessary shall be towed by a suit-

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(ii) The draw need open only on the at the center of the drawspan on both hour and half hour from 12:30 p.m. to upstream and downstream sides. 3:30 p.m. and from 6 p.m. to 6:30 p.m. (4) A similar set of red, green, and yellow lights shall be displayed on a re- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as mote lighting panel located near the amended by CGD 82–025, 49 FR 26722, June 29, 1984; CGD13 84–13, 49 FR 35628, Sept. 11, 1984; north end, upstream side, of the Wash- CGD13 86–02, 51 FR 18788, May 22, 1986; CGD 13 ington State highway bridge at mile 88–03, 53 FR 10535, April 1, 1988; CGD13 89–06, 2.2. These lights shall be synchronized 54 FR 52798, Dec. 22, 1989; CGD 96–026, 61 FR with the lights on the railroad bridge 33664, June 28, 1996; CGD13–99–005, 66 FR and shall be visible to vessels traveling 33026, June 20, 2001; CGD13–02–012, 68 FR downstream throughout the passage of 53051, Sept. 9, 2003] the channel adjacent to Strawberry Is- land. § 117.1053 Lewis River. (c) Operation. When a train ap- The draw of the Burlington Northern proaches the bridge, the yellow lights Santa Fe railroad bridge, mile 2.0 at shall start flashing. After an eight- Woodland, need not be opened for the minute delay, the green lights shall passage of vessels. change to red, the drawspan shall lower and lock, and the yellow lights shall be § 117.1055 Skagit River. extinguished. Red lights shall continue The draws of all bridges across the to be displayed until the train has Skagit river need not be opened for the crossed and the drawspan is again in passage of vessels. However, the draws the fully open position. At that time, shall be returned to operable condition the red lights shall change green. within one year after notification by (d) Vessels equipped with radio- the District Commander to do so. telephones may contact Burlington Northern Santa Fe to obtain informa- § 117.1057 Skamokawa Creek. tion on the status of the bridge. Bridge status information also may be ob- The draw of the Washington State tained by calling the commercial tele- highway bridge at Skamokawa need phone number posted at the drawspan not be opened for the passage of ves- of the bridge. sels. [CGD13 84–05, 49 FR 43956, Nov. 1, 1984] [CGD 82–025, 49 FR 17452, Apr. 24, 1984; 49 FR 43463, Oct. 29, 1984] § 117.1059 Snohomish River, Steam- boat Slough, and Ebey Slough. § 117.1058 Snake River. (a) Drawtenders of bridges listed in (a) The draw of the Burlington this section shall acknowledge sound Northern Santa Fe railroad bridge signals as follows: across the Snake River at mile 1.5 be- (1) When draw can be opened imme- tween Pasco and Burbank is automated diately, two prolonged blasts followed and is normally maintained in the fully by one short blast or three loud and open to navigation position. distinct strokes of a bell. (b) Lights. All lights required for (2) When draw cannot be opened im- automated operation shall be visible mediately, or when it is open and must for a distance of at least 2 miles and be closed promptly, two prolonged shall be displayed at all times, day and blasts or two loud and distinct strokes night. of a bell. This signal may also be used (1) When the draw is fully open, a by a vessel to countermand its call sig- steady green light shall be displayed at nal. the center of the drawspan on both up- (b) When fog prevails by day or by stream and downstream sides. night, the drawtender of each bridge (2) When the draw is not fully open, a listed in this section, after giving the steady red light shall be displayed at acknowledging signal to open, shall the center of the drawspan on both up- toll a bell continuously during the ap- stream and downstream sides. proach and passage of vessels. (3) When the draw is about to close, (c) The draws of the twin, SR 529, flashing yellow lights in the form of a highway bridges across the Snohomish down-pointing arrow shall be displayed River, mile 3.6, at Everett shall open

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on signal if at least one-hour notice is rine radio, telephone, or other means, given. On weekdays, Monday through to the drawtender at this bridge, and at Friday, notice for openings shall be all other times to the drawtender at given by marine radio, telephone, or the SR 529 bridges across the Snoho- other means to the drawtender at the mish River at Everett. During freshets, SR 529 highway bridge across Ebey a drawtender shall be in constant at- Slough, at Marysville, and at all other tendance and the draws shall open on times to the drawtender at the twin SR signal when so ordered by the District 529 bridges at Everett. One signal opens Commander. both draws. During freshets, a drawtender shall be in constant attend- [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as ance and the draws shall open on signal amended by CGD13 84–13, 49 FR 35628, Sept. 11, 1984; CGD13 85–10, 50 FR 25961, June 24, when so ordered by the District Com- 1985] mander. (d) The draw of the SR2 highway § 117.1061 Tacoma Harbor. bridge across the Snohomish River, mile 6.9, at Everett, shall open on sig- (a) When fog prevails by day or night, nal if at least four hours notice is the drawtender of each bridge listed in given. During freshets, a drawtender this section, after giving the acknowl- shall be in constant attendance and the edging signal to open, shall toll a bell draw shall open on signal when so or- continuously during the approach and dered by the District Commander. passage of vessels. (e) The draw of the Burlington North- (b) The draw of the South 11th Street ern Santa Fe railroad bridge across the bridge across City Waterway, mile 0.6, Snohomish River, mile 15.5, at Snoho- at Tacoma, shall open on signal if at mish, need not be opened for the pas- least two hours notice is given. How- sage of vessels. ever the draw need not be opened from (f) The draw of the Burlington North- 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to ern Santa Fe railroad bridge across 5:30 p.m. Monday through Friday, ex- Steamboat Slough, mile 1.0, near cept Federal holidays for vessels of less Marysville, shall open on signal if at than 1,000 gross tons, unless the vessels least four hours notice is given. The have in tow a vessel 1,000 gross tons or opening signal is one prolonged blast over, or unless the opening of the draw followed by one short blast and one is required for the pickup of a vessel of prolonged blast. 1,000 gross tons or over for towing. In (g) The draws of the twin, SR 529, emergencies, openings shall be made as highway bridges across Steamboat soon as possible upon notification to Slough, miles 1.1 and 1.2, near the Washington State Department of Marysville, shall open on signal if at Transportation. least four-hours notice is given. On [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as weekdays, Monday through Friday, no- amended by CGD13 84–13, 49 FR 35629, Sept. tice for openings shall be given by ma- 11, 1984; 49 FR 44632, Nov. 8, 1984; CGD 13–98– rine radio, telephone, or other means 001, 63 FR 10777, Mar. 5, 1998] to the drawtender at the SR 529 highway bridge across Ebey Slough, at § 117.1063 Willapa River South Fork. Marysville, and at all other times to (a) The draw of the Washington State the drawtender at the twin SR 529 Parks and Recreation Commission bridges at Everett. One signal opens bridge across the South Fork Willapa both draws. During freshets, a River, mile 0.3, at Raymond, shall open drawtender shall be in constant attend- on signal if at least 24 hours notice is ance and the draws shall open on signal given. when so ordered by the District Com- mander. [USCG–2000–7223, 65 FR 40056, June 29, 2000] (h) The draws of the SR 529, highway bridge, across Ebey Slough, mile 1.6, at § 117.1065 Wishkah River. Marysville, shall open on signal if at (a) When fog prevails by day or by least one-hour notice is given. On night, the drawtender of each bridge weekdays, Monday through Friday, no- listed in this section, after giving the tice for openings shall be given by ma- acknowledging signal to open, shall

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toll a bell continuously during the ap- notice is given. The opening signal for proach and passage of vessels. the Grassy Point bridge is two short (b) The draw of the Puget Sound and blasts followed by one prolonged blast Pacific railroad bridge, mile 0.1 at Ab- and for the Arrowhead bridge is three erdeen, shall be maintained in the fully prolonged blasts. open position, except for the passage of (c) The draw of the Duluth, Missabe trains or for maintenance. When the and Iron Range Railway bridge, mile draw of the bridge is closed and the vis- 16.3 at Duluth, need not be opened for ibility at the drawtender’s station is the passage of vessels. The owner shall less than one mile up or down the return the draw to operable condition channel, the drawtender shall sound within a reasonable time when notified two prolonged blasts every minute. by the District Commander to do so. When the draw is reopened, the drawtender shall sound one prolonged § 117.1085 East River. blast followed by one short blast. The draw of the Monroe Avenue (c) The draws of the Heron Street bridge, mile 0.3 at Green Bay, need not Bridge, mile 0.2 and the Wishkah be opened for the passage of vessels. Street Bridge, mile 0.4, at Aberdeen, shall open on signal if at least one hour § 117.1087 Fox River. notice is given by telephone to the Washington State Department of (a) The draws of the Canadian Na- Transportation. The opening signal for tional Bridge, mile 1.03, Main Street both bridges is one prolonged blast fol- Bridge, mile 1.58, Walnut Street Bridge, lowed by two short blasts. mile 1.81, Mason Street (Tilleman Me- morial) Bridge, mile 2.27, and Canadian [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as National Bridge, mile 3.31, all at Green amended by CGD13 85–15, 51 FR 2395, Jan. 16, Bay, shall open as follows: 1986; USCG–2008–1095, 74 FR 12553, Mar. 25, 2009] (1) From April 1 through November 30, the draws shall open on signal for WISCONSIN recreational vessels; except the draws need not open from 7 a.m. to 8 a.m., 12 § 117.1081 Black River. noon to 1 p.m., and 4 p.m. to 5 p.m., The draw of the CP Rail railroad Monday through Saturday except Fed- bridge, mile 1.0 at La Crosse, shall open eral holidays. Public vessels, tugs, and on signal if at least two hours notice is commercial vessels with a cargo capac- given. ity of 300 short tons or greater shall be passed at all times. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as amended by USCG–1998–3799, 63 FR 35527, (2) From December 1 through March June 30, 1998] 31, the draws shall open on signal if notice is given at least 12 hours in ad- § 117.1083 Duluth-Superior Harbor (St. vance of a vessels time of intended pas- Louis River). sage. (a) The draws of the Burlington (3) The opening signal for the Main Northern railroad bridge, mile 5.7 at Street Bridge is two short blasts fol- Duluth, shall open on signal; except lowed by one prolonged blast, for the that, from January 1 through March 15, Walnut Street Bridge one prolonged the draws shall open on signal if at blast followed by two short blasts, and least 24 hours notice is given. The for the Mason Street Bridge one pro- opening signal for the Minnesota Draw longed blast, followed by one short is one prolonged blast followed by two blast, followed by one prolonged blast. short blasts and for the Wisconsin (b) The draw of the George Street Draw is two prolonged blasts followed Bridge, mile 7.27 at DePere, shall open by two short blasts. on signal from April 1 to November 30; (b) The draws of the Grassy Point except that, from 6 p.m. to 8 a.m., the bridge, mile 8.0 at Duluth, and the Ar- draw shall open on signal if notice is rowhead bridge, mile 8.7 at Duluth, given at least 2 hours in advance of a shall open on signal; except that, from vessels time of intended passage. From January 1 through March 15, the draws December 1 to March 31, the draw shall shall open on signal if at least 24 hours open on signal if notice is given at

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least 12 hours in advance of a vessels (b) The draw of the Wisconsin Central time of intended passage. railroad bridge, mile 0.91 at Manitowoc, (c) The draws of the Main Street shall open on signal except that: bridge, mile 56.3, Jackson Street (1) From April 1 through October 31 bridge, mile 56.5, Wisconsin Street between the hours of 10:30 p.m. and 4:30 bridge, mile 57.0, and the Congress Ave- a.m., the draws shall open on signal if nue bridge, mile 58.3 all at Oshkosh, at least a 6 hour advance notice is shall open on signal from 8 a.m. to 12 given. midnight; except that, from Monday (2) From November 1 through March through Friday from 11:45 a.m. to 12:15 31 the draw shall open on signal if at p.m., 12:45 p.m. to 1:15 p.m., and 3 p.m. least a 12 hour advance notice is given. (3) Opening signal for this bridge is to 5 p.m., the draws need not be opened two short blasts followed by one pro- for other than public vessels of the longed blast. United States except on Memorial Day, Independence Day, and Labor Day. [CGD09–01–001, 66 FR 13434, Mar. 6, 2001] From 12 midnight to 8 a.m., the draws shall open on signal if at least two § 117.1091 Menomonee River. hours notice is given by radiotelephone The draw of the Ogden-First Street to the Main Street bridge drawtender bridge, mile 0.4 at Marinette, shall or the Winnebago County Sheriff’s De- open on signal from 7 a.m. to 11 p.m. partment. from May 1 through October 31. From (d) The draw of each bridge at or be- 11 p.m. to 7 a.m. from May 1 through tween Berlin and Portage need not October 31, the draw shall open on sig- open for the passage of vessels. nal if at least two hours notice is given. From November 1 through April [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as 30, the draw shall open on signal if at amended by CGD09–05–081, 70 FR 59657, Oct. least 12 hours notice is given. 13, 2005] § 117.1093 Milwaukee, Menomonee, § 117.1089 Manitowoc River. and Kinnickinnic Rivers and South (a) The draws of the Eighth Street Menomonee and Burnham Canals. bridge, mile 0.29, and Tenth Street (a) The draws of each bridge listed in bridge, mile o.43, both at Manitowoc, this section shall open as soon as pos- shall open on signal except that: sible for the passage of public vessels of (1) From April 1 through October 31, the United States, vessels carrying Monday through Friday, the bridges United States mail, vessels licensed to need not open from 6:50 a.m. to 7 a.m., carry 50 or more passengers when on 7:50 a.m. to 8 a.m., 11:55 a.m. to 12:10 their regular routes, and fireboats of p.m., and 12:45 p.m. to 1 p.m., except the City of Milwaukee. federal holidays. From 10:30 p.m. to 4:30 (b) For all bridges, the drawtender’s a.m. the draws shall open on signal if acknowledging signal when the draw at least a 6 hour advance notice is will open is the same as the opening given. signal. The acknowledging signal when the draw will not open, or is open and (2) From November 1 through March must be closed promptly is four short 31 the draws shall open on signal if at blasts. least a 12 hour advance notice is given. (c) The draws of bridges across the (3) The opening signals for these Milwaukee River operate as follows: bridges are: (1) The draws of the North Broadway (i) Eighth Street—one prolonged Street bridge, mile 0.5, North Water blast followed by one short blast. Street bridge, mile 0.6, and Michigan (ii) Tenth Street—two short blasts Street bridge, mile 1.1, all at Mil- followed by one prolonged blast. waukee, shall open on signal; except (4) When signal is given by car ferry that, from 7:30 a.m. to 8:30 a.m. and 4:30 or other large vessel to pass either of p.m. to 5:30 p.m. Monday through Sat- the two bridges, the remaining bridge urday except Federal holidays, the shall open promptly so that such ves- draws need not be opened. sels shall not be held between the two (2) The draws of all other bridges bridges. across the Milwaukee River shall open

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on signal if at least two hours notice is nal; except that, from 7:30 a.m. to 8:30 given; except that, from 7:30 a.m. to a.m. and 4:30 p.m. to 5:30 p.m. Monday 8:30 a.m. and 4:30 p.m. to 5:30 p.m., the through Saturday except Federal holi- draws need not be opened. days, the draw need not be opened. (3) The opening signals are as follows: (2) The draws of the Canadian Pacific (i) The Union Pacific railroad bridge, railroad bridge, mile 1.67, and the mile 0.59, two prolonged blasts. Union Pacific railroad bridge, mile 1.71, (ii) The North Broadway Street shall open on signal if at least two bridge, mile 0.5, three prolonged blasts hours notice is given. followed by one short blast. (3)(i)The draws of all other bridges (iii) The North Water Street bridge, across the Kinnickkinnick River shall mile 0.6, three prolonged blasts fol- open on signal; except that, from 7:30 lowed by two short blasts. a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 (4) The following bridges are re- p.m. Monday through Saturday except motely operated, are required to oper- Federal holidays, the draws need not be ate a radiotelephone, and shall open as opened and, from 11 p.m. to 7 a.m., the noted in this section; St. Paul Avenue, draws hall open on signal if at least mile 1.21, Clybourn Street, mile 1.28, two hours notice is given. Highland Avenue, mile 1.97, and Knapp (ii) The South First Street Bridge, Street, mile 2.14. mile 1.78, is remotely operated, is re- (d) The draws of bridges across the quired to operate a radiotelephone, and Menomonee River and South shall open as noted in this section. Menomonee Canal operate as follows: (4) The opening signal for the Union (1) The draw of the North Plankinton Pacific railroad bridge, mile 1.19, is two Avenue bridge across the Menomonee prolonged blasts. River, mile 1.08, shall open on signal; (f) The draw of the Canadian Pacific except that, from 7:30 a.m. to 8:30 a.m. Railway bridge, mile 1.74 over and 4:30 p.m. to 5:30 p.m. Monday Burnham Canal, need not be opened for through Saturday except Federal holi- the passage of vessels. days, the draws need not be opened. [CGD 82–025, 49 FR 17452, Apr. 24, 1984, as (2) The draws of all other bridges amended by CGD09–03–215, 68 FR 57358, Oct. 3, across the Menomonee River and South 2003; USCG–2005–21531, 70 FR 36349, June 23, Menomonee Canal shall open on signal; 2005; USCG–2009–0968, 74 FR 63612, Dec. 4, except that, from 7:30 a.m. to 8:30 a.m. 2009] and 4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal holi- § 117.1095 Root River. days, the draws need not be opened (a) The draw of the Main Street and, from 11 p.m. to 7 a.m., the draws bridge, mile 0.3 shall open on signal; shall open on signal if at least two except that, from April 1 through De- hours notice is given. cember 1 from 6 a.m. to 6 p.m., the (3) The opening signal for the Cana- draw need be opened only on the hour, dian Pacific railroad bridge across the 20 minutes after the hour, and 40 min- Menomonee River, mile 1.05, is two pro- utes after the hour to pass all accumu- longed blasts followed by two short lated vessels; and, from December 2 blasts. through March 31, the draw shall open (4) The following bridges are re- on signal if at least two hours notice is motely operated, are required to oper- given. At all times, public vessels of ate a radiotelephone, and shall open as the United States, state or local ves- noted in this section; North sels used for public safety, commercial Plankinton Avenue, mile 1.08, North vessels, and vessels in distress shall be Sixth Street, mile 1.37, and North passed as soon as possible. Emmber Lane, mile 1.95, all over (b) The draw of the State Street Menomonee River, and South Sixth bridge, mile 0.5, shall open on signal; Street, mile 1.51 over South except that, from October 16 through Menomonee Canal. April 30, the draw shall open on signal (e) The draws of bridges across the if at least two hours notice is given. At Kinnickinnic River operate as follows: all times, public vessels of the United (1) The draw of the Kinnickinnic Ave- States, state or local vessels used for nue bridge, mile 1.5, shall open on sig- public safety, commercial vessels, and

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vessels in distress shall be passed as is given at least 12 hours in advance of soon as possible. a vessel’s time of intended passage. (b) The draw of the Bayview (SR 42/ § 117.1097 Sheboygan River. 57) Bridge, mile 3.0 at Sturgeon Bay, The draw of the Eighth Street bridge, shall open as follows: mile 0.69 at Sheboygan, shall open as (1) From March 15 through November follows: 30, the draw shall open on signal. (a) From May 1 through October 31— (2) From December 1 through March (1) Between the hours of 6 a.m. and 10 14, the draw shall open on signal if no- p.m., the bridge shall open on signal, tice is given at least 12 hours in ad- except that: vance of a vessel’s time of intended (i) From 6:10 a.m. to 7:10 p.m., Mon- passage. day through Saturday, the draw need [CGD09–05–080, 70 FR 61381, Oct. 24, 2005] open only at 10 minutes after the hour, on the half-hour, and 10 minutes before § 117.1103 Upper Mississippi River. the hour; and See § 117.671, Upper Mississippi River, (ii) From Monday through Friday, listed under Minnesota. except Federal holidays, the draw need [CGD 92–015, 57 FR 37880, Aug. 21, 1992] not open between 7:30 a.m. and 8:30 a.m., between 12 p.m. and 1 p.m., and § 117.1105 Wisconsin River. between 4:30 p.m. and 5:30 p.m. The draws of each drawbridge across (2) Between the hours of 10 p.m. and the Wisconsin River shall open on sig- 6 a.m., the draw shall open on signal if nal if at least 48 hours notice is given. at least 2 hours advance notice is provided. § 117.1107 Wolf River. (b) From November 1 through April The draw of the Winneconne highway 30, the draw shall open on signal if at bridge, mile 2.4 at Winneconne, shall least 12 hours advance notice is pro- open on signal; except that, from 11 vided. p.m. to 7 a.m. from May 1 through Oc- (c) At all times, the draw shall open tober 31, at least two hours notice is as soon as possible for public vessels of required and, from November 1 through the United States, state or local gov- April 30, at least 12 hours notice is re- ernment vessels used for public safety, quired. At all times, public vessels of vessels in distress, vessels seeking shel- the United States, state and local ves- ter from rough weather, or any other sels used for public safety, and vessels emergency. in distress shall be passed as soon as [CGD09–98–003, 63 FR 49288, Sept. 15, 1998] possible.

§ 117.1099 St. Croix River. PART 118—BRIDGE LIGHTING AND See § 117.667, St. Croix River, listed OTHER SIGNALS under Minnesota. Sec. [CGD 92–015, 57 FR 37880, Aug. 21, 1992] 118.1 General requirements. 118.3 Incorporation by reference. § 117.1101 Sturgeon Bay. 118.5 Penalty for failure to maintain. (a) The draw of the Michigan Street 118.10 Interference or obstruction prohib- Bridge, mile 4.3 at Sturgeon Bay, shall ited. open as follows: 118.15 Penalty for interference or obstruction. (1) From March 15 through December 118.20 Obtaining information. 31, the draw need open on signal for 118.25 Application procedure. recreational vessels only on the hour, 118.30 Action by Coast Guard. 24 hours a day. However, if more than 118.40 Modification of requirements. 20 vessels have accumulated at the 118.45 Lighting for the protection of aerial bridge, or vessels are seeking shelter navigation. from severe weather, the bridge shall 118.50 Inspection. 118.55 Periods of operation. open on signal. 118.60 Characteristics of lights. (2) From January 1 through March 14, 118.65 Lights on fixed bridges. the draw shall open on signal if notice 118.70 Lights on swing bridges.

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118.75 Lights on single-opening drawbridges. terial made available. All approved ma- 118.80 Lights on bascule bridges. terial is available for inspection at 118.85 Lights on vertical lift bridges. U.S. Coast Guard Headquarters, Ad- 118.90 Bridges crossing channel obliquely. 118.95 Lights on structures not part of a ministrator, Office of Bridge Programs, bridge or approach structure. (CG–551), 2100 2nd St. SW., Stop 7580, 118.100 Retroreflective panels on bridge Washington, DC 20593–7580, or at the piers. National Archives and Records Admin- 118.105 [Reserved] istration (NARA). For information on 118.110 Daymarks and lateral lighting on bridges. the availability of this material at 118.120 Radar reflectors and racons. NARA, call 202–741–6030, or go to: http:// 118.130 Fog signals. www.archives.gov/federallregister/ 118.140 Painting bridge piers. codeloflfederallregulations/ 118.150 Traveller platforms. ibrllocations.html. Copies may be ob- 118.160 Vertical clearance gauges. tained from the sources indicated in AUTHORITY: 33 U.S.C. 494; 14 U.S.C. 85, 633; paragraph (c) of this section. Department of Homeland Security Delega- (c) The materials approved for incor- tion No. 0170.1. poration by reference in this part are: SOURCE: CGD 75–046, 40 FR 24898, June 11, 1975, unless otherwise noted. Federal Highway Administration (FHWA), 400 Seventh Street, SW., Washington, DC § 118.1 General requirements. 20590 All persons owning or operating Standard Alphabets for Highways Signs, bridges over the navigable waters of 1966. (Reprinted April 1984). the United States or any international [CGD 84–022, 51 FR 16313, May 2, 1986, as bridge constructed after March 23, 1906, amended by USCG–2000–7223, 65 FR 40056, shall maintain at their own expense June 29, 2000; 69 FR 18803, Apr. 9, 2004; USCG– the lights and other signals required by 2004–18057, 69 FR 34925, June 23, 2004; USCG– this part. 2008–0179, 73 FR 35013, June 19, 2008; USCG– 2010–0351, 75 FR 36283, June 25, 2010; USCG– [CGD 84–022, 51 FR 16312, May 2, 1986] 2010–0351, 75 FR 49411, Aug. 13, 2010; USCG– 2012–0306, 77 FR 37315, June 21, 2012] § 118.3 Incorporation by reference. (a) In this part, portions or the entire § 118.5 Penalty for failure to maintain. text of certain standards and specifica- Any person required to maintain tions are incorporated by reference as lights and other signals upon any the governing requirements for mate- bridge or abutment over or in the navi- rials, equipment, tests, or procedures gable waters of the United States who to be followed. These standards and fails or refuses to maintain such lights specification requirements specifically and other signals, or to obey any of the referred to in this part are the governing requirements for the subject lawful rules and regulations relating to matters covered, unless specifically the same is subject to a penalty as pro- limited, modified, or replaced by the vided in 14 U.S.C. 85. regulations. (b) These materials are incorporated § 118.10 Interference or obstruction prohibited. by reference into this part under 5 U.S.C. 552(a) with the approval of the No person shall obstruct or interfere Director of the Federal Register. The with any lights or signals maintained Office of the Federal Register publishes in accordance with the regulations pre- a table, ‘‘Material Approved for Incor- scribed in this part. poration by Reference,’’ which appears in the Finding Aids section of this vol- § 118.15 Penalty for interference or ob- ume. In that table are found citations struction. to the particular sections of this part Any person violating the provisions where the material is incorporated. To of § 118.10 of this chapter shall be enforce any edition other than the one deemed guilty of a misdemeanor and be listed in paragraph (c) of this section, subject to a fine not exceeding $500 for notice of the change must be published each offense. Each day during which in the FEDERAL REGISTER and the ma-

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such violation shall continue shall be in specific cases when the lighting or considered a new offense. other signals in this part may not provide adequately for the safe passage of [40 FR 24898, June 11, 1975, as amended by CGD 75–046a, 42 FR 56954, Oct. 31, 1977] vessels. (d) While a bridge is under construc- § 118.20 Obtaining information. tion, the District Commander prescribes the temporary lights and other Persons desiring information con- signals to be displayed for the protec- cerning the marking of bridges shall tion of navigation. address their inquiry to the District Commander having jurisdiction over [CGD 84–022, 51 FR 16313, May 2, 1986] the area concerned, or to the Com- mandant. § 118.45 Lighting for the protection of aerial navigation. § 118.25 Application procedure. The owner of a bridge which con- Approval of lights and other signals stitutes a hazard to aerial navigation required shall be obtained, prior to should maintain, in addition to the construction, from the District Com- lights prescribed in this part, such lights as may be prescribed by the Ad- mander of the area in which the struc- ministrator, Federal Aviation Adminis- ture will be situated. Application shall tration. be by letter accompanied by duplicate sets of drawings showing (a) plan and [40 FR 24898, June 11, 1975, as amended by elevation of the structure showing CGD 75–046a, 42 FR 56954, Oct. 31, 1977] lights and signals proposed, and (b) small scale vicinity chart showing pro- § 118.50 Inspection. posed bridge and all other bridges with- Lights and other signals required or in 1,000 feet above or below the pro- authorized under this part are subject posed bridge. to inspection at any time by Coast Guard personnel or authorized agents. § 118.30 Action by Coast Guard. [CGD 84–022, 51 FR 16313, May 2, 1986] (a) The District Commander receiving the application will review it and § 118.55 Periods of operation. approve the lights and other signals (a) Lights shall be displayed from proposed, or mark on the drawings, the sunset to sunrise and at other times lights and other signals required, and when the visibility is less than one in the case of lights, cite the applicable mile. section of this chapter which prescribes (b) Operators shall not be required to the lights required for the particular exhibit the prescribed lights during type bridge. seasons when vessels are unable to (b) Upon approval, one set of draw- navigate in the vicinity of the bridge. ings will be returned to the applicant (c) The operation of signals other with the notation ‘‘navigational lights than lights shall be as prescribed by and/or other signals approved as the District Commander. Each case shown’’, date, name and title of the shall be considered individually. District Commander. § 118.60 Characteristics of lights. § 118.40 Modification of requirements. All lights required or authorized (a) The District Commander may under this part must be securely at- modify the requirements for the dis- tached to the structure and of suffi- play of lights and other signals on any cient candlepower as to be visible bridge when a change in local condi- against the background lighting at a tions warrants the modification. distance of at least 2,000 yards 90 per- (b) The District Commander may ex- cent of the nights of the year. Lights empt bridges over waterways with no must meet the requirements of this significant nighttime navigation from part. Lights shall be fixed lights ex- the lighting or other signal require- cepting as provided in §§ 118.95. 118.110 ments in this part. and 118.150 of this part. Color specifica- (c) The District Commander may pre- tions are not prescribed for bridge scribe special lighting or other signals lights, however, the chromaticity

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standards for navigation lights in 33 with a set of three white lights ar- CFR Part 84—Annex I are rec- ranged in a vertical line directly above ommended. each green light on the main channel span. Each white light shall show [CGD 84–022, 51 FR 16313, May 2, 1986, as ° amended by USCG–1998–3799, 63 FR 35530, through a horizontal arc of 180 , and June 30, 1998] shall be mounted so that 1⁄2 of the horizontal arc will show on either side of a § 118.65 Lights on fixed bridges. line parallel to the axis of the channel. (a) Each fixed bridge span over a nav- These three white lights shall be se- igable channel shall be lighted so that curely mounted on the bridge structure the center of the navigable channel and spaced as nearly 15 feet apart as under each span will be marked by a the structure of the bridge will permit, range of two green lights, and each with a minimum spacing of 7 feet. The margin of each navigable channel will lowest white light in the line of three be marked by a red light: Provided, lights shall be placed not less than 10 That when a margin of a channel is nor more than 15 feet above each green limited by a pier, only those lights pre- light on the main channel span. scribed in paragraph (b) of this section NOTE: Until such time that major repairs shall be required to mark such channel to or replacements of existing main channel margin. The green lights shall each lights showing white are made, it is per- show through a horizontal arc of 360°; mitted that these lights show through a hor- they shall be securely mounted just izontal arc of not less than 60° nor more than below the outermost edge of the bridge 180° with 1⁄2 of such arc showing either side of span structure so as to be visible from a line parallel to the axis of the main chan- an approaching vessel. Each red light nel. When major repairs or replacement of shall show through a horizontal arc of such existing white lights are made, they shall conform with this paragraph. 180°, and shall be securely mounted just below the outermost edge of the bridge [40 FR 24898, June 11, 1975, as amended by span structure to show 90° on either CGD 75–046a, 42 FR 56954, Oct. 31, 1977] side of a line parallel to the axis of the channel so as to be visible from an ap- § 118.70 Lights on swing bridges. proaching vessel. (a) Swing span lights on through bridges. Each swing span of every NOTE: Until such time that major repairs through swing bridge shall be lighted to or replacements of existing fixed span navigation lights colored green are made, it with three lanterns so that when is permitted that only one of these lights viewed from an approaching vessel the marking the centerline of the same channel swing span when closed will display under a span shall be visible to an approach- three red lights on top of the span ing vessel. When major repairs to or replace- structure, one at each end of the span ment of such existing green lights are made on the same level and one at the center they shall conform with this paragraph. of the span no less than 10 feet above (b) Pier lights. When the navigable the other two lights, and when open for channel extends from pier to pier or navigation will display three green when piers are located within the navi- lights on top of the span structure in a gable channel, each end of such piers line parallel to and directly above the shall be lighted with a red light. Each long axis of the span, one at each end such light shall show through a hori- of the span on the same level, and one zontal arc of 180°, and shall be securely at the center of the span no less than 10 fastened at the end of the pier as low as feet above the other two lights. Each practicable but not lower than 2 feet lantern shall show through alternate above navigable high water to show 90° red and green horizontal arcs of 60° on either side of a line parallel to the each, the axis of adjacent arcs to be 90° axis of the channel so as to be visible from each other; each light shall be se- from an approaching vessel. curely mounted with the axis of the (c) Main channel. When necessary, green arcs parallel to the long axis of the District Commander may prescribe the swing span. that fixed bridges having two or more (b) Swing span lights on deck and half- spans over a navigable channel shall through bridges. Each swing span of have the main channel span marked every deck, half-through, girder, or

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similar type swing bridge shall be § 118.75 Lights on single-opening lighted with four lanterns so that when drawbridges. viewed from an approaching vessel the (a) Bridges in this class. Bridges of the swing span when closed will display folding, pontoon and similar type sin- one red light at each end, and when gle opening drawbridges are included in open to navigation will display two this class. green lights from each end. Each lan- (b) Draw span lights. Each draw span tern shall show through one red and of every single opening drawbridge two green horizontal arcs of 60° each, shall be lighted with two lanterns so the axis of each green arc to be 90° that when viewed from an approaching from the axis of the red arc; each light vessel the draw span when closed will shall be securely mounted at the floor display two red lights, one at each end level of the span as near to the side of of the span and when open to naviga- the span as practicable with the axis of tion will display two green lights, one the red light normal to the long axis of at each end of the span. Each lantern the swing span and so that the red shall show alternate red and green hor- ° light will be visible from an approach- izontal arcs of 60 each, the axis of ad- ° ing vessel when the span is closed. jacent arcs to be located 90 from each other; each lantern shall be securely (c) Every swing bridge Pier lights. mounted 15 feet above the roadway shall be lighted so that each end of the with the axis of the green arcs parallel piers adjacent to the navigable channel to the long axis of the swing span. (draw piers) or each end of their protec- (c) Pier or abutment lights. Every tion piers (draw pier protection piers) swing bridge shall be lighted so that and each end of the piers protecting the end of each pier, abutment or fixed the pivot pier (pivot protection pier) portion of the bridge adjacent to the will be marked by a red light. Each of navigable channel through the draw, or these lights shall show through a hori- each end of the protection piers for zontal arc of 180° and shall be mounted such piers, abutments, or fixed portion as low as practicable below the floor of the bridge will be marked by a red level of the swing span to show 90° on light. Each red light shall show either side of a line parallel to the axis through an arc of 180°, and shall be se- of the channel so as to be visible from curely mounted on the pier, abutment an approaching vessel. or fixed portion of the bridge as low as (d) Axis lights. Every swing bridge practicable to show 90° on either side of shall be lighted so that the intersec- a line parallel to the axis of the chan- tion of the bridge axis with each side of nel so as to be visible from an ap- the pivot pier and the channel side of proaching vessel. each draw pier which has a protection § 118.80 Lights on bascule bridges. pier will be marked by a red light: Pro- (a) Lift span lights. Each lift span of vided, That if the draw and draw pro- every bascule bridge shall be lighted so tection piers are straight along their that the free end of the span will be channel faces these lights shall not be marked on each side by a green light required. Each such light shall show which shows only when the span is ° through a horizontal arc of 180 , and fully open for the passage of a vessel shall be mounted on the navigable and by a red light which shows for all channel face of the pier as low as prac- other positions of the lift span. Each ticable below the floor level of the red and each green light shall show swing span to show 90° either side of a through a horizontal arc of 180°. The line normal to the axis of the navigable lighting apparatus shall be securely channel so as to be visible from an ap- mounted to the side of the span so that proaching vessel. the light will show equally on either (e) Omission of lights. Where the per- side of a line parallel to the axis of the manent navigable channel passes on channels, so that they will be visible only one side of the pivot pier of any from an approaching vessel. swing span, the District Commander NOTE: Until such time that major repairs may authorize the omission of lighting to or replacement of lift span navigation of the unused channel. lights are made, existing lights may show

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through a horizontal arc of less than 180°. lights when the vertical lift span is When major repairs to or replacement of ex- open for navigation, and by one red isting lights are made they shall conform light on each side for all other posi- with this paragraph. tions of the lift span. The green lights (b) Multiple parallel lift span lights. shall each show through a horizontal The outermost side of each outer span arc of 360°; they shall be securely of every bascule bridge with parallel mounted just below the outermost edge multiple lifts shall be lighted as pre- of the bridge span structure so as to be scribed in paragraph (a) of this section; visible from an approaching vessel. the lights shall be controlled so that Each red light shall show through a the green lights will be displayed only horizontal arc of 180°, and shall be se- when all spans are open for navigation. curely mounted just below the outer- The inner sides of each outer lift span most edge of the lift span to show 90° and both sides of each inner lift span of on either side of the line parallel to the such bascule bridge shall be lighted by axis of the channel so that only one red lights for all positions of the lift such light will be visible from an ap- span. These lights shall have the same proaching vessel. arcs of illumination and shall be mounted as described in paragraph (a) NOTE: Until such time that major repairs of this section. to or replacement of lift span navigation lights are made, it is permitted that these (c) Pier lights. Every bascule bridge lights show through a horizontal arc of not shall be lighted so that each end of more than 60°. When major repairs to or re- every pier, or protection pier where placement of such existing lights are made provided, in or adjacent to the navi- they shall conform with this paragraph. gable channels under the lift span or (b) Pier lights. Every vertical lift spans will be marked by a red light. bridge shall be lighted so that each end Each such red light shall show through of every pier in or adjacent to navi- a horizontal arc of 180°, and shall be se- gable channels under the lift span, or curely mounted as low as practicable each end of every protection pier when on the end of the pier, or protection provided, will be marked by a red light. pier, to show 90° either side of a line Each such light shall show through a parallel to the axis of the navigable horizontal arc of 180°, and shall be se- channel so as to be visible from an ap- curely mounted as low as practicable proaching vessel. on the end of the pier, or the protec- (d) Axis lights. Every bascule bridge tion pier, to show 90° on either side of which has at least one pier provided a line parallel to the axis of the navi- with a protection pier shall be lighted gable channel so as to be visible from so that the intersection of the long an approaching vessel. axis of the lift span with the channel side of each pier, or protection pier, (c) Axis lights. Every lift bridge which will be marked by a red light: Provided, has at least one pier provided with a That if all such piers and protection protection pier shall be lighted so that piers are straight along their channel the intersection of the lift span axis faces these lights shall not be required. with the channel side of each pier adja- Each such red light shall show through cent to the navigable channel will be a horizontal arc of 180° and shall be se- marked by a red light: Provided, That if curely mounted on the navigable chan- every such pier, or protection pier, is nel face of the pier as low as prac- straight along its channel face these ticable to show 90° on either side of a lights shall not be required. Each such line normal to the axis of the navigable light shall show through a horizontal ° channel so as to be visible from an ap- arc of 180 , and shall be securely proaching vessel. mounted on the navigable channel face of the pier as low as practicable to § 118.85 Lights on vertical lift bridges. show 90° on either side of a line normal (a) Lift span lights. The vertical lift to the axis of the navigable channel so span of every vertical lift bridge shall as to be visible from an approaching be lighted so that the center of the vessel. navigable channel under the span will [40 FR 24898, June 11, 1975, as amended by be marked by a range of two green CGD 75–046a, 42 FR 56954, Oct. 31, 1977]

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§ 118.90 Bridges crossing channel ob- through bridges with U.S. aids to navi- liquely. gation system lateral marks and lights Bridges crossing a body of water at installed on the superstructure or on an angle other than 90° with the axis of the channel piers. The District Com- the channel shall be lighted in accord- mander may also require or authorize ance with the regulations in this part the use of quick flashing, flashing, with such modifications as are nec- isophase or occulting red and green essary in each particular case. lights to mark the main channels. (b) If lateral system lights are re- § 118.95 Lights on structures not part quired or authorized to mark the main of a bridge or approach structure. navigation channels, fixed yellow Lights on sheer booms, isolated piers, lights shall be used to mark the adja- obstructions, and other structures not cent piers and the centerline of the part of a bridge or approach structure channel shall be marked with the must meet the requirements for aids to standard lateral system safe water navigation in Subpart 66.01 of Part 66 mark and occulting white light, in- of this chapter. stead of the lights prescribed in § 118.65. (c) The District Commander may re- [CGD 84–022, 51 FR 16313, May 2, 1986] quire or authorize the marking of the § 118.100 Retroreflective panels on centerline of the navigation channel bridge piers. drawspan of floating drawbridges with The District Commander may require a special mark, diamond in shape, yel- or authorize the display of high inten- low in color, and with a high intensity sity red or green retroreflective panels retroreflective material border. The when the District Commander finds it District Commander may require or necessary: authorize the mark to exhibit a flash- (a) To better identify a hazardous ing yellow light Morse Code ‘‘B’’ char- pier. acteristic. The mark may not be visible (b) To provide a backup for red pier when the drawspan is in the open posi- lights, red channel margin lights, and tion. green mid channel lights, which are [CGD 84–022, 51 FR 16313, May 2, 1986] subject to vandalism or otherwise dif- ficult to properly maintain. If the Dis- § 118.120 Radar reflectors and racons. trict Commander determines that the The District Commander may require nominal nighttime visibility required or authorize the installation of radar is less than one-half mile, the panels reflectors and racons on bridge struc- must be at least six inches square. If tures, stakes, or buoys. Radar reflec- the visibility required is more than tors are used to mark the location of one-half mile, the panels must be at the edge of the navigation channel or least 12 inches square. bridge channel piers. Racons are used (c) To mark bridge piers or channel to mark the centerline of the channel. sides on bridges not required to have bridge lighting. Lateral significant red [CGD 84–022, 51 FR 16313, May 2, 1986] triangles and green square retroreflective panels shall be used. § 118.130 Fog signals. The panels shall be at least 36 square On waterways where visibility is fre- inches in area to provide a nominal quently reduced due to fog or other nighttime visibility distance of at least causes, the District Commander may one-half mile. require or authorize the installation of [CGD 84–022, 51 FR 16313, May 2, 1986] one or more fog signals to warn the navigator of the presence of the bridge. § 118.105 [Reserved] The fog signals must conform to the installation, range, and sound fre- § 118.110 Daymarks and lateral light- quencies provisions in Subpart 67.10 of ing on bridges. Part 67 of this chapter. If more than (a) The District Commander may re- one fog signal is installed on a bridge quire or authorize the marking of the or in the vicinity, their characteristics margins of navigation channels must be different to distinguish each

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signal. The fog signals must be direc- pier protection structure if the surface tional to the fullest extent possible to is suitable and has sufficient width to minimize adverse impact on local resi- accommodate the foot marks (gradua- dents. tions) and numerals. [CGD 84–022, 51 FR 16313, May 2, 1986] (d) Numerals. (1) Each gauge must be marked by black numerals and foot § 118.140 Painting bridge piers. marks on a white background. Paint, if used, must be of good exterior quality, The District Commander may require resistant to excessive chalking or painting the sides of bridge channel bleeding. Manufactured numerals and piers below the superstructure facing traffic white or yellow when they are background material may be used. significantly darkened by weathering (2) The size, type, and spacing of nu- or other causes so as to be poorly visi- merals must conform to the Standard ble against a dark background. Alphabets for Highway Signs and the following table. The nominal day visi- [CGD 84–022, 51 FR 16314, May 2, 1986] bility distance is the distance at which the clearance information needs to be § 118.150 Traveller platforms. ascertained by approaching vessel oper- The District Commander may require ators. The District Commander deter- under deck traveller platforms which mines this distance for each bridge. may significantly reduce the vertical clearance when operated over naviga- Vertical Nominal day visibility Height of Type of spacing of tion channels at night to be lighted numeral distance (feet) (inches) numeral numerals with quick flashing red lights on each (feet) of the four lower corners. Less than 500 ...... 12 Series C ... 2 500 to 750 ...... 18 Series C ... 2 [CGD 84–022, 51 FR 16314, May 2, 1986] 750 to 1,000 ...... 24 Series D ... 5 1,000 to 2,000 ...... 30 Series E ... 5 § 118.160 Vertical clearance gauges. More than 2,000 ...... 36 Series E ... 10 (a) When necessary for reasons of safety of navigation, the District Com- (3) The length of the foot marks must mander may require or authorize the be no less than the width of a single installation of clearance gauges. Ex- numeral used (except numerals 1 and cept as specified in § 117.47(b) of this 4), be the same thickness as the width chapter for certain drawbridges, clear- of stroke of the numeral, and extend to ance gauges must meet the require- the nearest margin of the white back- ments of this section. ground. Foot marks must be spaced (b) Clearance gauges must indicate every foot for nominal day visibility of the vertical distance between ‘‘low less than 500 feet, every two feet for a steel’’ of the bridge channel span (in nominal day visibility of more than 500 the closed to navigation position for feet but less than 1,000 feet, and every drawbridges) and the level of the water, five feet for nominal day visibility of measured to the bottom of the foot more than 1,000 feet. marks, read from top to bottom. Each (4) Intermediate foot marks may be gauge must be installed on the end of used when more precise determination the right channel pier or pier protec- of actual clearance is necessary. Such tion structure facing approaching ves- intermediate foot marks must have a sels and extend to a reasonable height width of stroke one-half the width of above high water so as to be meaning- the stroke required for the numeral ful to the viewer. Other or additional and shall be three-quarters as long as locations may be prescribed by the Dis- the primary foot marks. trict Commander if particular condi- (5) The horizontal distance between tions or circumstances warrant. the numeral and nearest edge of the (c) Construction. Each gauge must be white background shall be no less than permanently fixed to the bridge pier or one-half the width of a single numeral pier protection structure and made of a (excepting numerals 1 and 4). durable material of sufficient strength (6) The minimum width of the white to provide resistance to weather, tide, background shall be no less than three and current. Gauges may be painted di- times the width of a single numeral rectly on the bridge channel pier or (excepting numerals 1 and 4) plus the

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widths of each additional numeral gauge and shall remeasure the vertical (when multiple numerals are used plus distance of the numerals and foot numeral spacing). marks below ‘‘low steel’’ of the bridge (e) Maintenance. The owner or oper- whenever the gauge is repainted or the ator of the bridge shall maintain each structure is repaired. gauge in good repair and legible condi- [CGD 84–022, 51 FR 16314, May 2, 1986, as tion. The bridge owner or operator is amended by USCG–2012–0306, 77 FR 37315, responsible for the accuracy of the June 21, 2012]

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PART 120—SECURITY OF Commandant means the Commandant PASSENGER VESSELS of the U.S. Coast Guard, or an authorized representative. Subpart A—General High seas means the waters defined in § 2.32(d) of this chapter. Sec. Operator means the person, company, 120.100 Does this part apply to me? 120.110 Definitions. or governmental agency, or the rep- 120.120 Incorporation by reference. resentative of a company or governmental agency, that maintains oper- Subpart B—Security Program ational control over a passenger vessel or passenger terminal. 120.200 What must my Vessel Security Pro- gram cover? Passenger terminal means any struc- 120.210 What are the responsibilities of my ture used for the assembling, proc- vessel security officer? essing, embarking, or disembarking of 120.220 What must I do to report an unlaw- passengers or baggage for vessels sub- ful act and related activity? ject to this part. It includes piers, wharves, and similar structures to Subpart C—Plans and Procedures for which a vessel may be secured; land Vessel Security. and water under or in immediate prox- 120.300 What is required to be in a Vessel imity to these structures; buildings on Security Plan? or contiguous to these structures; and 120.303 Who must submit a Terminal Secu- equipment and materials on or in these rity Plan? structures. 120.305 What is the procedure for examination? Security Level I means the degree of 120.307 What do I do if I need to amend my security precautions to take when the Vessel Security Plan? threat of an unlawful act against a ves- 120.309 What is my right of appeal? sel or terminal is, though possible, not AUTHORITY: 33 U.S.C. 1231; Department of likely. Homeland Security Delegation No. 0170. Security Level II means the degree of security precautions to take when the Subpart A—General threat of an unlawful act against a vessel or terminal is possible and intel- § 120.100 Does this part apply to me? ligence indicates that terrorists are This part applies to all passenger ves- likely to be active within a specific sels over 100 gross tons, carrying more area, or against a type of vessel or ter- than 12 passengers for hire; making minal. voyages lasting more than 24 hours, Security Level III means the degree of any part of which is on the high seas; security precautions to take when the and for which passengers are embarked threat of an unlawful act against a ves- or disembarked in the United States or sel or terminal is probable or imminent its territories. It does not apply to fer- and intelligence indicates that terror- ries that hold Coast Guard Certificates ists have chosen specific targets. of Inspection endorsed for ‘‘Lakes, Unlawful act means an act that is a Bays, and Sounds’’, and that transit felony under U.S. federal law, under international waters for only short pe- the laws of the States where the vessel riods of time, on frequent schedules. is located, or under the laws of the country in which the vessel is reg- § 120.110 Definitions. istered. As used in this part: Voyage means the passenger vessel’s Captain of the Port (COTP) means the entire course of travel, from the first Coast Guard officer designated by the port at which the vessel embarks pas- Commandant to command a Captain of sengers until its return to that port or the Port Zone as described in Part 3 of another port where the majority of the this chapter, or an authorized rep- passengers are disembarked and termi- resentative. nate their voyage.

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We means the United States Coast aboard the vessel, against unlawful Guard. acts; You, unless otherwise specified, (2) Prevents or deters the carriage means the owner, operator, or aboard the vessel of any prohibited charterer of a passenger vessel. weapon, incendiary, or explosive, on or about any person or within his or her [CGD 91–012, 61 FR 37652, July 18, 1996, as personal articles or baggage, and the amended by CGD91–012, 63 FR 53590, Oct. 6, 1998; USCG–2001–9044, 68 FR 42602, July 18, carriage of any prohibited weapon, in- 2003] cendiary, or explosive, in stowed baggage, cargo, or stores; § 120.120 Incorporation by reference. (3) Prevents or deters unauthorized access to the vessel and to restricted (a) Certain material is incorporated areas aboard the vessel; by reference into this part with the ap- (4) Provides appropriate security proval of the Director of the Federal measures for Security Levels I, II, and Register in accordance with 5 U.S.C. III that allow for increases in security 552(a) and 1 CFR Part 51. To enforce when the Commandant or Captain of any edition other than that specified in the Port (COTP) advises you that a paragraph (b) of this section, the Coast threat of an unlawful act exists and Guard must publish notice of change in may affect the vessel or any person the FEDERAL REGISTER and must make aboard it; the material available to the public. (5) Designates, by name, a security All approved material may be in- officer for the vessel; spected at the U.S. Coast Guard, (CG– (6) Ensures that all members of the 521), 2100 2nd St. SW., Stop 7126, Wash- crew are adequately trained to perform ington, DC 20593–7126. Copies may be their duties relative to security; and obtained from IMO, 4 Albert Embank- (7) Provides for coordination with ment, London SE1 7SR, or at the Na- terminal security while in port. tional Archives and Records Adminis- (b) If this part applies to your pas- tration (NARA). For information on senger vessel, you must work with the the availability of this material at operator of each terminal at which NARA, call 202–741–6030, or go to: http:// that vessel embarks or disembarks pas- www.archives.gov/federallregister/ sengers, to provide security for the pas- codeloflfederallregulations/ sengers and the vessel. You need not ibrllocations.html. duplicate any provisions fulfilled by (b) The materials approved for incor- the terminal unless directed to by the poration by reference in this part and Commandant. When a provision is ful- the sections affected are: filled by the terminal, the applicable INTERNATIONAL MARITIME ORGANIZATION section of the Vessel Security Plan re- (IMO) quired by § 120.300 must refer to that fact. 4 Albert Embankment, London SE1 7SR MSC Circular 443, Measures to Prevent Unlawful [CGD91–012, 63 FR 53590, Oct. 6, 1998] Acts Against Passengers and Crews on Board Ships September 26, 1986—120.220, § 120.210 What are the responsibilities 120.300 of my vessel security officer? (a) If this part applies to your pas- Subpart B—Security Program senger vessel, you must designate a security officer for your vessel. [CGD 91–012, 61 FR 37652, July 18, 1996, as (b) This officer must ensure that— amended at 69 FR 18803, Apr. 9, 2004; USCG– (1) An initial comprehensive security 2010–0351, 75 FR 36283, June 25, 2010] survey is conducted and updated; (2) The Vessel Security Plan required § 120.200 What must my Vessel Secu- by § 120.300 is implemented and main- rity Program cover? tained, and amendments to correct its (a) If this part applies to your pas- deficiencies and satisfy the security re- senger vessel, you must implement a quirements for the vessel are proposed; program for that vessel that— (3) Adequate training for members of (1) Provides for the safety and secu- the crew responsible for security is pro- rity of persons and property traveling vided;

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(4) Regular security inspections of Subpart C—Plans and Procedures the vessel are conducted; for Vessel Security (5) Vigilance is encouraged, as well as is general awareness of security, § 120.300 What is required to be in a aboard the vessel; Vessel Security Plan? (6) All occurrences or suspected oc- (a) If your passenger vessel is subject currences of unlawful acts and related to this part, you must develop and activities are reported under § 120.220; maintain, in writing, for that vessel, and an appropriate Vessel Security Plan (7) Coordination, for implementation that— of the Vessel Security Plan required by (1) Is unique to the vessel; § 120.300, takes place with the terminal (2) Articulates the program required by § 120.200; and security officer at each terminal where (3) Includes an appendix, for each the vessel embarks or disembarks pas- port where the vessel embarks or dis- sengers. embarks passengers, that contains [CGD91–012, 63 FR 53590, Oct. 6, 1998] port-specific security information. (b) The Vessel Security Plan must be § 120.220 What must I do to report an developed and maintained under the unlawful act and related activity? guidance in IMO MSC Circular 443, and must establish security measures to (a) Either you or the vessel security take for Security Levels I, II, and III, officer must report each breach of se- to— curity, unlawful act, or threat of an (1) Deter unauthorized access to the unlawful act against any of your pas- vessel and its restricted areas; senger vessels to which this part ap- (2) Deter the introduction of prohib- plies, or against any person aboard it, ited weapons, incendiaries, or explo- that occurs in a place subject to the ju- sives aboard the vessel; risdiction of the United States. You (3) Encourage vigilance, as well as must report the incident to both the general awareness of security, aboard COTP and to the local office of the the vessel; Federal Bureau of Investigation (FBI). (4) Provide adequate training to Also, if your vessel is a U.S.-flag vessel, members of the crew for security you must report each such incident aboard the vessel; that occurs in a place outside the juris- (5) Coordinate responsibilities for se- diction of the United States to the hot- curity with the operator of each terline of the Response Center of the De- minal where the vessel embarks or dis- partment of Homeland Security at 1– embarks passengers; and (6) Provide information to members 800–424–0201, or, from within metropoli- of the crew and to law-enforcement tan Washington, D.C., at 202–372–2428; personnel, in case of an incident affect- Fax: 202–372–2920. ing security. (b) Either you or the vessel security (c) You must amend the Vessel Secu- officer must file a written report of the rity Plan to address any known defi- incident, using the form ‘‘Report on an ciencies. Unlawful Act,’’ contained in IMO MSC (d) You must restrict the distribu- Circular 443, which you or the officer tion, disclosure, and availability of in- must forward as soon as possible to formation contained in the Vessel Se- Commandant (CG–533), 2100 2nd St. curity Plan to those persons with an SW., Stop 7363, Washington, DC 20593– operational need to know. 7363. You may initially file the report [CGD91–012, 63 FR 53590, Oct. 6, 1998] with Commandant (CG-533) by fax at (202) 267–4085 or –4065. § 120.303 Who must submit a Terminal Security Plan? [CGD91–012, 63 FR 53590, Oct. 6, 1998, as amended by USCG–2003–14505, 68 FR 9535, (a) You must submit a Terminal Se- Feb. 28, 2003; USCG–2006–25150, 71 FR 39208, curity Plan whenever— July 12, 2006; USCG–2010–0351, 75 FR 36283, (1) There is an agreement with the June 25, 2010] owner or operator of a terminal that you will submit the Plan;

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(2) You have exclusive use of the pier (d) No vessel subject to this part may and terminal building immediately ad- embark or disembark passengers in the jacent to the pier and have complete United States, unless it holds either a control of that area; Vessel Security Plan that we have ex- (3) There is no terminal; or amined or a letter from the Com- (4) Passengers embark or disembark manding Officer, Marine Safety Center, but no baggage or stores are loaded or stating that we are currently reviewing offloaded. the Plan and that normal operations (b) In the situations described in may continue until we have deter- paragraphs (a)(3) and (4) of this section, mined whether the Plan meets the re- you may, with the permission of the quirements of § 120.300. cognizant COTP, use an annex to the [CGD91–012, 63 FR 53591, Oct. 6, 1998, as vessel’s security plan instead of a Ter- amended by USCG–2001–9286, 66 FR 33641, minal Security Plan. June 25, 2001; USCG–2007–26953, 72 FR 5931, (c) The owner or operator of a ter- Feb. 8, 2007; USCG–2010–0351, 75 FR 36283, minal must submit a Terminal Secu- June 25, 2010] rity Plan whenever— § 120.307 What do I do if I need to (1) There is an agreement with you amend my Vessel Security Plan? that the owner or operator of the terminal will submit the Plan; (a) If your passenger vessel is subject (2) No security agreement exists; or to this part, you must amend your Ves- sel Security Plan when directed by the (3) (i) At least one vessel other than Commanding Officer, Marine Safety a passenger vessel uses the terminal; Center, and may amend it on your own (ii) More than one passenger vessel initiative. line uses the terminal; or (b) You must submit each proposed (iii) The terminal loads or offloads amendment to the Vessel Security baggage or stores. Plan you initiate, including changes to [CGD91–012, 63 FR 53591, Oct. 6, 1998] any appendix required by § 120.300(a)(3), to the Commanding Officer, Marine § 120.305 What is the procedure for ex- Safety Center, for review, at least 30 amination? days before the amendment is to take (a) You must submit two copies of effect, unless he or she allows a shorter each Vessel Security Plan required by period. He or she will examine the § 120.300, or of any Terminal Security amendment and respond according to Plan or annex required or permitted § 120.305. under § 120.303 or § 128.305 of this chap- (c) The Commanding Officer, Marine ter, to the Commanding Officer (MSC), Safety Center, may direct you to USCG Marine Safety Center, 1900 Half amend your Vessel Security Plan if he Street, SW., Suite 1000, Room 525, or she determines that implementation Washington, DC 20024 for visitors. Send of the Plan is not providing effective all mail to Commanding Officer (MSC), security. Except in an emergency, he United States Coast Guard, 2100 2nd St. or she will issue you a written notice of SW., Stop 7102, Washington, DC 20593– matters to address and will allow you 7102, for examination at least 60 days at least 60 days to submit proposed before embarking passengers on a voy- amendments. age described in § 120.100. (d) If there is an emergency or other (b) If the Commanding Officer, Ma- circumstance where the COTP deter- rine Safety Center, finds that the Ves- mines that implementation of the Plan sel Security Plan meets the require- is not providing effective security, and ments of § 120.300, he or she will return the procedures in paragraph (c) of this a copy to you marked ‘‘Examined by section are impracticable, the COTP the Coast Guard.’’ may give you an order to implement (c) If the Commanding Officer, Ma- increases in security immediately. The rine Safety Center, finds that the Ves- order will incorporate a statement of sel Security Plan does not meet the re- the reasons for it. quirements of § 120.300, he or she will [CGD91–012, 63 FR 53591, Oct. 6, 1998, as return the Plan with an explanation of amended by USCG–2001–9286, 66 FR 33641, why it does not meet them. June 25, 2001]

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§ 120.309 What is my right of appeal? and Environmental Protection [Com- Any person directly affected by a de- mandant (G-M)] according to the pro- cision or action taken by the Com- cedures in 46 CFR 1.03–15. manding Officer, Marine Safety Center, [CGD91–012, 63 FR 53591, Oct. 6, 1998, as under this part, may appeal that action amended by USCG–2001–9286, 66 FR 33641, or decision to the Assistant Com- June 25, 2001; USCG–2002–12471, 67 FR 41332, mandant for Marine Safety, Security June 18, 2002]

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