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Subchapter P—Ports and Waterways Safety

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Subchapter P—Ports and Waterways Safety SUBCHAPTER P—PORTS AND WATERWAYS SAFETY PART 160—PORTS AND terways Safety Act (33 U.S.C. 1221) and WATERWAYS SAFETY—GENERAL related statutes. § 160.3 Definitions. Subpart A—General For the purposes of this subchapter: Sec. Bulk means material in any quantity 160.1 Purpose. 160.3 Definitions. that is shipped, stored, or handled 160.5 Delegations. without the benefit of package, label, 160.7 Appeals. mark or count and carried in integral or fixed independent tanks. Subpart B—Control of Vessel and Facility Captain of the Port means the Coast Operations Guard officer designated by the Com- 160.101 Purpose. mandant to command a Captain of the 160.103 Applicability. Port Zone as described in part 3 of this 160.105 Compliance with orders. chapter. 160.107 Denial of entry. Commandant means the Commandant 160.109 Waterfront facility safety. of the United States Coast Guard. 160.111 Special orders applying to vessel op- Deviation means any departure from erations. 160.113 Prohibition of vessel operation and any rule in this subchapter. cargo transfers. Director, Vessel Traffic Services means 160.115 Withholding of clearance. the Coast Guard officer designated by the Commandant to command a Vessel Subpart C—Notifications of Arrival, Haz- Traffic Service (VTS) as described in ardous Conditions, and Certain Dan- part 161 of this chapter. gerous Cargoes District Commander means the Coast 160.201 General. Guard officer designated by the Com- 160.202 Applicability. mandant to command a Coast Guard 160.203 Exemptions. District as described in part 3 of this 160.204 Definitions. chapter. 160.206 Information required in an NOA. ETA means estimated time of arrival. 160.208 Changes to a submitted NOA. 160.210 Methods for submitting an NOA. Length of Tow means, when towing 160.212 When to submit an NOA. with a hawser, the length in feet from 160.214 Waivers. the stern of the towing vessel to the 160.215 Notice of hazardous conditions. stern of the last vessel in tow. When pushing ahead or towing alongside, Subpart D—Crewmember Identification length of tow means the tandem length 160.300 Applicability. in feet of the vessels in tow excluding 160.305 Exceptions. the length of the towing vessel. 160.310 Definitions. Person means an individual, firm, 160.315 Crewmember identification require- corporation, association, partnership, ment. or governmental entity. 160.320 Sanctions and vessel control. State means each of the several AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. States of the United States, the Dis- Chapter 701; Department of Homeland Secu- trict of Columbia, the Commonwealth rity Delegation No. 0170.1. Subpart C is also of Puerto Rico, Guam, American issued under the authority of 33 U.S.C. 1225 Samoa, the United States Virgin Is- and 46 U.S.C. 3715. lands, the Trust Territories of the Pa- SOURCE: CGD 79–026, 48 FR 35404, Aug. 4, cific Islands, the Commonwealth of the 1983, unless otherwise noted. Northern Marianas Islands, and any other commonwealth, territory, or pos- Subpart A—General session of the United States. Tanker means a self-propelled tank § 160.1 Purpose. vessel constructed or adapted pri- (a) This subchapter contains regula- marily to carry oil or hazardous mate- tions implementing the Ports and Wa- rials in bulk in the cargo spaces. 536 VerDate Mar<15>2010 07:59 Sep 03, 2010 Jkt 220131 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Y:\SGML\220131.XXX 220131 erowe on DSK5CLS3C1PROD with CFR Coast Guard, DHS § 160.7 Tank Vessel means a vessel that is trict Commander, Directors, Vessel constructed or adapted to carry, or Traffic Services are delegated author- that carries, oil or hazardous material ity under 33 CFR 1.01–30 to discharge in bulk as cargo or cargo residue. the duties of the Captain of the Port Vehicle means every type of convey- that involve directing the operation, ance capable of being used as a means movement, and anchorage of vessels of transportation on land. within a Vessel Traffic Service area in- Vessel means every description of cluding management of vessel traffic watercraft or other artificial contriv- within anchorages, regulated naviga- ance used, or capable of being used, as tion areas and safety zones, and to en- a means of transportation on water. force Vessel Traffic Service and ports Vessel Traffic Services (VTS) means a and waterways safety regulations. This service implemented under part 161 of authority may be exercised by Vessel this chapter by the United States Traffic Center personnel. The Vessel Coast Guard designed to improve the Traffic Center may, within the Vessel safety and efficiency of vessel traffic Traffic Service area, provide informa- and to protect the environment. The tion, make recommendations, or, to a VTS has the capability to interact vessel required under part 161 of this with marine traffic and respond to traf- chapter to participate in a Vessel Traf- fic situations developing in the VTS fic Service, issue an order, including an area. order to operate or anchor as directed; Vessel Traffic Service Area or VTS Area require the vessel to comply with or- means the geographical area encom- ders issued; specify times of entry, passing a specific VTS area of service movement or departure; restrict oper- as described in part 161 of this chapter. ations as necessary for safe operation This area of service may be subdivided under the circumstances; or take other into sectors for the purpose of allo- action necessary for control of the ves- cating responsibility to individual Ves- sel and the safety of the port or of the sel Traffic Centers or to identify dif- marine environment. ferent operating requirements. [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as NOTE: Although regulatory jurisdiction is amended by CGD 88–037, 53 FR 21815, June 10, limited to the navigable waters of the United 1988; CGD 90–020, 59 FR 36324, July 15, 1994; States, certain vessels will be encouraged or USCG–2010–0351, 75 FR 36287, June 25, 2010] may be required, as a condition of port entry, to report beyond this area to facili- § 160.7 Appeals. tate traffic management within the VTS area. (a) Any person directly affected by a safety zone or an order or direction VTS Special Area means a waterway issued under this subchapter may re- within a VTS area in which special op- quest reconsideration by the official erating requirements apply. who issued it or in whose name it was [CGD 90–020, 59 FR 36323, July 15, 1994, as issued. This request may be made oral- amended at USCG–2010–0351, 75 FR 36286, ly or in writing, and the decision of the June 25, 2010] official receiving the request may be rendered orally or in writing. § 160.5 Delegations. (b) Any person directly affected by (a) District Commanders and Cap- the establishment of a safety zone or tains of the Ports are delegated the au- by an order or direction issued by, or thority to establish safety zones. on behalf of, a Captain of the Port may (b) Under the provisions of §§ 6.04–1 appeal to the District Commander and 6.04–6 of this chapter, District through the Captain of the Port. The Commanders and Captains of the Ports appeal must be in writing, except as al- have been delegated authority to estab- lowed under paragraph (e) of this sec- lish security zones. tion, and shall contain complete sup- (c) Under the provisions of § 1.05–1 of porting documentation and evidence this chapter, District Commanders which the appellant wishes to have have been delegated authority to estab- considered. Upon receipt of the appeal, lish regulated navigation areas. the District Commander may direct a (d) Subject to the supervision of the representative to gather and submit cognizant Captain of the Port and Dis- documentation or other evidence which 537 VerDate Mar<15>2010 07:59 Sep 03, 2010 Jkt 220131 PO 00000 Frm 00547 Fmt 8010 Sfmt 8010 Y:\SGML\220131.XXX 220131 erowe on DSK5CLS3C1PROD with CFR § 160.101 33 CFR Ch. I (7–1–10 Edition) would be necessary or helpful to a reso- or direction was issued or the ruling lution of the appeal. A copy of this doc- under paragraph (c) of this section was umentation and evidence is made made, and any comments which might available to the appellant. The appel- be relevant, to the Assistant Com- lant is afforded five working days from mandant for Prevention. A copy of this the date of receipt to submit rebuttal documentation and evidence is made materials. Following submission of all available to the appellant. The appel- materials, the District Commander lant is afforded five working days from issues a ruling, in writing, on the ap- the date of receipt to submit rebuttal peal. Prior to issuing the ruling, the materials to the Assistant Com- District Commander may, as a matter mandant for Prevention. The decision of discretion, allow oral presentation of the Assistant Commandant for Pre- on the issues. vention is based upon the materials (c) Any person directly affected by submitted, without oral argument or the establishment of a safety zone or presentation. The decision of the As- by an order or direction issued by, or sistant Commandant for Prevention is on behalf of, a District Commander, or issued in writing and constitutes final who receives an unfavorable ruling on agency action. an appeal taken under paragraph (b) of (e) If the delay in presenting a writ- this section may appeal to the Area ten appeal would have significant ad- Commander through the District Com- verse impact on the appellant, the ap- mander.
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